PENCEGAHAN PENYALAHGUNAAN KEADAAN ATAU MISBRUIK VAN OMSTANDIGHEDEN ATAU UNDUE INFLUENCE DALAM UNDANG – UNDANG PERLINDUNGAN KONSUMEN

Abstract

Consumers become the object of business activities to gain maximum profit by business actors through promotions, sales methods and the implementation of standard agreements that are detrimental to consumers. In situations like this, abuse of circumstances arises and the Consumer Protection Law should be able to accommodate efforts to prevent abuse of circumstances and provide protection for the weaker party, namely the customer or debtor. The problem is whether abuse of circumstances can be included in the reasons for canceling the agreement, whether abuse of circumstances is included as the basis for legal considerations in the judge's decision, how are the legal efforts to prevent abuse of circumstances in the Consumer Protection Law and how do LPKSM efforts handle the problem of abuse of circumstances by business actors. This study uses a Juridical-Normative approach method. The results of the study indicate that abuse of circumstances is one of the legal reasons for canceling an agreement and this is followed by the Supreme Court through the Jurisprudence of Case Decision Number 2356K / Pdt / 2010. That the legal efforts to prevent abuse of circumstances in the Consumer Protection Law are contained in Article 4 letter C, letter D, letter G, Letter H, Article 8 letter H, Article 18 and Article 19 of Law No. 8 of 1999 concerning Consumer Protection. Then the efforts of LPKSM (LP2K Central Java) in handling the problem of abuse of circumstances are to provide assistance.