GUNARTO SUHARDI, - (2000) KEDUDUKAN DAN WEWENANG LEMBAGA PENGURUSAN PIUTANG NEGARA DALAM PERSPEKTIF HUKUM ADMINISTRASI. Disertasi thesis, UNIVERSITAS AIRLANGGA.

Text 9 KEDUDUKAN DAN WEWENANG LEMBAGA.pdf Download (19MB)

Abstract

Government activities in lending through its banks to individual and companies In normal economic condition would not create loan problems in a way that jeopardizing the whole monetary and economic condition of the state. Only government's involvement that are unmeasurable and excessive which will end up with such a worse situation. At this point ones could argue the reason why the Government as according to Presidential Decree No 26 I 1998 should take the role as guarantor of claim s from private bank's custom ers. This decision shows how unwise and uncontrollable role has been played by the government as in fact not long after that decision many private banks collapsed and their customers claimed for their deposH to the government. This unwise decision along with unprudent lending have made Indonesian monetary situation sliding to the worse with a huge uncollected government's receivable. To put an end to this situation and to solve the problem there should be any government agency which is credible, competent and backed by a new comprehensive and strong Act replacing the existing agencies ( The Committee For Recovery of Government's Receivable and Indonesian Banking Restructuring Agency) and the existing regulation which are conflicting and confusing. This agency should be a part of Indonesian Minister of Finance at the level of Director General which will be managed by professional official and its staff. To uphold the justice it is also a matter of necessity to create and to provide a Special Administrative Appeal Board for the debtor if by any reason he or she may has an objection to the decisions taken by the above Director General or its agency. This special Board's ruling still can be appealed up to The Supreme Court (Mahkamah Agung Republic of Indonesia). but due to the experience of the other countries especially The Netherlands there Is a hope that half of all complaints can be settled by this Special Administrative Board so that all parties will obtain a fair and quick settlement.

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