RECONSTRUCTION OF BANKRUPTCY METHOD TO BANK PROBLEM AFTER CONSTITUTION COURT DECISION NUMBER 1/PUU-XVI/2018

Abstract

This research is motivated by Article 66 paragraph (1) of Bank Indonesia Regulation Number 14/15 / PBI / 2012 concerning Assessment of Commercial Bank Asset Quality which states: "Banks are required to have written policies and procedures regarding write off and write off". Article 69 paragraph (1) of the Financial Services Authority Regulation Number 16/POJK.03/2014 Regarding Quality Assessment of Sharia Commercial Banks and Sharia Business Units Write Off Books and Write Off: "Banks are required to have written policies and procedures regarding write off and write off. The results showed that mutatis mutandis should be creditor subject to the banking system standards in terms of settlement of receivables and creditors have the authority to write off and write off as banks. However, the authority not being affirmed in terms of the authority to manage wealth in the form of receivables results in no definitive settlement of the receivables which results in legal uncertainty. This uncertainty has an impact on increasing the burden of handling credit management by creditors, besides that it should be based on the provisions of the Banking Act, Bank Indonesia is given the authority to revoke business licenses of problem banks. The Bankruptcy Act also authorizes Bank Indonesia to file for bankruptcy on problem banks. So far, Bank Indonesia in handling troubled banks after the rescue effort was unsuccessful using the liquidation process, has never used bankruptcy efforts.