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Journal : Jurnal Akta

The Prudential Banking Principles in Providing Subsidized Housing Loans Dora Kusumastuti
Jurnal Akta Vol 9, No 3 (2022): September 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i3.22556

Abstract

The home ownership loans are one type of credit service provided by banks to customers who want special loans to meet the needs of home ownership. Credit disbursement by banks must be carried out with the principle of prudence (prudential banking), and must go through a careful analysis of the 5C's of Credit aspects, so that the loans that will be given can be returned on time. In reality, often loans that have been distributed to debtors become non-performing loans. This study discusses the implementation of the precautionary principle and the problems faced by banks in providing subsidized mortgages. This type of research is a normative juridical research with data sources from primary, secondary and tertiary legal materials. Using literature study as a collection technique. The results of this study explain that in implementing the prudential principle of banking in providing subsidized mortgage loans, the 5C's of Credit aspects are used. And in its implementation it uses Act No. 7 of 1992. There are obstacles in the implementation of the precautionary principle, starting from the various aspects of the character of the debtor, the uncooperativeness of the debtor and the mortgage house itself whose facilities are incomplete, causing a lack of interest from the public and the lack of socialization of the minimum period of use of subsidized housing.
The Principles of Good Faith in E-Contract Financial Technology Kusumastuti, Dora; Sutoyo, Sutoyo
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.40060

Abstract

This research discusses the Principle of Good Faith in E-Contract Financial Technology, which is a relatively new type of agreement in Indonesia. An e-contract can be formed when there is an agreement or mutual consent between the parties involved in the contract during its drafting. The existence of an e-contract is a new development in modern contract types, requiring appropriate regulation based on clear legal foundations. However, in practice, current regulations are not yet able to fully protect the parties involved in e-contracts. Therefore, in the creation of e-contracts, it is necessary to have a controlling mechanism based on moral values and conscience, commonly known as the principle of good faith, to support the principle of freedom of contract. The principle of good faith is considered the most important (super eminent principle) in contracts. Given the various issues that arise, this research aims to discuss the importance of the principle of good faith in e-contract financial technology. This subject research is E-Contract Financial Technology, method research used is normative juridical, with data sourced from secondary data, analyzed using deductive logic. The research results indicate that the principle of good faith needs to be applied and instilled in the parties involved in the contract, namely business actors, in this case, fintech providers, and consumers as fintech users. This principle ensures that the contract's substance is carried out based on solid trust or confidence, as well as the good will of the parties involved. By applying the principle of good faith to the parties involved, the risk of wanprestatie on the part of any party can be minimized, as there is already a foundation of trust and good will.