| dc.description.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No.522/1922 until now it has never been revoked; the Constitutional Court's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. | en_US |
