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Grace Yulianti; Sigit Pramono Hadi

Corporate insolvency regimes have long been designed around efficiency, creditor recovery, and procedural certainty, frequently marginalizing the human, social, and distributive consequences of corporate failure. This qualitative literature review seeks to reconceptualize insolvency as a multidimensional institutional process by integrating the principles of humanity, resilience, and equity, with the objective of developing fairness metrics for more inclusive insolvency systems. Drawing on interdisciplinary scholarship from insolvency law, corporate governance, economic sociology, and normative political theory, this study systematically synthesizes peer reviewed literature published between 2000 and 2024 using a structured qualitative thematic analysis. The review identifies three interrelated dimensions shaping inclusive insolvency outcomes. First, humanity-oriented approaches emphasize stakeholder vulnerability, dignity preservation, and procedural justice, particularly for employees, involuntary creditors, small suppliers, and local communities affected by corporate collapse. Second, resilience based perspectives frame insolvency not merely as an endpoint of failure but as an adaptive governance mechanism that enables organizational recovery, institutional learning, and broader systemic stability. Third, equity focused frameworks highlight the importance of proportional and context sensitive loss allocation, stakeholder participation, and intertemporal fairness in distributing the economic and social costs of insolvency. By integrating these dimensions, the study develops a conceptual framework of fairness metrics that extends beyond traditional efficiency-driven indicators, offering normative and analytical tools for evaluating insolvency systems in a more holistic manner. The findings contribute to insolvency scholarship by bridging fragmented theoretical strands and advancing a human-centered and resilience oriented understanding of corporate failure. The review further suggests that insolvency regimes embedding humanity, resilience, and equity are more likely to enhance institutional legitimacy, stakeholder trust, and long term economic sustainability, thereby providing a robust foundation for future empirical research and policy reform.

Hanifah, Anissa Inas; Sekar , Kustianing; Dewantoro, Lucas; Salamah, Umi

MALFINA : Maritime Logistics and Financial Journal 2026 Akademi Angkatan Laut

The Indonesian Navy (TNI AL) is an important component of the TNI, playing a vital role in safeguarding the nation's sovereignty in Indonesian waters and coasts. Human Resources (HR) are crucial for success in carrying out its duties. The quality of human resources is not limited to education and work experience, but also requires attention to other aspects, including welfare. Homeownership is a key indicator of the well-being of Indonesian Navy soldiers, significantly impacting the lives of Indonesian Navy soldiers and their families. However, Indonesian Navy soldiers often face financial difficulties, opting to purchase a home through a Home Ownership Loan (KPR) despite the high interest rates. Disciplined Savings (Tabplin) is a savings program run by the Indonesian Navy (TNI AL) whose funds can be utilized by Indonesian Navy soldiers to finance urgent needs, including home ownership. However, due to limited information, the utilization of these funds has not been optimal.

Aritonang, Pasha Daveena; Nuryana, Ita

Jurnal Ilmiah Komputerisasi Akuntansi 2026 Universitas Sains dan Teknologi Komputer

The rapid expansion of digital finance services, particularly Buy Now Pay Later (BNPL) platforms such as Shopee PayLater, has significantly altered consumption patterns among university students. The aim of this study is to examine the effect of Shopee PayLater usage and lifestyle on consumptive behavior, as to test the moderating role of financial literacy among Accounting Education students at Universitas Negeri Semarang (class of 2022). A quantitative explanatory approach was employed, with data collected via Likert-scale questionnaires distributed to 63 respondents selected through purposive sampling. Data were analyzed using Partial Least Squares Structural Equation Modeling (PLS-SEM) with SmartPLS 4. Results show that Shopee PayLater usage positively and significantly affects consumptive behavior (path coefficient = 0.440, p = 0.000), as does lifestyle (path coefficient = 0.408, p = 0.003). Financial literacy, however, does not directly influence consumptive behavior (p = 0.676). Notably, financial literacy significantly strengthens—rather than weakens—the effect of lifestyle on consumptive behavior (interaction coefficient = 0.253, p = 0.019), while it does not moderate the relationship between Shopee PayLater usage and consumptive behavior (p = 0.712). These findings contribute theoretically by extending the Theory of Planned Behavior, demonstrating that BNPL accessibility and lifestyle orientation are stronger predictors of consumptive behavior than financial knowledge alone. Practically, this study suggests that financial literacy interventions must be accompanied by self-regulation strengthening and consumer protection policies to effectively curb excessive consumption driven by digital credit services.

Hendro Widodo; Subianta Mandala

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Bankruptcy can no longer be understood solely as a mechanism for liquidating assets to meet debtor obligations, but has evolved into a restructuring instrument that directly impacts corporate governance and stakeholder protection. This study aims to analyze how bankruptcy functions as a corporate restructuring mechanism, how this process influences the redistribution of power in corporate governance, and the extent to which the bankruptcy legal system provides balanced protection for various stakeholders. The research method used is normative legal research with a statutory, conceptual, and limited comparative approach. The analysis is conducted on the provisions of Law Number 37 of 2004 concerning Bankruptcy and PKPU (Investment Suspension) and regulations related to corporate governance, combined with theoretical studies on fiduciary duty, stakeholder theory, and the corporate rescue paradigm. The results illustrate that bankruptcy functions as a governance restructuring mechanism that transfers control from the board of directors to the curator and creditor forum, thereby creating a redistribution of power within the company. The dominant creditor primacy orientation has the potential to create an imbalance in protection for non-creditor stakeholders, including workers and other economically impacted parties. These conditions indicate the need for normative reconstruction, including redefining fiduciary obligations during the insolvency phase, strengthening stakeholder protection, and harmonizing corporate governance principles with the insolvency law regime. This research is expected to contribute academically to the development of a bankruptcy model that is not solely focused on debt resolution but also considers aspects of business sustainability and substantive justice in modern corporate governance.

Ni Luh Yossi Shuartini Millenia; Komang Febrinayanti Dantes; Ni Komang Irma Adi Sukmaningsih

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The term "breach of contract" in contract law refers to a breach of promise. Discussions of breach of contract, both in doctrine and jurisprudence, are usually associated with a statement of negligence by the debtor, where the debtor has failed to properly fulfill their contractual obligations, and the debtor is at fault. It must be acknowledged that a breach of contract, or breach of promise, already involves bad faith on the part of the party failing to fulfill their promise. The meaning of "breach of contract" in banking law relates to the occurrence of problem loans at banks, which cause the loan to become non-performing. This is usually due to the debtor or customer not paying by the previously agreed payment date. The existence of a breach of contract is inseparable from the existence of a credit agreement. Whether a debtor is in default cannot be determined simply because there are efforts to rescue loans that have entered a problematic stage. The beginning of a violation of an agreement or default due to someone not being paid, in meeting the credit rescue standards at the bank, usually efforts are made such as Rescheduling, Reconditioning, Restructuring, through this rescue, the debtor is given the opportunity to lose his business, so the concept of default in BW and the Banking Law must be measured through the performance given, in both regulations, then from there the concept of problem credit can be classified. This banking regulation can be said to be a default, the comparison of this concept is the discussion in this thesis.

Disiya Intan Setiyawati

Jurnal Inovasi Ekonomi Syariah dan Akuntansi 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Field Experience Practice (PPL) or internship is a practical course carried out directly in a company according to the student's field of study, with the aim of integrating lecture theory and real work practice. PPL is worth 6 credits and is a mandatory part of the curriculum for undergraduate students at the Putera Bangsa Tegal Islamic Economics College. Students who have not participated in PPL are not considered to have met the academic qualifications as graduates. This program aims to produce competent graduates as academics, researchers, consultants, accounting practitioners, and creative, innovative, and professional Muslim entrepreneurs. Through PPL, students are expected to improve their personal qualities, work experience, and understanding of the business world and development policies. The PPL implementation took place from September 14, 2025 to January 15, 2026 at PT Masanda Jaya. The Sharia Business Management Study Program views PPL as a strategic tool to understand management practices, SWOT analysis, governance, and company strategies in achieving organizational goals. The PPL report compiled by the author has the theme of the FAJAR internship.

Hikmaturohim Hikmaturohim

Jurnal Miftahul Ilmi: Jurnal Pendidikan Agama Islam 2026 STIKes Ibnu Sina Ajibarang

The purpose of this study is to investigate how Islamic Religious Education (PAI) instructors at Madrasah Diniyah Takmiliyah (MDT) Nurhidayatullah perceive incentive strategies as boosting student learning motivation. The poor learning motivation of students at non-formal Islamic educational institutions serves as the study's backdrop. Teachers must use a variety of tactics, including rewarding students. In this study, descriptive approaches are combined with a qualitative approach. Participant observation, documentation studies, and in-depth interviews were used to gather data. Purposive sampling was used to choose five PAI instructors from MDT Nurhidayatullah to serve as study informants. The Miles and Huberman approach, which covers data reduction, data presentation, and conclusions/verification, was used to analyze the data. The study's conclusions showed that instructors see incentive systems favorably and believe they are a useful tactic for boosting students' interest in and engagement with PAI learning. Verbal compliments, award stickers, extra credits, little presents, and public acknowledgment in front of the class are some of the prizes that are offered. Teachers believe that rewarding children may boost their intrinsic motivation, boost their self-esteem, improve the classroom environment, and promote healthy competition among students. However, teachers also identify several challenges, including the potential for students to become dependent on rewards, the need for fairness in reward distribution, and budget limitations. The implication of this research suggests that the reward method should be implemented systematically with clear criteria and gradually directed toward building students' intrinsic motivation in learning Islamic religious education.

Agustin, Maharani; Puspatriani, Annisa Desty

Jurnal Manajemen Sosial Ekonomi 2026 LPPM Sekolah Tinggi Ilmu Ekonomi - Studi Ekonomi Modern

Non-performing loans represent one of the risks faced by banks in their lending activities, particularly in housing loan (KPR) products. This study aims to analyze the procedures for resolving problematic housing loans and to identify the factors causing the decline in debtors’ repayment ability, as well as the obstacles encountered in the implementation of such procedures at PT Bank Tabungan Negara (Persero) Tbk, Tasikmalaya Branch Office. This research employs a qualitative method with a descriptive approach. Data were collected through direct observation and interviews with relevant parties within the bank. The results show that the procedures for resolving problematic loans are carried out through several stages, including submission of restructuring applications, document verification, analysis of the debtor’s repayment capacity, determination of restructuring schemes, approval, agreement signing, and post-restructuring monitoring. These procedures are supported by the application of the 3R concept, namely rescheduling, reconditioning, and restructuring, which are implemented flexibly according to the debtor’s condition. The findings also indicate that the decline in debtors’ repayment ability is mainly caused by decreased income, job loss, increased living expenses, and unstable economic conditions. In practice, several obstacles were identified, such as incomplete documentation, lack of debtor cooperation, and issues related to collateral ownership that has been transferred from the original debtor. Therefore, improved supervision, better communication, and stronger coordination between the bank and debtors are necessary to ensure the effectiveness of loan resolution procedures.

Bachtiar Wijaya; Diana Dwi Kusumasari; Titisari Ambarwati; Sudarmiatin Sudarmiatin; Ruly Wiliandri

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2026 FKIP, Universitas Palangka Raya

This community service activity aims to increase the business capacity of the wood ear mushroom food MSME through integrated mentoring on business legality and access to financing. The subject of the activity was the Brother Farm MSME in Kediri Regency, which initially ran its business informally without adequate legality and had limited access to formal financing. The method used was a participatory approach with activity stages including: initial observation and problem identification, mentoring in creating a Business Identification Number (NIB), mentoring in understanding halal certification, mentoring in processing Fresh Food of Plant Origin (PSAT) permits, and education on access to financing through the People's Business Credit (KUR) scheme. Data collection techniques were carried out through observation, interviews and documentation, while data analysis used a qualitative descriptive approach by comparing conditions before and after mentoring. The results of the activity showed that the MSME successfully obtained business legality in the form of a Business Identification Number and Fresh Food of Plant Origin permits and experienced an increase in understanding regarding halal product guarantees and access to formal financing. This integrated mentoring had a positive impact on increasing consumer confidence, expanding market opportunities, and business readiness in accessing capital. Thus, this activity is able to encourage business transformation towards a more formal, structured and sustainable condition (SDG 8 and SDG 12) thereby contributing to increasing the competitiveness of food MSMEs.

Muhammad Rafi Zaidan Ariq; Igo Febrianto

International Journal of Economics and Management Sciences 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Using Non Performing Financing (NPF) as a moderating variable, this study looks at how profit sharing and profit margin financing affect the effectiveness and stability of Islamic banks in Indonesia. The primary topic discussed is how various Islamic financing arrangements affect the operational effectiveness and financial stability of banks, as well as whether credit risk enhances or diminishes these connections. This study aims to examine the direct impacts of financing modalities as well as the moderating influence of NPF on the performance of Islamic banks. Based on secondary data from eight Islamic banks in Indonesia between 2018-2024, this study employs a quantitative methodology using panel data regression and Moderated Regression Analysis (MRA). The findings indicate that while profit margin financing has no discernible impact on efficiency, profit sharing financing has a favorable and considerable impact. Profit margin financing has a negative and negligible impact on stability, whereas profit sharing financing has a positive but negligible impact. Additionally, by changing the direction of influence, NPF significantly moderates the association between profit sharing financing and both efficiency and stability. However, it does not significantly moderate the effect of profit margin financing on efficiency, but it does on stability. In summary, the effectiveness of Islamic financing is heavily reliant on risk management, especially credit risk control, where NPF is a key factor in evaluating whether financing can improve stability and efficiency in Islamic banks.

Arisandy Nau; Imanuel Wellem; Nunsio Handrian Meylano

Jurnal Projemen UNIPA 2026 Universitas Nusa Nipa Maumere

This study aims to analyze the strategies for handling bad debts at the Maju Terus Employee Cooperative at SMK Yohanes XXIII Maumere. The main problem faced by the cooperative is the increasing bad debts, most of which come from member arrears on daily transactions through the cash-on-account system, such as purchasing office stationery and photocopy services. This condition affects the cooperative's liquidity and reduces the effectiveness of services to members. The method used in this study is a qualitative descriptive approach with data collection techniques through observation, interviews, and documentation during internship activities. The research results indicate that the main causes of bad debts include low member discipline, lack of supervision, and weak credit management systems. Strategies that can be applied to address these issues include rescheduling payments, establishing stricter credit rules, increasing supervision, as well as providing guidance and education to members on the importance of responsibility in payments. The implementation of these strategies is expected to improve the quality of credit management, maintain the financial stability of the cooperative, and increase the members' welfare sustainably.

Annida Putri Nursyabikah; Christian Axl Cannavaro; Hakim Jahran Ibrahim

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sustainability issues encompassing economic, social and environmental aspects are driving reform in the global financial sector, including in Indonesia. Although the OJK has published a Sustainable Finance Roadmap since 2015, Indonesia does not yet have comprehensive green finance regulations in the banking sector. This study aims to analyse the state of green finance regulation in the Indonesian banking sector and compare it with China’s Green Credit Guidelines, in order to identify relevant aspects for adoption in strengthening national green finance policy. This study employs a normative legal methodology using a legislative and comparative law approach, alongside a qualitative descriptive-analytical analysis of secondary data. The author found that green finance regulations in Indonesia remain fragmented and scattered across various sectoral legal instruments without adequate integration, thereby creating loopholes for greenwashing practices and the adoption of green principles that are merely administrative in nature. The Sustainable Finance Committee mandated by the P2SK Act has not yet been established, exacerbating the lack of coordination between institutions. In contrast, China, through its 2012 Green Credit Guidelines and 2016 Guidelines for Establishing a Green Financial System, demonstrates a regulatory model that is hierarchical, standardised, and legally binding. A comparison of the two identifies four relevant aspects for Indonesia to adopt: an integrated regulatory approach, standardisation of environmental risk operations, strengthening of oversight mechanisms and due diligence, and cross-sectoral institutional coordination. Consequently, Indonesia requires comprehensive, dedicated green finance regulations and must promptly establish the Sustainable Finance Committee as the sole coordinating authority.

Kahardani, Moh Zalmi; Erwin Santosa

This study presents a systematic qualitative literature review examining regulatory, ethical, and organizational challenges in the adoption of artificial intelligence (AI) for letter of credit (LC) automation in trade finance. Synthesizing prior interdisciplinary research, the review finds that AI technologies—such as machine learning and natural language processing—offer substantial efficiency, accuracy, and transparency gains in documentary credit examination. However, these benefits are constrained by regulatory uncertainty stemming from legacy legal frameworks, ethical concerns related to algorithmic opacity, bias, and accountability, and organizational challenges involving trust, governance, and workforce readiness. The findings highlight that AI-driven LC automation constitutes a socio-technical transformation rather than a purely technological upgrade, requiring alignment between evolving regulation, responsible AI governance, and organizational change management. This study contributes to the trade finance and digital transformation literature by providing an integrated perspective on how transparency can be institutionalized without undermining trust in automated financial decision-making

Gusti Ramadhani; Yasmirah Mandasari Saragih; Tuti Widyaningrum; Heru NurTjahyo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

Selvia Dinda Rahmyanti; Purwanto Purwanto; Poppilea Erwinta

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study, entitled "Value Added Tax Fairness in Samarinda City," analyzes the fairness of the 11% VAT rate under Law No. 7 of 2021 using socio-legal methods. The results show that although the single 11% VAT rate meets the principles of legality and horizontal justice because it applies equally to all consumers, this policy is not entirely fair from a vertical justice perspective. The regressive nature of the consumption tax tends to place a greater burden on low-income households. Field findings reveal that MSMEs feel burdened because the rate does not take into account their economic capacity, coupled with a lack of understanding of the input and output tax credit mechanisms. Administrative complexity and minimal education from tax authorities contribute to low compliance rates. This study recommends the implementation of a more flexible tiered VAT rate, strengthening tax education, providing technical assistance, and simplifying reporting for MSMEs to improve compliance and create more equitable tax justice.  

Dyne Soraya Lathifah; Nur Afrainin Syah; Abdiana Abdiana; Dian Pertiwi; Fitratul Ilahi

Bhinneka: Jurnal Bintang Pendidikan dan Bahasa 2026 Universitas Palan

Merdeka Belajar Kampus Merdeka (MBKM) is a new policy that aims to improve student’s soft skills and hard skills before entering the workforce. The purpose of this study was to explore the perceptions od Universitas Andalas students participating in MBKM on the development of soft skills. This research was conducted using qualitative research methods with grounded theory design. The sampling technique used purposive sampling and obtained 18 informants from 14 faculties at Universitas Andalas. Data were obtained through focus group discussions with informants who had signed an informed consent sheet. The results showed that the perceptions of students who participated in MBKM activities could develop student’s soft skills. Merdeka Belajar Kampus Merdeka program has a positive impact on improving the ability of solve problems, critical thinking, communication, team work, creativity, time management, and leadership. Obstacles that students get when participating in MBKM activities and can hinder the development of soft skills include information discrepancies, difficulty converting credits, lack of socialization to students, unsynchronized technical guidelines, and limited use of language.

Alouisius Freddy Kurnia Sandy; Yugi Setyarko

Maeswara : Jurnal Riset Ilmu Manajemen dan Kewirausahaan 2026 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study aims to analyze the influence of Relationship Marketing (X1), Service Quality (X2) and Brand Attachment (X3) on Member Loyalty (Y) at the Usaha Sejahtera Credit Cooperative. The sample used was 100 respondents, with the sampling method using non-probability sampling with simple random sampling technique. The initial analysis on the research instrument, by transforming ordinal data to interval data using the Method of Successive Interval (MSI) then the data was further analyzed using SPSS (Statistical Product and Service Solutions) version 31. The data analysis carried out was Validity Test, Reliability Test, Classical Assumption Test (Normality Test, Multicollinearity Test, Heteroscedasticity Test (Glejser Test), Linearity Test, Correlation, Multiple Linear Regression and Coefficient of Determination), Hypothesis Test (t test). The results of the study showed that Relationship Marketing (X1) partially had a significant effect on Member Loyalty (Y). Service Quality (X2) partially had a significant effect on Member Loyalty (Y). Brand Attachment (X3) has a partial and significant influence on Member Loyalty (Y).

Vidya Ayuningtyas; Clarisa Clarisa; Novita Rahmawati; Albertus Satrio; Kristanta Kristanta +2 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Debt restructuring and Suspension of Debt Payment Obligations (PKPU) are legal instruments in the Indonesian bankruptcy system aimed at providing legal protection and maintaining a balance of interests between debtors and creditors. In practice, the PKPU process is not only related to the settlement of debts but also involves business continuity, legal certainty, and the stability of the business world. This research aims to analyze the position and optimization of the role of advocates in debt restructuring and the PKPU process in Indonesia, as well as to examine their role in providing legal protection for both debtors and creditors. The research uses a normative juridical method with a legislative and conceptual approach thru the analysis of Law Number 37 of 2004 concerning Bankruptcy and PKPU, Law Number 18 of 2003 concerning Advocates, the Civil Code, as well as various regulations related to the resolution of commercial disputes. The research results show that lawyers hold a strategic position not only as legal representatives in Commercial Courts but also as legal advisors, negotiators, and debt restructuring facilitators who play a role in maintaining the balance of legal protection for the parties involved. The optimization of the role of lawyers is necessary thru the strengthening of professionalism, integrity, business competence, and a business rescue approach so that the PKPU and bankruptcy processes are not misused as tools of business pressure, but rather become means of fair, effective, and legally certain commercial dispute resolution.

Rizki Aditiya; Agus Sihono

Jurnal Riset Rumpun Ilmu Ekonomi 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the effect of Independent Board of Commissioners, Audit Committee, Family Ownership, and Voluntary Disclosure on Debt Costs in Basic Materials manufacturing companies listed on the Indonesia Stock Exchange for the period 2021-2023. Using purposive sampling and multiple linear regression analysis, the results show that the Independent Board of Commissioners and Family Ownership have a negative and significant effect on debt costs, while the Audit Committee, measured by meeting frequency, has a significant positive effect, and Voluntary Disclosure has no significant effect. These findings indicate that increased independent supervision and family control can reduce debt costs, but a high frequency of audit committee meetings can create a greater perception of risk in the eyes of creditors. This study has important implications for management and regulators in improving the quality of corporate governance and supervision to reduce debt costs.

Fathia Ariandini Zulhian; Etty Mulyati; Agus Suwandono

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Syndicated credit serves as a response for banks in extending loans as an alternative financing mechanism when constrained by the legal lending limit. Syndicated loans have a distinctive characteristic, namely the requirement for collective decision-making among creditors to reach a resolution. Consequently, collateral execution is often delayed or not carried out optimally to recover bank receivables, resulting in participating banks bearing losses for a relatively long period. This research employs a normative juridical approach with descriptive-analytical research specifications using qualitative methods based on relevant legal norms and theories. The results show that the legal relationship between the bank agent and the syndicated creditors constitutes an agency relationship, namely a special power of attorney as regulated under the Civil Code. The Bank Agent, consisting of the Facility Agent, Security Agent, and Escrow Agent, acts according to their respective duties for the benefit of the syndicate within the scope of authority agreed upon in the credit agreement. The resolution of non-performing loans in syndicated credit schemes should be carried out by referring to credit rescue and settlement mechanisms as regulated in the OJK Regulation concerning the Asset Quality Assessment of Commercial Banks through the prudential principle. The legal liability of the Bank Agent or Security Agent arises only when it can be proven that the agent has acted beyond the authority granted to it.