Standard agreement is one of the instruments used in the business that aim to
improve the efficiency and effectiveness of transactions conducted between businesses
and consumers. But the problem that often occurs is the standard agreement does not
reflect a balanced position between businesses and consumers. In line with this
problem, this study aims to identify deviations to the provisions of Article 18 of
Consumer Protection Law on standard clauses, particularly in the housing sector, and
identify consumer understanding of the existence of standard clauses and the impact
after the signing the sale purchase agreement (PPJB) of house. This study was
conducted in five regions namely Jabodetabek, Bandung, Surabaya, Batam and
Makassar. The analytical method used collecting data the depth interviews with
stakeholders, analysis of the contents of the PPJB document, and the descriptive
analysis of the survey to the consumer respondents.
The results of this study show that in general, there are several housing
developers who include standard clauses that are prohibited in the PPJB of house and
other documents which are an integral part of the PPJB. In addition, the analysis also
show that although the consumer has read the PPJB document, the average consumer
does not understand the intent of these agreements. This is due to the bonafides
developers and confidence to the developers. Based on that problem, it is needed to
increased sosialization of the rights and obligations of the consumers and businessmen
to create the conducive business climate in the context of consumer protection.
Keywords: clause, standard, document, house
Buletin Ilmiah Perdagangan, Vol. 4 No.1, Juli 2010