Model Perjanjian Baku Pada Kontrak Berlangganan Sambungan Telekomunikasi Telepon Selular Pasca Bayar

The contract to subscribe to the telecommunication connection of postpaid cellular phone is a standard contract made by the business actor by almost not giving freedom at all to other parties to do negotiation for the requirements offered. This research is to study: first, is the implementation of standard contract for the subscription contract of telecommunication connection of postpaid cellular phone suitable with the legal principles of the contract? Second, how the model of standard contract in the contract of subscription for the telecommunication connection of the postpaid cellular phone is viewed from the contract laws and Law Number 8 of 1999 on the Consumer Protection? This is a normative-juridical research. The result of the research concluded that first; the subscription contract for the telecommunication connection of postpaid cellular phone theoretically has fulfilled the provisions of the Article 1320 Civil Law on the requirement of the contract legality. Second, the model of the subscription model of telecommunication connection of postpaid cellular phone must provide the clauses in accordance with the Law of Consumer Protection particularly limited with the Provision of Article 18 of Laws of Consumer Protection

Perlindungan Hukum terhadap Konsumen pada Perjanjian Pembiayaan dengan Fidusia Tidak Terdaftar

Fiduciary guarantee shall be registered, so that it has execution order, but sometimes fiduciary guarantee is accepted even if it is not registered. The problem in this study was how is the legal protection for consumers in a fiduciary agreement that is made without a notarial deed and is not registered at the Fiduciary Registration Office seen from Law Number 42 of 1999 concerning Fiduciary Guarantee and Law Number 8 of 1999 concerning Consumer Protection. This was a normative legal research. The results of the study concluded that the legal protection of consumers in a financing agreement with an unregistered fiduciary guarantee is that the principal (someone hiring fiduciary agent) can sue for compensation against the fiduciary agent on the basis of unlawful acts as stipulated in Article 1365 of the Civil Code. In addition, in the event of a crime, a person can be sued by Article 368 of the Criminal Code. Financing agreements with fiduciary guarantees shall contain clauses in accordance with the Consumer Protection Law because regarding this violation, business actors are punishable with maximum imprisonment of 5 (five) years or a maximum fine of IDR 2,000,000,000.00