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All Journal Mahkamah: Jurnal Riset Ilmu Hukum
Hasan, Kusman
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Bagi Nasabah dalam Perjanjian Kredit Bank Hasan, Kusman; Moonti, Roy Marthen
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.825

Abstract

Bank credit agreements are often drafted in the form of standardized clauses that are detrimental to customers because they are made unilaterally by banks without room for negotiation. This position imbalance is exacerbated by low legal literacy and information asymmetry between the two parties. This research aims to analyze the ideal form of legal protection for customers in the face of harmful standard clauses. Through a normative juridical approach and case studies, it is found that regulations such as the Consumer Protection Law and POJK have provided a legal basis, but their implementation is still weak. Ideal legal protection includes three aspects: preventive, repressive, and curative, and requires the active role of the state and OJK as supervisors. Regulatory updates, strengthened legal education, and fairer contract supervision are needed to create an equitable and inclusive financial ecosystem. Effective protection will also strengthen public confidence in the banking sector.
Co-Authors Moonti, Roy Marthen