LEGAL CERTAINTY OF THE SALE OF STATE RECEIVABLES IN THE FORM OF CESSIE TO BUYERS AFFILIATED WITH THE DEBTOR

Abstract

Decision of the Financial Sector Policy Committee Number: Kep.03/K.KKSK/ll/2000 dated November 10, 2000 and Guidelines for the Implementation of the Credit Asset Sales Program III (PPAK III) of the National Bank Restructuring Agency which prohibits the purchaser of receivables from having a relationship (affiliated) with the debtor, either directly or indirectly. In practice, the National Bank Restructuring Agency (IBRA) sells state receivables in the form of a Cessie to buyers affiliated with the debtor. As for the formulation of the problem in this study, namely how to regulate the sale of state receivables in the form of claims on behalf (Cessie) to buyers who are affiliated with the debtor? And how is the legal certainty of the sale of state receivables in the form of a Cessie to buyers who are affiliated with the debtor? This research is a normative juridical research so that what is studied is the legal principles and legal rules that are still valid from the literature and court decisions. The theory used in this research is the causal theory according to Aristotle and the legal certainty theory according to Ultrecht. The results show that the regulation of the sale of state receivables in the form of claims on behalf of (Cessie) to buyers affiliated with the debtor, as stated in Article 613 of the Civil Code where Cessie is the delivery of receivables on behalf of and other intangible objects, is carried out by making an authentic deed or under the hand, with which the rights to the material are delegated to others. Where in the implementation must comply with the Decision of the Financial Sector Policy Committee Number Kep.03/K.KKSK/ll/2000 and Guidelines for the Implementation of the Credit Asset Sales Program III (PPAK III) of the National Bank Restructuring Agency which prohibits the purchaser of receivables from having a relationship (affiliated) with debtors, either directly or indirectly. Legal certainty of the sale of state receivables in the form of a Cessie to buyers who are affiliated with the debtor is still valid if the transfer process is in accordance with the provisions of Article 613 of the Civil Code and in accordance with the provisions of Article 1320 of the Civil Code. However, if the seller can legally prove that in the process of buying and selling state receivables in the form of a Cessie there is a legal fact of affiliated parties, then the sale of state receivables can be cancelled. In this case, it is not “null and void” but becomes “cancellable” until the judge decides. This is because the sale and purchase of state receivables in the form of a Cessie violates subjective conditions, so that the seller as the aggrieved party has the right to request the cancellation of the agreement and demand recovery as before.