The Role of Banks in Providing Credit

Oct 13, 2025 by magicalceylontours.com 131 views

Introduction

The banking system plays a vital role in the economy of a country, and banks have a significant responsibility in managing the funds collected from the public. One of the key functions of banks is to provide credit to customers, which is a crucial aspect of their business. However, providing credit without collateral (K.T.A.) poses a significant risk to the bank, as it does not have a physical guarantee to secure the loan. This study aims to examine the legal protection of creditors in credit agreements without collateral, with a focus on private banks in Medan City.

The Role of Banks in Providing Credit

Banks have a big responsibility for refunding the funds collected from the public. The use of funds in the form of credit distribution must pay attention to the principle of caution. According to Article 8 and Article 15 of the Banking Law Number 10 of 1998, the trust in the ability and ability of debtor customers is an important factor in the process of credit application. Collateral, despite having an important role, is not the main element in providing credit. In this case, loans without collateral (K.T.A.) are one of the products offered by the bank by providing credit without involving physical guarantee items.

Assessment Criteria in Giving Unsecured Credit

Assessment criteria for unsecured loans are basically the same as the assessment for credit given with collateral. The difference lies in the form of collateral that is not in the form of physical goods, but immaterial, such as reputation and debtor capacity. A careful assessment of the credit team is very important, and their professionalism can influence the decision of credit granting. The assessment criteria used by the creditor in providing K.T.A. are crucial in determining the success or failure of the credit return.

Level of Success and Failure of Credit Returns

The level of success in returning K.T.A. is very dependent on debtor business performance. Data shows that the rate of failure to return for unsecured loans is higher than the loans accompanied by collateral. This shows that a greater risk is in K.T.A., so it is important for banks to conduct good monitoring and cooperation with debtors and conduct periodic inspections through Bank Indonesia to reduce these risks.

Legal Protection for Creditors

From a legal perspective, protection for creditors is regulated in Article 1131 and Article 1132 of the Civil Code. This article explains that the creditor has the right to get a guarantee for debt payments from the debtor. This protection is very vital, especially in terms of dispute resolution that may arise due to default. The legal protection available to creditors in resolving disputes related to bad loans is essential in ensuring the sustainability of the bank.

Recommendations for the Future

Seeing the risks and challenges that exist, it is important to make further arrangements regarding several aspects of the agreement K.T.A. This includes transferring risk to third parties, such as credit insurance, as well as setting sources of funds and maximum limits on the distribution of K.T.A. which is tighter. In the event of a default, clear execution procedures must be applied so that the rights of creditor are well protected.

Conclusion

Unsecured loans offer convenience for debtors, but also hold large risks for creditors. Therefore, efforts to increase supervision, careful assessment, and strong legal protection are very necessary to ensure the sustainability of healthy credit relations between banks and customers. The study highlights the importance of legal protection for creditors in credit agreements without collateral and provides recommendations for the future to mitigate the risks associated with K.T.A.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on private banks in Medan City, which may not be representative of all banks in Indonesia. Secondly, the study only examines the legal protection of creditors in credit agreements without collateral and does not consider other factors that may affect the sustainability of the bank. Finally, the study relies on secondary data, which may not be up-to-date or accurate.

Future Research Directions

Future research can build on this study by examining the following areas:

The impact of credit insurance on the sustainability of banks
The role of credit scoring in assessing the creditworthiness of debtors
The effect of regulatory changes on the credit market
The relationship between credit and economic growth

By exploring these areas, researchers can gain a deeper understanding of the credit market and provide recommendations for policymakers and banks to improve the sustainability of the credit system.

References

Banking Law Number 10 of 1998
Civil Code
Bank Indonesia
Various studies on credit and banking

Note: The references provided are a selection of the sources used in the study and are not an exhaustive list.

Q: What is the main difference between credit agreements with collateral and credit agreements without collateral?

A: The main difference between credit agreements with collateral and credit agreements without collateral is the form of collateral used. Credit agreements with collateral involve physical guarantee items, while credit agreements without collateral (K.T.A.) do not involve physical guarantee items.

Q: What are the assessment criteria used by creditors in providing K.T.A.?

A: The assessment criteria used by creditors in providing K.T.A. are basically the same as the assessment for credit given with collateral. The difference lies in the form of collateral that is not in the form of physical goods, but immaterial, such as reputation and debtor capacity.

Q: What is the level of success in returning K.T.A.?

A: The level of success in returning K.T.A. is very dependent on debtor business performance. Data shows that the rate of failure to return for unsecured loans is higher than the loans accompanied by collateral.

Q: What is the legal protection available to creditors in resolving disputes related to bad loans?

A: From a legal perspective, protection for creditors is regulated in Article 1131 and Article 1132 of the Civil Code. This article explains that the creditor has the right to get a guarantee for debt payments from the debtor.

Q: What are the recommendations for the future to mitigate the risks associated with K.T.A.?

A: The recommendations for the future include transferring risk to third parties, such as credit insurance, as well as setting sources of funds and maximum limits on the distribution of K.T.A. which is tighter. In the event of a default, clear execution procedures must be applied so that the rights of creditor are well protected.

Q: What are the limitations of this study?

A: This study has several limitations. Firstly, the study only focuses on private banks in Medan City, which may not be representative of all banks in Indonesia. Secondly, the study only examines the legal protection of creditors in credit agreements without collateral and does not consider other factors that may affect the sustainability of the bank.

Q: What are the future research directions?

A: Future research can build on this study by examining the following areas:

The impact of credit insurance on the sustainability of banks
The role of credit scoring in assessing the creditworthiness of debtors
The effect of regulatory changes on the credit market
The relationship between credit and economic growth

Q: What are the references used in this study?

A: The references used in this study include the Banking Law Number 10 of 1998, the Civil Code, Bank Indonesia, and various studies on credit and banking.

Q: What is the conclusion of this study?

A: Unsecured loans offer convenience for debtors, but also hold large risks for creditors. Therefore, efforts to increase supervision, careful assessment, and strong legal protection are very necessary to ensure the sustainability of healthy credit relations between banks and customers.

Q: What are the implications of this study?

A: The study highlights the importance of legal protection for creditors in credit agreements without collateral and provides recommendations for the future to mitigate the risks associated with K.T.A. The study also emphasizes the need for further research on the credit market and the role of credit insurance in ensuring the sustainability of banks.