POSITION OF RECEIVABLES IN FIDUCIARY GUARANTEE RELATED TO THE LINKAGE PROGRAM BETWEEN COMMERCIAL BANKS AND PEOPLES CREDIT BANKS Ni Made Sintia Tarisa, Johannes Ibrahim Kosasih, Putu Ayu Sriasih Wesna
Master of Notary, Postgraduate Program, Warmadewa University
Abstract
The linkage program is a solution in overcoming the liquidity of rural banks in banking practice, with the submission of third party receivables as collateral. The pattern used is executing, where Commercial Banks can directly execute third party receivables, legally the rights of Commercial Banks as creditors have been accommodated with this executing pattern agreement accompanied by guarantees in the form of fiduciary and cash collateral. The problem in this execution practice cannot be done directly to a third party, because the creditor does not enter into a new agreement with a third party. The method used is a normative legal research method, with a conceptual approach and legislation, the legal materials used are the Banking Law, Fiduciary Law, Civil Code. The implementation in practice of the linkage program agreement is not carried out in accordance with applicable legal provisions, but this is used as an effort to overcome the policy of the OJK in the credit policy for MSMEs of 20%. This legal loophole should be minimized with strict supervision from the OJK as a supervisory and supervisory institution for banks and other financial institutions.
Keywords: Fiduciary Guarantee, Receivable Position, Linkage Program
Topic: Law on Bussiness Competition, and Prohibition of Monopoly
