Tort As Absurd Claims In Credit Restructuring

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Johannes Ibrahim Kosasih, Theresia Anita Christiani

Abstract

Restructuring is a credit rescue process to mitigate the risk from the Bank against non-performing loans. The restructuring results from a mutual agreement between the Bank and the Debtor. Restructuring does not always solve credit problems, and if it fails, the Bank can take execution actions as the last step. The execution of the guarantee creates problems in banking practice. It is considered detrimental to the Debtor, thus giving rise to a civil lawsuit using the "Tort claim" under Article 1365 of the Civil Code. Based on this problem, the purpose of this paper is to examine what banks can take legal remedies in dealing with lawsuits against debtors in credit restructuring?. The results show that banks can take legal remedies in dealing with lawsuits against the Debtor's law in credit restructuring can be divided into preventive and repressive legal remedies. The research method used in this paper is normative juridical with a statute approach and conceptual (conceptual approach).


 

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