Perlindungan Hukum Bagi Konsumen Dalam Perjanjian Beli Sewa (Leasing) Kendaraan Bermotor (Studi Kasus Pengadilan Negeri Medan)

Abstract

The agreement of renting and purchasing emerges in practice due to the need of the people for the agreement considered to be safe for the parties, namely the businessman who can give the item rented and purchased to the consumer for use, without altering the ownership of the item to the consumer up to absolutely- finished installment payments. The institution of renting and purchasing relies on the principle of freedom for contract as a main principle in the law of agreement which is ruled in Article 1338 in connection with Article 1320 in Criminal Code Civil. This thesis is aimed at recognizing and at understanding the standard agreement of renting and purchasing motorcycle and the principles of law justifying the creation of the agreement of renting and purchasing, at recognizing and at understanding the protection of consumer in terms of clause of exoneration in the agreement of renting and purchasing and the impact of law on the parties related to the UUPK, and at recognizing and at understanding the liability of the businessman in the agreement of renting and purchasing motorcycle if the motorcycle as the object of the agreement disappears on account of overmacht. The result of the research indicates that the agreement of renting and purchasing motorcycle has a standard form and constitutes an agreement with installment payment, so the name of the agreement is not suitable with what should be ruled in the agreement of renting and purchasing because the agreement is substantially more similar to the agreement of renting and purchasing with installment payment than to the real agreement of renting and purchasing according to the law. The businessman as a party who make an agreement uses standard clauses tend to release, alter or decrease his liability which in fact should be his liability according to the positive law, UUPK. The content of the agreement has not been adapted with Article 18 Paragraph (4) UUPK yet, so, in general, the rights of the consumer have not been protected yet because the businessman concentrates on protecting his party from the risk he may encounter. The agreement of renting and purchasing motorcycle is not against the valid law. The businessman can alter his liability in terms of bearing severe risk to the insurance company, but he cannot demolish his liability for the contract or agreement under the stipulation in Criminal Code Civil