URGENSI KLAUSULA BAKU DALAM AKTIVITAS BISNIS

Abstract

The term standard clause is often used specifically in the practice of
buying and selling that occurs between businesses and consumers.
Consumers are forced to accept it even though this is a unilateral
agreement in the form of transfer of responsibility by business actors to
consumers. As a result of the existence of this standard clause if there is a
defect in the goods that have been purchased, the consumer cannot
return the item back wherein in Islamic law the business / purchase
transaction is determined by the validity of a contract that is carried out
and discussed in the division of khiyar rights. In addition, this standard
clause is also regulated in Law No. 8 of 1999 concerning Consumer
Protection (UUPK).
Thus, the focus of this research objective is to find out the application of
standard clauses in business practices and to describe the approach of
Islamic law and La w no. 8 of 1999 concerning consumer protection
against standard clauses in business practices or buying and selling.
In the approach of Islamic law the application of this standard clause
must be carried out in an interadin manner. While according to Law no. 8
of 1999 concerning Consumer Protection (UUPK) the application of this
standard clause continues to provide protection for consumers in
fulfilling the rights of consumers to be served properly and not
discriminatory as well as the right to get compensation in the form of
replacement of similar goods if there is a disability.