Nur`ainy Agmilya Sasmitha
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Kejahatan Korporasi dalam Kasus Bantuan Likuiditas Bank Indonesia (BLBI): Analisis Yuridis terhadap Penyimpangan, Pertanggungjawaban Hukum, dan Dampaknya terhadap Keuangan Negara Nur`ainy Agmilya Sasmitha; Rahayu Sri Utami
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/tjd74a54

Abstract

The Bank Indonesia Liquidity Assistance (BLBI) case represents one of the most significant corporate crime cases in Indonesia’s banking history, revealing complex interactions between regulatory weaknesses, corporate misconduct, and state financial losses. This study examines corporate crime in the BLBI case through a juridical analysis focusing on deviations in fund utilization, legal accountability mechanisms, and their impact on state finances. The findings indicate that the misuse of BLBI funds was facilitated by inadequate banking supervision, weak corporate governance, and ineffective enforcement of prudential principles during the financial crisis. Although Indonesian law provides a framework for corporate criminal liability and asset recovery, practical implementation has faced substantial legal and institutional challenges. The BLBI case has caused not only massive financial losses to the state but also long-term consequences for public trust in the banking system and legal institutions. Therefore, strengthening legal accountability, enhancing transparency, and reforming banking supervision are essential measures to prevent similar corporate crimes and to safeguard state financial interests in the future.
Upaya Hukum untuk Mencegah Sengketa terhadap Debitur yang Mengalihkan Kredit Pemilikan Rumah Melalui Cessie Nur`ainy Agmilya Sasmitha; Ahmad Heru Romadhon
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/nke57p60

Abstract

The transfer of Home Ownership Credit (Kredit Pemilikan Rumah) through cessie constitutes a legally recognized mechanism for the assignment of receivables, yet it frequently generates legal disputes when debtor protection is inadequately ensured. This study examines legal efforts aimed at preventing disputes arising from the transfer of mortgage credit through cessie, with a particular focus on the position of debtors. Using a normative juridical approach, the research analyzes statutory regulations, legal doctrines, and relevant court decisions related to receivables transfer and security rights. The findings reveal that disputes commonly emerge due to insufficient notification to debtors, procedural deficiencies in the execution of cessie, and ambiguities concerning the continuity of mortgage guarantees. Preventive legal measures, including contractual clarity, compliance with statutory requirements, and strengthened institutional oversight, play a crucial role in reducing dispute potential. When preventive mechanisms fail, repressive legal remedies through litigation and alternative dispute resolution function as corrective instruments to restore legal balance. The study concludes that an integrated legal framework combining preventive and repressive measures is essential to ensure legal certainty and effective debtor protection in cessie-based mortgage transfers.