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LEGAL PROTECTION FOR CREDITOR WHO USE WORK-ORDER LETTER (SPK) AS COLLATERAL ANALYZED BY BANKING ACT AND
COLLATERAL LAWS
ABSTRACT
Banking is one of industries that growing as a consequence of modernity. Bank has two functions: intermediary function and economic distribution function. In regard to the intermediation function, the bank offers loans to potential costumers that have eligibility to pay back. The bank requests guarantee when a costumer asks for loan. A guarantee is needed to create secured environment for the bank. In this case, one of objects that can be used as a guarantee is Work-Order Letter (SPK). In Indonesia, Bank Tabungan Negara, Ltd or BTN is one of the banks that accepts SPK as guarantee. BTN classifies SPK as Material Guarantee. In providing loan, the bank has always to be guided by prudential banking principle. This process aims to minimize the unexpected risks. Besides, the loan provision has also to be guided by the Act number 7 of 1992 on Banking that has been revised by the Act number 10 of 1998, as well as collateral regulation.
This project applies Normative-Juridical as research method. Therefore, this project discusses doctrines or principles within law studies and also refers to the norms in regulations, verdicts, and society. This project also views synchronization between a regulation and other regulations hierarchically.
