Perlindungan Hukum Terhadap Kreditur Dalam Perjanjian Kredit Tanpa Agunan

Abstract

In Indonesia, the role of banks as a source of financing for the business world is still very dominant. Banks as one of the financial institutions are present in the midst of the community to channel funds collected from the community and returned to the public in the form of credit. A credit card is a cash payment replacement instrument that can be used by consumers to exchange goods and services that they want in places that can receive payments using a credit card. The meaning of credit cards in article 1 number 4 Bank Indonesia Regulation Number 7/52 / PBI / 2005 as amended by Bank Indonesia Regulation Number 10/8 / PBI / 2008 concerning the Implementation of Card-Based Payment Instrument Activities. Unsecured loan agreements sometimes result in material losses for creditors when debtors who still have debts choose to flee. Material losses incurred by the creditor due to the creditor does not hold objects or goods that are guaranteed to the creditor. Unsecured Loan Agreement is a credit agreement where the creditor does not have collateral. If you look at the Civil Code it does not regulate specifically regarding unsecured loan agreements. But basically the loan agreement without collateral is the same as the other agreements stipulated in article 1131 and article 1132 of the Civil Code. In addition to the Civil Code, loan agreements without collateral are also regulated in Bank Indonesia Regulation No. 3/23 / PBII2001. Loan agreement without collateral is an agreement that provides high risk of doubtfulness for creditors. This is because the creditor does not hold the object guaranteed by the debtor. Therefore, Bank Indonesia gives creditors the freedom to explore, or get to know debtors more deeply as a form of legal protection given by the government to creditors. In addition, the creditor as the giver of credit without being able to make a default lawsuit against the debtor, when the debtor does not meet his performance. By filing a lawsuit to the state court, the creditor can receive his achievements proportionally by means of the debtor's private property auction conducted by the curator based on the judge's decision. Keyword : Agreement; Unsecured Credit.