Juridical Analysis Credit Agreement Made Under the Hand

Abstract

An agreement as the regulation in the provision of Article 1313 in Civil Code Procedure stated that the agreement is an act where one person or more bind their self to the other person or more. An agreement that have been made by the side who had a legal consequences which bind the side who organize the agreement. Furthermore, an agreement can be done either spoken or written along it is agreed by all the side together. Kind of the practice of agreement is known to be numerous and one of the agreements which often happen regarding with the development of business, industry, economy, and banking is a credit agreement. Therefore, a credit agreement is the main agreement that contains of debts and receivables, terms, rights and obligations between creditor and debtor. Generally, credit agreement was done either by the Financial Institution or non-financial as the creditor with the public either individual or legal entity as the debtor. Moreover, credit agreement can be made by the writing form either deed under the hand or authentic deed which accordance with the requirements of an agreement in the provision Article 1320 of Civil Code Procedure. In addition, the cases which become the problems in this study are regarding how far the legal certainty and legal force for credit agreement that only made under the hand is.