DEBT GUARANTEE CHARGING BASED ON THE JUSTICE PRINCIPAL

Abstract

The purpose of this paper is to determine whether the imposition of forest guarantees is part of the risk mitigation of banks in channeling loans whether they are fair. This is important considering that the bank has issued a number of funds to borrow and must ensure that the funds are returned by the customer according to the agreed time period, so as a guarantee to bind the good faith of the customer is to impose a debt guarantee. This paper is based on a doctrinal research that uses a conseptual and statutory approach with secondary data sources. Conseptual uses justice principal , and statutory uses secodary datas. The results of the research show that the law provides rights and obligations for fund providers and borrowers in a fair and measurable manner. Conceptually, justice that provides equal opportunities for the parties is also realized by a contract that is not coercive, even though the debt obligation contract is part of a complement to the lending and borrowing agreement.