Penerapan Klausula Baku dalam Perjanjian Pembukaan Rekening di Bank Umum Menurut Undang-Undang Nomor 8 Tahun 1999 dan Peraturan Otoritas Jasa Keuangan Nomor 6/POJK.07/2022 (Studi pada Beberapa Bank di Kota Medan)

Abstract

The use of standard contracts is very common in this era of globalization, one of which is in the agreement of opening a bank account. As to the use of the standard clauses in the bank account opening agreement is for reasons of efficiency, but the bank should adjust the standard clauses to the laws and pay attention to the rights of the customer as a consumer in order to avoid losses. The purpose of this thesis is to find out and identify the implementation of standard clauses in bank account opening agreements, legal consequences for the implementation of standard clauses in bank account opening agreements, and legal protection forms provided to customers regarding the implementation of standard clauses in account opening agreements at some public banks in Medan City. The research method used in this thesis was a normative juridical method with purposive sampling, data were collected by means of literature review and field research, and it used a deductive conclusion method. According to the research, there were several public banks in Medan city that included standard clauses in account opening agreements which potentially harmed customers and did not conform to Law Number 8/1999 and POJK Number 6/POJK.07/2022, namely the account opening agreements of Bank Negara Indonesia, Bank Mandiri, Bank Central Asia, Bank Tabungan Negara, Bank Syariah Indonesia, CIMB Niaga, Bank Panin and Bank Mega. The legal consequences for the implementation of standard clauses were null and void and had to be adjusted to statutory laws. The legal protection provided to customers consisted of preventive and repressive legal protection. Preventive protection was contained in Law Number 8/1999 and POJK Number 6/POJK.07/2022 and through the supervision and guidance carried out by OJK, BPSK and LPKSM. Meanwhile, the repressive protection was in form of dispute resolution through BPSK, LAPS SJK, and the Court.