The Protection of Debtor Rights on the Stage of Household Credit Agreement Implementation

This research is an empirical research that aims to know and analyse the protection of the debtor's right in the implementation phase of mortgage loan agreement. One form of state responsibility under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia is through the implementation of housing and settlement areas so that the people are able to occupy a decent and affordable house in all areas of Indonesia. In order to help the government program, the banks offer mortgage loans. In the implementation phase of the mortgage agreement, the debtor's obligation to pay the debt is an obligation that must be implemented based on the agreed agreement. Based on the results, the determination of interest applied by banks in Indonesia is a combination of fixed rate and floating rate method. So, at the beginning of the credit, the bank offers a rate below 10% every year for a period of one to five years (fixed rate). However, after the fixed rate interest expires, the bank is entitled to fix the interest rate increase. By the time the floating rate interest is in effect, some borrowers are aware that the interest charged by the bank is larger than expected because the number of credit instalments suddenly increased without any notice from the bank. This causes some debtor customers to be unable to pay credit instalments.