ANALISIS YURIDIS NORMATIF TERHADAP ASAS ITIKAD BAIK DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DITINJAU DARI POJK NO. 35/POJK.05/2018

Consumer financing agreements are innominate agreements that are rapidly developing in the financial services sector and are generally drafted in the form of standard clauses by financing companies, thus potentially creating an imbalance in the position between business actors and consumers. This study aims to analyze how consumer financing agreements should be drafted to align with the principle of good faith and examine the form of legal protection for consumers when standard clauses in financing agreements conflict with the principle of good faith. The research method used is normative legal research with a statutory approach and a conceptual approach through a literature study of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Financial Services Authority Regulation Number 35/POJK.05/2018, and legal doctrine, especially the theory of the principle of good faith according to Ridwan Khairandy. The results of the study indicate that the principle of good faith as interpreted in Article 1338 paragraph (3) of the Civil Code requires honesty, propriety, transparency, proportionality, and a balance of rights and obligations in all stages of consumer financing agreements. However, POJK No. 35/POJK.05/2018 does not explicitly establish the principle of good faith as a substantive parameter in the regulation of standard clauses, particularly regarding restrictions on fines and sanctions. Therefore, legal protection for consumers is realized through the provisions of the Consumer Protection Law and the corrective role of judges, thus requiring explicit strengthening of the principle of good faith in financing regulations to achieve substantive justice for consumers.