Tinjauan Hukum Atas Penggunaan Lembaga Kepailitan Sebagai Sarana Penyelesaian Piutang Bank
Banking is a financial institution which has an important role in the social life which is related to finance as it is stipulated in Act Number 10, 1998. Themain task of the Bank is tomobilize people's funds, to transfer the funds to the public in the form of loan and to establish thefinancial transaction, and the most important task of the Bank is toi loan. In establishing the credit management, the Bank is required to give understand anything about credit management, such as credibility, time, degree of risk, and performance. Besides that, In transferring the funds to the public, the Bank should know the basic principle of giving the loan, that is, it should be convinced about the debtors' potencywhich is based on character, capacity, capital, economic condition, and collateral in order that the loanwill be given to the right debtors. In this case, theBank should followthe prudential principle since any defaultwill eventuallycause credit riskEven (bough the process of giving the loan has been done properly, the Bank cannot avoid nonperforming loan. The problem is possible to be solved by legal process through the Bankruptcy institution. This type of institution should be implemented by the Bank, especially in handling the nonperforming loan of the corporation where the Bank; in this segment, is usually in the weak position Since the loan scale is big, theBank is not able to control the collateral. When this occurs, the Bankruptcy institution Ls the only strategic option for the Bank as the creditor. The bankruptcy institution can act as the effective alternative creditor because it has more efficient time since one of its principles is to protect the real creditor.The aim of this research was to explain the role of the Bank, the problem of nonperforming loan, the solutionof credit problems, the legal groundthe bankruptcy institution as the alternative creditor in handling the Bank's loan problems, the classificationof theBank's loanwhichcanutilize theBankruptcy institution, and some Victors which make the Bank reluctant to utilize the Bankruptcy institution, and to give comprehensive understanding about the advantages of utilizing the bankruptcy institution in order that it could be used asahe alternative solution of the Bank's nonperforming loan.This research used descriptive analytic method with judicial normative broach which explained and analyzedthe utilization of theBankruptcy institution in idling the Bank's loan.The result of the research showed that the practice of legal ground of the utilization of the Bankruptcy institution was related to Article 1131 of Civil Code and Bankruptcy Act and PKPU, whereas the class cation of the Bank's loan which was effectively solved through the Bankruptcy institutionwas the loanwhich came fromthe corporation credit. Some factors which made the Bank reluctant to utilize the Bankruptcy institution were the lack of understanding about the advantages of utilizingtheBankruptcy institution, the lack ofCommercialCourts throughout Indonesia, and the regulation about the settlement of the government's loan of BUM" banks through the Committee of the Government's Loan (PKPU. The advantage of utilizing the Bankruptcy institution in order that it could be used as the alternative solution of the Bank's loan was the guarantee that the creditors' rights were equal to the insolvent debtors' rights.It was recommended that the corporation debtors should pay off their debts in order to avoid the government's loss and harm economic stability, that the Bank as the creditor should utilize the Bankruptcy institution maximally, that any associated agencies should do their tasks professionally in order to utilize the Bankruptcy institution in handling the Bank's loam and that the lawmakers should attempt to provide a legal system which would not be in conflict with the regulations about the utilization of the Bankruptcy institutioninhandlingtheBank's loan, especially intheBank's loan of corporation credit.
Year of publication: |
2011-10-13
|
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Authors: | Hernawan, Dadang |
Other Persons: | Sunarmi (contributor) ; Yamin, Muhammad (contributor) ; Devi A, T.Keizerina (contributor) |
Subject: | Bankruptcy Institution | Bank's Loan |
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