THE IMPLEMENTATION OF PRINCIPLE OF JUSTICE IN RESOLVING OF CONSUMER CREDIT FINANCING DISPUTES DURING THE COVID-19 PANDEMIC IN INDONESIA
Sri Wahyuni1, Sufiarina2, Fransiska Novita Eleanora1, Harinanto Sugiono3

1Universitas Bhayangkara Jakarta Raya
2Universitas Tama Jagakarsa
3Sekolah Tinggi Hukum Militer

Abstract

The Covid-19 pandemic had a major impact on the economy, one of which was in the consumer credit financing sector where a number of people who became debtors experienced difficulties in making installment payments so that they experienced disputes with financing companies. One of them is a case that occurred in Bandung where a motorcycle financing loan debtor who only had 2x installments left out of a total of 33x experienced difficulties in paying monthly installments because he had not worked due to the impact of the Covid-19 pandemic where in this case the debtor had filed a lawsuit through BPSK Bandung where the BPSK decision was overturned by the District Court. The problem discussed in this study is how to apply the theory of justice in the settlement of credit financing disputes during the Covid-19 pandemic. This study uses a qualitative normative legal research method with a case approach using secondary data in the form of court decisions, laws, journals, and books. This study uses a theory of justice that focuses on the substantive justice contained in the judge^s decision. The results of this study indicate that the court^s decision in this case has not fully considered substance justice.

Keywords: Credit Financing, Consumer Disputes, Covid-19

Topic: Law