KLAUSULA TERMINASI DALAM PERJANJIAN KREDIT PERBANKAN DIKAITKAN DENGAN ASAS KEBEBASAN BERKONTRAK

• Main Authors: , Yona Altatri, , Sularto, S.H., C.N., M.H.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/99368/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=55335
• Institution: Universitas Gadjah Mada

The study concerning termination clause in the banking credit agreement related to the Contractual Deliberacy Basis is aimed to give knowledge about the role of the contractual deliberacy basis in the creation of banking credit agreement. This study uses a normative juridical approach method (doctrinal) which is a literature law study, and having a descriptive nature. The kind of data used are secondary data which consist of primary, secondary, and tertiary law materials, that include literature study of books, legislation rule, and the result of the study in the form of a scientific study. The data collecting instrument uses literature study technique and the data obtained are analyzed qualitatively. Based on the result of the study, it can be concluded that the criteria that must be meet for the termination clause in the banking agreement appropriate with the law is that the termination clause has to meet the certainty of Act 1319 of the Civil Code, cannot involve requirements that are aimed to do something that is impossible to be implemented, something that is against morality, something that is prohibited by the law, and cannot involve requirements whose implementation merely depends on the will of the bound party and they must be firm in insert requirements to put aside the Act 1238 and 1266 of the Civil Code. The role of the contractual deliberacy basis in the formulation of the termination clause in the banking credit agreement is as a base for bank to make clause that contain the banks� interest in case default by the debtor occurs by ignoring the interest and the rights of the debtor�s clients that lead to an unbalanced clause that touches the sense of justice. And so in order to clause termination can be effective must be appropriate with the certainty Act 1319 of the Civil Code. The form of law protection for the debtor�s clients as the bank�s consumers toward the effect of the termination clause in the banking agreement is based on the Act 1338 subsection (3) of the Civil Code laws wanted in the implementation of agreement was done by causing damage for one of the party. Through Act 18 of the Laws Number 8 Year 1999 about Consumer Protection, the law that protects a debtor�s client with the prohibition of the insertion of standard clause that burden the client as a consumer. The Indonesian Banking Regulation number 8/5/2006 about the banking mediation, the government giving an opportunity to solve banking lawsuit using a simple, cheap and quick manner in solving the problems between the client and the bank.