Efektivitas Penerapan Pasal 18 Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Terhadap Klausula Eksonerasi dalam Melindungi Debitur di PT. Bank Rakyat Indonesia (Persero) Cabang Ngawi

Oleh :
Dini Sukma Listyana - 197910142003121001 - Fak. Hukum

This article aimed to study the effectiveness of the implementation of Article 18 of Law Number 8 of 1999
about Consumer Protection (UUPK) against Exoneration Clause in banking loan agreement aiming to
protect the debtor. The inclusion of unilateral clause by the creditor in standard contract result in imbalance
of position between the parties because creditor has higher economic position as fund provider compared
with debtor as the one needing fund. For that reason, there should be a law protection for the debtor
against exoneration clause in standard contract in the implementation of loan agreement to achieve the
balance position between debtor and creditor.This study employed a normative-empirical (applied law
research) law research method in an evaluative research method with descriptive research nature. This
research employed a qualitative method with primary data source and secondary data source including
primary, secondary and tertiary law materials. Techniques of collecting data used were interview and
supporting document study.The article showed that to anticipate the violation against Article 18 of UUPK
included in Standard Contract of BRI was governed in Law Division’s Letter to BRI Selindo No. B245-
SIU/SPH/HKM/09/2000 dated on October 3, 2000 about Law No.8 of 1999 about Consumer Protection.
Considering the result of the research, it could be found that the law protection for the debtor after the
enactment of UUPK was conducted by preventive measures before the debtor and Ngawi Branch of
PT. Bank Rakyat Indonesia (Persero) entered into a loan agreement and by imposing criminal, civil
education and awareness of law were low. Although in loan agreement, the public was considered as
understanding the law because of high demand for loaning fund for their survival. For that reason, the
implementation of Article 18 of UUPK against exoneration clause was less effective in protecting the
debtor in Ngawi Branch of PT. Bank Rakyat Indonesia (Persero).
Keywords: Consumer Protection, Exoneration Clause, Loan Agreement