THE IMPLEMENTATION OF CREDIT REGULATIONS ON BANK LOAN AGREEMENT (Case Study in BNI Padang Branch & Center for Small Credit/SKC Padang )

Putra, Rahmat Jaya (2010) THE IMPLEMENTATION OF CREDIT REGULATIONS ON BANK LOAN AGREEMENT (Case Study in BNI Padang Branch & Center for Small Credit/SKC Padang ). Working Paper. Pascasarjana Unand. (Unpublished)

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Abstract

As a creditor, BNI aims to assist entrepreneurs in providing capital for their business investment and development. For this purpose, there are branch offices/credit centers of BNI that deal with credit issues. The objects of this research thesis are BNI Padang Branch Office [consumer credit] and BNI Sentra Kredit Kecil/SKC or Small Credit Center [productive credit]. This study focuses on Bank Loan Agreement practiced by BNI, particularly by the branch office and/or credit center. Bank Loan Agreement is officially backed up with stipulations contained in Clauses 1313, 1320, 1338 of Civil Code; Acts No. 23/1999 concerning Bank of Indonesia; Acts No. 7/1992 – modified into Act No. 10/1998 – concerning Banking and other implementing regulations. Here are several questions discussed and analyzed: Has the essence of credit agreement in BNI fulfilled the requirements/criteria pertinent to credit – in terms of formal juridical and theoretical basis? Have creditor and debtor properly implemented the contents of Loan Agreement? What are the positive and negative impacts of credit regulations implementation – are they in line with the applicable laws? The nature of this research is Analytical Descriptive, using normative and empirical case studies. Samples are selected with non-probability technique – according to loan classification criteria. Samples matching the criteria – from a population of Bank Loan Agreement at BNI Padang Branch Office [Consumer Credit Agreement] and BNI SKC [Productive Credit Agreement] are selected with purposive system. The data collected are of primary, secondary, and tertiary types, gathered through interviews and study of documents. Data processing and analysis are conducted in analytical descriptive manner. Research conclusion: The essence of Bank Loan Agreement in BNI has met the requirements/legal regulations of credit, according to the formal and theoretical basis. Creditor and debtor have both implemented the contents of BNI’s Bank Loan Agreement properly. However, there remain some clausal exemptions encumbering the debtor, of which implementation needs evaluating, to guarantee consumer protection and balanced-position between creditor and debtor. In connection with applicable laws and regulations, the implementation of Bank Loan Agreement results in positive and negative impacts. All these efforts try to reveal the actual condition in the field regarding the aspirations of creditor and debtor who, mutually, agree to establish a Loan Agreement in a bank.

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