Wiwik Pratiwi Fitri, Sumiati Ismail, Muhaimin

Abstract:

Article 21 and Article 22 of POJK No. 1/POJK.07/2013 concerning Consumer Protection of Financial Services Sector regulating Bank Syariah Mandiri as PUJK in using standard agreement shall fulfill the principle of equilibrium, fairness and fairness in the deed of agreement with the consumer and prepared in accordance with the legislation.

The type of this research is normative law research with departure from the existence of conflict of norm where from the rules related to standard agreement in banking with financing agreement made by Bank Mandiri Syariah is not appropriate in pelasaannya, in the provisions contained in Article 21 and Article 22 OJK Regulation Number 1/POJK.07/2013 and OJK Circular Letter Number 13 / SEOJK.07 / 2014 still deviate from the financing agreement in Bank Mandiri Syariah.

The results of this study indicate that the application of standard agreements on financing contracts conducted by Bank Syariah Mandiri not fully comply with the provisions of Article 21 and Article 22 POJK Number 1/POJK.07/2013 on Consumer Protection of Financial Services Sector seen from the existence of several clauses that have not fulfilled the principle of equilibrium and justice and there are still exoneration clauses and / or transfer of responsibilities set forth in the sharia bank financing contract. The legal consequences for Bank Mandiri Syariah for violations of Article 21 and Article 22 of POJK Number 1/POJK.07/2013 in the standard agreement may be subject to sanctions in the form of administrative sanctions such as written warnings, fines namely the obligation to pay a certain amount of money, restrictions on business activities, business activities, including up to the revocation of business activity permits.

Keywords: article 21 and article 22, standard agreement, Bank Syariah Mandiri

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