Financing Assistance and Cessie Receivable Bills

Oct 13, 2025 by talynt.org 14 views

Legal Risks for Cessie Billing Receivables as Credit Guarantee to Financing Companies (Study at PT Permodalan Nasional Madani (Persero) Medan Branch)

Economic Crisis and the Role of PT. Madani National Capital (Persero)

The economic crisis that hit Indonesia has shaken the economic joints of various business sectors, both large, medium, and small scale. This condition significantly affects Indonesia's economic growth. The presence of PT. Madani National Capital (Persero) provides new hope for the business world in Indonesia. As a state-owned enterprise, PT. Madani National Capital (Persero) plays a crucial role in providing financing assistance to micro, small, and medium enterprises (MSMEs) through two ways: First, directly through the Micro Capital Service Unit (ULAMM) owned by PT. Madani National Capital (Persero), and Second, through cooperatives and People's Credit Banks that have been incorporated.

Financing Assistance and Cessie Receivable Bills

One of the guarantees received in the distribution of financing in the second way is the receivable bill. Cessie is an agreement in which the creditor diverts the rights of his receivables to other parties. In carrying out financing/credit distribution activities with receivable bills as guaranteed, PT. Madani National Capital (Persero) faces the problem of the risk of loss for credit guaranteed by the Cessie Receivable Bill. This risk is a significant concern for PT. Madani National Capital (Persero) as it can lead to financial losses and damage to its reputation.

Cessie Legal Analysis of Receivables Bill as Credit Guarantee

This study uses a normative juridical method with a statute approach (statute approach) which examines the legislation and related legal materials. This study examined how the regulation of receivable bills in the Civil Code Article 613 and Cessie Bill of Receivables as Credit Guarantee According to Applicable Law, such as Law Number 42 of 1999 concerning Fiduciary Guarantee and other related regulations.

The results showed several important things:

Cessie As Fiduciary Guarantee

After the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantee, Cessie for receivables included in the fiduciary institution. That is, Cessie for receivables as a guarantee of credit/financing is bound by fiduciary guarantees. This means that PT. Madani National Capital (Persero) must comply with the regulations and procedures set forth in the law when using Cessie receivable bills as credit guarantees.

Cessie Loading Procedure

Cessie loading receivables must be preceded by the main agreement, namely the financing agreement, which is then followed by a binding agreement (fiduciary guarantee) of the receivable bill. After the fiduciary guarantee deed is signed, the owner of the right to guarantee or its power is required to register it with the Department of Law and Human Rights, the General Legal Services Section. This registration is regulated in the Government Regulation of the Republic of Indonesia Number 86 of 2000, Chapter II, Article 2 Paragraph (1) to (4).

Risk of Cessie Losses at PT. Madani National Capital (Persero)

Cessie Receivable Bill as Credit Guarantee at PT. Madani National Capital (Persero) has a high risk of loss. These risks include:

Debtor Debtor Cedent

Debtor Cedent (Parties who divert the right of billing) do not fulfill their obligations in the financing agreement. This can lead to financial losses for PT. Madani National Capital (Persero) as it may not receive the expected payments from the debtor.

Changes in Cessie's Nominal Value

Cessie Nominal Value of Receivable Bills Changed due to the repayment of one of the Cessus debtors (the party transferred of his billing rights). This can lead to a decrease in the value of the receivable bill, making it less attractive to investors.

Force Majeure

The occurrence of extraordinary events that cannot be avoided and cause losses, for example natural disasters. This can lead to a significant increase in the risk of loss for PT. Madani National Capital (Persero).

Mitigation of Risk and Suggestions

PT. Madani National Capital (Persero) needs to pay attention to the risk of losses faced in the application of the Cessie Bill of Receivables as a Credit Guarantee. Here are some suggestions to minimize risk:

Debtor Verification

PT. Madani National Capital (Persero) needs to carry out strict verification of the CEDENT debtor before providing financing, including checking credit history and financial capability.

Debtor Monitoring

PT. Madani National Capital (Persero) must regularly monitor the performance and ability of the CEDENT debtor to pay off their obligations.

Credit Insurance

Considering using credit insurance as an additional protection against the risk of Debtor Cedent Debtor Default.

Improvement of the Registration System

Strengthening the Fiduciary Guarantee Registration System to ensure the validity and validity of the Cessie Bill of Receivables as guaranteed.

Socialization and Education

Increasing socialization and education to debtors and creditors related to the procedures and risks of receivable bills as a credit guarantee.

By understanding legal risks and applying appropriate mitigation steps, PT. Madani National Capital (Persero) can be more effective in carrying out financing/credit distribution activities with receivable bills as guaranteed, as well as minimizing the risk of loss and supporting Indonesia's economic growth.
Frequently Asked Questions (FAQs) about Cessie Billing Receivables as Credit Guarantee to Financing Companies

Q1: What is Cessie Billing Receivables?

A1: Cessie is an agreement in which the creditor diverts the rights of his receivables to other parties. In the context of financing, Cessie billing receivables refers to the practice of using receivable bills as a credit guarantee for financing companies.

Q2: What is the purpose of using Cessie billing receivables as a credit guarantee?

A2: The purpose of using Cessie billing receivables as a credit guarantee is to provide financing companies with a secure and reliable way to lend money to borrowers. By using receivable bills as a credit guarantee, financing companies can reduce the risk of default and ensure that they receive their payments.

Q3: What are the benefits of using Cessie billing receivables as a credit guarantee?

A3: The benefits of using Cessie billing receivables as a credit guarantee include:

Reduced risk of default
Increased security for financing companies
Improved cash flow for borrowers
Increased access to credit for small and medium-sized enterprises (SMEs)

Q4: What are the risks associated with using Cessie billing receivables as a credit guarantee?

A4: The risks associated with using Cessie billing receivables as a credit guarantee include:

Risk of default by the borrower
Risk of changes in the value of the receivable bill
Risk of force majeure events
Risk of non-compliance with regulatory requirements

Q5: How can financing companies mitigate the risks associated with using Cessie billing receivables as a credit guarantee?

A5: Financing companies can mitigate the risks associated with using Cessie billing receivables as a credit guarantee by:

Conducting thorough credit checks on borrowers
Monitoring the performance of borrowers
Using credit insurance to protect against default
Improving the registration system for Cessie billing receivables
Providing education and training to borrowers on the procedures and risks associated with Cessie billing receivables

Q6: What are the regulatory requirements for using Cessie billing receivables as a credit guarantee?

A6: The regulatory requirements for using Cessie billing receivables as a credit guarantee include:

Compliance with the Civil Code Article 613
Compliance with the Law Number 42 of 1999 concerning Fiduciary Guarantee
Registration of the Cessie billing receivable with the Department of Law and Human Rights
Compliance with the Government Regulation of the Republic of Indonesia Number 86 of 2000

Q7: How can borrowers benefit from using Cessie billing receivables as a credit guarantee?

A7: Borrowers can benefit from using Cessie billing receivables as a credit guarantee by:

Improving their access to credit
Reducing their risk of default
Increasing their cash flow
Improving their financial stability

Q8: What are the future prospects for the use of Cessie billing receivables as a credit guarantee?

A8: The future prospects for the use of Cessie billing receivables as a credit guarantee are promising, with the potential for increased adoption and use in the financial sector. However, it is essential to address the regulatory and risk management challenges associated with this practice to ensure its continued growth and development.

By understanding the benefits and risks associated with using Cessie billing receivables as a credit guarantee, financing companies and borrowers can make informed decisions about their use of this practice and ensure its continued growth and development in the financial sector.