Kajian Yuridis terhadap Pengurusan Piutang Negara dan Pelaksanaannya (Studi Kasus pada Panitia Urusan Piutang Negara dan Kantor Pelayanan Piutang dan Lelang Negara Medan)

Abstract

 There are some entities legal principles in a legal system, they will build legal system of PUPN and DJPLN, therefore legal interest conflict is not occur between PUPN and DJPLN with the third party. In the management of unpaid state debit is not be support only by the Law of PUPN and DJPLN/KP2LN, but also must be support with legal culture of debtor giver/creditor and depositor debtor/debt endure. Beside that, human resources, tool and prelude are as a very important thing in the frame to make a success in state debit by PUPN and DJPLN. Then, if it is seen the data in PUPN Branch and KP2LN Medan, there are 3290 unpaid state debit cases with specification 2710 banking debit cases and 580 non banking debit cases. By amount of 3290 cases that was given to PUPN and KP2LN Medan including 1170 cases banking debit new giving and 372 cases non banking debit. Then, human resources, tool and prelude is as very fundamental basic to make a success of PUPN and DJPLN. The goal of this research is to understand and to explain the sum of unpaid state debit is more mount this time condition, there is a legal vacuum in the Law Number 49 Prp of 1960, so it does not able to accommodate legal need of PUPN and DJPLN/KP2LN in the state debit affair, the overcome efforts of legal vacuum about the state affair, and explain the legal form which is implemented in debit giver/creditor, PUPN and DJPLN/KP2LN. In the frame to analysis the problems mentioned above, so the descriptive analytical research must be done. The research location is in legal competency of KP2LN Medan, and informant sample in from interlaced instances they are 33 person. There are 66 depositor debtors respondent sample which is chosen by random sampling. This research use juridical normative, dogmative and empirical approach. The primary data collector is questionnaire, interview direction and document study while the secondary data is collected by library study while the secondary data is collected by library study. Then it is analyzed with qualitative approach.

 The research result show that the sum of unpaid state debit is more mount in this time condition, it is caused of legal action from depositor debtor who try to shirk from the duties to give back the state debit that had received and/or try to make obstracle/hindrance either by ordinary legal effort or extra ordinary legal effort. Credit contract which is made was not fulfil formal condition that is conditioned in a contract. Then, the effect of abuse of authority or position saunding from depositor debit/creditor (bank) that contradiction with the positive laws. There is a legal vacuum in the Law Number 49 Prp of 1960 that only consist of VI chapter and 15 articles that cannot accommodate, among other things, in article 4 verse (3) and (4), that is: the state debit management problem, the state debit controlling problem, and he fixed sum problem of the state debit (PJPN) etcetera. The efforts which is done in legal vacuum solving to the state debit management is by amendment to make perfecting to the positive laws with still hold and based on the private legal principles and good government administrative principles. It is necessary to make operational and technical direction of the state debit management that better and certain. The legal form that will be applied in depositor debit/creditor, depositor debtor/debt endurer, PUPN and DJPLN/KP2LN. Then because the law and operational regulation was perfected, so PUPN and DJPLN/KP2LN, either now or in the future in the state debit management will more efficient and effective. It is suggested to the debit depositor/creditor, to use better management with observe formal conditional that ruled in an contract especially in giving of the state facility (the state money) and or service with attentive principle, so bigger loss effect to the state financial is not occur, that can make state losses and society nextly. It is suggested to the government, legislative institution, state institution (including National Legal Institution Building). Competent and interlaced of the State officer must amendment the Law Number 49 Prp of 1960 in a very urge time to be perfect by make formulation, analysis and adding on some articles rule hat very fundamental and strategic, so it can accommodate legal need of the state debit management. So that can give legal protection and certainty.