Legal Analysis of Protection for Debtors in Credit Agreements with Credit Rights (Study of Kudus District Court Decision No. 18/Pdt.G/2023/Pn.Kds)

Abstract

This research method uses an approach methodempirical juridical, Specificationanalytical descriptive, sources and types of data, namely primary data and secondary data, data collection methods by conducting field studies and literature studies, data analysis methods by deductive means, namely from general to specific.The form of a standard bank credit agreement, the debtor only needs to sign, in the bank credit agreement the debtor is the party that is very disadvantaged. The debtor as the party that is disadvantaged in the bank credit agreement, then needs to get legal protection.Legal protection for debtors in credit agreements aims to protect bank customers from possible risks. This protection can be done through various efforts, such as the implementation of Article 18 number 1 letter a of Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK), Bank Indonesia policies, and rescheduling, reconditioning, restructuring. Considerations of the Panel of Judges in decision number 18/Pdt.G/2023/PN.Kds, because an agreement was reached in the implementation of mediation, the judge decided for the parties toPlaintiff and Defendant for comply with the agreed Peace Agreement. Once an agreement is reached between the parties, a peace deed is then made.The Peace Deed is made on the basis of a peace agreement between the disputing parties before the court and with the knowledge of the judge, has the same effect as the judge's decision.