Kewenangan OJK Mengajukan Kepailitan Terhadap BPR dan Implikasinya Terhadap Perlindungan Kreditor Non-OJK

Abstract

Bankruptcy is a legal instrument used to resolve debt disputes; however, in the context of Rural Banks (BPR), the mechanism differs because only the Financial Services Authority (OJK) holds the exclusive authority to file for bankruptcy. This provision creates a legal disparity for non-OJK creditors, particularly in exercising their rights to debt repayment. This study aims to analyze OJK’s authority in filing for bankruptcy against BPR and to examine its legal implications for the protection of non-OJK creditors’ rights. The method used is normative legal research with a conceptual approach through literature study. The findings indicate that the transfer of authority from Bank Indonesia to OJK has not been followed by clear technical regulations regarding the requirements and procedures for BPR bankruptcy, resulting in a legal vacuum. Non-OJK creditors do not have legal standing in the bankruptcy process and must rely solely on OJK’s internal decisions, which are often slow and limited in accessibility. Therefore, new and fairer regulations and policies are needed to ensure legal certainty without compromising the stability of the national financial system.