Perlindungan Hukum terhadap Penggunaan Klausula Baku dalam Perjanjian Asuransi Kredit Berdasarkan Pasal 18 Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen

Abstract

The rapid expansion of Indonesia's credit insurance sector, driven by the rising demand for bank credit facilities, has been accompanied by a structural problem: the widespread use of standard clauses that disadvantage consumers. This article examines two central issues, namely the substance and scope of the prohibition on standard clauses under Article 18 of Law Number 8 of 1999 on Consumer Protection within credit insurance agreements, and the effectiveness of the legal protection it affords in practice. The study applies a normative legal method combining statutory, conceptual, and case approaches, with legal materials analysed qualitatively and descriptively. The findings show that, normatively, Article 18 constructs a comprehensive prohibitory system through a substantive dimension comprising seven categories of prohibited clauses and a formal dimension concerning the legibility of clauses, backed by a firm sanction of automatic nullity. In practice, however, the provision's effectiveness remains severely constrained by a persistent gap between the ideal legal order and everyday reality, produced by three mutually reinforcing factors: the still-reactive supervisory posture of the Financial Services Authority, dispute-resolution mechanisms that remain poorly accessible to consumers, and low public legal and financial literacy. The article recommends simultaneous strengthening on three fronts: normative reinforcement through the introduction of a general substantive-fairness test into consumer protection legislation, institutional reinforcement through a shift toward proactive supervision, and legal-culture reinforcement through systematic consumer empowerment.