LPDB: Civil Law, Middle Way to Secure Revolving Funds

In order to minimize the potential losses of the state, the Managing Director of the Rolling Cooperative Fund Management Institution, Micro, Small and Medium Enterprises (LPDB-KUMKM) Kemial Danial more prioritize the settlement of bad loans by the perpetrators of cooperatives and SMEs using civil law.

This was disclosed in the Focus Group Discussion (FGD) event as well as the socialization of the LPDB-KUMKM revolving fund distribution program with the theme “Legal Perspective in Revolving Fund Management KUMKM and State Financial Security Efforts” in Makassar, South Sulawesi, Tuesday (8/8/2017)

This event present a number of speakers, including Kajati Sulsel Jan Samuel Maringka, Dean of Law Faculty Hasanuddin University Farida Patittingi, ex-Supreme Court Justice HP Panggabean, criminal law expert from UII Suhardi Somomoeljono, KUMKM Head of South Sulawesi Syamsu Alam Ibrahim, and Kakanwil DJKN Sulseltrabar Anugrah Komara..

“Every case is directed to civil law because it is a government program based on Pak Jokowi’s ideals to alleviate unemployment and poverty, so we hope there will be no legal case in case of default unless the cooperative and UKM misuse this money,” said Kemas.

With civil law, said Kemas, the expectations of revolving funds lent can return through the sale of assets under the guarantor of creditors. While the application of criminal law as a last way to ensnare creditors who do not good faith.

“There is no risk whatsoever (if the criminal), we are the state budget money, do not be misused, we hope actor of cooperatives and UKM  who event of default will return the loan, if there is an asset, we will sell,” said Kemas.

Ex-Supreme Court Justice HP Panggabean added KUMKM asset recovery efforts can be done through internal coaching process of Public Service Agency (BLU) -LPDB or civil suit. Although the revolving fund is state financial, according to him, the settlement through criminal law is considered ineffective.

“because of the revolving fund is state financial, legal handling can be done through the Criminal Act of corruption, but its implementation is not always effective in minimizing the potential loss of the state,” Panggabean said

.He explained the effort to handle the problem of revolving fund loan can be done outside of Corruption process if LPDB side has gradually been able to do coaching and supervision. Whereas a civil lawsuit is committed whenever there is evidence of fraud from a creditor.

“The LPDB effort to implement a civil lawsuit with the help of public prosecutor’s office is justified by the BLU record already having a service SOP to handle cases of congestion implementation of the BLU agreement with KUMKM,” he said.

“The effort of LPDB to apply the civil lawsuit with the help of the local Prosecutor Office is justified by the BLU notes already has a service SOP to handle cases of congestion implementation of BLU agreement with KUMKM,” he said.

LPDB is an institution granted special authority by the Ministry of Cooperatives and SMEs as a government agency that implements BLU financial management pattern. The delegation of this authority as a form of government policy in the framework of protecting the national economy, especially business actors in Indonesia.

Therefore, according to criminal law expert from UII Suhardi Somomoeljono, the state’s right to collect as a result of a revolving funding policy run by LPDB may be submitted to the prosecutor in his capacity as a state attorney.

“In the civil and State Administrative, the public prosecutor’s office with special powers can act, both inside and outside the court, for and on behalf of the state and government,” Suhardi said.

Nevertheless, LPDB specifically has rules as main guidelines that must be obeyed together in carrying out the authority to channel revolving funds to the perpetrators of cooperatives and UKM in the legal format Permenkeu juncto LPDB board of directors on technical guidance of lending.

LPDB  driven to immediately conduct a national coordination meeting with law enforcers officials concerned in order to equate perceptions of legal case settlement. Therefore, it is expected that the government policy will not interfere in the framework of economic development especially for cooperatives and UKM.

“On the other hand, revolving funds in the community must be properly guarded from upstream to downstream in a legal perspective by basing on the principle of efficiency and productivity,” continued Suhardi.

FGD at once socialization of the revolving fund distribution program was held in order to form an agreement related to the problem solving mechanism of LPDB-KUMKM problem which was done by prioritizing the civil process first before the criminal process.

Futhermore, it aims to formulate the point of view between LPDB-KUMKM, prosecutor’s, Police in view of revolving funds as a government program in providing capital reinforcement for the actors of cooperatives and UKM in need.

Besides that, knowing the mechanism nullification of debt of LPDB-KUMKM account receivable for bad loans processed criminally and has obtained binding legal force or court verdict. (SHS / DS)

Source: https://www.kejati-sulsel.go.id/index.php/baca-berita/313/LPDB:-Hukum-Perdatakoma-Jalan-Tengah-Amankan-Dana-Bergulir

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