Dilematis Penerapan Asas Keseimbangan dalam Pengembangan Usaha Kecil melalui Perjanjian Kredit Bank dengan dan Tanpa Jaminan Kebendaan (Studi Hubungan Hukum Antara Bank dengan Usaha Kecil)

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.