Tugas Hukum Perbankan No.

7 -- KKKI

Adara Zalikha Setiawan

Urutan No. 14

1906423845

Q1 Dalam memberikan kredit, bank umum wajib mempunyai keyakinan berdasarkan

analisis yang mendalam atas itikad dan kemampuan serta kesanggupan nasabah debitur
untuk melunasi utangnya sesuai dengan dengan yang diperjanjikan. Jelaskan dengan
lengkap bagaimanakah cara yang dilakukan oleh bank dalam menilai hal-hal tersebut?
To analyse the customer and have certainty when providing credit, conventional banks can
implement the 5C principles which are:
1. Character: this assessment is to the history of the customer, along with history of
business and information regarding the business. This will enable the Bank to
understand the customer’s character, integrity, honesty, and desire to fulfill obligations.
2. Capacity: this assessment values the balance sheet, income statement, and recent cash
flow of the customer’s business. This allows the bank to understand the ability of the
prospective debtor customer when managing their business activities. This can also
oversee the business’ prospective customers, how the business will perform and provide
profit in the future, which cumulatively indicates how the customer will be able to pay
the credit debt in a predetermined amount and time period.
3. Capital: this assessment is done to the capital owned by the credit requestor, which will
allow the Bank to know the distribution of capital that is placed by the prospective
customer.
4. Collateral: this is one of the prerequisites that the Bank will provide, which is the
guarantee for the credit when given. Where the ownership status
(SHM/SHGB/SHP/SHGU, etc.), adequacy of collateral value and the binding form
(HT/Fiducia/Gadai/Cessie) will be examined. This aims as a second-way out for
debtors who conduct wanprestasi, and will ensure the seriousness of debtor to conduct
business activities and pay credit obligations. The bank risks moral hazard if there are
indications that the collateral value does not cover, decrease due to damage, does not
belong to the prospective debtor and is not binding in the first rank.
5. Condition of Economy: where the industry and economy conditions will be analysed.
 This aims to predict the business’ prospects in the future, and to predict the risks of
failure to pay. Risks for this element can be indicated by uncertainty in economy, interest
or exchange value, and tight competition in the same industry. The bank risks
disturbance in the business prospect

Q2 Jelaskan dengan lengkap apa saja yang diatur dalam pedoman kebijaksanaan
prekreditan bank?

The credit and payment policy of banks are regulated in 3 POJK 42/2017 tentang Kewajiban
Penyusunan dan Pelaksanaan Kebijakan Perkreditan atau Pembiayaan bagi Bank Umum, which
includes: (1) The principle of carefulness in credit, (2) organization and management of credit or
payment, (3) policy to approve of credit or payment, (4) documentation and administration of
credit and payment, (5) supervision of credit and payment, and (6) finalizing troubled credit or
payment.

Q3 Jelaskan paling sedikit 3 (tiga) batasan dan larangan dalam pemberian kredit yang
berlaku bagi perbankan di Indonesia. Mengapa diperlukan batasan & larangan
tersebut?

These are the limitations and prohibitions that banks have to adhere to, which will implement
the principle of carefulness when providing credit to customers. This essentially also protects the
Bank as an entity who uses the people’s funds, and will also protect the quality and liability that
banks have. These are the examples of the limitations and prohibitions:

1. Limitation for maximum credit: for credit given to a party who is connected directly
or indirectly to the bank has a limitation of 10% of the bank’s capital. For parties who
are not connected to the bank, single credit can be given and limited to 20% of the
bank’s capital and a group of credit can be given and limited to 25% of the bank’s
capital.
2. Prohibition to provide credit to developers: this prohibition applies directly or
indirectly to land acquisition or land processing. It is regulated in Article 2(2)(c) of POJK
No. 44/POJK.03/2017. An exception to this is for developers for the purpose of
building simple houses, land procurement, or land processing, that has fulfilled relevant
requirements.
 3. Prohibition to provide credit for things that contravene the law: Pursuant to Article
1320 of KUHPer, agreements must not contravene to the law and must be halal.
Therefore, agreement to bank credits must be in line with all laws, including what the
credit aims to achieve.

Q4 Jelaskan perbedaan penting (sekurang-kurangnya 4 perbedaan) antara perkreditan bank

konvensional dengan pembiayaan bank syariah

• Conventional banks implement interest, which is done in the agreement stage and always
for the Bank. Bank Syariah does not use interest, instead uses the system of diving
results, and the risk will be determined in the aqad stage with the possibility of profit and
loss.
• Conventional banks the percentage is based on the capital or money lent, in Syariah
banks this is based on the amount of profit-sharing agreement based on the amount of
profit earned.
• Conventional banks positions customers as the party who bears the payment obligation
for interests, in Syariah banks, profit sharing is dependent on the profit/loss of the
protect. If the profit does not make profit, losses will be shared between the customer
and Bank.
• Conventional banks determine that interest payments do not increase, even though
profits double and the economic conditions improve. In syariah banks, profit sharing
will increase as the profit and income increases.

Q5 Jelaskan apa ya dimaksud dengan istilah dalam perkreditan di bawah ini:

Ultra Vires Streaming

Ultra vires is a conduct by directors to add to its authority, based on the articles of association
and the relevant laws. In credit, the director has the authority to approve credit that has been
requested by the customer. The director can request for the responsibility of the credit approval
if the credit is not in accordance with general norms and principles of banks and credit, that is
applicable.
Representation and Warranties
Representation and warranties are clauses that are included in the credit agreement, where banks
will regulate and clarify the customer on facts that connotes to the legal seat, monetary
condition, and fortune of the customer when the bank gives the credit.

Side
Side streaming is a conduct that is done by customer when the customer does not use the credit
that has been given by the bank for activities that has been agreed upon, and approved by the
Bank.

Cross Default
Cross default is a condition where the customer is declared negligence to the facility of the credit
that has been given, based on a credit agreement with the bank. Cross default is regulated in a
clause of the credit agreement, which usually gives the bank the authority to execute collateral
because the customer debtor has been declared wanprestasi.

Events of Default
Wanprestasi is a clause in a credit agreement that includes the rights of banks to stop the credit of
the customer, if there has been an event determined by the bank which will also allow for the
bank to bill the leftover credit.
 SURAT PERNYATAAN

Dengan ini saya yang membuat pernyataan:

Nama: Adara Zalikha Setiawan

NPM: 1906423845

menyatakan, adalah benar tulisan yang saya sampaikan untuk UTS hukum perbankan merupakan
tulisan saya sendiri, memenuhi persyaratan anti Plagiarism dan dapat dipertanggung jawabkan
apabila terdapat kesamaan tulisan dengan tulisan orang lain.

Jakarta, 28 April 2022

Adara Zalikha