Coup D’Etat Consumers’ Right Through Standard Form Clause in the Form of Notary Deed

Prisilia Anggraini Evelyn Terisno, Andrian Julius, Yuliana Angela

2018

Abstract

When ensuring the significance of business people, the rights and obligations of each party have to be defined under an agreement. Due to the complex process of making a complete and comprehensive contract, for time efficiency, business people generally have formulated the agreed terms and conditions prior to making the contract. In Indonesia, an agreement as mentioned above is called a standard form contract or “Standard Clause Contract” based on Law Number 8 Year 1999 regarding Consumer Protection. According to article 18, the Law of Consumer Protection states that the application of a standard clause requires heeding some of the restrictions that are listed under the Law in relation to the objective of preventing consumers who are not familiar with the law to incur losses. In Indonesia, for the agreement to have an ideal value of verification based on Burgerlijk Wetboek article 1870, business people in general will ask for the agreement to be taken to a notary to change its status to that of an authentic deed. Issues will arise if the standard form contract between the business people and their consumers is initiated without the authentic deed status. Therefore, the restriction in the Law of Consumer Protection article 18 could be applied. However, when the standard form contract status has been changed into an authentic deed, the condition of the Law of Consumer Protection article 18 can no longer be applicable. This issue arises based on normative jurisdiction reviews whereby the terms and conditions of the standard form contract have to be concluded by business people before the consumers agree to the contract. Nevertheless, authentic deeds, especially notary deeds, often states, either implicitly or explicitly, that the whole contract formation is initiated in the presence of the notary, and not made prior by business people. This fact is justified by the characteristic of an authentic deed that has an ideal strength of verification in the justification by a notary as the general officials if some events have actually taken place

Paper Citation

in Harvard Style

Terisno P., Julius A. and Angela Y. (2018). Coup D’Etat Consumers’ Right Through Standard Form Clause in the Form of Notary Deed.In Proceedings of the 4th International Conference on Contemporary Social and Political Affairs - Volume 1: ICoCSPA, ISBN 978-989-758-393-3, pages 281-283. DOI: 10.5220/0008820402810283

in Bibtex Style

@conference{icocspa18,
author={Prisilia Anggraini Evelyn Terisno and Andrian Julius and Yuliana Angela},
title={Coup D’Etat Consumers’ Right Through Standard Form Clause in the Form of Notary Deed},
booktitle={Proceedings of the 4th International Conference on Contemporary Social and Political Affairs - Volume 1: ICoCSPA,},
year={2018},
pages={281-283},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0008820402810283},
isbn={978-989-758-393-3},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 4th International Conference on Contemporary Social and Political Affairs - Volume 1: ICoCSPA,
TI - Coup D’Etat Consumers’ Right Through Standard Form Clause in the Form of Notary Deed
SN - 978-989-758-393-3
AU - Terisno P.
AU - Julius A.
AU - Angela Y.
PY - 2018
SP - 281
EP - 283
DO - 10.5220/0008820402810283