INDONESIAN BANKING LAW3

8/7/2019 INDONESIAN BANKING LAW3

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Lughni Zaid A.

Metta Renatie



` Article 1 no 2 UUP 1998

` Bank is a business entity whichcollects funds from the public in theform of deposits, and passes to thepublic in the form of credit and / or other forms in order to improve the

standard of living of the people.



UU No. 10 19981. financial intermediary that take deposits from

surplus units.

2. channel financing to deficit units.



function

� Central Bank

� Commercial

Banks� Rural Banks

Operationalactivities

� ConventionalBanks

� Syariah Banks

ownership

� State-OwnedBanks

� Private NationalBanks

� DevelopmentBanks

� Foreign Banks

� Foreign Banksin Joint Venturewith LocalBanks





PT BANK KESAWAN proposes bankruptcy petition to PT. Deemte

Sakti Indo(DSI), which is the guarantor of debt payment of PT.

Dharmala Realindo(DR). This debt, PT. Deemte Sakti Indo, is

caused by PT DR which doesn¶t pay the debt to PT BANK

KESAWAN. According to PT. BANK KESAWA, PT DSI has other creditor beside PT. BANK KESAWAN.

The court judges to pass the bankruptcy petition proposed by

PT.BANK KESAWAN.

Then, PT. DSI proposes cassation about the decision by arguing

that the court has applied wrong law, for PT DSI who is as guarantor

has right to ask creditor (PT BANK KESAWAN) to seize the all of the

wealth in PT DR. nonetheless, The court doesn¶t pass the cassation

proposed by PT. DSI.



` We agree to what court has decided,

passing the bankruptcy petition proposed

by PT.BANK KESAWAN, for it is like what

has been stated at article 1 paragraph 1UKK and article 1832 paragraph 1

KUHPer.



` Article 1831 paragraph 1 ³ The insurer is not

obligated to pay to the creditor, other than if the

debt in default, whereas the objects of this debt

had to be confiscated and sold to pay off debts "



` Article 1831 paragraph 2 ³ The insurer can not

claim that the objects owe it first seized and sold

to pay off debts. "

` Article 24 paragraph 1 no 37 2004 givesdescription that bankruptcy petition make the

debtor loss their civil rights to control and manage

the wealth that has been included at bankruptcy

wealth



1. In the event that the debtor is a company not a bank and not the brokers,

who may file a bankruptcy petition is filed:

a. Debtor,

b. One or more creditors,

c. Attorney.

2. In the event that the company is a corporate bank, which filed a bankruptcyis Bank Indonesia.

3. In the event that the company is a securities company, which filed a

bankruptcy was Bapepam.

4. UUK does not require the judge to call or ask for approval or at least hear

the opinions of other creditors (in terms of the bankruptcy petition filed by

one or more creditors). However, on the contrary also, UUK not prohibitcreditors if the judge summoned the others to be consulted or their consent

in connection with bankruptcy petition



There is a case between Lina and GLOBAL

BANK. Lina saves Money about Rp 238 millions at

BANK GLOBAL, but BANK GLOBAL has been

insolvent. GLOBAL BANK permit has beenunplugged by BANK of Indonesia. Lina proposed

cassation by proposing bankruptcy petition of

GLOBAL BANK. The court of south Jakarta judges

to pass Lina¶s propose, bankruptcy petition.



` We agree to the court¶s judgment because

GLOBAL BANK is not Bank anymore so that the

court can pass Bankruptcy petition proposed by

Lina. Therefore, Article 1 paragrpah 3 UUK cannot be used in this case.



` The term "bank" is a bank as stipulated in laws and

regulations. Filing a bankruptcy petition for the bank is

the sole authority of Bank Indonesia and is based solely

upon an assessment of financial conditions and banking

conditions as a whole, and therefore do not need to beaccountable. The authority of Bank Indonesia to file a

bankruptcy petition does not eliminate the authority of

Bank Indonesia in relation to the provisions on bank

operating license revocation, the dissolution of legalentities, and bank liquidation in accordance legislation.



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INDONESIAN BANKING LAW3