PELAKSANAAN PENGAWASAN OLEH OTORITAS JASA KEUANGAN TERHADAP PERJANJIAN PEMBIAYAAN KONSUMEN

M ILHAMI, AFLAH ARLYM (2015) PELAKSANAAN PENGAWASAN OLEH OTORITAS JASA KEUANGAN TERHADAP PERJANJIAN PEMBIAYAAN KONSUMEN. Diploma thesis, UNIVERSITAS ANDALAS.

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Abstract

Consumer finance Agreement is an agreement between consumer finance companies as creditors and the debtor as a consumer. Consumer finance agreement is an agreement which is not provided for in the legislation of civil law so that pertained to the agreement was not named. The form of this agreement was made unilaterally by consumer finance companies so that this Agreement is a standard contract. With respect to the enactment of the Financial Services Authority Regulation number 1/POJK. 07/2013 about consumer protection in the Financial Services Sector, the Financial Services Authority (FSA) has issued guidelines for customizing the default clause in the agreement that are set in the raw Article 21 and article 22 on the POJK, through the Financial Services Authority Circular No. 13/07/2014. SEOJK about the standard contract. For it is certainly required supervision by those Circulars to FSA immediately implemented by the financial services trade especially in consumer finance companies. Based on the above, the purpose of the writing of this law is to know how the implementation of oversight by the financial services authority on consumer finance agreement, to find out the balance of the rights of the parties to the agreement and to know the constraints faced in the implementation of the supervision. This research uses the sosio-legal research methods. The nature of this research is descriptive. The technique of data collection in this research is to study the literature and interviews. From the research that has been done, the issues discussed can be known i.e. (1) implementation of supervision by the financial services authority consumer financing agreement yet to implemented by the watchdog in the rules is still FSA since new and has not been implemented effectively. (2) The balance of the rights of the parties to the agreement meaningful consumer finance the balance of the position of the parties in contracts. In the event of unbalance position arising from the disruption of the contents of the contract required the intervention of certain authorities (Government). If it does not satisfy the rights and obligations of the parties, a just and reasonableness is by agreement in making financing FSA consumers then will provide a legal consequence, namely the agreement annulled by law, meaning that from the beginning of the Agreement is considered to be non-existent. (3) The constraints faced in the implementation of supervision by consumer finance agreement against FSA is FSA until recently haven't been conducting supervision of consumer finance agreement. Supervision has not been fulfilled because the regulation is still new, so the legislation has not yet been effectively held by the load and the number of supervision by FSA. From the explanation the authors have pointed out in this thesis, the financial services authority should improve its performance in doing the task setting and supervision of the activities of the financial services sector. The consumer finance companies and other financial services Trade in General should enhance understanding of Regulation and active FSA adjust their activities with other provisions issued by FSA. Keywords : Financial Services Authority (FSA), Consumer Finance Agreement

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