Differences Between Commercial Contracts And Consumer Contracts

• Main Authors: Marsella Tridarani, -, Faizal Kurniawan, -
• Format: Article PeerReviewed
• Language: English; English; English
• Published: PalArch Foundation 2020
• Subjects: K Law; K Law (General)
• Online Access: https://repository.unair.ac.id/117294/1/2.%20A.pdf; https://repository.unair.ac.id/117294/3/2.%20S.pdf; https://repository.unair.ac.id/117294/7/2.%20V.pdf; https://repository.unair.ac.id/117294/; https://archives.palarch.nl/index.php/jae/article/view/913
• Institution: Universitas Airlangga

In the business law theory, business contracts can be categorized into several types; two of them that are often used daily are commercial contracts and consumer contracts. Both contracts have fundamental differences, in which the consumer party in consumer contracts is legally protected by the Law Number 8 of 1999 on Consumer Protection. This study aims to further differentiate commercial contracts and consumer contracts by writing down the characteristics and principle developments of both agreements. Moreover, the liabilities of both commercial and consumer contracts are also to be identified. This study is a qualitative study that is carried out by employing the statute approach and conceptual approach. The results disclose that the legal development of commercial and consumer contracts are distinct in the aspects of principles, regulations, and scopes; commercial contracts comprise business matters,while consumer contracts are for consumers or end-users. The liabilities of both commercial and consumer contracts can be carried out through litigation and non-litigation. However, the filing for a lawsuit and the non-litigation settlement facilities through the Consumer Dispute Settlement Agency (BPSK) are different.