新冠肺炎疫情下乡村信贷机构坏账处置困境

Jurnal IUS Pub Date : 2022-08-25 DOI:10.29303/ius.v10i2.1104
I. Sujana, Leonito Ribeiro
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引用次数: 0

摘要

本文分析了新冠肺炎疫情下村镇信贷机构(LPD)解决不良贷款的困境。研究的重点是在2019冠状病毒病大流行时期,巴厘省村信贷机构(LPD)在解决不良贷款方面面临的问题。之所以进行这项研究,是因为巴厘岛的lpd在获得信贷方面遇到了困难,即使在2019冠状病毒病期间,抵押贷款和受托人都施加了抵押品或担保。作为对所研究的法律问题的分析工具,作者运用了福利国家理论,包括法定方法、概念方法、社会学方法和案例方法。根据研究结果,发现LPD的不良贷款结算处于两难境地。 - œInternallyâ - LPD注意到,作为传统村庄成员的债务人以新冠肺炎疫情为借口,拒绝履行其义务。在抵押物案件中,即使抵押权已经被施加了受托人,即将进行结算,但结果是由一个作为习惯村成员的第三方控制,通过执行方对抵押物的征收来执行贷款结算。根据巴厘岛习惯法paras, parosigilikseguluk, sarpanayasabayantaka的原则,这种行为是不允许的。在这种情况下,LPD应该回到法庭。与此同时,受新冠肺炎疫情影响的经济氛围仍未恢复。因此,LPD面临着艰难的选择,是解决不良贷款以恢复公司的现金流,还是采取重新安排、结构调整、重整等措施来挽救信用。这一救助措施已成为物流公司履行信用义务的沉重负担。
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Dillemas of Bad Loan Settlement of Village Credit Institution (Lembaga Perkreditan Desa) in The Covid-19 Pandemic Situation
This paper analyzes the dilemma of resolving bad loans of the Village Credit Institution (LPD) in the Covid19 Pandemic Era. The focus of the study is the problems faced by the Village Credit Institution (LPD) in resolving bad loans in Bali Province during the COVID-19 pandemic era. This study was conducted because LPDs in Bali experienced difficulties in securing credit even though the collaterals or guarantees were imposed with a mortgage as well as a Fiduciary during the Covid 19 period. As an analytical device on the legal issues studied, the author applied the theory of the welfare state with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the results of the study, it is found that the settlement of bad loans at the LPD is in a dilemma. “Internally“ the LPD noticed that the debtors, members of the traditional village, are taking refuge behind the Covid-19 pandemic situation, and denied their obligations. In the collateral cases, even though Mortgage Rights have been imposed with a fiduciary, settlement is about to be carried out, it turns out to be controlled by a third party who is a member of the Customary Village to execute loan settlement through the expropriation of the collateral by execution parate. This type of action is not allowed based on the principles of Balinese customary law paras, parosegilikseguluk, sarpanayasabayantaka. In this case, the LPD should go back to court. Meanwhile, “externally” the economic atmosphere affected by the Covid-19 pandemic has not yet recovered. Therefore, LPD faces a difficult choice between settling bad loans to recover the cash flow of a company, and taking measures to save credit by rescheduling, restructuring, and reconditioning. This rescue measure has become a heavy burden for LPDs to fulfill their obligations to credit customers.
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CiteScore
0.30
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审稿时长
16 weeks
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