Jaminan kepastian hukum bagi debitur atas kebijakan restrukturisasi kredit saat pandemi covid - 19

Achmad, Feryliyan (2021) Jaminan kepastian hukum bagi debitur atas kebijakan restrukturisasi kredit saat pandemi covid - 19. Masters (S2) thesis, Wijaya Kusuma Surabaya University.

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Abstract

COVID-19 was determined by the World Health Organization (WHO) as a pandemic on March 11, 2020. COVID-19 is a disease caused by Corona virus infection. The COVID-19 pandemic has a negative impact on the economic sector, resulting in delays in credit payments at banks by debtors. Therefore, the government through the Otoritas Jasa Keuangan (OJK) issued a Peraturan Otoritas Jasa Keuangan Nomor 11/POJK.03/2020 Tentang Stimulus Perekonomian Nasional Sebagai Kebijakan Countercyclical Dampak Penyebaran Coronavirus Disease 2019 juncto Peraturan Otoritas Jasa Keuangan Nomor 48/POJK.03/2020 Tentang Perubahan Peraturan Otoritas Jasa Keuangan Nomor 11/POJK.03/2020 Tentang Stimulus Perekonomian Nasional Sebagai Kebijakan Countercyclical Dampak Penyebaran Coronavirus Disease 2019 (POJK) which aims to maintain banking and financial stability with a credit restructuring policy for debtors experiencing non-performing loans due to the impact of the pandemic COVID-19. However, this policy does not necessarily run smoothly because the substance of the POJK as the basis for the credit restructuring policy is still considered to have multiple interpretations in its regulation. Therefore, research in the form of this thesis was carried out using juridical/normative research methods and with a statute approach. As for the formulation of the problems raised, namely: Has POJK provided legal certainty for debtors over the credit restructuring policy during the COVID-19 pandemic? and are there still efforts that can be made by the debtor regarding the submission of a credit restructuring policy during the COVID-19 pandemic which was rejected by the bank? Based on the results of the study, it shows that POJK has not provided legal certainty guarantees for debtors on credit restructuring policies during the COVID-19 pandemic. This is because the substance of the POJK is not firm, unclear and incomplete in making arrangements related to credit restructuring policies during the COVID-19 pandemic. Meanwhile, because the POJK fully submits to the bank regarding the determination of the debtor and the POJK does not regulate the mechanism for submitting an objection, the debtor cannot make efforts on the bank's decision to reject the submission of its credit restructuring policy. Meanwhile, debtors can make efforts, namely if the bank has violated the prudential principle in conducting an assessment, namely by reporting to the OJK based on Article 4 letter c, Article 7 letter c and d of the UU OJK. Keywords: Legal Certainty, Debtor, Credit Restructuring Policy

Item Type:	Thesis (Masters (S2))
Uncontrolled Keywords:	Legal Certainty, Debtor, Credit Restructuring Policy
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Master in Law Sciences Study Program
Depositing User:	31 ACHMAD FERYLIYAN UWKS
Date Deposited:	20 Sep 2021 08:34
Last Modified:	20 Sep 2021 08:34
URI:	http://erepository.uwks.ac.id/id/eprint/10097

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