Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems...
This study, which is a legal review of the trade-in contract for exchange of motor vehicles and its problems in DIY is a study on normative law. Therefore, it is concerned with legal priciples, legal norms and jurisprudence as well as doctrines associated with contractual law, particularly trade-in...
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| Format: | Article |
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[Yogyakarta] : Universitas Gadjah Mada
1995
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| _version_ | 1826032219357970432 |
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| author | Perpustakaan UGM, i-lib |
| author_facet | Perpustakaan UGM, i-lib |
| author_sort | Perpustakaan UGM, i-lib |
| collection | UGM |
| description | This study, which is a legal review of the trade-in contract for exchange of motor vehicles and its problems in DIY is a study on normative law. Therefore, it is concerned with legal priciples, legal norms and jurisprudence as well as doctrines associated with contractual law, particularly trade-in contracts.
The objectives of this study are to find out how the trade-in of motor vehicles is carried out and the problems that may arise during transaction, why the contract is changed into a standart hire purchase contract when payment is made in instalments, how disputes are settled, and how a trade-in contract should be made.
The findings indicate that the trade-in of motor vehicles is a sales agreement because in practice both the trader and the consumer are involved in the act of selling and buying each other's vehicle. This happens when they reach an agreement about the prices of their vehicles on acceptance of an offer during the trade in procedure. As a sales agreement, payment of a vehicle's price can be made either cash with no written agreement, or by instalment under a written agreement (standart contract) correspon ding to a hire purchase contract.
A trade-in contract for an exchange of motor vehicle which involves payments by instalment is made under a hire purchase written agreement in order to provide legal certainty and protection for the trader (seller), a gua rantee that instalment will be paid by consumer (buyer) because the right of ownership is retained by the trader before the full price is paid. This contract becomes effective when an agreement is reach and indicated by the signing of a contract, which is a manifestation of the consumer's intention or willingness to comply. However, there is actually a fault in the statement of intention because of a possible undue influence by the trader both economically and psychologically. What happens in practice is that the system inflicts a loss on the consumer because of the inclusion of a clause in the contract that exconerates the trader, resulting in an imbalanced imposation of responsibility and unfair treatment of the consumer.
Disputes that occur in trade-in of motor vehicle by payment of instalments (hire purchase) can be settled either out of court or through judicial procedures. In practice, however, out of court settlements tend to inflict a loss on the consumer because any settelement is essentially based on the hire purchase contract that has previously been made, and the contents of this contract already make things difficult for the consumer. In an out of court settlement, the buyer is still deprived of legal protection. Contract for the trade-in of motor vehicles in DIY are made to satisfy the needs of both the consumer and the trader. However, in practice, a hire purchase contract does not provide legal certainty and protection for the consumer, and the system undermines the principles of freedom in contract-making. There is an urgent need for conformity to the principles contained in Civil Code and the requirements in law of contract, particulary considerations that give freedom to both sides to sacrifice their rights through the process of negotiation to reach an agreement.
The endeavour to provide a concrete legal protection that can be offered for the potential loser would be through preventive measures taken by legislators and notaries as well as repressive actions through the court in which the judge can evaluate the implementation of a contract on good faith principle, undue influence, and normative in- terpretation of the contents of pa contract, and abuse of right.
Keywords: Trade-in contract, motor vehicles. |
| first_indexed | 2024-03-13T18:50:10Z |
| format | Article |
| id | oai:generic.eprints.org:23251 |
| institution | Universiti Gadjah Mada |
| last_indexed | 2024-03-13T18:50:10Z |
| publishDate | 1995 |
| publisher | [Yogyakarta] : Universitas Gadjah Mada |
| record_format | dspace |
| spelling | oai:generic.eprints.org:232512014-06-18T00:39:28Z https://repository.ugm.ac.id/23251/ Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... Perpustakaan UGM, i-lib Jurnal i-lib UGM This study, which is a legal review of the trade-in contract for exchange of motor vehicles and its problems in DIY is a study on normative law. Therefore, it is concerned with legal priciples, legal norms and jurisprudence as well as doctrines associated with contractual law, particularly trade-in contracts. The objectives of this study are to find out how the trade-in of motor vehicles is carried out and the problems that may arise during transaction, why the contract is changed into a standart hire purchase contract when payment is made in instalments, how disputes are settled, and how a trade-in contract should be made. The findings indicate that the trade-in of motor vehicles is a sales agreement because in practice both the trader and the consumer are involved in the act of selling and buying each other's vehicle. This happens when they reach an agreement about the prices of their vehicles on acceptance of an offer during the trade in procedure. As a sales agreement, payment of a vehicle's price can be made either cash with no written agreement, or by instalment under a written agreement (standart contract) correspon ding to a hire purchase contract. A trade-in contract for an exchange of motor vehicle which involves payments by instalment is made under a hire purchase written agreement in order to provide legal certainty and protection for the trader (seller), a gua rantee that instalment will be paid by consumer (buyer) because the right of ownership is retained by the trader before the full price is paid. This contract becomes effective when an agreement is reach and indicated by the signing of a contract, which is a manifestation of the consumer's intention or willingness to comply. However, there is actually a fault in the statement of intention because of a possible undue influence by the trader both economically and psychologically. What happens in practice is that the system inflicts a loss on the consumer because of the inclusion of a clause in the contract that exconerates the trader, resulting in an imbalanced imposation of responsibility and unfair treatment of the consumer. Disputes that occur in trade-in of motor vehicle by payment of instalments (hire purchase) can be settled either out of court or through judicial procedures. In practice, however, out of court settlements tend to inflict a loss on the consumer because any settelement is essentially based on the hire purchase contract that has previously been made, and the contents of this contract already make things difficult for the consumer. In an out of court settlement, the buyer is still deprived of legal protection. Contract for the trade-in of motor vehicles in DIY are made to satisfy the needs of both the consumer and the trader. However, in practice, a hire purchase contract does not provide legal certainty and protection for the consumer, and the system undermines the principles of freedom in contract-making. There is an urgent need for conformity to the principles contained in Civil Code and the requirements in law of contract, particulary considerations that give freedom to both sides to sacrifice their rights through the process of negotiation to reach an agreement. The endeavour to provide a concrete legal protection that can be offered for the potential loser would be through preventive measures taken by legislators and notaries as well as repressive actions through the court in which the judge can evaluate the implementation of a contract on good faith principle, undue influence, and normative in- terpretation of the contents of pa contract, and abuse of right. Keywords: Trade-in contract, motor vehicles. [Yogyakarta] : Universitas Gadjah Mada 1995 Article NonPeerReviewed Perpustakaan UGM, i-lib (1995) Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... Jurnal i-lib UGM. http://i-lib.ugm.ac.id/jurnal/download.php?dataId=6193 |
| spellingShingle | Jurnal i-lib UGM Perpustakaan UGM, i-lib Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... |
| title | Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... |
| title_full | Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... |
| title_fullStr | Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... |
| title_full_unstemmed | Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... |
| title_short | Tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya (studi di Daerah Istimewa Yogyakarta) = Legal Review of The Trade-In Contract for Exchange of Motor Vehicles and Its Problems... |
| title_sort | tinjauan yuridis tentang perjanjian tukar tambah kendaraan bermotor dan permasalahannya studi di daerah istimewa yogyakarta legal review of the trade in contract for exchange of motor vehicles and its problems |
| topic | Jurnal i-lib UGM |
| work_keys_str_mv | AT perpustakaanugmilib tinjauanyuridistentangperjanjiantukartambahkendaraanbermotordanpermasalahannyastudididaerahistimewayogyakartalegalreviewofthetradeincontractforexchangeofmotorvehiclesanditsproblems |