Legal protection for consumers related to standard clauses according to law number 8 of 1999 concerning consumer protection

Lusita, Lusita and Widiarty, Wiwik Sri and Tobing, Gindo L. (2022) Legal protection for consumers related to standard clauses according to law number 8 of 1999 concerning consumer protection. International Journal of Law, 8 (2). pp. 7-13. ISSN 2455-2194

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Abstract

The application of standard clauses by business actors to consumers in business activities through standard agreements in Indonesia existed before issuing the Consumer Protection Law. It then creates a dispute or problem that must be resolved by filing a lawsuit to the court because the standard agreement has harmed consumers and is contrary to the principles in the agreement and is contrary to Article 1320 in conjunction with Civil Code Article 1338. The issuance of Law Number 8 of 1999 concerning Consumer Protection can also not minimize the risk of loss by consumers related to the application of standard clauses considering that these regulations are still minimal because there is only one article, namely Article 18. Due to the lack of regulation of standard clauses in the Consumer Protection Law, the practice of disputes between business actors and consumers related to standard clauses continues to be a legal problem in Indonesia that needs to be addressed. This study examines how entrepreneurs apply standard clauses in standard agreements with consumers, which in their implementation cause legal disputes and examine consumer protection against the application of standard clauses in terms of Law Number 8 of 1999 concerning Consumer Protection and includes several examples of cases relating to the standard application of clauses in the standard agreement which is settled through the civil court. Keywords: legal protection, standard clauses, law, consumer protection

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