Manuscript Title:

PROGRESSIVE LAW EQUITABLE TO THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE CREDIT AGREEMENT

Author:

NANANG CHADARUSMAN, YUSRIYADI, YUNANTO

DOI Number:

DOI:10.5281/zenodo.10317806

Published : 2023-12-10

About the author(s)

1. NANANG CHADARUSMAN - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. YUSRIYADI - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. YUNANTO - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The purpose of this study is to analyze: 1) Why is law enforcement of the rights and obligations of the parties in the current credit agreement not fair? 2) How does the concept of progressive law apply justice to the rights and obligations of the parties to the credit agreement in the future? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Discussion on law enforcement is inseparable from the existence of legal relations between the Bank as a creditor and debtor customers. Legal relations can run improperly, such as one party or both parties violate agreements or agreements that have been mutually agreed. The position of the debtor customer is in a difficult position related to the legal relationship contained in the Bank Credit Agreement. It is said to be very difficult, because the debtor customer is the one who violates the juridical documents contained in the Bank Credit Agreement. 2) The entrance for the application of progressive law in judicial practice in Indonesia has been formally given by the Law on Judicial Power which affirms that the judicial power is tasked with upholding law and justice. In that order, judges are required to explore the values of law and justice that live in society. This means that judges are not just tasked with applying the rules as
they are, but how they can bring about justice.


Keywords

Progressive Law, Equitable, Rights, Obligations, Parties, Credit Agreement.