PERLINDUNGAN HUKUM TERHADAP DEBITUR DALAM PERJANJIAN KREDIT BANK YANG MENCANTUMKAN KLAUSULA ASURANSI JIWA

The inclusion of life insurance clause in the credit agreement is a form of credit protection, and also as an instrument for the protection of the debtor's risk of death. Therefore, the aim of this research is to understand, analyze and explain the legal relationship between the debtors, banks,...

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Bibliographic Details
Main Authors: , ASRI SARIF, , Hariyanto, S.H., M. Kn.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2013
Subjects:
ETD
Description
Summary:The inclusion of life insurance clause in the credit agreement is a form of credit protection, and also as an instrument for the protection of the debtor's risk of death. Therefore, the aim of this research is to understand, analyze and explain the legal relationship between the debtors, banks, and insurance companies in the credit agreement of a bank which includes life insurance clauses, the legal effect of the inclusion of the clause on life insurance, and legal protection for debtors. This research is using normative legal research, so that the material used in this research is a secondary data which consist of primary legal materials and secondary legal materials. The analysis of the data used in this research is a descriptive qualitative by search and gather the data that has to do with the object and the problems studied, and then retrieved and compiled systematically to obtain a clear and complete picture, in order to obtain answers and conclusion of the problems studied. This research concluded that the debtors, banks, and insurance companies in the credit agreement that outlines the life insurance clause does not create legal relations that ensure the fulfillment of rights of the parties, especially the debtor. Legal consequences of the existence of the insurance clause in the credit agreement, in addition to the obligation to pay the mortgage loan, debtors are also required to pay insurance premiums. The inclusion of life insurance clause is still not able to give legal protection to the debtor as provided in the KUHPerdata, KUHD, as well as UU Perlindungan Konsumen.