Clause - Clause Not Balanced in the "Agreement Standards of Credit Bank"

Aloysius R. Entah


Raw agreements including the "Raw Bank Credit Agreement" which contains clauses that are not balanced or exoneration clauses that are not balanced, this time in Indonesia has been growing rapidly. Born and growing raw agreement is based is "The principle of freedom of contract" in the agreement, namely that basically everyone is free to make any agreement, both form and content. However, the principle of freedom of contract is restricted by the provisions should not be contrary to good faith, Law, customs, public order, decency and legal kepatutan.Perlindungan for customers / debtors in general have been regulated in Law No. 8 of 1999 on Consumer Protection and Law No. 10 of 1998 on Banking, but the enforcement of the Act still need to get better attention from the government, employers, and consumers themselves. It is hoped we can have a Baku Treaty Act in the future.

Key Words: Bank Credit Agreement, Clause unbalanced, the Law for the Protection of the Debitor / consumers.

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