Detail Cantuman

Unsecured Loans make it easy for consumers to get the loan funds needed,
where banks provide funds without any collateral provided. In practice,
unsecured loans provided by banks often disputes between the creditor and the
debtor itself. Law No. 8 of 1999 concerning consumer protection in Chapter V
Article 18 criticizes standard clauses that are unilaterally made by business actors,
of course the standard clauses that are made are detrimental to the consumer as a
customer of the bank. A bank that is in fulfillment of its business has the right to
achievement required by the debtor, so that if the debtor is negligent of his
obligations the bank uses a third party (debt collector) to ask for his rights, but
sometimes violent acts occur in collecting them, which in this case causes
problems.
This study uses the normative juridical legal method, namely using the fact
approach and the approach of laws and other related regulations then analyzed
through the juridical analysis approach and normative legal methods and
supported by field data. In this study, there are 3 main issues that will be
examined. How are the legal consequences that arise if the debtor defaults, how is
the legal protection based on law No. /PDT/2018/PT.DKI is in accordance with
applicable regulations. This study aims to determine the legal consequences of
default debtors, knowing how legal protection based on consumer protection laws
for debtors who commit defaults, and knowing whether the decision of the Dki
Jakarta High Court with No. 238 / PDT / 2018 / PT.DKI is in accordance with the
regulations. applicable.
From the results of the research conducted by researchers, it shows that
Law No. 8 of 1999 concerning consumer protection has not provided full
protection in terms of the initial provision of credit facilities until if there is
default, because the bank in the event of occurrence uses the provisions of Article
1131 of the Civil Code. In the event that the decision of the DKI Jakarta High
Court with No. 238 / PDT / 2018 / PT.DKI is in accordance with the provisions.
It is recommended that the government and the public conduct socialization of the
consumer protection law. It is also hoped that judges as justice enforcers should in
deciding a case pay attention to the evidence presented by each plaintiff so that
the plaintiff is not arbitrary in prosecuting the defendant.