Abstract
Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection. The research is a juridical empirical. The location is on PT. Bank Negara Indonesia in Denpasar city. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory. The result shows that the implementation of the provision tends to protect the bank as businesses. Moreover, the legal consequence of Bank BNI’s credit contract which does not meet the provision will result in null and void.
Highlights
In the progression, credit has provided various conveniences in economic traffic both in rural and urban area, in trading, transportation, business development, housing and settlement construction and in capital market traffic
This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection
Type of research being used in this thesis is juridical empirical that is in studying the issue, the author is guided by the provisions of laws and regulations related to problem formulation being raised which later is associated with the facts in society through research in the field which takes location at PT
Summary
Credit has provided various conveniences in economic traffic both in rural and urban area, in trading, transportation, business development, housing and settlement construction and in capital market traffic. Credit has a very important role in economic development since credit is a development support and the veins for entrepreneurs. Any individual or enterprise who attempts to increase consumptive and productive needs badly needs funding and one of them from credit considering the capital owned by enterprise or individual usually incapable to support his business development (Subekti, 1991). Among others is the presence of credit agreement or bank financing which is as a standard contract. In terms of form, bank credit agreement in general uses the form of standard contract. Standard contract is the agreement which its clauses is standardized by its users and other parties, basically it does not have a chance to be negotiated or amended (Kristiyanti, 2019)
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