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Reconstruction of The Pawn Agreement Based on Justice

Budi Wasana(1email), Krisnadi Nasution(2), Rosalinda Elsina Latumahina(3)


(1) Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya, Indonesia
(2) Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya, Indonesia
(3) Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya, Indonesia orcid
email Corresponding Author
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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.

Keywords


Reconstruction; Pawn Agreement; Justice.


DOI


10.47268/ballrev.v6i2.2873

Published


2025-07-31

How To Cite


APA: Wasana, B., Nasution, K., & Latumahina, R. (2025). Reconstruction of The Pawn Agreement Based on Justice. Batulis Civil Law Review, 6(2), 76-83. DOI: https://doi.org/10.47268/ballrev.v6i2.2873.
IEEE: B. Wasana, K. Nasution, and R. Latumahina, "Reconstruction of The Pawn Agreement Based on Justice", Batulis Civ. Law Rev., vol. 6, no. 2, pp. 76-83, Jul. 2025. Accessed on: Aug. 20, 2025. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v6i2.2873
Harvard: Wasana, B., Nasution, K., and Latumahina, R., (2025). "Reconstruction of The Pawn Agreement Based on Justice". Batulis Civil Law Review, Volume 6(2), pp. 76-83. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v6i2.2873 (Accessed on: 20 August 2025)
Chicago: Wasana, Budi, Krisnadi Nasution, and Rosalinda Elsina Latumahina. "Reconstruction of The Pawn Agreement Based on Justice." Batulis Civil Law Review 6, no. 2 (July 31, 2025): 76-83. Accessed August 20, 2025. doi:10.47268/ballrev.v6i2.2873
Vancouver: Wasana B, Nasution K, Latumahina R. Reconstruction of The Pawn Agreement Based on Justice. Batulis Civ. Law Rev. [Internet]. 2025 Jul 31 [cited 2025 Aug 20];6(2):76-83. Available from: https://doi.org/10.47268/ballrev.v6i2.2873
MLA 8th: Wasana, Budi, Krisnadi Nasution, and Rosalinda Elsina Latumahina. "Reconstruction of The Pawn Agreement Based on Justice." Batulis Civil Law Review, vol. 6, no. 2, 31 Jul. 2025, pp. 76-83, doi:10.47268/ballrev.v6i2.2873. Accessed 20 Aug. 2025.
BibTeX: 
@article{BALLREV2873,
		author = {Budi Wasana and Krisnadi Nasution and Rosalinda Elsina Latumahina},
		title = {Reconstruction of The Pawn Agreement Based on Justice},
		journal = {Batulis Civil Law Review},
		volume = {6},
		number = {2},
		year = {2025},
		keywords = {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.},
				issn = {2746-8151},		pages = {76--83}			doi = {10.47268/ballrev.v6i2.2873},
				url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/2873}
		}
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Airlangga, University. “Exoneration Clause in Business Contract.” Https://Repository.Unair.Ac.Id, 2024.

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Dublin Core PKP Metadata Items Metadata for this Document
 
1. Title Title of document Reconstruction of The Pawn Agreement Based on Justice
 
2. Creator Author's name, affiliation, country Budi Wasana; Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya; Indonesia
 
2. Creator Author's name, affiliation, country Krisnadi Nasution; Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya; Indonesia
 
2. Creator Author's name, affiliation, country Rosalinda Elsina Latumahina; Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Surabaya; Indonesia orcid
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Reconstruction; Pawn Agreement; Justice.
 
4. Description 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.
 
5. Publisher Organizing agency, location Faculty of Law, Universitas Pattimura
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2025-07-31
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/2873
 
10. Identifier Digital Object Identifier 10.47268/ballrev.v6i2.2873
 
11. Source Title; vol., no. (year) Batulis Civil Law Review; Vol 6, No 2 (2025): VOLUME 6 ISSUE 2, JULY 2025
 
12. Language English=en en
 
13. Relation Supp. Files
 
14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
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Copyright (c) 2025 Budi Wasana, Krisnadi Nasution, Rosalinda Elsina Latumahina

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