PENYELESAIAN TWO STEP LOAN BANK INDONESIA

Abstract

This research aims to provide an alternative solution to the Two Step Loan (TSL) problem which has not been resolved since 1999, and provide input for a breakthrough in managing the continuation of government loans through Investment Fund Accounts. It is hoped that this breakthrough will provide recommendations for more effective and efficient loan forwarding management innovations. This research uses a qualitative approach. Normative legal qualitative research methods focus on the scope of legal conceptions, legal principles and legal rules. The Bank Indonesia Law cannot necessarily be used as an operational basis for parties who have a mandate in it, but instead requires a new instrument in the form of a Presidential Decree, or Presidential Decree, or other form of delivery of the goods regulated therein. The Bank Indonesia Law regulates BI's authority and what BI cannot do in relation to the Two Step Loan, however operational instructions have not been made or there is no evidence of handover of work or duties from BI to the Government, in this case the Ministry of Finance. Based on this, the government does not have legitimacy as a creditor to carry out collections under BI's authority regarding the Two Step Loan as stated in the Subsidiary Loan Agreement (SLA). The government is considered to be violating or breaking the law if it carries out billing or determines billing procedures. This study concludes and recommends that the Government immediately process the formation of an Agency through a Presidential Decree or appoint a State-Owned Enterprise (BUMN) to manage TSL. For TSL related to BLBI, the appointed BUMN collaborates with the BLBI Task Force. Regarding TSL which is settled through the PKPU/Bankruptcy process, it is handed over to the Curator Team based on a court decision or determination, the appointed BUMN immediately contacts the Curator Team to request the right to settle the bill. The SMI Directorate must carry out accounting records in accordance with applicable regulations because de facto the management of BI TSL still lies with the SMI Directorate.