AFHAMI, H. SAHAL (2017) REKONSTRUKSI PERJANJIAN KREDIT BANK BERBENTUK STANDAARD YANG BERBASIS NILAI KEADILAN. Doctoral thesis, Fakultas Hukum UNISSULA.
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Abstract
Law of agreemenT adheres the open system principle which ensure the freedom of contract according to article 1338 paragraph (1) BW, the prinsiple provides opportunities for each party including bank to arrange the standards of agreement. The standard perceived buedensome because of no existence of bargaining positionbetween public as dedtor bank as creditor. Unfortunately this kind of agreement still continued in banking practice. This is a normative study on reconstruction of loan standard agreement based on equity that theoretic prescriptively using statute approach. In order to identify legal principles and norms specific on legal agreement, particularly on bank loan contract based on equity. This study aims to identify factors related to why bank loan standard contract is not based on ecuity yet. It also analyze the weakness of standard contract on loan distribution and how reconstructions of bank loan contract establised with equity principles. Thia study shows that (1) the standard of bank loan contract is not based on equity value. There is no bargaining position where agreement content in previous causal where made in from, so that the costomer pocition imbalanced wite bank as creditor. (2) The weakness of loan kontract mainly restricted by constitution and regulasions of bank of Indonesia. These weadness consequence in determining content agreement, both of consumer and bank do not have any freedom which contradict with open system principle of contrary freedom principle. (3) Value reconstruction of standard of loan contract to adopt equity value is loan agreement based on creditor and debtor willing equally. The legal reconstruction is by reconstruct article 6 abjad b of constitution number 10/1998 aboud banking, and repeal form latter of OJK number 13/SEOJK.07/2014 about standard agreement becouse inexistence of balance protection. To ensure legal certainty, reconstruction through bank loan agreement could be done through (1)The arrangement of standard in bank loan agreement sould be write formally by customer or their representative, the content sould be standardize into causal which already negotiated before. The hand sidnature soulh be done in front of public notary or in the office of public notary. (2) Bank loan agreement sould not be confined by constitution and regulations of bank of Indonesia. Those regulations regulate the operational of bank and sould not regulate the content of bank agreement, because it is agreement law, in cluding bank loan agreement which adhere open system with its freedom of contract. (3) Government and Parliament sould refise article 6 abjad b Act number 10/1998 about banking to protect creditor and debtor balance in giving loan. Keywords: agreement, loan, bank, standard,
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 04 Dec 2017 02:40 |
| Last Modified: | 04 Dec 2017 02:40 |
| URI: | http://repository.unissula.ac.id/id/eprint/8688 |
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