Regulatory Sentification Credit Transfer

Oct 13, 2025 by talynt.org 114 views

Analysis of Syndicated Credit Transitional Legal and Material Guarantee from Bank Permata to Silver Touch Group Limited (Study of MA RI Decision No. 536 K/PDT/2007)

Introduction

The syndicated credit agreement is a form of cooperation between several banks in providing loans to debtors who need large amounts of funds, which cannot be served by one bank. The transfer of syndicated credit, especially in the context of civil law, has provisions that are not specifically regulated in banking law in Indonesia. This transfer process can be carried out through an agreement between the parties involved and one of the commonly used methods is Cessie. In this study, we will discuss regulations related to the transfer of syndicated credit, legal protection for the parties in the transfer process, and the analysis of the Supreme Court's decision in the cassation case involving new creditors.

Regulatory Sentification Credit Transfer

In accordance with the Civil Code (Kuhperdata), credit transfer can be done through Cessie, which is a process that allows old creditor to transfer their rights to new creditors. In the context of syndicated credit, the existence of many parties (banks) involved in providing loans makes this arrangement more complex. Nevertheless, the transfer of syndicated credit is still allowed as long as it meets the applicable legal provisions.

The Supreme Court's decision examined, Bank Permata as one of the syndicated banks was recognized as making a mistake because it did not fulfill its obligations as a seller of receivables. As a result, the new creditor, in this case the Silver Touch Group Limited, suffered significant financial losses and seeking legal protection. The Supreme Court also decided to support the Silver Touch Group Limited claim by requiring Bank Permata to pay compensation due to default.

The transfer of syndicated credit requires an adequate guarantee to protect the rights of both parties. The law regulates preventive and repressive legal protection. Preventive protection, for example, is carried out through the manufacture of authentic deeds when buying and selling receivables. Meanwhile, repressive protection arose when the court received a lawsuit from a new creditor to resolve disputes.

Legal Protection in Credit Transfer

The Supreme Court's decision shows the importance of the preparation of appropriate contracts and in accordance with legal provisions, so that if there is a default, the parties can easily determine the necessary legal steps. In this case, the inability of the Defendant to provide guarantees needed is one of the basis for determining default.

The Role of Cessie in Credit Transfer

Cessie is a process that allows old creditor to transfer their rights to new creditors. In the context of syndicated credit, the existence of many parties (banks) involved in providing loans makes this arrangement more complex. Nevertheless, the transfer of syndicated credit is still allowed as long as it meets the applicable legal provisions.

The use of Cessie in credit transfer provides several benefits, including:

Simplification of the transfer process: Cessie allows for the transfer of rights from old creditors to new creditors, simplifying the process and reducing the risk of disputes.
Increased security: Cessie provides a clear and transparent process for the transfer of rights, increasing security for both old and new creditors.
Improved efficiency: Cessie allows for the efficient transfer of rights, reducing the time and cost associated with the transfer process.

The Importance of Legal Protection in Credit Transfer

Conclusion and Recommendations

Analysis of the transfer of syndicated credit and the Supreme Court's decision underlines the need for a more assertive arrangement of Cessie. With a clear regulation, the potential for future conflict can be minimized. In addition, judicial institutions need to increase professionalism in handling cases related to credit transfer, so that people can obtain maximum legal protection.

The parties involved in the credit contract also need to better understand their respective rights and obligations. Awareness of legal risks can help them to be better prepared to face the possibility of default and its consequences. In this context, education and understanding of the law are very important to create a healthy relationship between creditors and debtors.

Thus, a clear arrangement and awareness of rights and obligations will help create a more stable and fair financial system.

Recommendations for Future Research

Based on the analysis of the transfer of syndicated credit and the Supreme Court's decision, the following recommendations for future research are proposed:

Further study on the regulation of Cessie: A more in-depth study on the regulation of Cessie is needed to provide a clearer understanding of the process and its implications.
Analysis of the impact of Cessie on the financial system: An analysis of the impact of Cessie on the financial system is needed to determine its effectiveness in promoting financial stability.
Development of a more assertive arrangement of Cessie: A more assertive arrangement of Cessie is needed to minimize the potential for future conflict and promote a more stable financial system.

By following these recommendations, future research can provide a more comprehensive understanding of the transfer of syndicated credit and the role of Cessie in promoting financial stability.
Q&A: Analysis of Syndicated Credit Transitional Legal and Material Guarantee from Bank Permata to Silver Touch Group Limited (Study of MA RI Decision No. 536 K/PDT/2007)

Q: What is a syndicated credit agreement?

A: A syndicated credit agreement is a form of cooperation between several banks in providing loans to debtors who need large amounts of funds, which cannot be served by one bank.

Q: What is Cessie?

A: Cessie is a process that allows old creditor to transfer their rights to new creditors. In the context of syndicated credit, the existence of many parties (banks) involved in providing loans makes this arrangement more complex. Nevertheless, the transfer of syndicated credit is still allowed as long as it meets the applicable legal provisions.

Q: What are the benefits of using Cessie in credit transfer?

A: The use of Cessie in credit transfer provides several benefits, including:

Simplification of the transfer process: Cessie allows for the transfer of rights from old creditors to new creditors, simplifying the process and reducing the risk of disputes.
Increased security: Cessie provides a clear and transparent process for the transfer of rights, increasing security for both old and new creditors.
Improved efficiency: Cessie allows for the efficient transfer of rights, reducing the time and cost associated with the transfer process.

Q: What is the importance of legal protection in credit transfer?

A: The transfer of syndicated credit requires an adequate guarantee to protect the rights of both parties. The law regulates preventive and repressive legal protection. Preventive protection, for example, is carried out through the manufacture of authentic deeds when buying and selling receivables. Meanwhile, repressive protection arose when the court received a lawsuit from a new creditor to resolve disputes.

Q: What is the role of the Supreme Court in credit transfer?

A: The Supreme Court plays a crucial role in credit transfer by providing legal protection to both old and new creditors. The Supreme Court's decision shows the importance of the preparation of appropriate contracts and in accordance with legal provisions, so that if there is a default, the parties can easily determine the necessary legal steps.

Q: What are the recommendations for future research?

A: Based on the analysis of the transfer of syndicated credit and the Supreme Court's decision, the following recommendations for future research are proposed:

Further study on the regulation of Cessie: A more in-depth study on the regulation of Cessie is needed to provide a clearer understanding of the process and its implications.
Analysis of the impact of Cessie on the financial system: An analysis of the impact of Cessie on the financial system is needed to determine its effectiveness in promoting financial stability.
Development of a more assertive arrangement of Cessie: A more assertive arrangement of Cessie is needed to minimize the potential for future conflict and promote a more stable financial system.

By following these recommendations, future research can provide a more comprehensive understanding of the transfer of syndicated credit and the role of Cessie in promoting financial stability.