Legal Analysis of Legal Protection and Legal Remedies of Creditors Against The Use of Fake Debtor Identities in Banking Credit Distribution

Abstract

This study examines the forms of legal protection for creditors and the legal liability of debtors regarding the use of false identities in banking credit distribution. The rapid development of the banking sector has provided convenience in credit applications, yet it also introduces various legal risks, notably the falsification or use of fake identities by prospective debtors to obtain credit facilities. The primary issues analyzed include the forms of legal protection available to creditors and the legal accountability of debtors using false identities. This research employs a normative juridical method utilizing statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed through a descriptive-qualitative method. The findings indicate that legal protection for creditors is divided into preventive and repressive measures. Preventive protection is implemented through the application of prudential principles, credit analysis based on the 5C principles (character, capacity, capital, collateral, condition of economy), identity verification, and checks through the Financial Information Services System (SLIK). Repressive protection is provided through civil remedies (lawsuits for breach of contract or unlawful acts) and criminal law mechanisms against the perpetrators. Furthermore, the legal liability of debtors using false identities is multi-layered and comprehensive, encompassing civil liability, criminal accountability (such as fraud and document forgery under the Criminal Code), and accountability under the Personal Data Protection Law when utilizing another party's identity without authorization.