Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Restrukturisasi Kredit dalam Perspektif Hukum Perbankan: Dampak terhadap Hubungan Kontraktual antara Bank dan Nasabah

Raisa Agnia (Unknown)
Sabili Casba Ar-Rusd (Unknown)
Gipal Herta Wijaya (Unknown)



Article Info

Publish Date
25 Dec 2025

Abstract

This study examines credit restructuring from the perspective of banking law, with particular attention to its impact on the contractual relationship between banks and customers. Credit restructuring is conceptualized as a legal mechanism designed to preserve the continuity of credit agreements when payment difficulties arise, while maintaining the rights and obligations of the parties involved. The research adopts a normative juridical approach through an analysis of statutory regulations, legal doctrines, and the practical implementation of credit restructuring within the Indonesian banking system. The findings demonstrate that credit restructuring represents the application of the principles of prudence, good faith, and the balance of interests embedded in banking contract law. Amendments to credit terms through restructuring generate legal implications for the contractual positions of both parties, yet remain within the framework of legal certainty when grounded in mutual consent and prevailing regulations. From a legal protection standpoint, credit restructuring affords safeguards to customers against excessive exposure to default risks while simultaneously securing the legitimate interests of banks as creditors. Accordingly, credit restructuring plays a strategic role in sustaining legal stability and fostering trust within the banking sector.

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Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...