Legal Certainty for Debtors in the Collateral Takeover Mechanism at Rural Banks
Abstract
Bad loans are a serious problem in the banking sector, not only harming financial institutions but also impacting the economic conditions of debtors. This study aims to evaluate the implementation of the Collateral Takeover mechanism in resolving bad loans at Rural banks. The method used is empirical, based on field observations and regulatory analysis, as well as legal literature. The results of the study indicate that the Collateral Takeover mechanism includes several stages, starting from identifying problem loans, taking over assets, assessing, selling, to recording in financial statements with settlement within an uncertain deadline. Existing regulations including Financial Services Authority Regulation Number 1 of 2024 concerning the Asset Quality of Rural banks have not provided legal certainty to debtors, especially regarding the time period for resolving Collateral Takeover. Challenges in implementing Collateral Takeover include unclear regulations, lack of creditor participation in auctions, high legal costs, and minimal education and access to legal assistance for debtors. These obstacles hinder debtors from obtaining legal certainty.
References
Andriyani, Riska, and Kamaliah. R. (2023). Implementation of PNM Mekar Financing in Increasing Micro Businesses Based on Creative Economy Reviewed from Maqasid Sharia. Journal of Islamic Economics and Finance 2 (1).
Aufa, Ismaul, M. Elfan Kaukab, and Ahmad Fahmi Nugroho. (2023). The Role of Wonosobo Regency Government in the Recovery of MSMEs Post Covid-19 Pandemic. MAGNA. Journal of Economics, Management, and Business 2, (1) https://doi.org/10.32699/magna.v2i1.3975.
Avivah, Lisnadia Nur, Sutaryono Sutaryono, and Dwi Wulan Titik Andari. (2023). The Importance of First-Time Land Registration in the Framework of Legal Protection of Land Certificate Ownership. Tunas Agraria 5 (3) https://doi.org/10.31292/jta.v5i3.186.
Chaeroni, Ahmad, and Latifa Mustafida. (2021). Settlement of Credit Agreements with Motor Vehicle Ownership Guarantee at the Limited Liability Company of the Rural bank, Gadjah Mada University, Yogyakarta. Fortiori Law Journal 1 (2).
Dalimunte, Rio Pambudi, Hanonsari Paramita, and Syarifah Adilla. (2018). Challenges of New Digital Communication and the Industrial Revolution 4.0. Proceedings of the 2nd National Communication Conference (1).
Haryansah, Dodi. (2021). Settlement of Bad Credit with Collateral as an Effort to Restore Banking (Case Study of PT. Bank Sulawesi Utara Gorontalo).Lex Administratum 9 (5).
Laia, Yusmani, Rahmad Rifai Lubis, and Rudolf Silaban. (2022).Legal Protection for Bank Customers Linked to Law Number 8 of 1999 Concerning Consumer Protection.Jurnal Rectum: Legal Review of Criminal Act Handling4(2).https://doi.org/10.46930/jurnalrectum.v4i2.1988.
Safitri, Yunia, and Abel Tasman.(2021).Analysis of Credit Risk Management in BTN Home Ownership Credit Products. Ecogen Journal 4 (2). https://doi.org/10.24036/jmpe.v4i2.11107.
Salamah, Ade. (2023). Prudential Banking Principles in Sharia Financing to Reduce the Risk of Non-Performing Loans. VERITAS 9 (1). https://doi.org/10.34005/veritas.v9i1.2598.
Schumacher, Julian, Christoph Trebesch, and Henrik Enderlein. (2021).Sovereign defaults in court. Journal of International Economics https://doi.org/10.1016/j.jinteco.2020.103388.
Siregar, Dahris. (2024). Legal Effects of Credit Agreement Restructuring on Collateral in an Effort to Rescue Non-Performing Loans. Prasada Law Journal 11 (1) https://doi.org/10.22225/jhp.11.1.2024.1-8.
Subagyo, Heri, and I. Made Kanthika. (2023). Legal Protection of Separatist Creditors Against Third Party Collateral in Bankruptcy Cases (Case Study of Bankruptcy Case Number: 21/PDT.SUS.OTHER LAWSUITS/2019/PN.NIAGA SBY., Juncto Case Number18/PDT.SUS/PKPU/2018/PN.SBY. Journal Equitable 8 (2). https://doi.org/10.37859/jeq.v8i2.4953.
Tektona, Rahmadi Indra, Moh Ali, and Anang Suindro. (2023). Legal Certainty of Execution Auction of Mortgage Objects Based on Parate Executie. Journal of Law and Social Politics 1 (3). https://doi.org/10.59581/jhsp-widyakarya.v1i3.533.
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