Reconstruction of The Pawn Agreement Based on Justice
DOI:
https://doi.org/10.47268/ballrev.v6i2.2873Keywords:
Reconstruction, Pawn Agreement, Justice.Abstract
Introduction: Legally, the clauses in the pawn agreement still contain clauses that conflict with the Consumer Protection Law Nomor 8 of 1999 Article 18 paragraph (1) letter a which states that business actors who offer goods and/or services intended for trading are prohibited from making or including standard clauses in each document and/or agreement if: they state the transfer of responsibility of the business actor. In the pawn agreement there are still missing clauses that should be included in the pawn agreement.
Purposes of the Research: To analyze and find a reconstruction of the mortgage agreement based on justice.
Methods of the Research: The research method used is normative juridical. Descriptive and argumentative techniques must be used in carrying out the analysis.
Results Main Findings of the Research: Exoneration clauses are contrary to the principle of justice, therefore firm action from the authorities must be implemented without discrimination. This is done so that standard agreements made by business actors reflect the principle of justice. The purpose and objective of having a fair agreement is to get a happy ending. If an exoneration clause is found in the agreement, in this case a pawn agreement, then it is necessary to reconstruct the agreement. So that a just and civilized humanitarian agreement and social justice for all Indonesian people are realized.Downloads
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Islamic Religion Al Khairat Pamekasan, Institute, Qaiyim Asy, Zitkil Muarrofah, and Iai Al Khairat Pamekasan. “NGEJHÁ Journal of Community Service Implementation Of Gold Pawn With Sharia System.” Journal of Community Service 1, no. 2 (2022): 99–104.
Airlangga, University. “Exoneration Clause in Business Contract.” Https://Repository.Unair.Ac.Id, 2024.
Anggriani, Djaman Saerika. “Application of Standard Clauses in Pawn Agreements” I, no. 1 (2013): 31–39.
Asuan, Asuan. “Settlement Against Defaulting Debtors in Pawn Agreements.” Solutions 18, no. 1 (2020): 121–38. https://doi.org/10.36546/solusi.v18i1.254.
Banten, UIN. “Theoretical Study.” Repository.Uinbanten.Ac.Id, 2024.
Dja'is, Mochammad, Etty Susilowati, Suradi Suradi, and Dessy Pintoko Nirmolo. “Electronic Goods Pawn Agreement in Central Java.” Legal Issues 48, no. 2 (2019): 186. https://doi.org/10.14710/mmh.48.2.2019.186-193.
Ideology, Pancasila Development Agency of the Republic of Indonesia. “Sukarno to Session Participants.” https://Bpip.Go.Id, 2024.
Iqbal, Muhammad, and . Sukirno. “Reconstruction of Gala Agreement (Customary Pawn) in Acehnese Customary Society Based on Sharia.” Law Reform 13, no. 1 (2017): 98. https://doi.org/10.14710/lr.v13i1.15954.
Finance, Service Authorization. Copy of Circular Letter of Financial Service Authorization Number 52/SEOJK.05/2017 Concerning the Implementation of Pawnshop Business Activities Conducting Conventional Business Activities (2017).
Grace Sharon. “Compensation in Misleading Promotion Methods Based on Law Number 8 of 1999 Concerning Consumer Protection.” Binamulia Law 7, no. 1 (2018): 50–70. https://doi.org/10.37893/jbh.v7i1.14.
Tanuwidjaja, Tan Henny. Legal Institutions of Debt Guarantee and History of Notary Legal Institutions. Bandung: Refika Aditama, 2012.
Totok Budisantoso, Sigit Triandaru and. Banks and Other Financial Institutions. Jakarta: Salemba Empat, 2000.
Umami, Yurida Zakky, and Anto Kustanto. “Legal Consequences of Default in a Pawn Agreement.” Qistie 14, no. 2 (2022): 13. https://doi.org/10.31942/jqi.v14i2.5597.
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