PERLINDUNGAN HUKUM BAGI NASABAH TERHADAP RISIKO DALAM PERJANJIAN BANK DI INDONESIA

Abstract

This research was conducted with the aim of finding out how legal protection measures for customers (debtors) as consumers of bank service users and how the accountability of the bank in the event of risks related to bank credit agreements. By using the normative juridical research method, the credit agreement is a standard contract, where the contents or clauses of the credit agreement have been standardized and set forth in a form (blank), but are not bound in a particular form. Prospective debtor customers only need to sign if they are willing to accept the contents of the agreement, not giving the prospective debtor the opportunity to further discuss the contents or clauses submitted by the bank. Standard agreements are needed to meet practical and collective needs. At this stage the position of the prospective debtor is very weak, so that he just accepts the terms offered by the bank, because otherwise the prospective debtor will not get the credit in question. The function of the Bank is as a financial mediator that bridges the owner of funds with the people who need funds, both as depositors of funds and borrowers of funds. In the relationship between banks and customers, bank actions often occur that are detrimental to their customers, but so far, legal protection is often not maximal, because in the relationship between banks and customers, it is seen that the bank dominates in banking transactions so that sometimes it is detrimental to customers.