Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Legal Protection for Buyers in Car Sale-Purchase Transaction on Indent Basis

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303666,
        author={Tineke  Indriani},
        title={Legal Protection for Buyers in Car Sale-Purchase Transaction on Indent Basis},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={legal protection transaction sale-purchase indent},
        doi={10.4108/eai.1-7-2020.2303666}
    }
    
  • Tineke Indriani
    Year: 2021
    Legal Protection for Buyers in Car Sale-Purchase Transaction on Indent Basis
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303666
Tineke Indriani1,*
  • 1: Law Doctoral Program Jayabaya University, Indonesia
*Contact email: tinekeindrianish@gmail.com

Abstract

The study aims to discuss about legal protection for buyers (car indenters) considering that in new car sale-purchase transactions on indent basis, often having various problems done by the seller (car dealer). The problem included in the transaction in sale-purchase transaction because the legal position of the customer (indenter) was weaker than the position of the businessman (seller). Another problem was the long period of indentation and sometimes exceeding the promised schedule The research method used was normative juridical approach by comparison between das sein (the facts found) and das sollen (which should be based on statutory regulations). The results of the study show that based on the problems that occur in new car sale-purchase transactions on indent basis, guided by Law on Customer Protection in Article 2, Article 7, Article 15, Article 16, Article 18 (1a), and Article 1338 verse (3) of Civil Code, legal protection for indenter car was required. The legal protection was prioritized in the aspect of equality, in line with the injustice between the seller and the buyer, especially in their legal positions. Furthermore, as a form of civil accountability for a businessman who had bad deed, in legally formal, Article 60 of Law on Customer Protection was imposed as a form of civil accountability and Article 62 of Law on Customer Protection as a form of criminal sanction.