Penguatan Peran Lembaga Jamdatun dalam Penyelesaian Kredit Bermasalah (Studi Penyelesaian Kredit Bermasalah pada Bank BUMN / BUMD)

Abstract

The role of Jamdatun/JPN in the settlement of problem loans at BUMN/BUMD banks is very strategically strengthened to resolve non-litigation problems. This normative juridical research method discusses non-litigation strengthening the legal basis of the Jamdatun institution in PKB4, urgency factors strengthening its role, and a framework model for strengthening the role of Jamdatun institutions so that PKB4 resolution is more effective and efficient. The role of Jamdatun in Article 30 paragraph (2) of RI Law No.16 of 2004 is an alternative meaning the duties, functions and authority of Jamdatun in the civil field is not an obligation, but depends on the request from the client. The urgency of strengthening Jamdatun role in PKB4 is based on consideration because Jamdatun history as a state lawyer has existed since Staatsblad No.522/1922 until now it has never been revoked; the Constitutional Court's decision has abolished the authority of the PUPN and applied the corporate mechanism, no longer follows the state financial mechanism; corporate mechanisms limit government intervention as shareholders; the implementation of Jamdatun role and methods of recovering state financial losses have not been optimal; development of the authority of state lawyers; complexity of government business activities; and still adheres to acts against formal and material law in corruption cases. So that the strengthening of Jamdatun role is emphasized in the State Assets Bill, and it is required in Article 30 paragraph (2) of RI Law No. 16 of 2004 so that it no longer depends on requests from clients. Its legality remains under the structure of the Attorney General as a civil servant, in the form of a law firm incorporated as a SOE in the field of legal services, responsible to the directors, not to the Attorney General, eliminating the function of coordination with intelligence and special criminal offenses, and a code of ethics as a standard client confidentiality to maintain independence and professionalism. The limitation of its role is only as a mediator and conciliator if the parties who are litigants are jointly owned by BUMN/BUMD Banks (government institutions), and only act as consultants and negotiators for BUMN/BUMD Banks if the opposing parties are private institutions. Formulated as AGS in Australia with corporate legal status, it is mandatory for clients in the form of government institutions and is optional for private clients, covering civil, criminal, business, TUN, contract, arbitration and so on. The scope of Jamdatun authority as a legal advisor only provides assistance, opinions, judgments and legal advice, or advice, covering all areas of law (other than criminal), including clients of government agencies or private or individuals. It is hoped that the public benefit and efficiency of the settlement of problem loans through state attorneys are truly independent and professional, as well as the parties involved in the initial distribution of loans and their settlement will be more careful, careful, thorough, professional and responsible.