| dc.description.abstract | The principle of balance is one of the principles underlying the credit agreement which
contains the legal correlation between banks and small Businesses. The objective of the
principle of balance is to put the parties in an equal position in determining their rights and
obligations. The imbalance in the banking credit agreement raises standard clauses that are
aggravating for small businesses that are economically weak. A one-sided credit agreement
may contain an exoneration clause or an exclusion clause in the form of a clause that increases
rights or reduces bank obligations that are burdensome for small businesses. One of the
aggravating clauses for small businesses is the clause that states that the bank can cancel or
discontinue the transaction unilaterally, while on the other hand the customer is not allowed
to cancel the agreement. In addition, there are also clauses related to the provision of material
guarantees in credit agreements that are aggravating for small businesses. The importance of
setting a balanced credit agreement is to develop small businesses, especially in relation to
capital requirements for small business development. This is a dilemma for small business
development.
The research uses a normative legal research type that is prescriptive with a statutory
approach and a conceptual approach. The research employs secondary data consisting of
primary legal materials, secondary legal materials and tertiary legal materials. The data are
collection through library research and interviewing sources to complete secondary data.
Secondary data processing is selected and classified systematically and logically. The data are
analyzed qualitatively by drawing conclusions using deductive logic.
The results show that the Protection of small businesses is urgently required
considering its very important role for the economy of the community which is based on Article
33 of the 1945 Constitution of the Republic of Indonesia. Therefore, the development of small
businesses is not only the responsibility of the bank, but also the responsibility of the
government at both the central and regional levels. With various regulations that have been
issued to support the existence of small businesses, the problem of balance in bank credit
agreements is still a problem encountered by small businesses to obtain capital in developing
their business. Obstacles to the development of small businesses through credit agreements
with and without guarantee between banks and small businesses, especially those related to
the legal structure, one of which is related to institutional aspects. The difficulty of small
businesses in obtaining credit from banks is due to the reason that bank administration for small businesses is very complicated and requires high costs. The principle of balance in the
credit Agreement between small businesses and banks has not yet been fully realized. This can
be seen by more liabilities for small businesses in comparison to bank liabilities. Small
businesses are forced to accept this unbalanced situation because they need capital from banks
for its business development.
The government should establish a separate law concerning credit, especially for small
businesses that can apply the principle of balance in bank credit agreements with small
businesses so that rights and obligations can be realized in a more balanced manner. This
balance can be implemented if the rights and obligations between the parties are not one-sided. | en_US |
