Tanggung Jawab Pengurus Bank dalam Kredit Bermasalah

Abstract

Bank is an industry or financial institution and one business with strict rules and clauses for the sake of protecting the bank and public. Bank will not be existed without the trust from the society. Hence, the basic principle of the bank is the trust from the society which is called as fiduciary. The main task of a bank is to collect the money from the society and redistribute them for the public. Bank can be said as the mediator among those with excessive money and those who are lack of the fund. In the process of collecting and distributing the money, bank creates strict regulation. Credit is as the biggest part activity in a bank. Also, it is as the biggest income and profit for the bank. In credit giving, the creditors should get the gain such as the profitability and safety. Hence, the profit is real. Creditor loaner and credit acceptor are with the risk. The risk on the creditor loaner is such as the failure on payment, whereas the risk on the credit acceptor is self-dealing. Other risks can be in the form of credit management risk, loyalty risk and others risk. In enhancing the performance of the bank, protecting the stakeholder's interest and adding the loyalty to the prevailed rules and etiquettes in the banking industry, Indonesia bank issues one rule of pbi no: 8/4/pbi/2006 and pbi no: 8/14/pbi/2006 concerning with good cooperate governance. Even though the bank follows such as the strict rules, there are many problems found in credit either in small or big scale such as global bank, dwipa bank, mandiri bank and andromeda bank and others. During the bank is facing the problem, there will be always credit problem. The credit can be caused by bank, or it may cause by customers. In implementing the bank, fiduciary theory applies. It is concerning with the trust theory. Act no. 40 of 2009, article 97 verse (2), it is stated that each of the member of the director is with good-wish and fully responsibility in implementing the task in the company. The objectives of this research are to know and describe the principle of fiduciary duties in the management of the bank, explain the credit problem as the main hindrances in banking industry and explain the responsible persons in the credit problem. To assess the problem mentioned above, the research is carried out in analytical descriptive using yuridicative- normative approach method. From the result of research, it is found that the director in implementing the task as bank management must do it with full of responsibility and also follow the prudential principles. The risk in implementing the bank is so high, hence the requirements for the principle of prudential is higher compared to other companies. Those directors and commissioners who fail in implementing the task will be given the sanction such as administrative and criminal sanction such as stated in article 37 verse (30, article 69 verse (3) article 95 (5), article 101 verse (2), and article 104 verse (2) act no. 40 2007 concerning with limited company. The credit problem has been as the main hindrance in banking industry, and as it is commonly known that the credit is as the main activity in banking to get the profit. In credit giving, the problem is frequently found. The failure in getting back the credit may lead into the loss for the bank. The loss may be caused by less of prudential and also caused by the negligence of the debtor. Some causes of the failure for the credit giving are such as from internal bank. It includes analysis weakness, credit document, guarantee weakness, supervision weakness, officer's negligence, and dispute. Debtors' internal can be in the form of character problem, the wish to pay, low wish to manage the business, careless action. External factors by the situation of the economy can be in the form of business failure and the incapability in managing the business. In the case of the failure in managing the credit, those persons who are responsible for the case are the directors and commissioners as the supervisor. Their responsibility can be seen from their loyalty to the rules, the responsibility to the function of loyalty the application of risk management regarding the maximum credit giving. An example for this case is neloe bank in mandiri bank which disputed the principles of prudential and the case in andromeda bank which disputed the loyalty in giving maximum credit. In avoiding bigger loss, it is attempted the cooperative efforts with the debtors by the way of restructure with the aims to avoid the loss for the bank, facilitate the debtors, and to avoid solving the problem using the law institution. In conclusion, in the management of the bank, the director and commissioner should follow the fiduciary task and by obeying the prevailed rules including the obedience to bcg. Professional and qualified human resources have been as an important point to consider in implementing the banking tasks. Credit is as an important income resource for the bank. In credit giving, there is credit problem. Hence, in managing the credit, the management of the bank must refer to the banking rules including bcg issued by the Indonesian bank. It is suggested to add the human resources management by holding the training and following the seminar, adding the loyalty and intensive supervision.