Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Kredit Di PT.BRI Tbk Cabang Bangkinang

Syahida, Jeri Gunarko (2021) Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Kredit Di PT.BRI Tbk Cabang Bangkinang. Other thesis, Universitas Islam Riau.

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Abstract

Banking institutions are financial institutions with strategic value in society, current banking legislation is a form of effort to improve the laws that will be enacted. Promote fair development for the steady and clear development of the national economy. Bank Indonesia when carrying out its activities is regulated in Articles 6 and 7 of the Banking Law, namely credit agreements with pre-determined clauses with legal arguments on freedom of contract agreement. The position of Bank Rakyat Indonesia Tbk Bangkinang Branch as a creditor is stronger than a debtor, while the freedom of contract only reaches justice if there are parties who have bargaining power. In the context of writing this thesis, the research that the author did establishes the main problems, namely: First, how is the application of the principle of freedom of contract in the credit agreement at PT BRI Tbk Bangkinang Branch? and Second, How is the Settlement When a Default Occurs in the Agreement at PT Bank Rakyat Indonesia Bangkinang Branch? The research method used is a survey research method or observational research where the researcher observes directly the object being studied using data collection tools in the form of interviews with Syafrizal as Supervisor at PT Bank Rakyat Indonesia Tbk Bangkinang Branch. Supported by secondary data, namely data obtained from library materials. From the results of the research and discussion that the author did that the application of the principle of freedom of contract in the credit agreement at PT BRI Tbk Bangkinang branch, namely freedom of contract was given by the bank to the debtor to protect the creditor without regard to the rights of the debtor, before signing a credit agreement, the debtor should first look at the clauses of the agreement in the application of the agreement because its contents are detrimental to the debtor. Settlement of default, the creditor gives a warning, if the debtor does not meet the performance, the guarantee will be confiscated and as long as the guarantee is not redeemed, the guarantee will be auctioned off to another party.

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