Presidential Decree Number 56 In 2002

Original Language Title: Keputusan Presiden Nomor 56 Tahun 2002

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f369c6340bbeb313231393432.html

KP 56-2002 Text copy _?.
Returns the NUMBER of the INDONESIAN PRESIDENTIAL DECREE 56 of 2002 ABOUT the RESTRUCTURING of CREDIT for SMALL BUSINESSES, MEDIUM and the PRESIDENT of INDONESIA,.,, Considering: a. that in order to speed up the process of recovery and development of economic justice, required special efforts of the Bank rescue, protection and small and medium enterprises;
.,, b. that special efforts referred to in letter a is done with restructuring credit small and medium enterprises are bogged down due to the crisis;
.,, c. that based on considerations as referred to in letters a and b have to establish the Presidential Decree on the restructuring of small and medium business credit;
.,, Considering: 1. Article 4 paragraph (1) of the 1945 Constitution as amended by the third change of the Constitution of 1945;
., ,2. Act No. 49 Prp. The 1960 State of Affairs Committee of accounts receivable (Gazette of the Republic of Indonesia Number 156 in 1960, an additional State Gazette Number 2063);
., ,3. Act No. 25 of 1992 concerning Perkoperasian (State Gazette of the Republic of Indonesia Number 116 of 1992, an additional Sheet country number 3502);
., ,4. Law No. 1 year 1995 concerning limited liability company (State Gazette of the Republic of Indonesia number 13 in 1995, an additional State Gazette Number 3587);
., ,5. Act No. 9 of 1995 concerning small enterprises (State Gazette of the Republic of Indonesia Number 74 in 1995, an additional State Gazette Number 3611);
., ,6. Act No. 11 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia year 1999 Number 66, State Gazette Supplementary Number 3843);
., ,7. Act No. 25 of 2000 about National Development Programme 2000-2004 (State Gazette of the Republic of Indonesia year 2000 Number 206);
., ,8. Government Regulation Number 32 in 1998 about coaching and Small Business Development (Gazette of the Republic of Indonesia Number 46 in 1998; Additional Sheet country number 3743);
., ,9. Government Regulation No. 17 of 1999 regarding Indonesian bank restructuring Agency (State Gazette of the Republic of Indonesia year 1999 number 30, additional State Gazette Number 3814) as it has several times changed with the Government Regulation Number 47 in 2001 (State Gazette of the Republic of Indonesia Number 71 in 2001, additional State Gazette Number 4102);
., .10. Presidential Decree Number 27 in 1998 on the establishment of the Indonesian bank restructuring agency;
DECIDED:.,, define: PRESIDENTIAL DECREE on the RESTRUCTURING OF SMALL and MEDIUM BUSINESS LOAN.
Article 1 In this Presidential Decision, which is:.,, 1. credit Restructuring is an effort undertaken Bank and Indonesian bank restructuring Agency (Ibra) to credit small and medium enterprises so that the small and medium business the debtor can meet its obligations.
., ,2. The Bank is the bank that wholly or majority owned by the Government.
., ,3. Indonesian bank restructuring Agency (Ibra) is an agency as stipulated in Presidential Decree Number 27 in 1998.
., ,4. Directorate General of accounts receivable and the Auction of the State is under the Directorate General of the Treasury Department that handles accounts receivable and auction.
., ,5. Credit is the provision of money or bills that can be persamakan with that, upon approval of a loan agreement between the Bank borrowed by others mewajib-kan borrowers to pay off debts after a certain period of time with the giving of flowers.
., ,6. Small businesses are the activities as set forth in Act No. 9 of 1995 concerning small enterprises.
., ,7. Medium businesses are activities as set forth in the provisions of laws and regulations concerning business medium.
Article 2, (1) credit restructuring of small and medium enterprises are granted to individuals or business entities that are classified as small and medium enterprises that have a total launched credit per 31 December 1997 and/or residual debt principal up to Rp RP 5 billion (five billion rupiah) per debtor at the bank and or the Indonesian bank restructuring agency.
.,, (2) small and medium enterprises Credit referred to in subsection (1) is a credit that is used for productive activities or Simple Mortgages/Home is very simple (KPR RS/RSS) acquired before December 31, 1997 and was declared stuck between January 1, 1998 until December 31, 2000.
Article 3 the individual or business entity as referred to in article 2 must satisfy the following requirements:.,, a. willing to cooperate (cooperative) and has in good faith to resolve the debt;
.,, b. still have good business prospects but are having difficulties of payment of principal and interest or credit;
.,, c. credits earned have been processed in accordance with the provisions of the applicable regulations and in accordance with the policies and procedures of the bank; and, d.., not including a company that is a subsidiary of a large or major business groups.
Section 4.,, (1) credit restructuring implementation of small and medium enterprises as referred to in article 2 committed by the Bank, in accordance with the provisions of Bank Indonesia and the articles of each Bank, as well as the Indonesian bank restructuring Agency (Ibra), in accordance with the provisions of the legislation applicable to the Indonesian bank restructuring Agency (Ibra).
.,, (2) bad debts which manage them have been submitted to the Directorate of accounts receivable and the Auction of the State, at the request of the Bank can be withdrawn through the mechanism of withdrawal without having to deliver the proposal.
.,, (3) the recall over the credit referred to in subsection (2) is not subject to the administrative fee Receivables Management State.
Article 5 the Minister of State-owned enterprises as the general meeting of shareholders (GMS) or representatives of the Government as a shareholder in State-owned enterprises/public limited company takes the necessary steps in order to credit restructuring of small and medium enterprises.

Section 6.,, (1) Credit Restructuring Programme In small and medium enterprises as referred to in article 2 on the debtor to a bank, small and medium enterprises can be given incentives as follows:.,,.,, a. in the event that the debtor pays cash for a period of 6 months since the promulgation of the presidential decree, be given incentives and pieces on the debt principal and interest and fines removal;
.,, b. in the event that the debtor could not pay in cash, the debtor may be given an extension of the period of repayment with interest and penalty exemption.
.,, (2) the magnitude of the incentive mentioned in paragraph (1) established by the Bank.
Chapter 7.,, (1) credit restructuring programme In small and medium enterprises conducted by the Indonesian bank restructuring Agency (Ibra) whereby the debtor can pay cash for a period of 6 (six) months since the promulgation of the presidential decree, be given incentives and pieces on the debt principal and interest and fines removal.
.,, (2) the magnitude of the incentive mentioned in paragraph (1) established by the Indonesian bank restructuring Agency (Ibra).
.,, (3) in case the debtor could not pay in cash, it will be solved:.,,.,, a. sales of its credit portfolio and/or guarantees by the auction mechanism is openly and transparently in accordance with applicable; b. establishment of a clearing house or joint venture.
Article 8 Surveillance program Restructuring Credit small and medium enterprises as referred to in the decision of the President is made by the Minister of State-owned enterprises according to applicable legislation.

Article 9.,, (1) State Minister for cooperatives and small and medium enterprises conducting socialization program Credit restructuring of small and medium enterprises.
.,, (2) in conducting the socialization, State Minister of cooperatives and small and medium enterprises can cooperate and help with related government agencies and/or other parties as deemed necessary.
Article 10 further Provisions as the implementation of the presidential decree is regulated by the Minister of finance, Minister of State-owned enterprises, and State Minister of cooperatives and small and medium enterprises either singly or together in accordance with the scope of the duties and authorities of each, at least 30 (thirty) days since the presidential decree was enacted.

Article 11 this presidential decree took effect on the date set.

.,, Set in Jakarta on July 29, 2002 the PRESIDENT of the REPUBLIC of INDONESIA, MEGAWATI SUKARNOPUTRI