Law and Economics
Vol. 19 No. 3 (2025): October: Law and Economics

Indonesian contract law in practice and its relevance to the development of mortgage contract law bank loans

Richard, Richard (Unknown)



Article Info

Publish Date
20 Oct 2025

Abstract

This study aims to examine the application of Indonesian contract law in bank loan agreements involving collateral rights and to evaluate its relevance to the development of modern mortgage contract law. Using an empirical juridical approach supported by both library research and field data, this research analyzes how the fundamental principles of contract law—such as freedom of contract, good faith, balance, and legal certainty—are implemented in banking practices. The findings indicate that contract law provides a legal foundation for regulating reciprocal obligations between creditors and debtors, primarily through instruments such as the Power of Attorney to Impose Security Rights (SKMHT) and the Deed of Grant of Security Rights (APHT). The enactment of Law No. 4 of 1996 on Mortgage Rights strengthens creditor protection by introducing a more enforceable and simplified collateral mechanism. However, several obstacles remain, including debtor default, administrative deficiencies, legal uncertainty in collateral execution, and imbalanced standard contracts that often disadvantage debtors. The study concludes that Indonesian contract law plays a strategic role in ensuring legitimacy, legal certainty, and balanced protection for both creditors and debtors, although continuous regulatory refinement and enforcement improvement are necessary to address existing challenges and align with socio-economic developments in the banking sector.

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Journal Info

Abbrev

LE

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Law and Economics is an interdisciplinary Publication. It seeks to promote an understanding of many complex phenomena by examining such matters from a combined law, economics, and organization perspective (or a two-way combination thereof). In this connection, we use the term organization ...