JAKARTA – Committee IV DPD RI carried out empirical researches as part of the preparation of the Draft Law (RUU) concerning changes to Law no. 1 of 2016 concerning Guarantees.
“Guarantee activities are activities of security or protection against the risk of financial loss that may occur,” said Mesranian as Head of the Session Bureau II DPD RI in his remarks.
“With credit guarantees, financial institutions could feel the safety with the credit risk provided, while MSMEs as debtors can be empowered in developing business potential because the company’s position becomes more bankable,” he added.
Meanwhile, Prof. Mohamad Irhas Effendi, Chancellor of UPN Veterans Yogyakarta, in his remarks highlighted the challenges of drafting bills in Indonesia.
“There are two challenges in drafting bills in Indonesia. The first is synchronization and the second is harmonization,” he said.
He hopes that the drafting of a bill on amendments to Law no. 1 of 2016 concerning Guarantees to run well and smoothly.
Prof. Zaenal Arifin Husein, team of experts on the Guarantee Bill, Emil Dardak, explained the background to the changes to Law no. 1 of 2016 concerning Guarantees.
“There are several main problems. First is the norm. The second is the problem of strengthening state commitments. Then, the problem of guaranteeing the direction of MSME development through the guarantee institution. Then, there are problems with technology and the use of IT networks in product marketing,” he said regarding the main problems of MSMEs through guarantee institutions.
It’s all because, he added, the guarantee institutions experienced various obstacles–from the regulatory constraints, limited aspects of capital, risk mitigation, to MSME infrastructure.
Another team of experts on the Bill of Guarantee, Dr. Rusli Simanjuntak, explained the scope of changes to the Guarantee Bill. One of them is written in the article 18 and is hoped can be changed to “The Financial Services Authority must notify the applicant regarding the completeness of the proposed business license application no later than 15 (fifteen) working days after the Financial Services Authority receives the application for a business license”.
“The reason is, so far the OJK has not been able to provide answers to applications for business licenses from the perpetrators,” he explained.
Dr. Ardito Bhinadi, lecturer at the Faculty of Economics and Business at UPN “Veteran” Yogyakarta, also shared his input on this empirical research.
According to him, regarding who benefits from the existence of a credit guarantee institution, “actually everyone could get the benefits, both MSME and financial institutions”.
Therefore, he proposed that loan guarantees be channeled by Islamic savings and loan cooperatives or cooperatives that have savings and loan and Islamic financing business units to their members.
Dr. Murti Lestari, a UKDW Faculty of Business lecturer, conveyed a number of issues related to guarantees. Among them are the problems of guarantee institutions and the character of MSMEs.
With these various problems and characteristics, according to her, the potential of guarantee institutions needs to be divided according to business scale.
“For example, guarantee institutions for micro-enterprises are under the regional government. Small businesses are served by private guarantee institutions. Medium-sized businesses are served by guarantee institutions on a national scale and BUMN. However, this does not need to be regulated rigidly so that consumers and business actors are freed according to market mechanisms,” she explained.
“Jamkrindo needs to expand the service area, so that people become more knowledgeable, then this will create demand,” she added.
Bambang Sri Wahono, an advocate, delivered his paper on the impact of guarantee law.
“The facts obtained so far provide another point of view that in reality many MSMEs prefer to seek alternative guarantees from family or relatives who own land to serve as credit guarantees to the Bank on the consideration that MSMEs do not need to pay compensation for services. to those who lend collateral,” he explained.
Therefore, he concluded that it was necessary to have an agreement that binds the parties (MSMEs, Banks and Guarantee Institutions).
Empirical Research in the context of drafting the Bill on amendments to Law no. 1 of 2016 concerning Assurance is one of the references in enriching academic text content material.
All empirical input has been recorded and will become a discussion and material for deepening the revision of the Guarantee Law discussed by Committee IV DPD RI.
