Resiko Hukum Atas Cessie Tagihan Piutang Sebagai Jaminan Kredit Pada Perusahaan Pembiayaan (Studi Pada PT. Permodalan Nasional Madani (Persero) Cabang Medan)

Abstract

Economic crisis experienced by Indonesia has destabilized the course of several business sectors either it is a big, medium or small scale business. This condition significantly influenced th e growth of Indonesia’s economy. The presence of PT. Permodalan Nasional Madani (Persero) gives hope to the world of business in Indonesia. In distributing its financial assistance to the micro, small and medium business practitioners, PT. Permodalan Nasi onal Madani (Persero) does it in two ways; first, the financial assistance is directly distributed through the Unit Layanan Modal Micro (Micro Capital Service Unit) the Business Unit of PT. Permodalan Nasional Madani (Persero), and second, through Koperasi (Cooperatives) and Bank Perkreditan Rakyat which have been corporate bodies. In the second way of distribution, one of the acceptable guarantees is cessie of receivable bill. Cessie is an agreement in which the creditor transfers his receivables (on behal f of) to the other party. During the implementation of its credit/financial assistance distribution with the cessie of receivable bill as the collateral, PT. Permodalan Nasional Madani (Persero) is faced to the problem of loss risk with the cessie of recei vable bill given as the collateral. This normative juridical study with statute approach focused on library research to analyze the regulations of legislation and legal materials related to this study such as how cessie of receivable bill is regulated in Article 613 of the Indonesian Civil Code and cessie of receivable bill as the collateral according to the existing law such as Law No. 42/1999 on Fiduciary Guarantee and the other related regulations which is then supported by interviews to obtain primary data. The result of this study showed that, first, in its development after the enactment of Law No. 42/1999 on Fiduciary Guarantee, the cessie of receivable bills was included into the Fiduciary Institution in which the cessie as the collateral bound by t he fiduciary guarantee. Second, in accordance with the procedure of imposition, the cessie of receivable bill must be preceded by its basic agreement, namely, financing agreement followed by fiduciary agreement. After the act of the fiduciary guarantee is signed, the owner of the right to guarantee or his legal representative registers it to the General Legal Servive Unit, the Department of Law and Human Rights. This registration is regulated in the Regulation of the Government of Indonesian No.86/2000, Chapter II, Article 2 paragraphs (1) – (4). Third, the Cessie of receivable bill as the collateral at PT. Permodalan Nasional Madani (Persero) had a high loss risk. The risks, among other things, the debtor does not keep his promise, the change of the nominal value of the cessie of receivable bill because one of the debtors has paid the credit, and the incident of force majeure.