Tinjauan Kritis Penyelesaian Perkara Kepailitan dan Likuidasi Bank  

Oleh:

Simanjuntak, Ricardo

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 23 no. 3 (2004), page 88-97.
Topik: likuidasi; kepailitan; likuidasi bank

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.5 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

A positive movement of government ot create food corporate governance in term of law reformation products may have no impact on community if there seems inconsistency in law enforcement. Moreover, the law reformation products still leave provlems such as law no. 4 / 1998 which is given a special right to bank of indonesia as stated in article 1 section 3 of the law, viz : "In case the debtor is abank, petitioner to declare bankruptcy may only be filed by bank of indonesia." The article may cause a potental conflict between bank of indonesia and the concern - parties (creditors). The problemis in case that creditos's initiative ot declare bankruptcy addresses to a certain bank having a due debt and payable according to article 1 section 1 of the law, within a settlement process involving bank of indonesia as mediator, and in fact there is no result, could bank of indonesia's role according to the article and the creditor's right to declare bankruptcy of the bank ? In other word, may bank of indonesia just declares that the concerned bank is not in the stated of bankruptcy ? That potential conflict may be reduced by geenrating further regulation consisting detail implementation and burder - line of BI authority as stated in the article 1 section 3 of the law and if BI is not following the guidance what the legal consequence will.

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