Yustisia Jurnal Hukum - Vol. 12 No. 2 (August 2023) 153 - 167
Enhancing Consumer Protection in the Indonesian Finan-
cial Service Sector through the Utilization of Standardized
Contracts
Lastuti Abubakar
1
; Tri Handayani
2
1,2
Faculty of Law, Universitas Padjadjaran
Corresponding author’s email: lastuti.abubakar@unpad.ac.id
Article Information Abstract
Submitted : May 15, 2022 The Financial Services Sector is a pioneer in developing standard
Reviewed : October 27, 2022 contract regulations. This standard contract complements
Revised : November 15, 2022 Contract Law that did not initially regulate standard contracts.
Accepted : February 10, 2023 This study aims to analyze the development of standard contract
regulation in the Indonesian financial services sector. It examines
Keywords: consumer protection;
financial service sector; standard
contract
Doi: 10.20961/yustisia.
v12i2.61271
aspects that require strengthening so that standard contracts
can become a protecting consumer tool in the financial services
sector. This study uses a normative juridical approach with a
descriptive-analytical research specification. The results show
that: 1) The development of standard contract regulations in
the POJK on Consumer Protection used by Financial Service
Business Actors (PUJK) contains the principles and prohibitions
on including exoneration clauses and undue influence. This
provision fills the legal vacuum regarding standard contracts that
still refer to the freedom of contract principle and Book III of the
Civil Code and other related regulations. The use of the standard
contracts encourages PUJK to comprehend the importance of
consumer protection; 2) OJK should strengthen regulatory
aspects by issuing guidelines on standard contract formats and
contain correct interpretations of the scope of undue influence
and supervise the standards contract both directly and indirectly
that have been implemented by PUJK.
I. Introduction
A contract is a form of written agreement (I Gst. Agung Rio Diputra, 2018) that is
commonly used in practice it is based on freedom of contract that has been recognized
as a ‘general principle of civil law’ (Irakli, 2017). This written contract or agreement is
one of the forms of agreement made by the parties besides the unwritten form (oral)
and electronic form as the development of electronic-based forms of agreement (Lastuti
Yustisia Volume 12 Number 2 (August 2023) Enhancing Consumer Protection in the.... 153
©Authors 2023: This is an Open Access Research distributed under the term of the Creative Commons
Attribution Licencee (https://Creativecommons.org/licences/by/4.0), which permits unrestricted use,
distribution, and reproduction in any medium, provided the original works is properly cited