PENYELESAIAN KREDIT MACET MELALUI PENGAMBILALIHAN ASSET DEBITUR (AYDA) BERUPA TANAH DAN BANGUNAN SEBAGAI ALTERNATIF PENYELESAIAN KREDIT MACET DI BANK CENTURY, TBK DI JAKARTA ( Debtor's Asset Expropriation (Expropriated Security - ES) as the Alternative of Failed Credit Resolution at Century Bank, in Jakarta, 102 pages, 2009)

Abstract

Several problems will be presented in this paper, which are, what are the reasons used by the bank in determining if the debtor has violated the agreement and in determining the necessity of expropriating debtor's assets (ES), in form of land and building, to resolve failed credit? How is the execution of failed credit resolution process through the expropriation of debtor's assets (ES) in form of land and building, applied to the debtor violating the agreement? In analyzing the above-mentioned problems, the writer uses an empirical method, meaning that this research refers to the law and order connected with the discussed problems by observing literature materials or secondary data in connection with the subjects that will be discussed, connected to the practices in the site, thus, the data collected from the site are able to be examined using the utilized literature materials. Both kinds of the above-mentioned data (data collected from the site and literature materials) are processed using a qualitative analysis. In determining failed credit, the bank uses 3 (three) bases of assessment aspects, which are, business prospect, performance, and ability to perform credit payment. From those three aspects, the collectible levels can be determined, which are, smooth, under a certain attention, not so smooth, doubted, and failed. If the credit is failed, therefore, the bank will conduct various resolution measures; one of them is by conducting debtor's asset expropriation (ES) provided to the bank as security. ES is conducted because of the complicated matters of Security Rights and the rising number of failed credits in a short term, influencing negatively on the level of Sell- Buy Binding Agreement (SBBA) and Authority to Sell, which certainly bring risks to the bank itself because SBBA has not transferred the ownership status upon the security object to the buyer. This is conducted because there are still many obstacles in the execution of ES, such as, legal terms limiting subject who may have a property right upon land, high tax, expropriation process with a short tern, and so on. Therefore, a breakthrough in the terms of law and order that are able to accommodate all obstacles in ES execution is required. One of them is such as what have been applied to the Indonesian Banking Restructuring Agency. To realize the above terms of law and order, therefore, cooperation among the authorized institutions related to ES execution is required.