Protection Law Personal Guarantee in the Credit Agreement

Legal protection for individual guarantees (borgtocht) is an essential issue in the world of credit or financing, both conventionally and digitally. Therefore, legal protection for individual guarantees is crucial, considering there are no specific regulations regarding standard contracts and forms of protection for guarantors (norm gap). This study aims to analyze and understand the regulation of individual guarantees and their legal protection based on positive law in Indonesia using the theory of responsibility and the theory of legal protection. This study uses a normative-empirical research method with a Legislation, conceptual, and case approach. The results in This research explain that provisions regarding individual guarantees set up in the Book Constitution Law Civil in Articles 1820 to 1850, with an execution system through issuing a warning to sue through the district court if the guarantor does not do so. a performance like Which has agreed. Protection law for individual guarantees can be found in Article 1831 of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, which guarantees the right to information and justice for consumers, and Law Number 27 of 2022 concerning Personal Data Protection, which is important in the context of data misuse in digital transactions. In addition, the Financial Services Authority (OJK) Regulation Number 77/POJK.01/2016.