Legal protection of KSPPS members in the use of the exoneration clause in Central Java
Legal protection for members of the Cooperative for Savings Loans and Sharia Financing (KSPPS) is important to protect the rights of cooperative members in accordance with Law Number 8 of 1999 concerning Consumer Protection. In loans practices, KSPPS often uses a standard agreement which includes an...
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| Format: | Article |
| Language: | Arabic |
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Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
2020-10-01
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| Series: | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
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| Online Access: | http://jurnal.unissula.ac.id/index.php/ua/article/view/11794 |
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| _version_ | 1832572996750934016 |
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| author | Moh. Arifin Ali Maskur Afif Noor |
| author_facet | Moh. Arifin Ali Maskur Afif Noor |
| author_sort | Moh. Arifin |
| collection | DOAJ |
| description | Legal protection for members of the Cooperative for Savings Loans and Sharia Financing (KSPPS) is important to protect the rights of cooperative members in accordance with Law Number 8 of 1999 concerning Consumer Protection. In loans practices, KSPPS often uses a standard agreement which includes an exoneration clause for time effectiveness and efficiency. However, the use of a standard agreement that contains an exoneration clause is more beneficial to the KSPPS and disadvantages the cooperative members as consumers because as a member of the consumer cooperative they do not have the opportunity to negotiate the contents of the standard agreement and must forcefully agree on the standard agreement so that the financing application he submits is granted by KSPPS.
This research is an empirical juridical study with a conceptual and statutory approach using qualitative analysis. This research was conducted at KSPPS in Central Java by taking samples from five districts / cities based on residency areas. The results of this study indicate that the standard agreement containing the exoneration clause is still often used by KSPPS, therefore it is necessary to disseminate information to cooperative managers and cooperative members in order to minimize the use of standard agreements containing exoneration clauses so that the rights of the parties can be fulfilled and avoid elements of defects of will which is contrary to the principles in the agreement. |
| format | Article |
| id | doaj-art-28d97113f492488c9d5cea44ca22d778 |
| institution | Kabale University |
| issn | 2597-6168 2597-6176 |
| language | Arabic |
| publishDate | 2020-10-01 |
| publisher | Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang |
| record_format | Article |
| series | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| spelling | doaj-art-28d97113f492488c9d5cea44ca22d7782025-02-02T05:33:13ZaraJurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung SemarangUlul Albab: Jurnal Studi dan Penelitian Hukum Islam2597-61682597-61762020-10-0141173610.30659/jua.v4i1.117944665Legal protection of KSPPS members in the use of the exoneration clause in Central JavaMoh. Arifin0Ali Maskur1Afif Noor2Universitas Islam Negeri (UIN) Walisongo SemarangUniversitas Islam Negeri (UIN) Walisongo SemarangUniversitas Islam Negeri (UIN) Walisongo SemarangLegal protection for members of the Cooperative for Savings Loans and Sharia Financing (KSPPS) is important to protect the rights of cooperative members in accordance with Law Number 8 of 1999 concerning Consumer Protection. In loans practices, KSPPS often uses a standard agreement which includes an exoneration clause for time effectiveness and efficiency. However, the use of a standard agreement that contains an exoneration clause is more beneficial to the KSPPS and disadvantages the cooperative members as consumers because as a member of the consumer cooperative they do not have the opportunity to negotiate the contents of the standard agreement and must forcefully agree on the standard agreement so that the financing application he submits is granted by KSPPS. This research is an empirical juridical study with a conceptual and statutory approach using qualitative analysis. This research was conducted at KSPPS in Central Java by taking samples from five districts / cities based on residency areas. The results of this study indicate that the standard agreement containing the exoneration clause is still often used by KSPPS, therefore it is necessary to disseminate information to cooperative managers and cooperative members in order to minimize the use of standard agreements containing exoneration clauses so that the rights of the parties can be fulfilled and avoid elements of defects of will which is contrary to the principles in the agreement.http://jurnal.unissula.ac.id/index.php/ua/article/view/11794kspps, exoneration clause and consumer protection |
| spellingShingle | Moh. Arifin Ali Maskur Afif Noor Legal protection of KSPPS members in the use of the exoneration clause in Central Java Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam kspps, exoneration clause and consumer protection |
| title | Legal protection of KSPPS members in the use of the exoneration clause in Central Java |
| title_full | Legal protection of KSPPS members in the use of the exoneration clause in Central Java |
| title_fullStr | Legal protection of KSPPS members in the use of the exoneration clause in Central Java |
| title_full_unstemmed | Legal protection of KSPPS members in the use of the exoneration clause in Central Java |
| title_short | Legal protection of KSPPS members in the use of the exoneration clause in Central Java |
| title_sort | legal protection of kspps members in the use of the exoneration clause in central java |
| topic | kspps, exoneration clause and consumer protection |
| url | http://jurnal.unissula.ac.id/index.php/ua/article/view/11794 |
| work_keys_str_mv | AT moharifin legalprotectionofksppsmembersintheuseoftheexonerationclauseincentraljava AT alimaskur legalprotectionofksppsmembersintheuseoftheexonerationclauseincentraljava AT afifnoor legalprotectionofksppsmembersintheuseoftheexonerationclauseincentraljava |