KARAKTERISTIK KLAUSULA CROSS COLLATERAL DAN CROSS DEFAULT DALAM PERJANJIAN KREDIT PERBANKAN

KOGIN, KEVIN (2018) KARAKTERISTIK KLAUSULA CROSS COLLATERAL DAN CROSS DEFAULT DALAM PERJANJIAN KREDIT PERBANKAN. Doctoral thesis, UNIVERSITAS 17 AGUSTUS 1945.

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Abstract

Existence and growth of business has been dominated by the banking system, as a buffer of economic system. There is a rapid development, due to the growth of banking industry. One of the things that develops rapidly, are the clauses in the standard contract on Banking Credit, for example cross collateral and cross default clauses. The existence of cross collateral and cross default clauses, tangent to issues of fairness in contract especially in the field of Banking Credit. This research discusses three issues namely 1) What is the the essence of collateral in the distributing of Bank loan funds? 2) What is ratio legis of using cross collateral and cross default clauses in Banking Credit contract? 3) What are the legal consequences of cross collateral and cross default clauses when the Debtor has defaulted? This research used normative legal research methods, with statue approach, conceptual approach, case approach, philosophical approach, and comparative approach. The essence of the collateral is as a “bulwark” for General Security. This is so important as it relates to the Bank's function as an intermediary institution, which is required to realize Bank prudential principles. Ratio legis of using cross collateral and cross default clauses in Credit contracts is as a strict implementation of Bank prudential principles, in order to emphasize the accuracy of Debtor in fulfilling their obligations to the Bank, and for the efficiency of the Bank's business activities, which must be based on good faith. Any default of Debtor, will have legal consequences for cross collateral and cross default clauses, in the form of all Credit’s facility received by the Debtor from the Bank, becomes matured and can be collected by the Bank, and the execution of all collateral, to pay off all Debtor's debt to the Bank.

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