Mid Test of Future Law

This is my legal opinion about the lawsuit that submitted by Ms. Rosemary Theme Pepper as my
client that was unhappy because of the bad service of the Only Theory as the clothing rental
franchise. As a result of our discussion, I have to make a legal opinion, with hope it can solve the
problem from both parties.

CASE BRIEF:

a. Ms. Rosemary Theme Pepper will have to attend one of her high school friend’s wedding
which will fall on the 20th of July 2019 and she want to look dazzling.
b. After that, she found a clothing rental company called “Only Theory” that provides
everything from work attire to party gowns.
c. Because of the whole business model seems to be very promising, she signed up and paid
for the subscription price of Rp. 990.000,- per month on the 21st of June 2019.
d. Three weeks prior to the wedding, Rose started monitoring on whether the dress was
available. Upon checking, she found out that the clothes was not rented anymore but it is
in “Dry Cleaning” (because Dry Cleaning service is included in Only Theory’s package).
After that, she sent an e-mail inquiring about the duration of the dry cleaning process.

PROBLEMS in LEGAL OPINION

a. Ms. Rosemary Theme Pepper wants to cancel her subscription because she feels
disappointed with the service of only theory. It is said that she wants the clothes will be in
hand after dry cleaning in 2 or 4 working days. Even already in a week, she still see the
statue of the clothes that she wants"Still in laundry " in the application. Then she emails
about her confusion.

b. The email said “ If you still have a box that has not been dropped or picked up within 3
working days before the subscription expires then it will be automatically stopped by the
“Only Theory” clothing rental, and we can terminate the subscription within the pick up
time 3 days before the expiration of the subscription period”.

c. She wants to return that box on Monday (as per email of them, it's safe because the latest
of the returned is on Tuesday and can end the subscription afterwards while they picked
up the box).
 d. But the “Only Theory” party said before 3 days business days we cannot cancel the
subscription.

LEGAL BASES AND LEGISLATION RELATED TO THE ISSUE

a. Article 1338 of the Law of the Civil Code (KUHPER), All agreements made legally valid
as laws for those who make it. A treaty cannot be withdrawn other than by agreeing to
both parties, or for the reasons for which the law is reasonably stated.
b. Article 1320 Civil Code
Determining the four conditions of the agreement should exist:
1. Agreement of both parties.
The intention of the agreed word is that the two parties who make the agreement agree on
the subject matter of the contract. In its form, the Covenant is a sequence of words
containing promises or capacities that are spoken or written. The alliance is a legal
relationship between two persons or two parties, based on which the other party has the
right to claim something from the other party, and the other party is obliged to fulfill the
claim. The legal relationship between the Alliance and the Agreement is that the Treaty
publishes the Alliance. The agreement is a source of alliance. It is clear, that the law of
the Covenant should not be made by force to one or both parties.

2. Skills for legal action

The competent principle of doing legal action, is everyone who is grown and healthy in
mind. The provisions are mature, there are some opinions, according to Civil Code, adult
is 21 years for men, and 19 years for women. Meanwhile, according to LAW No. 1 of
1974 on marriage, adults are those who are 19 years old for men and 16 years old for
women. However, when referring to civil code, those who are considered capable are 21
years old for men and 18 for women. Although the marriage law is set to the age below.
The legal reference we use is Civil Code because it applies generally.

3. The object (something that is promised in a covenant must be a clear matter or item).
Meaning the object being arranged contracts should be clear, at least can be determined.
So, should not be vague. It is important to provide assurance or assurance to the parties
and to prevent the occurrence of fictionalized contracts
4. Halal Cause,

A treaty that does not use a lawful cause, or is made with a false or forbidden cause, has
no legal force. Suppose a drug buying or sell black market stuff.

c. Article 1754 of the Law of the Civil Code (KUHPER), borrowing is an agreement with
which the other party provides a certain amount of goods to the other party, provided that
the other party will return the same amount Of the same type and quality as well as what
he borrowed.

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 d. Law No. 8 year 1999 on Consumer protection Article 60 and furthermore about sanction
and penalty

LEGAL ANALYSIS AND LEGAL OPINION

I will make a legal opinion according to what I have previously research on this issue and in
accordance with the article I have listed earlier in the previous section:

a. Based on article 1338 on the civil code stated that: all of the agreement that already
binding both of the parties it will binding the law also and they have to do all of the right
and obligation. In this case, what Ms. Rosemary does is that he does not read in advance
what is contained in the Terms and conditions already listed there, but it is directly
accepted by him. It is not said that should be 3 days before the refund there, or the stop
subscription must be 3 days in advance and others but at least when we read, we can
refute the words of the business actors who try to cheat We. Also its business actors do
not explain in his Terms and Condition as well, which in the end makes confusion than
the consumer itself. So that businesses cannot and immediately say things that are not
listed in Terms and conditions.

b. In the Article 1320 Civil Code from The first to the third was all none were violated, and
these three conditions were fulfilled. If the fourth condition is said to be lawful. It is
obvious that this item can be traded and can also be lent and not against any of the laws
in Indonesia. Because in the Terms and Condition listed in the Only Theory that if you
want to be sued, the arbitration that can be completed is Singapore or another country
where is the Only Theory located.

c. Based on article 1754 of Civil Code stated that: Borrowing is an agreement with which
the other party provides a certain amount of goods to the other party, provided that the
other party will return the same amount Of the same type and quality as well as what he
borrowed.

d. In the article 60 Law No. 8 year 1999 on Consumer protection stated about the sanction
and penalty.

CONCLUSION

In my opinion, the conclusion of this legal opinion is that business people must facilitate
consumers for their convenience by providing clear information in terms and conditions and
intended for consumers because that is the obligation of business actors and consumer rights. So
that there is no need to confuse consumers and ultimately feel disadvantaged. And for

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consumers, it is very important for us to understand the law regarding borrowing and lending
contracts.

SUGGESTION

The advice that I can give in this case is they should make a mediation effort first, so know each
other's mistakes and expect the problem will not be extended. But if both sides no one wants to
make peace, then it is forced to put on my second suggestion that it must be brought to the
arbitral institution so that it can be decided which one wins and which the defeated party. The
thing that I do not recommend to be brought to the court is the first one is a small case and it is
very easy also to be resolved and do not have to be brought to the court and other things.