Praktek standaard contract dalam perjanjian kredit perbankan: Studi Kasus Pada Beberapa Bank di Berbagai Dati II Sumatera Utara = The Practice of Standard Contracts in Banking Credit Agreements: A study of several banks
The goal of this research was intended to examine the practice of "standard contract" in banking credit agreements which use the credit agreement model. The use of that agreement model was examined from the aspect of contractual law, especially with regard to the implementation of the mode...
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| Format: | Article NonPeerReviewed |
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[Yogyakarta] : Universitas Gadjah Mada
1992
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| Online Access: | https://repository.ugm.ac.id/22674/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=5591 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The goal of this research was intended to examine the practice of "standard contract" in banking credit agreements which use the credit agreement model. The use of that agreement model was examined from the aspect of contractual law, especially with regard to the implementation of the model and the conditions which determine the legality of such agreements. Research was also carried out on the realization ofthe content of the Credit Agreement and connected with legal practices.
The research was conducted based on 9 general banks in 10 Regional Area Level II in the province of North Sumatra comprising 30 bank branch of fices. Responses from 60 account holders represent the research sample completing the primary research data in the form of credit agreements used by the 9 respondent banks.
As secondary data, 30 completed questionnaires were collected from the directors of the branch banks, along with completed questionnaires from law practitioners, also 30 in number. This research material was further complemented by case data from 10 district and appeal courts in North Sumatera.
The data was analyzed logically and systematically using both inductive and deductive methods.
The discussions are based on stipulations of the Indonesian Civil Code in General, the contractual law in particular, and also with reference to legal developments in the Netherlands regarding the doctrine of undue influence.
The conclutions of this study are as follows:
a. The signing of a credit greement which contents are made in a biased manner by bank authorities arc made without recource to bilateral agreement. Bank account holders accept the Credit Agreement model because they believe the banks will realize the contents of the Credit Agreement model in good faith
b. That the content of the Credit Agreement model actually represents stipulations which contain a number of bank rights to arrange the repayment of credit in a unilateral manner, so that the contents give advantage to the creditor
c. That in legal practices any bank's loos in debt cases in court are caused by undue influence in executing the contents of such agreements.
Key words: practice -- standaard contract -- banker credit |
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