This study examines legal protection for debtors in standard agreements, which often disadvantage them due to creditor dominance, despite the principle of freedom of contract. Using a normative juridical method with a literature and conceptual approach, data were obtained from the Civil Code and Consumer Protection Law. The findings indicate that debtor protection can be preventive (transparency, prohibition of unilateral clauses, supervision by the Financial Services Authority) and repressive (cancellation of harmful clauses, compensation). However, imbalanced bargaining power and weak oversight remain significant challenges. It is concluded that ensuring justice in contractual freedom requires legal literacy, revision of unfair clauses, and strict enforcement of sanctions.
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Fernanda Martinus Napitupulu
Reza Siregar
Australian National University
Roida Nababan
Universitas Sumatera Utara
Formosa Journal of Multidisciplinary Research
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Napitupulu et al. (Tue,) studied this question.
synapsesocial.com/papers/68bb5f586d6d5674bcd03744 — DOI: https://doi.org/10.55927/fjmr.v4i8.365