Bank Indonesia, Bank yang Tidak Sehat, BPPN dan Masalah Kepailitan  

Oleh:

Suyatno, Thomas

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 7 (1999), page 35-41.
Topik: bank indonesia; bank indonesia; BPPN; kepailitan

Ketersediaan

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

Lihat Detail Induk

Isi artikel

There are those possible approaches of national banking liquidation namely : i. bank is adjudicated bankrupt ii. bank declares that its debtor is bankrupt iii. bank intervens the liquidation process of other party since its interest is disturbed / harmed Regarding bank liquidation before the effectiveness of law number 4 / 1998 regarding bankruptcy (UUK) there was practically no law on that matter. However, the law on bankruptcy expressly states that for any matters concerning debtors which are banks, the request for being adjudicated banruptcy can only be filed by bank indonesia (article 1 paragraph 3). In other words, there is no business partner able to touch the banks but bank indonesia. Actually the best choise for the bank indonesia is not to liquidate the banks, but how to make able to recover / resume their liquidity. The second possibility is bank intervenes the bankruptcy case filed by other party against a debtor. There are two possibilities that bank can make : i. intervention by the judge to decline the request for a bankruptcy since it is very unfavorable to the bank ii. requesting to tbe the preferred creditor in case the request for being adjudicated bankrupt is granted. In practice, the first alternative is very complicated and by performance is may greatly affect the bank's performance with all its multiple effects up to the real sector.

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