PENERAPAN ASAS KEBEBASAN BERKONTRAK TERHADAP PERJANJIAN KREDIT MODAL KERJA DI PT. BANK RAKYAT INDONESIA AGRONIAGA TBK CABANG PEKANBARU

SERENITY, REGINA (2019) PENERAPAN ASAS KEBEBASAN BERKONTRAK TERHADAP PERJANJIAN KREDIT MODAL KERJA DI PT. BANK RAKYAT INDONESIA AGRONIAGA TBK CABANG PEKANBARU. Masters thesis, Universitas Islam Riau.

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Abstract

There are terms and conditions for working capital loan agreements by PT. Bank Rakyat Indonesia Agroniaga Tbk Pekanbaru Branch which requires customers to submit to the rules set by the bank, both those that already exist or which will be regulated later. From the clause, it can be seen that the contents of the loan agreement are given by PT. Bank Rakyat Indonesia Agroniaga Tbk Pekanbaru Branch has been submitted to the bank to make it, while the customer is not involved in making the loan agreement. The main problems in this study are: 1) how is the application of the principle of freedom contracted to the working capital loan agreement at PT. Bank Rakyat Indonesia Agroniaga TbkPekanbaru branch and 2) what are the obstacles to working capital loan agreements at PT. Bank Rakyat Indonesia Agro niaga Tbk Pekanbaru branch. The research method used in this study uses an observational research approach. Whereas from its nature, this research is a descriptive analysis. The application of the principle of freedom is contracted to the working capital loan agreement, in the agreement for the granting of working capital loans it is categorized as a failure of implementation of policies that are non-implementation (cannot be implemented). This is evidenced by the many standard clauses that tend to protect creditors without regard to the rights of the debtor. In practice, the standard clauses in the working capital loan agreement can be said to be one-sided, while the principle of balance also needs to be considered in making an agreement, but not enough through legal constraints, but the bureaucratic apparatus and the community play an important role so that the law can work in society. The obstacles faced by the bank in resolving bad credit include: A) Internal factors: 1) not all bank employees are able to handle bad credit and 2) not all bank employees are competent (collecting, negotiating, and legal especially in terms of auctions). B) External factors: 1) the debtor is difficult to find, 2) there is no good faith from the debtor and 3) the use is transferred to the third party (three). C) Other factors: 1) much related to the legal realm, 2) auction submissions take a long time and 3) auctions cost not a little.

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