Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat
Vol. 6 No. 1 (2020): April

PERMASALAHAN HUKUM PENGALIHAN RISIKO KREDIT SINDIKASI MELALUI INSTRUMEN CREDIT DERIVATIVE

Handriyanto Wijaya (Universitas Sebelas Maret-Surakarta)



Article Info

Publish Date
30 Apr 2020

Abstract

The main function of a bank is as an institution that collects and distributes public funds. Credit isthe main activity of a bank's business to channel funds to the public. One legal basis for grantingcredit is by agreeing on a credit agreement. In granting loans in a very large amount, thenusually the bank will provide syndicated loans. Lending is dedicated credit lending by involvingmore than one bank, not only domestic banks but also by foreign banks. In providing syndicatedloans, it is common practice to transfer syndicated loans to other parties as stipulated in thesyndicated loan agreement. The transfer of syndicated loans to other parties is a right owned bythe creditor which is indispensable in order to avoid credit risks related to violations of the LegalLending Limit (BMPK) to debtors as well as to overcome the liquidation problems of banksparticipating in the syndicated loan agreement. Credit Derivative (CD) is a financial instrumentby transferring some or all of the risk of debtor debt obligations from one party to another party.The CD instrument was issued for the benefit of syndicated creditors in anticipation of default bydebtors. The CD instruments used in transferring syndicated credit risk include Credit DerviativeSwaps (CDS), Credit Linked Notes (CLN), Total Return Swaps (TRS) and Total Rate of ReturnSwaps (TRORS). Keywords: Credit Risk; Credit Derivative and Sydicated Loan.

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Journal Info

Abbrev

tora

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

A journal to publish high-quality articles published for all aspects of research and the latest extraordinary developments in the field of Law. This journal number published by p-ISSN: 2442-8019 and e-ISSN 2620-9837 is a scientific journal published by the Faculty of Law, Universitas Kristen ...