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INDONESIA
Brawijaya Law Journal
Published by Universitas Brawijaya
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BRAWIJAYA LAW JOURNAL, Journal of Legal Studies Brawijaya Law Journal (BLJ) is a newly established journal in the field of legal studies. The Journal is published annually by Law Faculty Brawijaya University, Indonesia. BLJ is an open access, peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The materials published include major academic papers dealing critically with various aspects and field of laws as well as shorter papers such as recently published book review and notes on topical issues of law. Printed version of the series can be printed on demand (POD). The website of the journal can be accessed through lawjournal.ub.ac.id
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Search results for , issue " Vol 1, No 1 (2014): Legal and Development" : 1 Documents clear
NATURAL DISASTER AS THE REASON TO WRITING OFF BANKING CREDIT IN INDONESIA Siahaan, Rudy Haposan
Brawijaya Law Journal Vol 1, No 1 (2014): Legal and Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2014.001.01.02

Abstract

Non-performing loans is a credit risk in the banking business. One of them is due to natural disasters and this is a force majeure  where the presence of unexpected events that occurred outside the fault of the debtor after entering into the agreement, these events preclude the debtor from fulfilling his achievements before debtor is declared to be negligent and therefore the debtor cannot be blamed and do not bear the risk for such events. Natural disasters are included in clause of force majeure. It must be explained the definition and criteria in the loan agreement in detail, as this brings the law result to writing off the debt (liabilities) to the creditor (Bank). The writing off bank credit as a result of natural disasters can be performed with the following reasons: a) The natural disaster was declared as a national disaster by the governments decision, b) Debtor bank including in the criteria that is directly affected by the disaster, and c) the obligation of reserving from the bank over loans given to debtor in the form of Loan Loss Provision (LLP). In addition to it, in practice, the non-legal factors settlement produce a new model law, therefore the writing off the non-performing due to natural disasters need strong legal basis within the framework of the legal system in the banking regulation in the form of legislation so that the force majeure clause of the Banking Credit Agreement has a binding force power.

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