| Summary: | This study aims to determine how the application of the principle of good
faith in the credit agreement is, and to know the bank�s attempts to address the
debtors� failure to execute the credit agreement in good faith.
This is a juridical nature of empirical research, as conducted by field research
to obtain primary data and library research to obtain secondary data. Data obtained
both primary data and secondary data analyzed through qualitative method, than
presented in descriptively. This legal research uses a non-random sampling method,
it�s means that not all of the populations are given the opportunity to be the sample,
the sampling technique is using a purposive sampling method.
In practice the application of the principle of good faith in the execution of the
loan agreement can be seen from 2 (two) angles. Firstly, it is seen from the angle
whether an execution of the loan agreement can be declared legally feasible with the
emphasis on the results of the execution of the loan agreement and secondly, it is seen
from the angle whether a credit agreement can be declared legally feasible with the
emphasis on the morals of the involved parties in executing loan agreements. If a
credit agreement is executed properly, then it will be declared legally feasible. The
bank will take certain measures to deal with the execution of credit agreement which
fails to apply good faith principle. The bank in this matter will apply two methods to
tackle the problem depending on the reason why the debtors fail to execute the credit
agreement in good faith. If a credit agreement is not executed in good faith due to
external factors beyond the debtors' ability, the bank will take out-of-court action,
among others, rescheduling the payment of the credit, restructuring the terms of the
loan (reconditioning), and reorganization and recapitulation. If a credit agreement is
not executed in good faith because of the deliberate intention of the debtors
themselves, the bank can take court action against them to give deterrent effect.
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