PENYELESAIAN KREDIT MACET MELALUI LEMBAGA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU)
ABSTRACT: To enter the era of
globalization and face the ever-growing national economy moving fast, the
banking sector is one of the sectors that should be developed and fully
utilized to realize the income distribution. Terms of the law, the presence or
absence of bad loans that hit a bank, does not result in a shift or change in
the legal relationship between the creditor banks on the one hand and customers
who have bad credit debtors on the other.
The formulation of the problem that is discussed in this paper is on how
the handling of bad loans in the banking environment, and discussed the
relationship between the bagimanakah Suspension of Payment (PKPU) with bad
credit, and at the end of this thesis is discussed more about how loan
resolution through non Suspension of Payment (PKPU).
Handling bad debts in the banking environment is done in two ways: first,
preventive efforts in handling bad debts by banks and secondly, the bank will
undertake repressive measures to rescue the rescheduling loans (rescheduling),
the only change in credit terms regarding schedule payment and / or duration.
Relationships that exist between PKPU with bad credit is PKPU can be done
either to avoid bad credit. This is evident from the characteristic PKPU as
stated in Chapter III Section 222-294 UUK. Loan resolution through PKPU can be
done by both the debtor and creditor (bank) in order to propose a peace plan
that includes an offer to pay part or all of the debt to the creditor with the
following steps. Whereas in the case of PKPU petition filed by a creditor, the
court must grant the petition immediately PKPU no later than twenty days from
the registration of the application. The court must appoint a supervisory judge
and appoint one or more administrators. Commercial Court decision on temporary
PKPU is valid for a maximum of forty days and after that it should be decided
whether the PKPU can continue to be a PKPU regularly in accordance with Article
225 paragraph (3) Labor Law and PKPU; PKPU next stage is fixed, after a
specified delay while debt repayment obligations, the Commercial Court through
official must call the debtor and the creditor in question to appear in a
hearing held not later than forty-five days since the enactment of the decision
PKPU while. In the trial will decide whether it can be given PKPU be fixed with
a view to allowing debtors, trustees, and creditors to consider and approve
peace. The PKPU can be approved if it is still in accordance with Article 229
Paragraph (1) Labor Law and PKPU.
Penulis: Dini Syakina Siregar,
Ramli Siregar, Windha
Kode Jurnal: jphukumdd130493
