Pelaksanaan Perjanjian Kredit Antara Debitur Dan Kreditur Dalam Prinsip Keseimbangan Berkontrak Pada PT. Bank Rakyat Indonesia (BRI) Unit Duri Kabupaten Bengkalis

Gustia D, Puja (2022) Pelaksanaan Perjanjian Kredit Antara Debitur Dan Kreditur Dalam Prinsip Keseimbangan Berkontrak Pada PT. Bank Rakyat Indonesia (BRI) Unit Duri Kabupaten Bengkalis. Other thesis, Universitas Islam Riau.

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Abstract

One of the most important principles in contract law is the principle of freedom of contract. This freedom is the embodiment of free will, because there is freedom of contract for everyone who enters into and determines the contents of the agreement. However, in practice, in this credit agreement, only one party determines the contents of the agreement, namely the PT. Bank Rakyat Indonesia (Persero), tbk Duri Unit Bengkalis Regency. Thus in this standard agreement, the position of the parties is not equal. The position of PT. Bank Rakyat Indonesia (Persero), tbk Duri Unit Bengkalis Regency is higher than the position of the Debtor as a Debtor.The main problem in the first author's research is the implementation of the principle of balance between debtors and creditors in the credit agreement at PT. Bank Rakyat Indonesia Duri Unit, Bengkalis Regency? and How is the Legal Protection of the Interests of Debtors and Creditors in the agreement at PT. Bank Rakyat Indonesia Duri Unit Bengkalis Regency.The research method used is observational research which is carried out by means of a survey, namely research directly to the research location using data collection tools in the form of interviews and questionnaires. Meanwhile, if we look at its nature, this writing is descriptive analytical, is one type of research method that seeks to describe and interpret objects according to what they are or can also be interpreted as research that provides a detailed, clear and systematic description of the implementation of creditor agreements between debtors. and creditors in the principle of contractual balance at PT. Bank Rakyat Indonesia Duri Unit Bengkalis Regency.From the results of research and discussion of the implementation of the principle of balance between debtors and creditors in the credit agreement at PT. Bank Rakyat Indonesia Duri Unit Bengkalis Regency has not created a balance between the rights and obligations of the parties, in this case PT. Bank Rakyat Indonesia Duri Unit Bengkalis Regency and customers as debtors, credit agreements should contain the principles of balance, fairness, and fairness which are guidelines and become signs in regulating and forming credit agreements that will be made so that in the end it will become an agreement that applies to the parties. enforceable implementation or fulfillment. Legal protection of the interests of Debtors and Creditors in the agreement at PT. Bank Rakyat Indonesia Duri Unit Bengkalis Regency that legal protection has not occurred to customers because standard clauses in banking credit agreements tend to position creditors more dominantly than debtors, therefore it can be said that standard clauses agreed by banks do not reflect the principles of balance. This is because there is no bargaining position for the debtor in the banking credit agreement. Credit agreements contain many clauses that are aggravating the debtor, i.e. contain clauses that are unreasonable and unfair, by abusing the condition of the debtor. This happens because it is in balance with the debtor at the time of signing the loan.

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