Analisis prinsip kehati-hatian bank terhadap pemberian kredit dengan agunan berupa tanah : Neni Erlianti

Neni Erlianti

Abstract

According to Law no. Article 10 of the 1998 Banking Act states that banking is everything related to banks, including institutions, businesses and ways and processes of doing business, and banks are transactions in which money is collected from public savings and channeled as credit to debtors and/or improving people's standard of living. This study uses a normative juridical approach. This method is a legal research method that uses a statutory approach with legal materials used including primary legal materials, secondary legal materials, and tertiary legal materials. The legal material analysis method used in this study is the normative juridical approach, through a statutory approach with legal materials used including primary legal materials, secondary legal materials, and tertiary legal materials. The principle of prudence (prudent banking principle) is a principle or guideline which states that a bank in carrying out its business functions and programs must be prudent in order to maintain public funds entrusted to it. This is stated in Article Number 10 of 1998 as an amendment to Law Number 7 of 1992 concerning Banking, that Indonesian banking in carrying out or conducting operations is based on economic democracy by using the precautionary principle. There is one article in the Banking Law which clearly contains the substance of prudential principles, namely in article 29 paragraph 2, 3 and 4 of Law Number 10 of 1998. The conclusion from this research is that in the context of suppressing the growth of non-performing loans, the government also issued a policy regarding the maximum limit in lending (Credit Granting Limit) by issuing the Decree of the Board of Directors of Bank Indonesia No.31/177/KEP/DIR of 1998 concerning the maximum limit for providing credit, which is where the maximum limit for providing funds allowed for bank capital.