Analysis of Legal Protection for Debtors of Home Loan (KPR) at National Commercial Banks in Indonesia

Abstract

Non-performing loan have become a major concern of bank management, including in home loan (KPR), because in addition to causing losses to banks and debtors, they also have an impact on the health and reputation of banks. Initial allegations of causes of KPR problems in addition to the ability of the debtor, fluctuations in income, also the debtor does not know the risk of credit agreements, so the credit agreement is suspected of being legally flawed. This study aims to determine the legal problems in the Credit Agreement, as well as the protection of KPR debtors, in resolving non-performing loans. Research objects of National Commercial Banks in Indonesia, especially banks in North Sulawesi. Conclusion, the legal basis of the Credit Agreement namely The Act No.10 of 1998 concerning Banking that credit is always based on a Credit Agreement between creditors and debtors as a form of binding on both parties, Article 1313 of the Civil Code and Article 1320 of the Civil Code. Legal protection against KPR debtors must be given by reinforcing the rules of the Law/ Government Regulation considering the position of debtors is weak when applying for credit, lack of information and understanding of credit risk at bank KPR.

Keywords: home loans, credit agreements, non-performing loan, legal protection

DOI: 10.7176/JLPG/82-04