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63 J.L. Pol'y & Globalization 217 (2017)
The Role of Bank Indonesia in Protecting Debtors Credits of House Ownership after the Establishment of Financial Services Authority Institution

handle is hein.journals/jawpglob63 and id is 219 raw text is: Journal of Law, Policy and Globalization wwwiuste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.63, 2017 The Role of Bank Indonesia in Protecting Debtors Credits of House Ownership After the Establishment of Financial Services Authority Institution Marwah Doctoral Student, Faculty of Law, Hasanuddin University Jl. Perintis Kemerdekaan KM. 10, Tamalanrea, Makassar, Indonesia Ahmadi Miru Professor, Faculty of Law, Hasanuddin University Jl. Perintis Kemerdekaan KM. 10, Tamalanrea, Makassar, Indonesia Anwar Borahima Professor, Faculty of Law, Hasanuddin University Jl. Perintis Kemerdekaan KM. 10, Tamalanrea, Makassar, Indonesia Nurfaidah Said Senior Lecturer, Faculty of Law, Hasanuddin University Jl. Perintis Kemerdekaan KM. 10, Tamalanrea, Makassar, Indonesia Abstract House is a basic need that plays a strategic role in the formation of character and personality of the nation. Therefore, in order to accommodate the needs of society to own a house, the banks offer housing ownership credit (KPR). The inclusion of a standard clause granting the bank the right to set interest unilaterally without notice to the customer indicates an imbalance of the parties' position in the KPR agreement. Meanwhile, regarding the interest rate, Bank Indonesia is devolved fully to the policy of each bank. This is the basis for the banks to determine the amount of interest expenses unilaterally. Yet theoretically, when interest rates fall, the interest rates on deposits and credit book rates should also decrease. This study aims to determine and analyze the role of Bank Indonesia in protecting costumer debtors of KPR. Keywords: protection, debtor, credit of house ownership. I. Introduction Credit in banking activities is the most important business activity because the largest revenue from the bank business comes from the income of the credit business activities in the form of interest and provision. The scope of credit is not only in the form of lending activities to debtor customers, but also related to the elements which include credit fund resources, fund allocation, organization and credit management, credit policy, documentation and credit administration, credit monitoring and troubled credit settlement .1 Banking activities that provide services to the economic sector certainly cannot be separated from the risks that possibly harm the parties, either the bank itself and depositors and debtors. Therefore, the bank in performing its duties related to the customer must be based on three principles, namely the fiduciary relation 2 principle, prudential principle and secrecy principle. Regarding the interest rate, Bank Indonesia (BI) is devolved fully to the policy of each bank. This is the basis for the banks to determine the amount of interest expenses unilaterally.3 Yet theoretically, when interest rates fall, the interest rates on deposits and credit book rates should also decrease.4 But in reality, although the BI rate from March 2012 to March 2017 has experienced several downturns, the bank has not been involved in lowering lending rates, including house ownership credits. The basis of consideration by the banks is the time lag of time deposits whose interest rates can not be changed at any time. As a result, credit interest rates can not be lowered in the event of a decrease in BI rate.6 Related to consumer protection of the financial services sector, particularly in the KPR Agreement, the bank's position is always assumed to be stronger than the position of the debtor in determining the terms and clauses in the Agreement. In line with this matter, Agus Yudha Hernoko expressed his view that in this context, ' Muhamad Djumhana, Hukum Perbankan di Indonesia, Bandung: Citra Aditya Bakti, 2011, p.365 2 Neni Sri Jimaniyati, Pengantar Hukum Perbankan Indonesia, Bandung: Refika Aditama, 2010, p.16 Yusuf Shofie, Perlindungan Konsumen dan Instrumen-instrumen Hukumnya, Bandung: Citra Aditya Bakti, 2009, p.57 4 Krisna Wijaya, Analisis Kebifakan Perbankan Nasional, Jakarta: Elex Media Komputindo, 2010, p.90 BI Rate Data according to Board of Governor meeting, accessed on wwboi, 7 January 2017 6 Research by the author at PT. Bank Mandiri (Persero) Tbk. Makassar Branch, August 23, 2016 217

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