Legal Perspective against Losses Suffered by Indonesia State-Owned Entities Banks Due to Non Performing Loan

Nun Harrieti

Abstract


Government ownership of capital to the state-owned entities (BUMN) derived from the wealth of the country that being separated, causing the management of bank could not be independently stipulation of state-owned entities and state finance act, of so withdrawing to review how is legal perspective against losses suffered by state-owned entities (BUMN) banks due to the non-performing loan (NPL)?, and how is the directors responsibility against loss suffered by state-owned entities (BUMN) banks due to non-performing-loan (NPL)?. The study was conducted using the methods of juridical normative approach which includes research on secondary data in the form of primary law, secondary law, and tertiary law materials research with descriptive analytical. The perspective of laws against losses suffered by state-owned entities (BUMN) banks due to non-performing loan (NPL) based on the decision of the constitutional court no. 77 / PUU-IX / 2011 dated 25 September 2012 is no longer an a financial loss for the state. Board of directors of state-owned banks cannot be personally liable for loss due to the NPL based on the business judgment rule, except the board of directors has violated provisions granting credit that had been determined and can be prosecuted in criminal manner if it meets the criminal elements, including corruption.

Aus. J. Law, Ethics & Gov. Vol 1(1), October 2015, P 1-13


Keywords


Bank; State-Owned Entities (BUMN); Non-Performing Loan; State Loss; Corruption; Credit

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