The Implementation of Principle of Justice in Resolving of Consumer Credit Financing Disputes During the Covid-19 Pandemic in Indonesia

S. Wahyuni, Sufiarina Sufiarina, Fransiska Novita Eleanora, Harinanto Sugiono
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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 twowheeled motor vehicle 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 city 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 method with a case approach and by relating it to John Rawls's theory of justice. The results of this study indicate that the application of the theory of justice in this case is not used as a consideration for court decisions.
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新冠肺炎疫情期间印尼消费信贷融资纠纷司法原则的落实
新型冠状病毒感染症(Covid-19病毒)疫情对经济产生了重大影响,其中之一就是消费信贷金融领域,许多债务人在分期付款方面遇到了困难,因此与金融公司发生了纠纷。其中一个案例是,在万隆市发生的两轮汽车融资贷款债务人在33期贷款中只剩下2期的情况下,由于受新冠肺炎疫情的影响而没有工作,导致每月的分期付款出现困难,债务人通过万隆市BPSK提起诉讼,但BPSK的判决被地方法院推翻。本研究探讨的问题是如何将正义理论应用于新冠肺炎疫情期间的信贷融资纠纷解决。本研究采用定性方法,结合案例方法,并将其与罗尔斯的正义理论联系起来。本研究的结果表明,司法理论在本案中的应用并没有作为法院判决的考虑因素。
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