Jakarta | Not only through restructuring mechanisms, Bank Mandiri is also committed to reducing exposure to non-performing loans (NPL). This is done by optimizing collateral execution, either through asset auctions or personal and corporate guarantees.
However, this commitment often faces several fundamental obstacles, such as overlapping regulations related to guarantee institutions and weak legal certainty regarding these institutions. This issue is not solely a challenge for Bank Mandiri but also a concern for other banking industry players.
Guarantee institutions provide solutions by offering guarantees to debtors or third parties, either in material form (mortgages, fiduciary guarantees, pledges) or immaterial form (personal/corporate guarantees), ensuring loan repayment if the debtor defaults. Without legal certainty, creditors will face difficulties executing the collateral and recovering the loans provided.
Former Deputy President Director of Bank Mandiri, Riswinandi, stated that obstacles hindering the banking sector in resolving NPLs must be urgently addressed to improve asset recovery rates, lower NPL levels, and boost loan disbursement to the public and businesses.
Common challenges include collateralized assets being included in bankruptcy estates by curators and differing views on collateral value based on the Tax Object Sales Value (NJOP). “Other obstacles include the lack of consistent understanding by judicial institutions regarding fiduciary guarantee executions,” said Riswinandi.
Similarly, Atja Sondjaja SH, Deputy Chair of Civil Affairs at the Supreme Court, explained that banks, as fund providers in the form of credit, face significant risks of loan defaults. High levels of bad loans can affect banking performance, making it crucial to have legal instruments that protect loan recoveries and compensation.
Legal practitioner and curator Swandy Halim added that optimizing the resolution of problematic loans also depends on the speed of collateral asset execution. Therefore, ensuring the legal status of collateral assets is essential for achieving a fast and optimal resolution.
Meanwhile, Prof. Dr. Sutan Remi Syahdeini, Professor of Business Law and Legal Practitioner, emphasized that legal protection for guarantee institutions, as stipulated by existing regulations, should be respected and fully implemented to avoid overlapping regulations.
This summary reflects opinions shared during a workshop titled “Effectiveness and Legal Certainty of Guarantee Institutions in Resolving Problematic Loans” held at the Plaza Mandiri Building Auditorium. The event was attended by participants from various backgrounds, including state-owned and private banks, the Ministry of Finance, and the general judiciary.
Source: kabarbisnis.com