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Application of the Principle of Proportionality In Agreement Credit Card Use In

Commerce Transaction Payment System ( study independent bank credit card agreement
)

ABSTRACT

The purpose of this study to Assess setting rights and obligations of the parties to the agreement
of credit card usage in commercial transactions and reviewing the principles applied in the
agreement proportionality independent merchant Mandiri bank and consumer agreements with
the credit card issuer bank .
Normative research is that , with a conceptual approach (conceptual approach) , approach to
legislation , and historical approaches to achieve clarity and scientific justification based on legal
concepts that comes to the legal principles by describing the legislation as well as uncover the
philosophical and mindset who gave birth to something that is being learned about the principle
of proportionality of credit card agreements in trade transactions . Study is a Primary legal
materials containing Legislation and Secondary Legal Materials with library research ( literature
research) . Primary legal materials collection techniques , namely through legislation and
secondary legal materials through literature research ( library research ) , to the discovery of the
principles and doctrines of the law that has to do with the subject matter in this research . Data
were analyzed qualitatively using systematic thinking stages to find answers to the problems
posed in this research basing on legal theories that will ultimately provide significant and
meaningful results in the form of a real exposure .
Setting Rights and Obligations of the Parties to the Agreement Credit Card Use in Commerce
Transactions . The rights and obligations set by Bank Indonesia Regulation ( PBI ) No. 14/2 /
PBI / 2012 concerning Amendment to Bank Indonesia Regulation ( PBI ) No. 11/11 / PBI / 2009
on the Implementation of Card Payment Instruments , and Circular No. 14/17 / DASP and bank
regulation . Application of the principle of proportionality by consumer agreements and
agreements based Bank standard . that the format has been prepared by the bank in the form of
standard contract . This can be seen at the time of applying for a prospective customer to get the
form or application that contains the terms and provisions - provisions that must be met by
prospective customers , while the costs ( fees ) and interest is not listed on the form or
application . Issuer bank doesnt provide full explanation about the weaknesses of a credit card
but only explain things that benefit the credit card holder to be more interested and credit card
holder receives the agreement without a more detailed understanding of the Credit Card .
Keywords : Agreement , Credit Card , Consumer Protection .

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