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All Journal Journal of Law, Poliitic and Humanities
Karuna Dewi
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Civil Law Liability of Debtors in Credit Agreements with Individual Guarantees Karuna Dewi; I Gede Agus Kurniawan
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.658

Abstract

Credit agreements with personal guarantees often cause legal problems when the debtor defaults. Individual guarantees cannot be bound with a mortgage instrument or fiduciary guarantee, thus increasing the risk for banks. This research aims to understand and systematically examine the concept of regulating personal guarantees according to positive law in Indonesia and the legal consequences that arise if the debtor defaults in a credit agreement with personal guarantees. This research uses normative juridical method with concept approach. The data sources of this research are primary legal materials such as laws and jurisprudence, as well as secondary legal materials such as legal textbooks and journals. The results show that personal guarantees have an important function in advancing the economy through lending. However, this guarantee also poses a high risk for banks if not accompanied by careful analysis. Law No. 4 of 2023 on Financial Sector Development and Strengthening strengthens the role of the Financial Services Authority in supervising credit agreements with personal guarantees to maintain financial sector stability.
Co-Authors I Gede Agus Kurniawan