Development of The Default Concept Against Losses Due to Standard Agreements for Opening Banking Accounts

Abstract

Bank’s as commercial service providers aim, among others, to generate profits. In terms of providing their services they make agreements with consumers. Therefore the 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 enforcing the law. The conceptual method is used by connecting and interpreting legal principles concerning consumer protection against unlawful acts on the principle of bank responsibility. The results of this research indicate 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 create a balance of protection of consumer interests and business actors as an effort to create a healthy economy.