indonesian banking law3
TRANSCRIPT
8/7/2019 INDONESIAN BANKING LAW3
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Lughni Zaid A.
Metta Renatie
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` 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.
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UU No. 10 19981. financial intermediary that take deposits from
surplus units.
2. channel financing to deficit units.
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function
� Central Bank
� Commercial
Banks� Rural Banks
Operationalactivities
� ConventionalBanks
� Syariah Banks
ownership
� State-OwnedBanks
� Private NationalBanks
� DevelopmentBanks
� Foreign Banks
� Foreign Banksin Joint Venturewith LocalBanks
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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.
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` 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.
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` 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 "
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` 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
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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
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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.
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` 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.
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` 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.