Jurnal Ilmu Kepolisian
Vol 19 No 1 (2025): Jurnal Ilmu Kepolisian Volume 19 Nomor 1 Tahun 2025

Analysing the Settlement of Banking Bad Debts through Cession (Transfer of Receivables Mechanism)

Effendy, Edrick Edwardina (Unknown)
Dasuki, Donny Rustriyandi (Unknown)



Article Info

Publish Date
24 Apr 2025

Abstract

Bad debts in banks can arise from debtor negligence, lack of good faith, or incompetence. These bad debts negatively impact a bank’s performance and require immediate resolution. One effective method to address them is by selling or transferring receivables through a legal process known as cession. In this process, a bank (as the original creditor) transfers its claim or credit receivable to another party (the new creditor). As a result, the rights and obligations of the original creditor shift to the new one. This study uses a normative legal approach, focusing on how banks can resolve bad debts through cession. Legally, the transfer of receivables changes the relationship between the debtor and creditor. Cession can be an effective solution for banks, especially when facing legal challenges in executing mortgage right auctions. It offers a faster and simpler legal route, with lower legal risks if proper risk mitigation is in place. To protect creditors legally, risk mitigation should be conducted beforehand. This includes financial risk assessments, ensuring all collateral is properly signed and registered, and notifying debtors of the receivables transfer. With these precautions, the cession mechanism can serve as a strategic and legally sound approach to resolving bad debts.

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Journal Info

Abbrev

JIK

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Police Science Journal is an academic journal for police science studies, published by the Indonesian Police Sccience College - PTIK. The Police Science Journal contains several studies and reviews of scientific disiciplines related to Police Science, namely Law, Social Sciences, Sociology, ...