Analisis Yuridis Terhadap Pemberian Kredit Jangka Pendek Melalui Kewenangan Bank Indonesia Terhadap Bank-Bank Bermasalah Dalam Pembayaran Kredit (Studi Terhadap Kasus Bank Century)

Abstract

Bank Indonesia as the central bank has the authority issued a policy in the short-term loans to rescue troubled banks. Bank Indonesia may provide funds to banks experiencing liquidity problems through the Short Term Funding Facility (FPJP) in the form of credit to cope with short-term financial problems to be resolved because if not addressed will affect systemic. The problems discussed in this study were: first, how is the setting of short-term financing facility in the banking system in Indonesia? second, how is the handling of troubled banks by Bank Indonesia through the mechanism of short-term credit? and third, whether the consideration of Bank Indonesia have addressed the Century Bank through the provision of short-term credit? The method used in this research that the normative juridical research that refers to the norms contained in the legislation and court decisions. Primary legal materials of Law No.23 of 1999 concerning Bank Indonesia junto Act No.3 of 2004 on Amendments to Law No.23 of 1999 concerning Bank Indonesia junto Act No.6 of 2009 on Stipulation of Government Regulation in Lieu of Law No. 2 2008 on the Second Amendment Act No.23 of 1999 on Bank Become Law. The conclusion suggests that the regulation of short-term financing facility pursuant to Article 11 paragraph (1), subsection (2), and (3) of Act No.6 of 2009 which was then governed No.10/26/PBI/2008 PBI and PBI. 10/30/PBI/2008 on Amendments to PBI No.10/26/PBI/2008 about FPJP for Banks and SE No.10/39/DPM. FPJP provided by Bank Indonesia to the bank to overcome the short-term funding difficulties caused by the flow of funds into smaller compared with the flow of funds out. Giving FPJP secured by collateral of high quality with adequate collateral value. Handling is done through decisions incorporated in it KSSK Ministry of Finance officials in coordination with Bank Indonesia as the lender of last resort (LoLR) as a lending institution that is the last as well as LPS as an independent agency authorized to implement the guarantee program of bank customer deposits failed or problematic in terms of liquidity. Consideration of Bank Indonesia in the handling of Century Bank through the provision of short-term credit and prioritizing independent BI competency as monetary and banking authorities in decision making through analysis in accordance with the provisions of the laws and regulations applicable.