Institutional Repository UIN Sunan Kalijaga Yogyakarta: No conditions. Results ordered -Date Deposited. 2024-03-28T20:38:58ZEPrintshttp://digilib.uin-suka.ac.id/images/sitelogo.pnghttps://digilib.uin-suka.ac.id/2019-01-08T07:42:53Z2019-01-08T07:42:53Zhttp://digilib.uin-suka.ac.id/id/eprint/32293This item is in the repository with the URL: http://digilib.uin-suka.ac.id/id/eprint/322932019-01-08T07:42:53ZTINJAUAN HUKUM PERJANJIAN ISLAM DAN UNDANG-UNDANG
NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
TERHADAP KLAUSULA BAKU PADA UANG ELEKTRONIK
(STUDI PADA E-MONEY BANK X)X e-money is an unregistered electronic money and the value of money is stored
in the chip. Its use does not require a PIN, so it is easily transferable. X e-money has
the terms and conditions in the Consumer Protection Law called the standard clause.
Of the total of 13 clauses, the authors focus on three standard clauses: First, declare
restrictions and / or transfer of responsibility when the consumer loses the card, the
card is damage, or the card used by an unauthorized person. The standard clause
stating the transfer of responsibilities is prohibited by Article 18 Paragraph (1) Sub-
Paragraph a of the Consumer Protection Law. Second, require consumers agree on
new rules from the organizers. That is, the consumer is not given the freedom to choose
the contents of the clause and the clause contains obscurity of intent and purpose
(gharar). This is likely to violate Article 18 paragraph (1) letter g of the Consumer
Protection Law. Third, stating that the operator is not obliged to notify the reason for
suspension of service in case of technical or non-technical errors. This clause may be
in violation of Article 4 concerning consumer rights, as consumers are entitled to
comfort, security, and information that is clear, truthful and honest.
This research is a qualitative library research and using analytical descriptive
method and juridical-normative approach. The purpose of this research is to explain
the standard clause on X e-money in the perspective of Islamic covenant law and
Consumer Protection Law. Data were collected through a review of relevant and
verified literature using interactive and non-interactive methods. Interactive method is
in the form of participant observation and interview to one of the leaders of branches
of Bank X in Yogyakarta. And the non-interactive method is done by spreading the
questionnaire to 40 participants (consumers) who are on several cities in Indonesia.
From this research, can be drawn a conclusion that in the perspective of Islamic
covenant law this standard clause in accordance with the principles of Islamic
covenant law. However, the clause stating the necessity of the consumer to agree on
new rules is fasid, because it fulfills the terms and conditions of the agreement but has
not fulfilled the requrements of the validity of the agreement, that contains gharar.
While in the perspective of the Consumer Protection Law, the standard clause of X emoney
is not contradictory to Article 2, Article 4, Article 18 and the first clause stating
the transfer of responsibility due to negligence in accordance with Article 27 of
Consumer Protection Law.NIM. 14380028 WIDADATUL ULYA