Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)

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Position of Receivables in Fiduciary Guarantee Related to the Linkage Program Between Commercial Banks and People's Credit Banks

Authors
Ni Made Sintia Tarisa1, *, Johannes Ibrahim Kosasih1, Putu Ayu Sriasih Wesna1
1Master of Notary, Universitas Warmadewa, Denpasar, Indonesia
*Corresponding author. Email: shintiatarisa@gmail.com
Corresponding Author
Ni Made Sintia Tarisa
Available Online 25 January 2023.
DOI
10.2991/978-2-494069-93-0_79How to use a DOI?
Keywords
Fiduciary Guarantee; Receivable Position; Linkage Program
Abstract

The linkage program is a solution to overcoming the liquidity of rural banks in banking practice, with the submission of third-party receivables as collateral. The pattern used is executing, where Commercial Banks can directly execute third-party receivables. Legally the rights of Commercial Banks as creditors have been accommodated with this executing pattern agreement accompanied by guarantees in the form of fiduciary and cash collateral. However, the problem in this execution practice cannot be done directly to a third party because the creditor does not enter into a new agreement with a third party. The method used is a normative legal research method, with a conceptual approach and legislation, the legal materials used are the Banking Law, Fiduciary Law, and Civil Code. Applicable legal provisions do not carry out the implementation in practice of the linkage program agreement, but this is used as an effort to overcome the policy of the OJK in the credit policy for MSMEs of 20%. This legal loophole should be minimized with strict supervision from the OJK as a supervisory institution for banks and other financial institutions.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
25 January 2023
ISBN
10.2991/978-2-494069-93-0_79
ISSN
2352-5398
DOI
10.2991/978-2-494069-93-0_79How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Ni Made Sintia Tarisa
AU  - Johannes Ibrahim Kosasih
AU  - Putu Ayu Sriasih Wesna
PY  - 2023
DA  - 2023/01/25
TI  - Position of Receivables in Fiduciary Guarantee Related to the Linkage Program Between Commercial Banks and People's Credit Banks
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 669
EP  - 677
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_79
DO  - 10.2991/978-2-494069-93-0_79
ID  - Tarisa2023
ER  -