Penyelamatan Kredit Macet Melalui Pendekatan Restrukturisasi sebagai Upaya Meminimalisir Risiko Hukum (Studi pada PT. Bank Sumut)

Abstract

The activity of providing credit is at the core of banking operations but also carries inherent risks, one of which is non-performing loans (NPL). In addressing this risk, banks must implement proper management strategies, one of which is credit restructuring. Amid global economic dynamics and changes in national regulations, restructuring has become an important solution for salvaging troubled loans without burdening the debtors or harming the bank. PT. Bank Sumut, as a regional banking institution, faces similar challenges, with fluctuating non-performing loan rates over the past five years. Although restructuring efforts have been carried out and shown positive results, their implementation still faces obstacles, particularly in legal and regulatory aspects. Discrepancies between restructuring practices and prevailing legal provisions can pose new legal risks for the bank. Therefore, it is crucial for PT. Bank Sumut to adopt a restructuring approach based on comprehensive legal analysis, in order to reduce potential disputes and maintain the bank’s financial stability. This research examines the efforts to resolve non-performing loans through restructuring as a strategic step to minimize legal risks in the banking sector, with a focus on the practices implemented by PT. Bank Sumut. The research method used in writing this thesis is empirical legal research with a statutory approach. The purpose of this thesis is to understand the legal regulations governing the management of non-performing loans in Indonesia, the legal urgency of the restructuring approach undertaken by PT. Bank Sumut in managing non-performing loans to minimize legal risk, and the legal consequences of the restructuring approach implemented by PT. Bank Sumut in managing non-performing loans to reduce legal risk. According to the law, the management of non-performing loans can be carried out in two (2) ways: through restructuring of the non-performing loans or through write-offs of bad debts, as regulated in Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector and Government Regulation Number 47 of 2024 concerning the Write-Off of Bad Debts for Micro, Small, and Medium Enterprises. The urgency of restructuring lies in its role as a form of compliance with banking regulations, risk management and financial stability, enhancing competitiveness in the digital era, safeguarding assets and shareholder interests, and its impact on regional economic growth. Naturally, restructuring has legal consequences, and it is considered highly effective in resolving non-performing loans as it includes interest rate reductions, term extensions, and reductions in overdue credit and principal arrears, thereby enabling debtors to fulfill their obligations once again.