Jalur Perdata Untuk Amankan Dana Bergulir

Penerapan pidana korupsi atas wanprestasi dana bergulir dinilai tidak selalu efektif meminimalisir potensi kerugian negara. Oleh karena itu, dibutuhkan pendekatan jalur perdata.

LPDB-KUMKM memiliki kewajiban untuk menyalurkan dana bergulir kepada para mitra. Dana ini bukanlah bantuan sosial, tetapi pinjaman yang harus dikembalikan karena sumbernya berasal dari kas negara.

Meski demikian, faktanya tidak seluruh mitra dapat mengembalikan dana bergulir tersebut dengan beragam alasan. Untuk mengatasi persoalan ini, LPDB menggelar Focus Group Discussion bertajuk “Perspektif Hukum Dalam Pengelolaan Dana Bergulir KUMKM dan Upaya Pengamanan Keuangan Negara.”, awal Agustus lalu di Makassar. Diskusi ini menghadirkan sejumlah pakar hukum dan pimpinan lembaga pemerintah, akademisi dan LSM.

Dari hasil diskusi, LPDB berupaya mengedepankan penyelesaian secara perdata dimana pandangan tersebut diamini oleh para peserta yang menghadiri FGD. Dengan begitu, diharapkan tidak ada kasus hukum apabila terjadi wanprestasi kecuali pelaku koperasi dan UKM menyalahgunakan uang tersebut.

Dengan hukum perdata besar harapan dana bergulir yang dipinjamkan dapat kembali melalui penjualan aset yang menjadi jaminan kreditur. Sedangkan penerapan hukum pidana sebagai jalan terakhir untuk menjerat kreditur yang tidak beritikad baik.

Mantan Hakim Agung HP Panggabean menambahkan upaya pemulihan aset KUMKM dapat dilakukan melalui proses pembinaan internal LPDB maupun gugatan perdata. Meski dana bergulir merupakan keuangan negara, namun menurutnya penyelesaian melalui hukum pidana dinilai tidak efektif. “Karena dana begulir merupakan keuangan negara maka penanganan hukum dapat dilakukan melalui UU Tipikor, akan tetapi penerapannya tidak selalu efektif meminimalisir potensi kerugian negara,” kata Panggabean.

Ia menjelaskan upaya penanganan masalah pinjaman macet dana bergulir dapat dilakukan di luar proses Tipikor, jika pihak LPDB secara bertahap telah mampu melakukan pembinaan dan pengawasan. Sedangkan gugatan pidana dilakukan bilamana ada bukti kecurangan dari kreditur.

“Upaya LPDB untuk menerapkan gugatan perdata dengan bantuan Kejaksaan setempat dibenarkan dengan catatan BLU telah memiliki SOP pelayanan untuk menangani kasus kemacetan pelaksanaan perjanjian BLU dengan KUMKM itu,” tandasnya.

 

Hak Tagih Negara

LPDB merupakan lembaga yang diberikan kewenangan secara khusus oleh Kementerian Koperasi dan UKM sebagai instansi pemerintah yang menerapkan pola pengelolaan keuangan BLU. Pendelegasian kewenangan ini sebagai bentuk kebijakan pemerintah dalam rangka perlindungan terhadap perekonomian nasional khususnya pelaku usaha di Indonesia.

Menurut Ahli Hukum Pidana dari UII Suhardi Somomoeljono, hak tagih negara sebagai akibat dari kebijakan penyaluran dana bergulir yang dijalankan oleh LPDB dapat diserahkan kepada jaksa dalam kapasitasnya selaku pengacara negara. “Di bidang perdata dan tata usaha negara, kejaksaan dengan kuasa khusus dapat bertindak baik di dalam maupun di luar pengadilan untuk dan atas nama negara dan pemerintah,” kata Suhardi.

Meski begitu, LPDB secara khusus memiliki aturan main sebagai pedoman pokok yang wajib untuk ditaati bersama dalam menjalankan kewenangan menyalurkan dana bergulir kepada pelaku koperasi dan UKM dalam format hukum Permenkeu juncto peraturan direksi LPDB tentang petunjuk teknis pemberian pinjaman.

LPDB pun didorong segera melakukan rapat koordinasi nasional dengan para penegak hukum terkait dalam rangka penyamaan persepsi atas penyelesaian kasus hukum. Sehingga diharapkan tidak terganggunya kebijakan pemerintah dalam rangka pembangunan ekonomi khususnya terhadap koperasi dan UKM. “Di sisi lain dana bergulir di masyarakat harus benar-benar dikawal dari hulu sampai hilir dalam perspektif hukum dengan mendasarkan pada prinsip efisiensi dan produktivitas,” lanjut Suhardi.

FGD sekaligus sosialisasi program penyaluran dana bergulir ini diadakan dalam rangka membentuk kesepakatan terkait mekanisme penyelesaian pinjaman bermasalah LPDB  yang dilakukan dengan mengedepankan proses keperdataannya terlebih dahulu sebelum proses pidananya.

Selain itu, bertujuan untuk merumuskan sudut pandang antara LPDB, Kejaksaan, Kepolisian dalam melihat dana bergulir sebagai program pemerintah dalam memberikan perkuatan modal bagi para pelaku koperasi dan UKM yang membutuhkan.

Disamping itu juga, mengetahui mekanisme penghapusan piutang LPDB  bagi pinjaman macet yang diproses secara pidana dan telah mendapatkan kekuatan hukum tetap atau vonis pengadilan.   (Irsyad Muchtar)

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104 thoughts on “Jalur Perdata Untuk Amankan Dana Bergulir

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