FOCUS: Journal of Social Studies
Vol 7 No 02 (2026): FOCUS: Jurnal Studi Sosial

Tanggung Jawab Hukum Bank terhadap Debitur dalam Pelaksanaan Eksekusi Jaminan Kredit

Dhiraj Kelly Sawlani (IBLAM School of Law)
I Gusti Agung Ngurah Agung (IBLAM School of Law)



Article Info

Publish Date
28 Aug 2026

Abstract

The banking sector holds a strategic role as the driving force of the national economy through intermediary functions connecting fund owners with capital-needing parties. The existence of collateral in credit agreements is a crucial instrument for banks to mitigate the risk of default that could disrupt financial institution liquidity stability. However, the collateral execution process often triggers legal disputes due to the bargaining power imbalance between banks and debtors, particularly regarding transparency and auction price fairness. This article aims to analyze the limits of bank liability and the effectiveness of authority supervision in ensuring legal protection for debtor customers. This research employs normative legal research methods with statutory and conceptual approaches analyzed qualitatively. Primary data are derived from banking regulations, mortgage laws, and financial services authority regulations, while secondary data come from reputable legal literature. The results indicate that bank liability is not only executory but also includes the obligation to maintain the principles of prudence and transparency in determining auction limit values. The effectiveness of legal protection is still hindered by the dominance of standard clauses and weak implementation of market conduct supervision by relevant authorities. Synchronization of regulations between the Financial Services Authority and Bank Indonesia is required to strengthen complaint mechanisms and standardization of fair execution procedures.

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Journal Info

Abbrev

focus

Publisher

Subject

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

Description

FOCUS is a Journal of Social Studies Manuscripts for FOCUS must fall into one of the following categories: 1. Sociology 2. Anthropology 3. Psychology 4. Economy 5. Social Geography 6. Politics 7. History 8. Other Social ...