Universitas Bhayangkara Jakarta Raya

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Cargo, Masaji Prayasa (2020) Implementation of Proportionality Principle in Banking Credit Agreements (Study on Credit Agreements at PT BNI Mayestik Branch). Undergraduate thesis, Universitas Bhayangkara Jakarta Raya.

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Abstract

The birth of a credit agreement requires the parties that bind themselves to the credit agreement to be subject to the terms agreed in the form of rights and obligations of both parties as stated in the credit agreement. The formulation of this thesis issue regarding the implementation of the proportionality principle related to interests between debtors and creditors in the credit agreement at PT BNI Mayestik branch has been fulfilled and legal remedies that can be carried out on fulfilling the principle of proportionality in the credit agreement at PT BNI Mayestik branch. This thesis uses the normative legal research method (literature) with secondary data collection, then analyzed qualitatively to get the results of research on the implementation of the proportionality principle related to the interests between debtors and creditors in a credit agreement at PT BNI Mayestik Branch must be based on mutual will as contained in the principle agreement, so that the position of creditors and debtors is balanced, there is no dominating party in the clauses of the agreement and creating harmonization of the contents of the agreement. Legal efforts that can be carried out on fulfilling the principle of proportionality in credit agreements At PT BNI Mayestik Branch by submitting offers for several clauses that are burdensome so that it can be changed to the Bank / credit. If there is no agreement from the Bank / Creditor, the debtor may request protection from the OJK based on POJK Number 1 of 2013 concerning consumer protection in the financial services sector, consumer protection is protection of consumers with the scope of behavior of financial service businesses to obtain legal settlement. The conclusion in this thesis is that the principle of proportionality is not fulfilled in the credit agreement at PT BNI Mayestik branch of this case, legal remedies are carried out by restructuring the credit agreement at PT BNI Mayestik branch by deliberation. Suggestions in this thesis regarding the role of government are present in providing legal certainty in credit agreements

Item Type:	Thesis (Undergraduate)
Subjects:	Ilmu Sosial > Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Admin Repositori
Date Deposited:	23 Nov 2022 01:32
Last Modified:	23 Nov 2022 01:32
URI:	http://repository.ubharajaya.ac.id/id/eprint/16299

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