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Journal : MLJ Merdeka Law Journal

Tanggung Jawab Agen Kredit Sindikasi dalam Hal Debitur Wanprestasi Vivi Sylvia Purborini; Mohammad Gufron; Diah Aju Wisnuwardhani
MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v1i1.4288

Abstract

This study aims to determine the position of the agent in a syndicated loan agreement, and the agent's responsibility when the debtorexperiences an achievement. This research is a normative juridical research which is a procedure to find the truth based on scientific logic from the normative side. The approach in this research is legislation and conceptual approach. The results showed that the agent's relationship with the creditors was the power relationship with the power of attorney. If a dispute arises between the agent and the parties in the syndicated loan agreement, the settlement is based on the provision of power of attorney in the syndicated credit document. The responsibility of the agent is divided into two, namely the agent who also participates in the syndication participant, and the agent outside the syndicated loan participant. Agents who are also creditors in syndicated loans, if debtors default, then the agent is responsible. The responsibility of the syndicated loan agent outside the syndicated loan participant is only as a liaison between the creditor and the debtor. The role of agents is limited in accordance with what is written in the agreed agreement document.DOI: https://doi.org/10.26905/mlj.v1i1.4288.
Aspek Hukum Perjanjian dalam Sistem Shopee Spinjam pada Kegiatan Kredit Online di Indonesia Vivi Sylvia Purborini
MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v3i1.9262

Abstract

This research aims to analyze the legal concept of a credit agreement when viewed from the Civil Code and how the concept of the Shopee SPinjam credit agreement on the Shopee application. This research is a normative legal research with a statutory approach method and a comparative approach. The results showed that the credit agreement on Shopee SPinjam when viewed from civil law is in accordance with what is regulated in the Civil Code and related regulations such as the implementing rules of Shopee SPinjam. So that from the review of civil law the position of the Shopee SPinjam credit agreement is considered valid. The legal consequences of the Online Money Lending Agreement in the perspective of Civil Law have binding legal force for the parties as agreements in general. However, there is something that must be considered, namely the interest rates of both because with high interest rates the agreement can be canceled. The government through Bank Indonesia or the Financial Services Authority must immediately make regulations regarding restrictions on loan interest or regulations related to Reasonable Interest Rates for loans and financial technology. The determination of interbank bidding rates will reduce the complexity of financial contracts by encouraging the standardization of the use of benchmark interest rates on debt securities and/or loans with floating interest rates, rupiah interest rate derivatives and also for valuation of financial instruments. In addition, the government must ensure supervisory authority and provide protection for users and providers of financial technology with certaintyDOI: https://doi.org/10.26905/mlj.v3i1.9262