The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia

This research reviews two issues: Firstly, it describes the imple-mentation of the receivable write-off of State-Owned Bank (BUMN Banks) in Indonesia, and secondly, it describes the relevance of the independence principles of directors and Good Corporate Governance to the implementation of receivabl...

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Main Author: Henrikus Renjaan
Format: Article
Language:English
Published: Hasanuddin University 2018-09-01
Series:Hasanuddin Law Review
Subjects:
Online Access:http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1298
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author Henrikus Renjaan
author_facet Henrikus Renjaan
author_sort Henrikus Renjaan
collection DOAJ
description This research reviews two issues: Firstly, it describes the imple-mentation of the receivable write-off of State-Owned Bank (BUMN Banks) in Indonesia, and secondly, it describes the relevance of the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of state-owned banks in Indonesia. This research uses normative and empirical juridical approaches. The normative approach includes research on the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of the state-owned bank, while empirical research is conducted to determine the process of claim abolishment by state-owned banks in Indonesia. The outcomes of the research indicate that the unresolved legal problem related to the state financial position in the state-owned banks due to conflict of public and private law norms causes the directors of state-owned banks have not dared to do the process of claim abolishment. Therefore, consi-dering that the principle of autonomy of directors and good corporate governance is enforced properly, no one is concerned about the risk of corporate policies related to the process of claim abolishment from a state-owned bank because, in its very essence, it is a Business Judgment Rule in the banking business practice.
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spelling doaj.art-9f80cba3171d41b898985ec3cfc79cf52022-12-21T17:58:16ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992018-09-014220421810.20956/halrev.v4i2.1298398The Implementation of Receivables Write-Off of the State-Owned Banks in IndonesiaHenrikus Renjaan0Sekolah Tinggi Ilmu Hukum (STIH) Bintuni, Papua BaratThis research reviews two issues: Firstly, it describes the imple-mentation of the receivable write-off of State-Owned Bank (BUMN Banks) in Indonesia, and secondly, it describes the relevance of the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of state-owned banks in Indonesia. This research uses normative and empirical juridical approaches. The normative approach includes research on the independence principles of directors and Good Corporate Governance to the implementation of receivables write-off of the state-owned bank, while empirical research is conducted to determine the process of claim abolishment by state-owned banks in Indonesia. The outcomes of the research indicate that the unresolved legal problem related to the state financial position in the state-owned banks due to conflict of public and private law norms causes the directors of state-owned banks have not dared to do the process of claim abolishment. Therefore, consi-dering that the principle of autonomy of directors and good corporate governance is enforced properly, no one is concerned about the risk of corporate policies related to the process of claim abolishment from a state-owned bank because, in its very essence, it is a Business Judgment Rule in the banking business practice.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1298BankBUMNGood Corporate GovernanceState-Owned Banks
spellingShingle Henrikus Renjaan
The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia
Hasanuddin Law Review
Bank
BUMN
Good Corporate Governance
State-Owned Banks
title The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia
title_full The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia
title_fullStr The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia
title_full_unstemmed The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia
title_short The Implementation of Receivables Write-Off of the State-Owned Banks in Indonesia
title_sort implementation of receivables write off of the state owned banks in indonesia
topic Bank
BUMN
Good Corporate Governance
State-Owned Banks
url http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1298
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