Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Identification Conflicts Arising from the Relaxation of Credit Regulation in Relations between Creditors and Debtors in Indonesia

Author(s): Theresia Anita Christiani, Djoko Budiyanto Setyohadi, Chryssantus Kastowo

Relaxation is needed due to encouraging banking performance, maintain financial system stability, and support economic growth. Furthermore, it will impact some problems, particularly conflict arising among its stakeholder. Therefore, identifying conflicts arising caused by the relaxation of credit regulation is essential. This research is performed by a normative juridical study, using secondary data as the primary data. The data were processed by using qualitative analysis. The statutory and conceptual approaches are used in this study. This article informs about identification conflicts arising from relaxation credit regulation in the relationship between creditors (banking institutions) and debtors (society). The research result are that identification conflicts with the flexibility of regulation for banking institutions and debtors that have become obstacles to achieving legal objectives. Based on the theory of utilitarianism, the conflicts that have been identified must be immediately resolved on the ethical-moral basis of the law, to support the achievement of the aim of the law is the greatest happiness for the greatest number. This research's limitation is that this study finds answers to identification conflicts against flexibility banking principles in relations between creditors (banking institutions) and debtors. Research has not explicitly sought answers for comprehensive solutions to the identification conflicts. Further research that discusses and finds answers to identifying this conflict will help achieve legal objectives.

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