ASAS KESEIMBANGAN PADA PERJANJIAN KREDIT PERBANKAN DENGAN NASABAH PELAKU USAHA KECIL

Abstract

The credit agreement is a standard agreement with determined unilaterally by the bank for efficiency. Small businesses with its unique characteriscs, is in need of funds to develop their business so as to agree on what agreed in the credit agreement, although very burdensome. Credit agreements somemes include a clause on the exoneraon/eksemsi form of add rights and/or reduce the obligaons of the bank, so the problem is how the applicaon of the principle of balance in making a bank loan agreement with small business customers. Bank in designing, formulang and establishing credit agreements with small businesses, based on the mandatory provisions in OJK SE No. 13/SEOJK.07/2014 about Standard Agreement. The credit agreement must not contain the exoneraon clause in the form of the transfer of bank liabilies to customers, and express authorizaon from the customer to the bank, either directly or indirectly shall not contain clauses that have indicaons of abuse situaon. Applicaon of the principle balance of the pares in implemenng the credit agreement have been agreed in good faith, as theapplicaon of the principle of jusce and fairness banned contains a clause stang that the customer is subject to the new regulaons, addional, secondary and changes made unilaterally by the bank. The contents of credit agreement need not be complicated, use the Indonesian language simple sentence adjusted to the type of credit, given the characteriscs of small businesses.