ANALISIS TERJADINYA PERJANJIAN KREDIT SEBAGAI PERJANJIAN OBLIGATOIR YANG MELAHIRKAN HAK PRIVATE

Abstract

Since the pandemic hit Indonesia and the world, the economy has taken a drastic downturn. Small, medium, and even large companies have laid off employees, leading to widespread unemployment. Supported by Indonesia's Ministry of Tourism and Creative Economy, which provides extensive opportunities, especially for Micro, Small, and Medium Enterprises (MSMEs), the government hopes to reduce unemployment and give confidence to these entrepreneurs to expand their businesses through good cooperation with the government in providing low-interest loans. In practice, many entrepreneurs or debtors are unaware of the processes and legal protections available to them, which would make them more confident in running their businesses. Besides educating the public, this research aims to contribute knowledge to students about the structure of credit agreements.

Credit agreements are not specifically regulated in the Civil Code, or Burgerlijk Wetboek (BW), but are subject to Article 1319 of the BW, which states that "all agreements, whether they have a specific name or are not known by a particular name, are subject to the general rules contained in this chapter and other chapters." Agreements regulated in the BW are called named agreements, and those not regulated in the BW are called unnamed agreements.

Credit agreements fall under unnamed agreements, which are governed by Book III of the BW, known for its supplementary, non-compulsory nature (aanvullen recht). In contrast, guarantee agreements are governed by Book II of the BW, which is of a compulsory nature (dwingen recht). This is a difference that debtors applying for loans from financial institutions in this country should be aware of. The different natures of these two books significantly influence the process of credit and credit guarantee agreements in society, leading to differences in how they are treated.