Fandi Bachtiar, M. (2023) Perlindungan Hukum Terhadap Debitur Dalam Pelaksanaan Perjanjian Kredit Pada Bank Bri Unit Lipat Kain Kabupaten Kampar. Masters thesis, Universitas Islam Riau.

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Abstract

A credit given by a bank to a customer will always begin with a request by the customer concerned. If the bank deems that the application is feasible to grant, then in order to carry out the credit, it must first hold an agreement or agreement in the form of a credit agreement. Meanwhile, until now there is no law that specifically regulates the implementation of credit agreements, because the name of the credit agreement is not listed in the Civil Code but the arrangement and implementation of this credit agreement must still refer to the Civil Code as stated in article 1319 of the Civil Code "All approval, both those with a special name, and those who are not known by a certain name, are subject to the general regulations contained in this chapter and the previous chapter. At this time the credit agreement between the creditor and the debtor generally uses a standard agreement. This standard agreement makes the debtor not have the opportunity to give his opinion in the standard agreement, in the sense that there is no bargaining about the contents of the agreement as according to the theory of justice and the principle of balance. is a very important principle in an agreement. The purpose of this study is to see the extent to which the implementation of and obstacles in the implementation of regulations governing the legal protection of debtors in implementing credit agreements at banking institutions. As for the type of research used in this writer's research is empirical legal research. Empirical legal research, also known as sociological legal research, is research on the effectiveness of existing law or the operation of law (law in action) in society. In this empirical research, researchers conducted a study of the phenomena that occur in practice in the field and then viewed in terms of positive legal regulations that apply in Indonesia in accordance with the existing hierarchy of laws and regulations. Then the nature of this research is descriptive, namely the author provides a clear picture supported by data in the field related to the object of study raised in the research so that the problems of this research can be clearly understood. The conclusion that the authors get from this study is that legal protection for debtors in implementing credit agreements at banking institutions is not in accordance with the theory and legal principles regarding agreements and violates statutory regulations. Among them are violating Article 18 of Law Number 8 of 1999 concerning Consumer Protection and Article 22 of the Financial Services Authority Regulation Number 1 of 2013.

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