Abstract
The treaty law is an open system with the principle of freedom of contract as stipulated in Article 1338 paragraph (1) of BW. The freedom provides an opportunity for all parties, including banks to make an agreement in the form of standaard. This standaard agreement is burdensome because there is no bargaining position between the community as a debtor customer with the bank as a creditor. However, such agreement continues in the banking practice. The purpose of this study is to find the factors influencing standaard bank credit agreement on the distribution of credit to the community based on the value of justice. This research uses normative juridical method, with primary-secondary data from the library research. As a result, the bank credit agreement in the form of standaard is still not based on the value of justice because the content is determined unilaterally by the bank, where the debtor's customer does not have bargaining position on some form of agreement used by the bank; application credit agreement and bookkeeping requirements; cash bookkeeping requirements; Deposit book-entry application; application agreement of remittance. In addition, it still has delicacy on the bank credit agreements which are limited by the Banking Act and the Decree, Regulation and Circular of Bank of Indonesia. The legal provision generates the prudent principle of extending the credit to the community, which is famous for the 5 C's (Character, Capacity, Capital, Collateral, Condition). Meanwhile, the Bank Indonesia Regulation stipulates regulation relating to the regulations, prohibitions, institutions, guarantees, and execution of the guarantee objects.
Highlights
The purpose of this study is to find the factors influencing standaard bank credit agreement on the distribution of credit to the community based on the value of justice
The bank credit agreement in the form of standaard is still not based on the value of justice because the content is determined unilaterally by the bank, where the debtor's customer does not have bargaining position on some form of agreement used by the bank; application credit agreement and bookkeeping requirements; cash bookkeeping requirements; Deposit book-entry application; application agreement of remittance
One of the form of agreement is a standaard form, which is an agreement made by one-sided and the other side merely accepts the contents. This agreement is laden with irregularities including bank credit agreements made in default by the bank, because the customer can not participate in determining the contents
Summary
One of the form of agreement is a standaard form, which is an agreement made by one-sided and the other side merely accepts the contents This agreement is laden with irregularities including bank credit agreements made in default by the bank, because the customer can not participate in determining the contents. They tend to be passive and will only reveal the difficulty when the bank asks for it Based on both studies, it is clear that the breach of contract occurs due to low awareness of the legal customer caused by low formal education and in turn, it causes the difficulties in the process of interpretation of the agreement substance. The purpose of this study is to find the factors that influence the credit agreement of the bank in the form of standaard in lending to the community has not based on the value of justice. For the secondary-primary is in the form of legislation while the secondary-secondary is doctrines which are in books or research results, and the secondary-tertiary is in form of dictionaries or bibliographies
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
