Settlement of Bad Debts through Civil Is Judged to Be More Effective

President Director of Revolving Fund Institution of Cooperatives and Small- and Medium-Scale Entrepreneurs (LPDB-KUMKM) Kemas Danial explains if the settlement of bad loans through civil law aims to minimize the potential loss of the state.

This he revealed in a discussion entitled ‘Legal Perspective in Management of Revolving Fund KUMKM and Efforts of State Financial Security’ in Makassar, South Sulawesi on Tuesday (8/8).

“Every case is directed to civil society because it is a government program according to Pak Jokowi’s ideals to alleviate unemployment and poverty. Therefore, we hope there will be no legal case in case of default, unless the perpetrators of cooperatives and SMEs misuse this money, “said Kemas in the event also attended by Kajati Sulsel. Jan Samuel Maringka it.

According to the Pack if the case of credit is dealt with by civil law then the levied revolving funds can keep returning through the sale of the asset to which the creditor guarantees. So the criminal law, said Kemas, becomes the last resort to ensnare a creditor who has no good intentions.

“There is no risk whatsoever (if criminal). We are the money of APBN, do not be misused. We hope that the misrepresents of the cooperatives and SMEs will return the loan. If there is an asset, we will sell, “said Kemas.

Former Supreme Court Justice HP Panggabean also agreed with Pack, according to him settlement through criminal law is considered ineffective.

“Since the revolving fund is state finance, legal handling can be done through Corruption Law. However, the application is not always effective to minimize the potential loss of the state, “said Panggabean.

Submitted To the Prosecutor

UII criminal law expert Suhardi Somomoeljono also assessed that the state’s right to collect as a result of the revolving funds policy run by LPDB could be handed over to the prosecutor in his capacity as a state attorney.

“In the civil and administrative sectors of the state, the attorney office with special powers may act, both inside and outside the court, for and on behalf of the state and government,” Suhardi said.

Previously LPDB-KUMKM appreciated the performance of South Sulawesi High Prosecutor’s Office. This appreciation was given for the success of South Sulawesi Kejati which has successfully collected problem loans from LPDB-KUMKM amounting to Rp100 billion more.

“In relation to the above points (2) and (3) above, on this occasion please allow us to express our deepest gratitude and appreciation for the assistance, coordination and cooperation and success achieved by the High Prosecutor of South Sulawesi. Jan S Maringka, Assistant for Civil and State Administration (ASDATUN) Much Zainal, in implementing the MoU, “said Kemas in a release received by on (17/7). (DS / yi)


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