KAJIAN YURIDIS ASAS KEBEBASAN BERKONTRAK DAN PERLINDUNGAN KONSUMEN PADA PERJANJIAN KREDIT PEMILIKAN RUMAH (KPR)

Nurcahya, Satria Mega (2016) KAJIAN YURIDIS ASAS KEBEBASAN BERKONTRAK DAN PERLINDUNGAN KONSUMEN PADA PERJANJIAN KREDIT PEMILIKAN RUMAH (KPR). S1 thesis, UAJY.

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Abstract

The Title of this legal writing is a basic consideration in sentencing the offender of mortgages agreements related to the principle of freedom of contract and consumer protection. The formulation of the problem: Does the agreement in making mortgage agreements contains elements of the principle of freedom of contract? And how is the protection of the rights of the debtor in the manufacture of standard contract terms of mortgages with the Consumer Protection Act?. The method used is normative juridicial method, this method conducted or focusing on the positive legal norms as a factor juridical form of legislation and its relationship with the general principles of law as a normative factor. The conclusion that can be drawn from these legal problems : the agreement of mortgages as a form of a standard contract does not reflect the principle of freedom of contract. The second conclusion the rights of the debtor in the manufacture of standard contract mortgage itself, when viewed with relation Law on Consumer Protection rights of borrowers are already protected because of the restrictions in the inclusion of standard clauses contained in Article 18 of consumer protection laws and if it is breached it will be null and void.

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