Kedudukan Pasal 1320 dan Pasal 1338 Kitab Undang-Undang Hukum Perdata Terhadap Perjanjian Kredit dan Kaitannya dengan Penyelesaian Sengketa Konsumen di Badan Penyelesaian Sengketa Konsumen (Studi Putusan Nomor 292/Pdt.Sus.BPSK/2016/PN-Mdn)

Abstract

Consumer Dispute Resolution Agency (BPSK) which has the authority to resolve consumer disputes that feel disadvantaged by the actions of business actors that are sometimes arbitrary. BPSK is an alternative solution to consumer disputes outside the court to resolve consumer disputes. The problem raised in this study is the position of Article 1320 and Article 1338 of the Civil Code to the Credit Agreement. The authority of BPSK in resolving credit agreement cases with banks. Application of law in the resolution of consumer disputes by consumer dispute resolution bodies in credit agreements (analysis of decision No. 292 / Pdt.Sus.BPSK / 2016 / PN-Mdn). The method in writing scientific papers uses normative research methods. The nature of the research used is descriptive analytic research. Position of Article 1320 and Article 1338 of the Civil Code concerning Credit Agreements. Article 1320 of the Civil Code regulates the terms of agreement. For an agreement to have binding legal force, all of the conditions must be fulfilled, namely agreement, skills, certain matters and halal causes, this is also in line with the principle of freedom of contract which is stated in Article 1338 paragraph (1) of the Law Civil Code, which states that all agreements (contracts) made legally apply as a law for those who make them. The authority of BPSK in resolving credit agreement cases with banks, BPSK's authority as an institution for resolving disputes outside the court that aims to provide legal protection for businesses and consumers. To find out the application of the law in the settlement of consumer disputes by the consumer dispute resolution agency in the credit agreement (analysis of decision No. 292 / Pdt.Sus.BPSK / 2016 / PN-Mdn) states the letter of credit agreement No. S.P.K.0040 / 3396/1 / PF / I / 2014 dated January 8, 2014 with all the conditions attached to the agreement still valid and must be implemented by the Respondent (Consumer).