Perlindungan Hukum Terhadap Lembaga Perbankan Sebagai Kreditur Penerima Hak Jaminan Resi Gudang
| Main Author: | Batubara, Larisa Muchdani |
|---|---|
| Other Authors: | Nasution, Bismar, Suhaidi, Siregar, Mahmul |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/34365 |
Daftar Isi:
- Banking are generally less interested in giving credit to the agribusiness sector by reason of the high risk of failure. Indonesia as a country agraris largely of residents are farmers need financing system that can help them from difficulty capital and limited credit guarantee. To solve the problem, on July 14, 2006 the Government and the House of Representatives of Indonesia has passed Undang-Undang No. 9 of 2006 about Warehouse Receipt System, have been emended became Undang-Undang No. 9 of 2011 on amendment of Undang-Undang No. 9 of 2006 about the Warehouse Receipt System (UUSRG), that the objective is to to help hard-pressed farmers in meeting working capital and provide legal protection for banking institutions in channeling credit working capital through the Warehouse Receipt Security. Therefore, carried out research on the development of Warehouse Receipt system in granting credit by banks, obstacles faced by banks as the recipient of the guarantee rights and legal protection for the bank as a guarantee of rights of recipient Warehouse Receipt. This research is descriptive by approach in a juridical manner normative namely library research or study document conducted only on related regulations of the Warehouse Receipt system and supported with interviews to the respondent that to the Supervisory Agency Warehouse Receipt systems of Badan Pengawas Perdagangan Berjangka Komoditi (Bappebti) and to the credit of some banks, such as Bank Rakyat Indonesia (BRI), Lippo Bank, Rabobank and Bank Ekonomi. The results showed the limited role of banks in providing loans with guarantees related to the development of Warehouse Receipt and the application of the system in the Warehouse Receipt in Indonesia. The Implementation of Warehouse Receipt system in Indonesia recently is still in level of refinement and development of infrastructure and institutional support operation of the Warehouse Receipt. At the Implementation, theres problem faced by banks as Price fluctuations ,collateral rights holders, and the object of security and guarantee execution of goods through parate executie institutions that still have potential problems in the implementation, especially about the validity of the goods and related procedures that guarantee the execution of the goods. UUSRG and other implementers have set rules to such a degree of legal protection for rights holders guarantee that is by involving institutions or institutions supporting the implementation of the Warehouse Receipt system. The recommendation for this research is the need for government’s role in the socialization of the Warehouse Receipt Security Rights to the public and financial institutions, make equitable development in various areas of Indonesia projects Warehouse Receipt System, enhance institutional support of the Warehouse Receipt system operation. Bank have to mitigate the risk to overcome doubts about the validity of the acquisition of goods, and the need for a comprehensive understanding of the law enforcement agencies as parate executie privilage granted by law to guarantee the rights holder material.
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