Application of Proportionality Principles on Creditor and Debtor Interests in Banking Credit Agreement

Galang Prayogo, Faisal Arif
European Research Studies Journal, Volume XXI, Issue 3, 123-131, 2018
EOI: 10.11214/thalassinos.21.03.009

Abstract:

This paper describes the application of the principle of proportionality to the interests of creditors and debtors in the credit agreement of the bank, and the legal protection on the interests of creditors and debtors in the credit agreement banking. The research method focuses on the study of library research with qualitative data on library materials or secondary data, based on the prevailing laws and regulations in Indonesia on Banking, Consumer Protection and Mortgage Rights. The results show that the application of the principle of proportionality in the credit agreement of a bank to the interests of the creditor and debtor is the recognition of the existence of the rights of the parties manifested in the provision of equal opportunities in the exchange of interests in forms of rights and obligations. Thus, the application of the principle of proportionality to the position of the creditor and debtor in order to be equal in the credit agreement of banking it must use the principle of freedom of contract.


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