The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia

Henrikus Renjaan

Abstract


This research reviews two issues: Firstly, it describes the imple-mentation of the receivable write-off of State-Owned Bank (BUMN Banks) in Indonesia, and secondly, it describes the relevance of the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of state-owned banks in Indonesia. This research uses normative and empirical juridical approaches. The normative approach includes research on the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of the state-owned bank, while empirical research is conducted to determine the process of claim abolishment by state-owned banks in Indonesia. The outcomes of the research indicate that the unresolved legal problem related to the state financial position in the state-owned banks due to conflict of public and private law norms causes the directors of state-owned banks have not dared to do the process of claim abolishment. Therefore, consi-dering that the principle of autonomy of directors and good corporate governance is enforced properly, no one is concerned about the risk of corporate policies related to the process of claim abolishment from a state-owned bank because, in its very essence, it is a Business Judgment Rule in the banking business practice.

Keywords


Bank; BUMN; Good Corporate Governance; State-Owned Banks

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References


Djumhana, M. (2003). Hukum Perbankan di Indonesia, PT. Citra Aditya, Bandung.

Jenie, S.I. (2009). Itidak Baik, Perkembangan Dari Asas Hukum Khusus Asas Hukum Umum di Indonesia, Bulaksumur; Menggagas Kesejahteraan Sosial, Purnagama (KAGAMA) and IMPULSE, Kanisius, Yogyakarta.

Khairandy, R. (2014). Company Law Limited, FH UII Press, First edition, Yogyakarta.

Nogi, T.H. (2003). Mengelola Kredit Berbasis “Good Corporate Govermance”, Balairung and Co. Yogyakarta.

Regulation of the Financial Services Authority No. 55/POJK.03/2016 on Implementation of Governance for Commercial Banks.

Regulation of the Minister of Finance No. 168/PMK.06/2013 on Procedures for Handling Returns receivables derived from the delivery of State-Owned Enterprises/Regional-Owned Enterprises that invest partly or wholly owned by State-Owned state/Regional-Owned Enterprises

Sukatendel, F.M. (2006). Kredit dan Masalah Keuangan: Panduan Bantuan Hukum Di Indonesia, YLBHI and AusAID, Jakarta.

Sulistiowati, Key Witness at the alleged corruption trial of credit irregularities in BRI and Bank Mandiri in the Corruption Court of Semarang. Wednesday, May 24, 2017.

Wilamarta, M. (2002). The Rights of Minority Shareholders in the framework of good corporate governance, the Graduate Program in the Faculty of Law, University of Indonesia, Jakarta.




DOI: http://dx.doi.org/10.20956/halrev.v4i2.1298

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Hasanuddin Law Review (ISSN Online: 2442-9899 | ISSN Print: 2442-9880) is licensed under a Creative Commons Attribution 4.0 International License. Preserved in LOCKSS, based at Stanford University Libraries, United Kingdom, through PKP Private LOCKSS Network program.

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