PERLINDUNGAN HUKUM BAGI DEBITUR PADA PERJANJIAN KREDIT PERBANKAN YANG BERKLAUSULA BAKU DITINJAU DARI ASAS IKTIKAD BAIK

n the banking sector, there is a term known as standard clauses, which may be
used as long as they do not conflict with the provisions stipulated in Law No. 8 of
1999 on Consumer Protection. This law regulates the standard clauses included in
banking credit agreements and financial institutions. However, there are still cases
where these standard clauses are misused in a burdensome manner. The issue
addressed is the legal protection for debtors in banking credit agreements
containing standard clauses, viewed from the perspective of the principle of good
faith. In banking practice, standard clauses are often unilaterally drafted by the
bank without providing sufficient negotiation space for the debtor. This may lead
to an imbalance in the legal standing between the creditor and the debtor and can
cause losses to the debtor if the clauses are burdensome. This study uses a
normative juridical method with a legislative and conceptual approach. The results
indicate that standard clauses not based on the principle of good faith may neglect
the rights of debtors as consumers, thus requiring strong legal protection as
regulated in Law No. 8 of 1999 on Consumer Protection and Law No. 4 of 2023 on
Banking. The principle of good faith is a fundamental principle that must be applied
in every agreement to ensure justice and legal certainty for all parties involved.