sepriyadi, adhan and Joni, Emirzon and Hamzah, Hamzah (2023) Development of The Default Concept Against Losses Due to Standard Agreements for Opening Banking Accounts. Fiat Justicia Jurnal Ilmu Hukum Fakultas Hukum Universitas Lampung, 17 (4). pp. 359-374. ISSN 1978-5186

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Abstract

Bank’s as commercial service providers aim, among others, to generate profits.Interms ofproviding their services they make agreements with consumers.Thereforethe basis of the bank's legal responsibility with customers is contractual responsibility and the legal basis for the customer's lawsuit against the bank is a violation of the agreement or default. A detailed distinction of responsibility is not found in the Consumer Protection Law, as is known from the relatively large number of decisions of the Consumer Dispute Settlement Body throughout Indonesia that were canceled by the Supreme Court for various reasons. In that regard, one of the reasons is that the Consumer Protection Law does not regulate the legal basis for lawsuits other than tort. This research uses a normative method that refers to Law Number 8 Year 1999 on Consumer Protection and principles as the basis for enforcingthe law. The conceptual method is used by connecting and interpreting legal principles concerningconsumer protection against unlawful acts on the principle of bank responsibility. The results of this researchindicate that there is a need for a legal conception of the development of risk-based bank responsibility principles for losses due to standard agreements in opening banking accounts as a form of consumer protection.It is also an embodiment of the Consumer Protection Law which aims to createa balance of protection of consumer interests and business actors as an effort to createa healthy economy.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: SH, MH. SEPRIYADI ADHAN S.
Date Deposited: 12 Feb 2024 06:57
Last Modified: 12 Feb 2024 06:57
URI: http://repository.lppm.unila.ac.id/id/eprint/53147

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