PERLINDUNGAN HUKUM TERHADAP DEBITUR DALAM PERJANJIAN KREDIT PEMBELIAN RUMAH KPR

Abstrak

The bank is one of the financial institutions whose main function is to collect and channel public funds. The role of banks as stated in Article 1 paragraph (2) of Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking (hereinafter referred to as the Banking Law) is to channel funds to the public in the form of credit and / or other forms can be used as additional funds for the business activities of customers / debtors. The additional funds really support business activities in particular and economic activities in general. Bank activities as public fund collectors can be seen from bank activities that collect funds in the form of deposits. Meanwhile, the activities of banks in channeling public funds are through the provision of credit to the public. The meaning of credit in banking as referred to in Article 1 point (11) of Law no. 10 of 1998 concerning Banking that credit is the provision of money or an equivalent claim, based on a loan agreement between the bank and another party which requires the borrower to pay off its debt after a certain period of time with interest. The provision of KPR by banks is actually a form of bank implementation in relation to national development, this is supported by the existence of Article 4 of the Banking Law that Indonesian banking aims to support the implementation of national development in the context of increasing equity, economic growth and national stability towards improving people's welfare. Lots. In the provisions of Article 4, Indonesian banking has its own characteristics when compared to banking in general.Legal protection arises when one party's rights are reduced due to non-fulfillment of the obligations of the other party. In an agreement the non-fulfillment of these obligations can be called default. When creditors are trying to achieve huge profits by not carrying out their achievements. So the debtor has legal protection regulated in article 18 of the consumer protection law and article 1276 of the Civil Code. Legal remedy is an act that is carried out by a person on the basis of not being given the rights that should be obtained. In civil law, there are several efforts that can be made in resolving civil disputes, especially in cases of buying mortgage housing loans. Key Word: Agreement, Credit, House