Bank Credit Agreement Research Articles

Mortgage Encumbrance of Ships in Bank Credit Agreements Reviewed From Legal Certainty

The bank when granting or disbursing credit is usually preceded by an agreement called a draft loan agreement. In the credit agreement, collateral is included, as a guarantee when repaying credit if the debtor defaults. In banking practice, especially credit problems, various collateral institutions are known, each of which has different characteristics. Meanwhile, in terms of objects, there are collateral institutions that own movable and inanimate objects. The formulation of the problem in this paper is How is the encumbrance of ship mortgages in bank credit agreements viewed from the perspective of legal justice? The type of research used in this research is normative law. Procedures for encumbering mortgages on ships in bank credit agreements registered holders and registrars review the completeness of administration in less than 5 (five) days from the time the application documents have been summarized. Vessels that have been entered in the shipping list as well as other vessels in process and parts of such vessels can be granted mortgage rights.

ANALISIS YURIDIS KEABSAHAN PERJANJIAN KREDIT BANK OLEH NASABAH YANG DENGAN OBJEK HARTA BERSAMA DALAM PERKAWINAN

The discussion related to bank credit problems cannot be denied that there are urgent matters that can be considered disturbing for the bank as a creditor, one of which is related to the impact of divorce which certainly causes problems in terms of implementing the credit agreement system made. In several previous studies, it was found that after a divorce, customers face unfavorable financial conditions, so in the end they experience problem loans because the object of credit is joint property. Spouses who have divorced and are entitled to gono-gini property, often have disputes about this. However, the wishes of each party are usually contrary to the laws applicable to the divided gono-gini property. The purpose of this study is to analyze the juridical joint property with the marriage Agreement and analyze the validity of Bank Credit Agreements by customers who are bound by marital Status with the object of joint property.

Pertanggungjawaban Hukum dalam Perjanjian Kredit Perbankan terhadap Debitur Wanprestasi

Humans are social creatures who depend on mutual assistance to achieve their goals. Effective communication is essential to convey one's thoughts and emotions to others. Relationships can also form between individuals and financial institutions such as banks, where individuals have the opportunity to request loans and credit. However, borrowers often fail to fulfill their obligations and as a result face fines for late payments. The lack of self-confidence resulting from these lies makes it more difficult for a person to face the legal consequences of their actions. This investigation focuses on the legal consequences of bank credit agreements and the legal obligations that arise if the debtor fails to pay. This article seeks to provide a thoughtful explanation of the procedures required in recovering a failed debit transaction and the legal obligations that arise as a consequence. The research methodology used is a combination of a normative juridical approach and descriptive elements. The findings of this research are based on legal interpretations of banking laws and the legal responsibilities involved in resolving issues related to failed debit card payments. Mediation is an alternative to direct negotiations between disputing parties, which aims to facilitate resolution. If the mediation process is unsuccessful in resolving the dispute, the next action is to hand the case over to a judge to be resolved according to the agreement between the parties.

Penyelesaian Kredit dari Debitur Yang Meninggal Dunia Dengan Klaim Asuransi Jiwa

Collateral and insurance agreements are usually included with credit agreements. Banks can use this insurance agreement to transfer risk, especially life insurance if the debtor dies. If the debtor dies before paying off the remaining credit, the credit can also fall to his heirs. The purpose of this article is to study the legal consequences of a Bank Credit Agreement if the Debtor Dies and the Insurance Party's responsibilities regarding the Bank Credit Agreement if the Debtor Dies. This normative research uses a statutory and conceptual approach. The research results show that if the debtor dies, the credit agreement law cancels the credit because of the life insurance or life insurance clause. In other words, the insurance company must be responsible for paying off the remaining debt of the deceased debtor in accordance with the terms and conditions stated in the policy. In conclusion, the parties must understand the contents of the credit agreement well so that they know how to pay the debtor's remaining debt if this risk occurs.

PERLINDUNGAN HUKUM KREDITUR ATAS SURAT KETERANGAN NOTARIS/COVERNOTE TERHADAP PROSES PENCAIRAN KREDIT

Problems in making a Covernote by a Notary in relation to credit disbursement and regarding the strength of the evidence if the disbursed credit is defaulted at a later date. This thesis research aims to analyze the responsibility of a notary in a notary's certificate/Covernote regarding the credit disbursement process. As well as creditor legal protection for a notary/Covernote statement regarding the credit disbursement process. The method used is the normative juridical research method by examining literature or secondary data alone, and by using the deductive thinking method, namely the way of thinking in drawing conclusions drawn then recommending suggestions. The theory used in this paper uses the theory of responsibility and the theory of legal protection. From the results of the study it was concluded that the legal responsibility of a notary in issuing a Covernote to issue a Covernote that he made does not have binding legal force in the Notary Office Act if a default debtor customer occurs. Covernote does not have binding and perfect legal force, so there must be legal protection for creditors. Collateral is a preventive means of legal protection. Because the collateral binding is not perfect, that Covernote can in fact be used as the basis for disbursing credit in a bank credit agreement with all elements, the principle of prudence, the existence of a credit agreement, the existence of collateral/collateral on credit, a sense of trust from the bank in disbursing credit because according to the bank complies with the provisions of the Law of the Republic of Indonesia Number 7 of 1992 concerning Banking. Creditor legal protection is based on the provisions of Articles 1131 and 1132 of the Civil Code. It is hoped that the Government will make laws and regulations related to Covernotes regarding the provisions of one article in regulations per law, especially the Notary Office Law. It is better for creditors/banks to pay attention to the principle of prudence in the process of granting credit by not using Covernotes as the basis for disbursing credit

Legal Protection of Bank Customer Regarding Bank Credit Agreements According to the Consumer Protection Law

The main objective of the research is to find out, describe and analyze whether the standard clauses in Rural Bank credit agreements (BPR) reflect the credit agreement and do not conflict with the principles of freedom of contract and the principle of balance as well as the impact of implementing standard clauses in Rural Bank credit agreements and legal protection. against customers who are harmed by the application of the standard clause. The research results reveal that the application of standard clauses in BPR credit agreements has fulfilled the principles of freedom of contract, balance and the principle of consensualism because in their application they still open up room for negotiation with customers so that an agreement is reached. The impact of implementing the standard clauses of Rural Bank credit agreements on customers' rights as consumers is that customers do not have room to defend their rights or to file complaints due to the application of standard clauses which are detrimental or burdensome, especially with the "take it or leave it" analogy to the terms. - conditions determined by the bank, which include the bank's authority to unilaterally at any time without any reason and without prior notice terminate the credit withdrawal permit. In the case of sales of collateral whose credit is bad, the BPR has the authority to unilaterally determine the selling price of the collateral. Legal protection for customers who are harmed by the application of standard clauses in credit agreements is the customer or consumer. The customer can apply to the BPR according to the protection provided by Article 19 of the Consumer Protection Law

Jaminan Kredit Pada Perjanjian Kredit Sindikasi

Credit Guarantee in the Syndicated Bank Credit Agreement is the most important guarantee in the Syndicated Credit Agreement which is the main discussion in this Legal Writing. The method that the author uses in this legal research is normative juridical, where the documents used as guidelines in the preparation are primary legal documents and secondary legal documents. The Credit Guarantee in the Syndicated Credit Agreement that I will use is a credit guarantee with concession rights which includes toll road concession revenues, escrow accounts, and insurance claims. The Credit Guarantee is important to cover or guarantee the Creditors in the Syndicated Bank in the event of a default or bad credit or default from the Debtor. Collateral as regulated in Law number 7 of 1992 concerning Banking as amended by Law number 10 of 1998 concerning Amendments to Law number 7 of 1992 concerning Banking, guarantee is defined as "faith in faith and ability and ability of the customer or debtor to pay off the debt or return the financing as agreed. Credit guarantees (debts) as regulated in article 1131 of the Civil Code are "all objects of the debtor, both movable and immovable, both existing and those that will exist in the future, become dependents for all individual engagements". The credit guarantee that will be discussed in this legal writing is the credit guarantee in the Syndicate Credit Agreement or syndicate loan in the form of concessions. Concession is the granting of rights, permits, or land by the Government, companies, individuals, or other legal entities. The granting of concession rights is generally applied to the development of partnerships between the government and the private sector. Syndicated credit is one of the types of credit, but the difference in Syndicated Loans is related to the number of creditors. In the Syndicated Credit Agreement, the creditor is more than one creditor. The discussion of Syndicated Credit Guarantee that will be discussed in this legal writing is the Credit Guarantee in the Syndicated Credit Agreement between PT. JJP with PT. BNI Bank, PT. Bank Mandiri, PT. Bank BRI and PT. Bank BPD Central Java in terms of the construction of the Semarang Toll Road. The object of the Credit Guarantee in the Syndicated Credit Agreement in the form of Concession Rights which is not a fiduciary or mortgage must be made in the agreement related to the risks that will occur as a result of the syndicated credit agreement, especially on the guarantee so that no party is harmed from the syndicated credit agreement and development can run smoothly. In this regard, the Government should always be innovative towards legal regulations in line with development progress so that they do not become legal problems in the future.

The Legal Consequences of Debtor Transfer Carried out under the Agreement, House Ownership Loans

Mortgage agreements often find cases, including the transfer of rights to the mortgage object, namely the house, which is carried out under the hands of the debtor to another party before the mortgage is paid off without the knowledge of the bank. This research aims to examine the validity of the house sale and purchase agreement on house ownership loans (KPR), through the debtor transfer process and to examine the legal consequences of the transfer of debtors carried out under the hands of a mortgage agreement, and also to examine the efforts have been taken by the bank to overcome it. This research used normative legal research. The results of this research showed that the transfer of debtors in general can occur with the knowledge of the bank and without the knowledge of the bank (under the hands). It can be concluded that the debtor transfer process is a form of sale and purchase agreement made between the old debtor, who is still bound by the bank credit agreement, and the new debtor. The process of transferring debtors legally must be carried out between three parties, namely the bank, the old debtor and the new debtor. The debtor transfer process must meet the requirements for a valid credit agreement, which is based on Article 1320 of the Civil Code. If there is a transfer of the debtor without the knowledge of the bank, legal remedies must be taken by the new debtor by filing a lawsuit against the old debtor and the bank to the District Court. This decision from the District Court which has permanent legal force (inkracht) is evidence of the existence of an agreement between the old debtor and the new debtor, and can be the basis for the bank to submit certificates and other documents to the new debtor. In order to avoid problems in the future, people who want to transfer debtors to mortgages can do so after obtaining approval from the bank as creditor.

KONSTRIBUSI JABATAN NOTARIS DALAM PERJANJIAN KREDIT BANK

Article 1 of Law Number 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of a Notary, states that a notary is a public official who is authorized to make authentic deeds and other authorities. As a public official who is authorized to make authentic deeds and especially in notarial bank credit agreements that provide legal protection for creditors and debtors for strength of evidence and other authorities and to serve the interests of the community. The inhibiting factors for using notary services in the process of granting credit/bank credit agreements are the bank's policy as outlined in the decision letter of the board of directors regarding notary services in the bank credit agreement; the level of risk is credit provided by the bank with guarantees such as movable and immovable objects; the size of the credit value provided by the bank using authentic agreements/notary services and underhand agreements between creditors and debtors are still legalized by a notary.

Penyelesaian Kredit Bermasalah Pada Perjanjian Kredit Perbankan Karena Force Majeure di Masa Pandemi Covid-19 dalam Perspektif Peraturan Otoritas Jasa Keuangan Nomor 48/POJK.03/2020

A bank credit agreement is a standard agreement whose contents are determined unilaterally by the bank, with the aim of efficiency. Micro, small and medium enterprises have an important role in economic development and growth. Small and medium enterprises often enter into banking credit agreements for business development. Due to the COVID-19 pandemic, the Indonesian government issued Presidential Decree No. 12 of 2020 stipulating the Determination of Non- Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. COVID-19 has had an impact on aspects of people's lives. One of them has an impact on the decline in the economic capacity of the community which in turn can result in the debtor not fulfilling the achievements in the banking credit agreement.This study uses a normative juridical research method. The data collection method that the author uses is a literature study/documentation, namely data collection in a literature/document study is an activity of tracing, checking, reviewing secondary data.The results of the research on the implementation of banking credit agreements are the fulfillment of the contents of the agreement in the form of implementation and obligations that have been agreed upon in the banking credit agreement. The COVID-19 pandemic has affected the implementation of banking credit agreements. The COVID-19 pandemic affects the ability of debtors to carry out their achievements. The government through the OJK issued POJK Number 48/POJK.03/2020, which is a regulation to provide restructuring to debtors. The COVID-19 pandemic can also be used as an excuse for debtors to experience force majeure. However, not all debtors are categorized as experiencing force majeure.

Economic Imbalances Caused By the Abuse of Some Clauses Inserted in Credit Contracts

Abstract Credit agreements are membership contracts. Sometimes, within these types of contracts, significant imbalances can occur caused by the insertion of abusive clauses in the credit agreements. Significant imbalances are of an economic nature, created in order for professionals to obtain economic benefits in a manner that is contrary to good faith. The finding of abusive clauses is made “in concrete” only by the court. Once these abusive clauses have been found by the court, the abusive clauses can follow two variants of solutions, respectively: a). Within the contract they may be replaced by other clauses and b). they can be completely removed from bank credit agreements. In the first variant, the abusive clauses will be replaced with other clauses that will have as objective, the correction of the significant imbalances and the assurance of the balance of the credit agreements. In the second variant, the abusive clauses are struck by nullity and can sometimes have major consequences, materialized even in the cancellation of the entire credit agreement. The adopted solution will be based on the concrete situation of each case. The practice further proves the existence of these abusive clauses in one form or another, in credit agreements.

Juridical Review of Force Majeure Clause in Credit Bank Agreements when Covid-19 Disaster

The Covid-19 pandemic has occurred since the beginning of 2020 which has had an impact on various sectors of human life, both health, social and economic. One of the sectors most affected by the COVID-19 pandemic is banking due to the large number of non-performing loans during the pandemic. Based on this situation, the government issued Presidential Decree no. 12 of 2020 concerning the Determination of Non-Natural Disasters for the spread of covid-19. Based on this background, the problems in this study will raise the juridical study of whether the covid-19 pandemic can be said to be force majeure and its juridical implications in bank credit agreements. The purpose of this study is to find out the juridical basis of whether COVID-19 can be used as an excuse for force majeure in bank credit agreements. The research method used is empirical normative with primary data sources through interviews at Bank Jateng and secondary data in the form of legal materials. Data collection techniques with interviews and literature study. The results of the study show that the Covid-19 pandemic, although as a non-natural disaster that meets the force majeure clause, does not necessarily become a reason for canceling the debtor's obligations in the credit agreement because it is not mentioned in the agreement regarding the Covid-19 pandemic condition and also the condition of the Covid-19 pandemic is a force.

Perjanjian Kredit Bank dalam Hal Surat Kuasa Membebankan Hak Tanggungan Tidak Diikuti dengan Akta Pemberian Hak Tanggungan

Deed of Imposition of Mortgage which is processed before a Notary/PPAT and attended by both parties, namely the debtor and creditor. If one of them is unable to attend, the party who is unable to attend will be issued an SKMHT which has a period of one month for land that has been registered and three months for land that is not registered in accordance with the provisions of Article 15 paragraphs (3) and (4) of the UUHT, apart from The validity period of the SKMHT is also affected by the existence of other processes such as: inheritance, roya and rights conventions. This study aims to disclose the Bank's credit agreement in the event that the power of attorney to impose mortgage rights is not followed by the fact of granting mortgage rights. This study uses research methods in the form of normative research with a normative juridical approach, namely analyzing the norms or rules that apply. Primary data and secondary data are used in this study. Data were analyzed using qualitative methods. The results of the study show that the position of the bank as a creditor if the SKMHT is not made APHT is a concurrent creditor which means the bank does not have special rights as contained in the Civil Code, if the debtor is in default while the creditor is a concurrent creditor, the handling of civil cases is generally.

Harta Bersama Sebagai Objek Jaminan Perjanjian Kredit Bank

Social beings are part of domestic development, so is the need for investment. It's almost unbelievable an event if there is no credit agency. In the case of an engagement by a third party, it is stated that a credit agreement with collateral for joint assets carried out by a husband or wife must obtain the spouse's permission by means of participation during the ratification of the engagement. However, a conflict will arise if legal steps are carried out involving joint property without the permission of one of the partners, so it is not in sync with the applicable process. The purposes of this study are to analyze the validity of the use of joint assets as collateral without the consent of the husband or wife, the legal consequences of guaranteeing joint assets in a bank credit agreement without the consent of the husband or wife and legal settlement due to the guarantee of joint assets without the permission of the husband or wife. This type of research is normative legal research with a case and conceptual approach. Legal sources are primary and secondary legal sources, while data collection techniques are carried out by examining existing library materials which are then analyzed systematically. In this study, it was found that when carrying out a credit agreement by insuring joint assets, it must be recognized by both parties between the wife and husband and if it violates the subjective conditions, it can be canceled

The Execution of Third Party Mortgage Guarantees in Rural Bank Credit Agreements

This study aims to determine the execution of mortgage guarantees on bank credit agreements belonging to third parties at Rural Banks. The Method approach in this research is empirical juridical with primary and secondary research data taken by interview and literature review. Data analysis method using qualitative analysis. The results of the study indicate that the execution of mortgage rights belonging to third parties in BPR X is in accordance with the rules in Article 1 and Article 6 of Act No. 4 of 1996 concerning Mortgage Rights and carried out by the KPKNL. The execution of mortgage rights belonging to third parties in the BPR credit agreement in the event of a fight must be able to show proof of ownership but the execution process must still be carried out. Legal remedies for third parties as owners of land rights that are used as objects of mortgage rights are that they can file a lawsuit or derden verzet to the District Court, although this method cannot in principle suspend execution (Article 207 paragraph (3) HIR and 227 RBg) especially if from the start the third party agrees that the land is used as collateral for mortgage rights.

PERLINDUNGAN HUKUM BAGI NASABAH TERHADAP RISIKO DALAM PERJANJIAN BANK DI INDONESIA

This research was conducted with the aim of finding out how legal protection measures for customers (debtors) as consumers of bank service users and how the accountability of the bank in the event of risks related to bank credit agreements. By using the normative juridical research method, the credit agreement is a standard contract, where the contents or clauses of the credit agreement have been standardized and set forth in a form (blank), but are not bound in a particular form. Prospective debtor customers only need to sign if they are willing to accept the contents of the agreement, not giving the prospective debtor the opportunity to further discuss the contents or clauses submitted by the bank. Standard agreements are needed to meet practical and collective needs. At this stage the position of the prospective debtor is very weak, so that he just accepts the terms offered by the bank, because otherwise the prospective debtor will not get the credit in question. The function of the Bank is as a financial mediator that bridges the owner of funds with the people who need funds, both as depositors of funds and borrowers of funds. In the relationship between banks and customers, bank actions often occur that are detrimental to their customers, but so far, legal protection is often not maximal, because in the relationship between banks and customers, it is seen that the bank dominates in banking transactions so that sometimes it is detrimental to customers.

New Clause in Bank Credit Agreement in Relation to Consumer Protection Act

The importance of banking institutions’ existence in one side provide very high risk for banks and in the other side provide profit for public as fund user’s clients. Standard contract circulating in public seen from viewpoint of many parties is still detrimental with clauses presence in the contract. The content of standard contract in general is biased because it tends to benefit the contract maker. The standard contract if seen from the legal side is still being debated in terms of principles and validity requirement of an agreement. The inclusion of this clause shows the strength of creditor’s position which actually already strong despite without the inclusion of this clause. In banking practice, it is found in credit granting by bank the inclusion of unilateral terms which states that “the bank at any time is allowed to change the interest rate beforehand” in the contract that has been standardized previously by the bank. Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of this thesis is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. The research in this thesis is Juridical empirical. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory.

Default of Banking Credit Agreements in the Time of Covid 19

The covid 19 pandemic resulted in a very significant economic impact, and resulted in many defaults on bank credit agreements which underwent payment restructuring based on the covid 19 virus. Financial Services Authority (OJK) Regulation No. 11/POJK.03/2020 concerning the national economic stimulus as a countercyclical policy for the impact of the spread of covid 19 gives authority to banks to establish policies that support economic growth stimulus for debtors affected by the spread of covid 19, one of which is credit or financing restructuring policies. The occurrence of a national disaster caused by the Covid 19 virus had an impact on the force majeure situation. That defaults due to the spread of the covid-19 virus have resulted in debtors being negligent in carrying out their obligations, this method uses the normative juridical method, which refers to the provisions of positive laws and regulations in Indonesia. The results of the research show that defaults in the credit agreement cannot be used as an excuse for not fulfilling their obligations. The spread of covid-19 cannot be used as an excuse that causes a compelling situation that requires the debtor to commit an act of default. In the concept of a rule of law, judicial power is independent in carrying out its judicial function, thus enabling the exercise of judicial power to be fair in examining, adjudicating and deciding cases based on law and justice. Then the policy of the regulations issued by the government against the spread of the covid-19 virus is very important for the community regarding the problem of the spread of the covid-19 virus.

THE URGENCY OF MORTGAGE AGREEMENT AS AN EFFORT TO REALIZE THE TRUST BY BANK AS CREDITOR

This study focuses on the legal certainty of the implementation of loans for mortgage rights which are the object of collateral in the form of money-valued objects when bad loan occurs, which are regulated in the main agreement as an effort to manifest the trust of creditors of banking institutions whose existence is highly sought after by the Indonesian people. The method used in this study focuses on the normative with the conceptual approach and statute approach. The results of this study indicate that Credit agreements must be considered by the bank as creditor and by the customer as the debtor, considering that credit agreements have a vital function in granting, managing, and managing the credit itself. The existence of a guarantee in a bank credit agreement is significant, namely as a means of legal protection for bank security in overcoming risks. There is a certainty that the debtor customer will pay off his loan. This is based on the explanation of Banking Laws, PBI, and POJK, which requires banks' caution as creditors for loans to debtors based on the belief in the debtor's ability to pay off his obligations as agreed in the agreement. The land is material security which is most in demand by banking institutions as security of mortgage rights. The use of land as a trusted and consumptive credit is based on the consideration of the safest land and has a relatively high sale value. The urgency of objects Securing mortgage rights as stipulated in the credit agreement cannot be separated from the guarantee itself. Credit guarantees are always stated in an additional agreement, namely the Collateral agreement. The need for funds by people or institutions provides credit by providing excellent services and providing legal protection for the parties in the transaction so that no one is harmed in the transaction. The state provides legal protection by stipulating legal regulation relating to credit so that banks as creditors have legal certainty in the process of executing credit collateral objects for optimal repayment. Mortgage Law states that creditors have full rights in executing debtor's collateral goods when bad loans do not have to go through litigation.

Peranan Notaris Dalam Perjanjian Kredit Perbankan Tentang Pinjaman Uang

The existence of a notary as a service worker is given the authority by the State to make authentic deeds and then represents the State / government in the competence of private legal relations that occur in the midst of society. The existence of a notary in this matter really plays a role, including one in the bank credit agreement. The purpose of this study was to determine the role of a notary in bank credit agreements in the context of borrowing money. In addition, the role of the notary is also the authorized party to check goods.