Manuscript Title

RIGHTS AND OBLIGATIONS OF THE PARTIES TO APROGRESSIVE AND EQUITABLE CREDIT AGREEMENT

 

Author(s)

Nanang Chadarusman, Yusriadi, Yunanto

 

DOI Number: DOI: 10.5281/zenodo.10183441

 

Published: 13-05-2025

 

About The Author(s):

1. Nanang Chadarusman - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

2. Yusriadi - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

3. Yunanto - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

 

 

Abstract

This study focuses on the Rights and Obligations of the Parties to a Progressive and Equitable Credit Agreement. The problems that will be studied in this study are the rights and obligations of the parties and about the legal implementation of the agreement in providing legal protection for the parties. The research method used is normative juridical with a legal approach and a conceptual approach. The results of the study show that; 1) The results of the study show that the rights and obligations of the parties to an agreement are the core of the binding legal relationship between the two parties. The right provides a basis for the party to demand the fulfillment of the agreement, while obligations are a form of responsibility that must be carried out according to the content of the agreement. In its implementation, equality, good faith, and legal certainty are the main principles so that the agreement runs fairly and balanced; 2) Legal means play an important role in settling the rights and obligations of the parties to the credit agreement. In practice, dispute resolution arising from the implementation of credit agreements can be pursued through litigation (court) or non-litigation, such as mediation, arbitration, or direct negotiation. The Banking Law, the Civil Code (KUHPerdata), and the Financial Services Authority (OJK) regulations are the main legal basis that regulates credit agreements, provides legal protection for creditors and debtors, and regulates settlement mechanisms in the event of default; 3) The concept of progressive law of justice in credit agreements in the future emphasizes a humanistic, responsive, and adaptive legal approach to the social dynamics and substantive justice needs of the parties. The law is not seen as a rigid norm, but rather as a tool that lives and develops with society. In the context of credit agreements, this means balanced protection between the rights and obligations of creditors and debtors, not solely based on the text of the agreement, but also taking into account the values of social justice, economic conditions, and good faith of the parties. 

 

 

Keywords

Progressive Law, Fairness, Rights, Obligations, Credit Agreements.

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