Civil Law Liability of Debtors in Credit Agreements with Individual Guarantees

Credit agreements with personal guarantees often cause legal problems when the debtor defaults. Individual guarantees cannot be bound with a mortgage instrument or fiduciary guarantee, thus increasing the risk for banks. This research aims to understand and systematically examine the concept of regulating personal guarantees according to positive law in Indonesia and the legal consequences that arise if the debtor defaults in a credit agreement with personal guarantees. This research uses normative juridical method with concept approach. The data sources of this research are primary legal materials such as laws and jurisprudence, as well as secondary legal materials such as legal textbooks and journals. The results show that personal guarantees have an important function in advancing the economy through lending. However, this guarantee also poses a high risk for banks if not accompanied by careful analysis. Law No. 4 of 2023 on Financial Sector Development and Strengthening strengthens the role of the Financial Services Authority in supervising credit agreements with personal guarantees to maintain financial sector stability.

Authors

Institutions

Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-10-24
DOI
https://doi.org/10.38035/jlph.v4i6.658
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Civil Law Liability of Debtors in Credit Agreements with Individual Guarantees

I Gede Agus Kurniawan, Karuna Dewi
Journal of Law Politic and Humanities
European and International Contract Law
article

Civil Law Liability of Debtors in Credit Agreements with Individual Guarantees

I Gede Agus Kurniawan, Karuna Dewi
article en

Abstract

Credit agreements with personal guarantees often cause legal problems when the debtor defaults. Individual guarantees cannot be bound with a mortgage instrument or fiduciary guarantee, thus increasing the risk for banks. This research aims to understand and systematically examine the concept of regulating personal guarantees according to positive law in Indonesia and the legal consequences that arise if the debtor defaults in a credit agreement with personal guarantees. This research uses normative juridical method with concept approach. The data sources of this research are primary legal materials such as laws and jurisprudence, as well as secondary legal materials such as legal textbooks and journals. The results show that personal guarantees have an important function in advancing the economy through lending. However, this guarantee also poses a high risk for banks if not accompanied by careful analysis. Law No. 4 of 2023 on Financial Sector Development and Strengthening strengthens the role of the Financial Services Authority in supervising credit agreements with personal guarantees to maintain financial sector stability.

Journal of Law Politic and HumanitiesVol. 4(6)
University of National Education (ID)
Openalex Percentile: Top 51%
European and International Contract Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Civil Law Liability of Debtors in Credit Agreements with Individual Guarantees — I Gede Agus Kurniawan, Karuna Dewi · Journal of Law Politic and Humanities (2024) | TGRS Research Map | TGRS