Universitas Islam Negeri Alauddin Makassar Proceedings, The 2nd International Conference on Science and Islamic Studies (ICOSIS-2024)

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ANALYSIS BREACH OF CONTRACT ON UNSECURED BANKING CREDIT AGREEMENTS: SETTLEMENT AND LEGAL IMPLICATIONS
Chandra Yuliantoro, Suriyadi Suriyadi, Mutmainnah Mutmainnah, Ari Maulana

Last modified: 2025-07-31

Abstract


A credit agreement is a bond between the customer and the bank which is a legal instrument that binds the promises of the parties, this is binding like the law as the principle of pacta sun servanda in Article 1338 of the Civil Code, in credit agreements there are usually irregularities that result in default. The research method used is legal research using 2 approaches, namely the conceptual approach and the statutory approach, the conceptual approach is used by examining the concept of default in credit agreements while the enforcement of legislation is used using regulations per law that regulate agreements. Unsecured credit (UNSECURED LOANS) is one of the financing products of banking institutions that provide convenience to customers by providing loans without requiring collateral, although basically the Civil Code has regulated general guarantees for the debtor's property in the event of inability to make payments, but it has a higher risk compared to credit with collateral due to the binding of collateral (rights of dependent,  fiduciary, and mortgage) grants the right of precedence or the so-called preferential right. Breach of contract on UNSECURED LOANS and credit in general are basically the same, only differ in the existence of an exclusive guarantee that has preferential rights in the event of default.

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