"[
ABSTRAKMasyarakat sering memanfaatkan jasa perbankan maka banyak hubungan yang
terjadi antara masyarakat dan bank dengan perjanjian tertulis atau tidak tertulis.
Namun nasabah atau calon nasabah tidak selalu memperhatikan klausula di dalam
perjanjian tersebut telah ditetapkan terlebih dahulu oleh Bank. UUPK telah
mengatur larangan penggunaan klausula tertentu di dalam perjanjian nasabah dan
bank, tapi dalam prakteknya terdapat Bank yang mencantumkan klausula baku
seperti melepas tanggungjawab atas kerugian yang dialami nasabah saat sedang
atau setelah memanfaatkan jasa perbankan. Bank tidak bisa berlindung dengan
perjanjian baku yang telah dibuat sebelumnya apabila klausula perjanjian tersebut
mencantumkan hal-hal yang dilarang untuk dicantumkan oleh UUPK.
ABSTRACTPeople often using banking services, therefore lots of relations happen between
individuals and banks, either in the form of written agreement or unwritten consent.
However, customers or prospects are not always aware of the contents in the agreement
whereas the clauses has already been provisioned by the bank. UUPK prohibits the usage
of such particular clause in the mentioned above agreement, in common practice, there
are banks that include prohibited clauses. One of the clause that is prohibited by UUPK
to be included in the bank-customer agreement is ?bank is not responsible for customer?s
loss while and/or after using the bank?s services?. In fact, Bank that cause loss to
customers has to be responsible for customer?s loss and can not protect itself using the
standard clauses that has been made before by the bank, if such clauses are prohibited by
UUPK to be included in the bank-customers agreement.;People often using banking services, therefore lots of relations happen between
individuals and banks, either in the form of written agreement or unwritten consent.
However, customers or prospects are not always aware of the contents in the agreement
whereas the clauses has already been provisioned by the bank. UUPK prohibits the usage
of such particular clause in the mentioned above agreement, in common practice, there
are banks that include prohibited clauses. One of the clause that is prohibited by UUPK
to be included in the bank-customer agreement is ?bank is not responsible for customer?s
loss while and/or after using the bank?s services?. In fact, Bank that cause loss to
customers has to be responsible for customer?s loss and can not protect itself using the
standard clauses that has been made before by the bank, if such clauses are prohibited by
UUPK to be included in the bank-customers agreement., People often using banking services, therefore lots of relations happen between
individuals and banks, either in the form of written agreement or unwritten consent.
However, customers or prospects are not always aware of the contents in the agreement
whereas the clauses has already been provisioned by the bank. UUPK prohibits the usage
of such particular clause in the mentioned above agreement, in common practice, there
are banks that include prohibited clauses. One of the clause that is prohibited by UUPK
to be included in the bank-customer agreement is “bank is not responsible for customer’s
loss while and/or after using the bank’s services”. In fact, Bank that cause loss to
customers has to be responsible for customer’s loss and can not protect itself using the
standard clauses that has been made before by the bank, if such clauses are prohibited by
UUPK to be included in the bank-customers agreement.]"
