JURIDICAL ANALYSIS OF RAW CLAUSULA IN BANK CREDIT AGREEMENT

ANALISIS YURIDIS KLAUSULA BAKU DALAM PERJANJIAN KREDIT BANK

  • Medik Apri Permana Putra
Keywords: Against the Standard Clause of the Credit Agreement

Abstract

Currently the number of people who need credit is still far more than the amount of credit that can be offered by banks, so banks prefer to serve prospective borrowers who receive clauses that have been set by the bank without changes than serving prospective borrowers who are not willing to accept these clauses either partially or wholly. An empirical juridical approach is used in field research aimed at the use of laws relating to juridical analysis of standard clauses in credit agreements with bank guarantees. Based on the results of the discussion, the conclusion in this study is the standard clause in the credit agreement of PT. BPR Tata Dharma Artha does not contradict the principle of freedom of contract, because the law on consumer protection does not prohibit businesses or banks to make standard agreements that contain standard caususes in their credit agreements as long as they do not conflict with article 18 paragraph 1 and paragraph 2 of Law Number 18 of 1999 concerning Consumer Protection. Then in terms of creditors, the advantage is that the process of implementing credit agreements is faster, easier, simpler, and saves time, costs, and energy and the position and interests of PT. BPR Tara Dharma Artha is better protected. Meanwhile, there are no losses suffered by creditors in the form of a standard agreement in the credit agreement because the one who made the clause was PT. BPR Tara Dharma Artha.

Published
2021-07-18