12 Jaminan Perorangan

Summary

The video discusses the concept of personal guarantees in the context of civil law, focusing on how a third party can guarantee a debtor's obligations. It explains the difference between material and personal guarantees, highlighting their use in business transactions, including bank guarantees. Key types of guarantees, such as credit guarantees, bank guarantees, and government guarantees, are outlined. The speaker also details the legal consequences for guarantors, the binding nature of agreements, and how payments or defaults are handled. The material concludes with an emphasis on understanding the various forms and implications of personal guarantees in legal agreements.

Takeaways

• 😀 Personal guarantees are a form of non-material guarantee, distinct from material guarantees like pawning or fiduciary mortgages.
• 😀 The term 'boroh' (or 'bortoh') in Javanese culture refers to a personal guarantee, originating from Dutch legal terminology.
• 😀 Personal guarantees involve a third party (the guarantor) agreeing to fulfill a debtor’s obligations if the debtor defaults, without prioritizing specific assets.
• 😀 Personal guarantees can be made by individuals or legal entities, such as corporations, and the principles of the guarantee agreement apply similarly in both cases.
• 😀 Personal guarantees are commonly used by banks, with the guarantor (often the bank) ensuring the debtor’s obligations are fulfilled in case of default.
• 😀 A guarantee agreement (e.g., in Article 1820 of the Civil Code) is a contract where a third party guarantees the debtor’s obligations, potentially without the debtor’s knowledge.
• 😀 Binding a personal guarantee can be done via a deed under hand (for smaller amounts) or an authentic deed (for larger amounts), with banks often involved in drafting the agreement.
• 😀 The personal guarantor’s assets (both present and future) are used to fulfill the debtor’s debt in the event of non-payment.
• 😀 There are three main types of personal guarantees: credit guarantees, bank guarantees, and government-backed guarantees for specific purposes such as small business credit.
• 😀 Legal consequences of personal guarantees include the guarantor's obligation to pay the debt only if the debtor defaults, with certain legal protections to avoid undue financial burden on the guarantor.

Q & A

What is the main focus of the discussion in the provided script?

The script focuses on personal guarantees, specifically explaining the concept, types, and legal implications of personal guarantees, as well as their differences from material guarantees.

What is the meaning of 'boroh' in the context of the script?

'Boroh' is a term used in Javanese referring to a personal guarantee. It originates from the Dutch word 'bortoh' and signifies a non-material guarantee, unlike material guarantees such as pawning or fiduciary mortgages.

What is a personal guarantee according to the script?

A personal guarantee is an agreement where a third party (guarantor) guarantees the fulfillment of a debtor's obligations. It creates a direct relationship with the individual guarantor and does not provide rights over specific objects but rather relies on the assets of the third party to secure the debt.

What is the role of banks in personal guarantees?

Banks can act as guarantors in personal guarantees. In this case, the bank ensures that the debtor's obligations are fulfilled, even if the debtor fails to meet them. This is commonly known as a bank guarantee.

What is the difference between personal and corporate guarantees?

The main difference lies in the type of guarantor: personal guarantees involve individuals as guarantors, while corporate guarantees involve legal entities or businesses acting as guarantors. Both types follow similar principles unless otherwise stated in the corporate agreement.

How are personal guarantees formalized?

Personal guarantees can be formalized through an agreement made under hand or with an authentic deed, depending on the amount involved. A bank typically prepares the draft agreement, and a notary can authenticate the agreement if needed.

What are the types of personal guarantees mentioned in the script?

The script mentions several types of personal guarantees: credit guarantees, bank guarantees, and government institution guarantees. These differ in terms of who provides the guarantee (individuals, banks, or government bodies) and the specific conditions of the guarantee.

What is the legal consequence for a guarantor if the debtor fails to fulfill their obligation?

If the debtor defaults on their obligation, the guarantor is responsible for fulfilling the debt. However, the creditor is not required to seize the debtor's assets first unless explicitly stated by the guarantor.

What does Article 1833 of the Civil Code say regarding the guarantor's rights?

Article 1833 of the Civil Code allows the guarantor to demand that the debtor’s goods be sold or seized first before the guarantor is held responsible, unless the guarantor has waived this right.

What happens if there are multiple guarantors for the same debtor and debt?

If multiple guarantors are involved, each is responsible for the entire debt. However, they can demand that the debt be divided among them, and if one guarantor cannot pay, the others are responsible for covering their share.