ROLE OF NOTARY IN PROVIDING LEGAL PROTECTION AGAINST HOME OWNERSHIP CREDIT CONSUMERS THROUGH STANDARD AGREEMENTS

Abstract

The research objectives are to find out and explain the role of a notary in providing legal protection for housing loan consumers based on Law Number 8 of 1999 concerning Consumer Protection, to find out and explain the obstacles and solutions to the standard housing loan agreement with the exonation clause not being fulfilled by consumers. This research is a qualitative research with a normative juridical approach.

Based on the results of research and discussion it can be seen that the role of the notary in providing legal protection for housing loan consumers based on Law Number 8 of 1999 concerning Consumer Protection, before the KPR agreement deed is read and explains what is meant in the articles of the KPR agreement, the notary examines the contents of the agreement, whether there are clauses which may be unbalanced, harm consumers and can be categorized as violating the UUPK. If the notary finds such a thing, the notary must provide input to the bank, that it violates the UUPK. Constraints and solutions for the standard housing loan agreement with the exonation clause were not fulfilled by consumers.The Housing Loan Agreement of Perumnas Teluk is one-sided or unbalanced which often benefits the seller and disadvantages the prospective buyer, there is no opportunity for prospective buyers to bargain, so that prospective buyers do not have much opportunity and time to find out the contents of the Ownership Credit Agreement The house of the Perumnas Teluk. It is impossible for a party with a weak economic position to bargain to make a standard agreement or document so that for him there are only 2 choices, namely to accept or reject. The solution that can be done according to Article 1267 of the Civil Code is first to force the fulfillment of the agreement and second to cancel the agreement along with compensation. Therefore, in order to fulfill the conditions for cancellation, there must be: (1) a reciprocal agreement; (2) one of the parties has been proven to have defaulted; and (3) must be mediated by a judge.

Keywords :     the role of a notary, providing legal protection for consumers