JURIDICAL ANALYSIS OF LEGAL PROTECTION FOR DEBTORS WHO MAKE DEFECTS OF CREDIT AGREEMENTS WITH COLLEGE GUARANTEES

Abstract

The aim of this research is to examine and analyze legal protection for debtors who default on credit agreements with collateral rights. Credit by banks is given to anyone who has the ability to repay on condition of a debt and receivable agreement between the creditor and debtor. The credit agreement made by the bank to the debtor is a very important aspect in providing credit. Every credit that has been approved and agreed upon between the credit provider and the credit recipient must be stated in the form of a credit agreement. A credit agreement is a bond between a creditor and a debtor whose contents determine and regulate the rights and obligations of both parties in connection with the provision of credit. This research uses a normative juridical approach method, with analytical descriptive research specifications. The data used in this research is secondary data obtained from library research, which was then analyzed qualitatively. The legal protection that a debtor can provide if he defaults is that the debtor can file a lawsuit against the object of his mortgage right in the implementation of the execution auction that will be carried out by the creditor against the collateral object. Obstacles and solutions for debtors, injustice in the auction for the execution of mortgage objects often occurs because creditors ignore the rights of debtors as owners of collateral objects, so besides debtors can file lawsuits, the law must also be updated to ensure more legal certainty for debtors who enter into agreements credit with collateral.