[ABSTRAK Bank dalam menjalankan kegiatan usahanya tidak terlepas dari suatu risiko kerugian,untuk itu dalam Undang-Undang perbankan indonesia Bank dalam menjalankanusahanya harus berdasarkan prinsip kehati-hatian. Kredit usaha rakyat merupakan kreditprogram pemerintah dimana Bank merupakan pihak yang menyalurkan KUR tersebutkepada UMKMK, dimana dana dalam penyaluran KUR merupakan 100% (seratuspersen) dana Bank. Salah satu Bank yang ditunjuk pemerintah untuk menyalurkan KURadalah Bank X. Bank X telah menyalurkan KUR kepada UMKMK salah satunyapemberian KUR Grup PT. KMS sebagai penjamin dari 20 (dua puluh) petani ubi rambat.PT. KMS tidak dapat melakukan kewajiban pembayaran sehingga mengakibatkan kreditmenjadi macet. KUR yang disalurkan oleh Bank dijaminkan oleh pemerintah kepadaPerusahaan Penjamin, Bank X mengajukan klaim kepada PT. ASKRINDO, akan tetapiklaim tersebut ditolak karena ada indikasi kredit fiktif. SKAI Bank X melakukaninvestigasi atas dugaan tersebut dan menemukan bahwa 20 (dua puluh) debitur tersebutfiktif, ditemukan adanya pemalsuan identitas kedua puluh petani ubi rambat tersebut. PT.KMS dengan sengaja melakukan pemalsuan serta penipuan, hal ini diketahui olehpegawai Bank X terkait pemberian KUR, hal tersebut dilakukan untuk mendapatkanfasilitas KUR dari Bank X. Berdasarkan hal tersebut terdapat 2 (dua) permasalahandalam penelitian ini yaitu Bagaimanakah penerapan prinsip kehati-hatian dalampemberian kredit usaha rakyat pada Bank X ? dan Bagaimanakah akibat hukum bagiBank X dan PT. KMS dalam hal terjadinya kredit fiktif?. Bank X memiliki standaroperasional prosedur dalam pemberian kredit berdasarkan prinsip kehati-hatian namunBank X cabang Binjai, Medan tidak melaksanakan langkah-langkah sesuai prosedurpemberian kredit, hal ini membutkikan bahwa Bank X cabang binjai tidak menerapkanprinsip kehati-hatian. Akibat hukum dalam hal terjadinya kredit fiktif baik PT. KMSmaupun pegawai Bank yang terlibat dalam kredit fiktif ini dapat dikenai sanksi pidanaberdasarkan Undang-Undang perbankan dan Kitab Undang Undang Hukum PidanaIndonesia. ABSTRACT The Bank in carrying out its business activities not in spite of a risk of a loss, for it inIndonesian banking law Banks in the running of his business must be based on theprinciple of prudence. The people's credit business loan government programs inwhich the Bank is funneling the KUR to the UMKMK, where the distribution offunds in the KUR is a 100% (one hundred percent) of Bank funds. One of theGovernment-designated Banks to channel KUR is Bank X Bank X has beenfunneling. KUR to UMKMK one of them granting KUR Group PT. KMS asguarantors of 20 (twenty) Yam farmers. PT. KMS cannot make a payment obligationresulting in a credit being jammed. KUR transmitted by banks pledged by theGovernment to the company's Underwriters, Bank X claim to the PT. ASKRINDO,but the claim is rejected because there are indications of fictitious credits. SKAI BankX APHIS these allegations and found that 20 (twenty) of the fictitious debtors, foundan impersonation of the twentieth the Yam farmers. PT. KMS with deliberate forgeryand fraud, it is known by the Bank employee X related awarding of KUR, it is doneto get facilities from Bank X kur. based on this there are 2 (two) problems in thisstudy i.e. How is the application of the principle of prudence in granting businesscredit the people at Bank X? and how is the legal consequences for the Bank and PTKMS in terms of occurrence of fictitious credits?. Bank X has a standard operationalprocedures in the granting of credit is based on the principle of prudence but Bankbranch Binjai, Medan X does not implement appropriate procedural measuresgranting credit, it is membutkikan that the Bank does not implement binjai branch Xprinciple of prudence. The legal consequences in case of occurrence of fictitiouscredits good PT. KMS or Bank employee involved in this fictitious credit may besubject to criminal sanctions under the laws of the Banking Law and the Criminal lawof Indonesia.;The Bank in carrying out its business activities not in spite of a risk of a loss, for it inIndonesian banking law Banks in the running of his business must be based on theprinciple of prudence. The people's credit business loan government programs inwhich the Bank is funneling the KUR to the UMKMK, where the distribution offunds in the KUR is a 100% (one hundred percent) of Bank funds. One of theGovernment-designated Banks to channel KUR is Bank X Bank X has beenfunneling. KUR to UMKMK one of them granting KUR Group PT. KMS asguarantors of 20 (twenty) Yam farmers. PT. KMS cannot make a payment obligationresulting in a credit being jammed. KUR transmitted by banks pledged by theGovernment to the company's Underwriters, Bank X claim to the PT. ASKRINDO,but the claim is rejected because there are indications of fictitious credits. SKAI BankX APHIS these allegations and found that 20 (twenty) of the fictitious debtors, foundan impersonation of the twentieth the Yam farmers. PT. KMS with deliberate forgeryand fraud, it is known by the Bank employee X related awarding of KUR, it is doneto get facilities from Bank X kur. based on this there are 2 (two) problems in thisstudy i.e. How is the application of the principle of prudence in granting businesscredit the people at Bank X? and how is the legal consequences for the Bank and PTKMS in terms of occurrence of fictitious credits?. Bank X has a standard operationalprocedures in the granting of credit is based on the principle of prudence but Bankbranch Binjai, Medan X does not implement appropriate procedural measuresgranting credit, it is membutkikan that the Bank does not implement binjai branch Xprinciple of prudence. The legal consequences in case of occurrence of fictitiouscredits good PT. KMS or Bank employee involved in this fictitious credit may besubject to criminal sanctions under the laws of the Banking Law and the Criminal lawof Indonesia.;The Bank in carrying out its business activities not in spite of a risk of a loss, for it inIndonesian banking law Banks in the running of his business must be based on theprinciple of prudence. The people's credit business loan government programs inwhich the Bank is funneling the KUR to the UMKMK, where the distribution offunds in the KUR is a 100% (one hundred percent) of Bank funds. One of theGovernment-designated Banks to channel KUR is Bank X Bank X has beenfunneling. KUR to UMKMK one of them granting KUR Group PT. KMS asguarantors of 20 (twenty) Yam farmers. PT. KMS cannot make a payment obligationresulting in a credit being jammed. KUR transmitted by banks pledged by theGovernment to the company's Underwriters, Bank X claim to the PT. ASKRINDO,but the claim is rejected because there are indications of fictitious credits. SKAI BankX APHIS these allegations and found that 20 (twenty) of the fictitious debtors, foundan impersonation of the twentieth the Yam farmers. PT. KMS with deliberate forgeryand fraud, it is known by the Bank employee X related awarding of KUR, it is doneto get facilities from Bank X kur. based on this there are 2 (two) problems in thisstudy i.e. How is the application of the principle of prudence in granting businesscredit the people at Bank X? and how is the legal consequences for the Bank and PTKMS in terms of occurrence of fictitious credits?. Bank X has a standard operationalprocedures in the granting of credit is based on the principle of prudence but Bankbranch Binjai, Medan X does not implement appropriate procedural measuresgranting credit, it is membutkikan that the Bank does not implement binjai branch Xprinciple of prudence. The legal consequences in case of occurrence of fictitiouscredits good PT. KMS or Bank employee involved in this fictitious credit may besubject to criminal sanctions under the laws of the Banking Law and the Criminal lawof Indonesia., The Bank in carrying out its business activities not in spite of a risk of a loss, for it inIndonesian banking law Banks in the running of his business must be based on theprinciple of prudence. The people's credit business loan government programs inwhich the Bank is funneling the KUR to the UMKMK, where the distribution offunds in the KUR is a 100% (one hundred percent) of Bank funds. One of theGovernment-designated Banks to channel KUR is Bank X Bank X has beenfunneling. KUR to UMKMK one of them granting KUR Group PT. KMS asguarantors of 20 (twenty) Yam farmers. PT. KMS cannot make a payment obligationresulting in a credit being jammed. KUR transmitted by banks pledged by theGovernment to the company's Underwriters, Bank X claim to the PT. ASKRINDO,but the claim is rejected because there are indications of fictitious credits. SKAI BankX APHIS these allegations and found that 20 (twenty) of the fictitious debtors, foundan impersonation of the twentieth the Yam farmers. PT. KMS with deliberate forgeryand fraud, it is known by the Bank employee X related awarding of KUR, it is doneto get facilities from Bank X kur. based on this there are 2 (two) problems in thisstudy i.e. How is the application of the principle of prudence in granting businesscredit the people at Bank X? and how is the legal consequences for the Bank and PTKMS in terms of occurrence of fictitious credits?. Bank X has a standard operationalprocedures in the granting of credit is based on the principle of prudence but Bankbranch Binjai, Medan X does not implement appropriate procedural measuresgranting credit, it is membutkikan that the Bank does not implement binjai branch Xprinciple of prudence. The legal consequences in case of occurrence of fictitiouscredits good PT. KMS or Bank employee involved in this fictitious credit may besubject to criminal sanctions under the laws of the Banking Law and the Criminal lawof Indonesia.] |