Legal Consequences of Breach of Contract and Creditor Protection in Business Capital Loan Agreements
Year: 2026
Type: article
Abstract: Business capital loan agreements play a crucial role in supporting economic activities. However, their implementation is often vulnerable to breaches of contract, potentially resulting in financial losses for creditors and legal uncertainty between the contracting parties. This study aims to examine the legal consequences of contractual breaches in relation to creditors’ rights and analyze the forms of legal protection afforded to creditors under the Indonesian Civil Code. This study employs a normative legal research methodology using statutory, conceptual, and case approaches. The legal materials are analyzed qualitatively through legal interpretation and legal reasoning. The findings indicate that a breach of contract may take the form of failure to perform contractual obligations, improper performance, delayed payment, or violation of agreed contractual terms. In such circumstances, creditors are entitled to demand specific performance, claim damages, and seek contract rescission in accordance with applicable legal provisions. Legal protection for creditors may be provided through contractual safeguards, general and specific security interests, and dispute resolution mechanisms, both judicial and extrajudicial. This study concludes that integrating preventive contractual safeguards with effective legal remedies is essential to strengthening legal certainty, protecting creditors’ rights, and maintaining a fair balance of interests between the parties to business capital loan agreements.
Source: JIHK
Authors: Yesika Teresya Mamonto, Ariawan Gunadi
Institution: Tarumanagara University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225779375
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