Bandar Lampung, Lampung, Indonesia.
Volume 4 Issue 1, March 2023: pp: 31-42 http://jurnal.fh.unila.ac.id/index.php/plr P-ISSN: 2723-262X E-ISSN: 2745-9306
Warehouse Receipt as Credit Guarantee to Welfare Farmers Based on Pancasila Justice at Bandar Lampung
Angga Pratama1
1Law Office Purnomo Sidiq, S.H., M.H. & Partners, Indonesia E-mail: [email protected]
Article’s Information Abstract keywords:
Farmers, Pancasila, Warehouse Receipts.
DOI :
https://doi.org/10.25041/plr.v4i1.2933
A common problem with agriculture in Indonesia is falling prices during the main harvest season.
Farmers cannot store their crops longer because they run out of funds and do not have sufficient warehouses. This condition is exploited by middlemen and loan sharks to make huge profits. Then the government tried to overcome these problems through the aspirations of the Warehouse Receipt System (SRG) and Warehouse Receipts to be used as collateral for loans in banks. In implementing Warehouse Receipts for the welfare of farmers, in this case, it is stated in the values of Pancasila, which in essence, justice must be obtained for the welfare of farmers, especially in agricultural commodities, so that at the time of harvest, farmers can get a stable harvest price by using the Warehouse receipt system.
In this case, the author takes a normative approach which is carried out by conducting a study of legal science materials or by using library materials known as library research or it can also be supporting legal scholarship such as principles and regulations, especially Law Number 9 of 2011 concerning Amendments to Law Number 9 of 2006 concerning Warehouse Receipt Systems. The results of the study show that in the implementation of SRG in Bandar Lampung city district, government policies are still experiencing problems in their implementation.
Among other things, the lack of socialization among farmers, not on target, high interest in the second year for farmers who use WRS, high operational costs of transporting agricultural products from farmers' Submitted: Feb 24, 2023; Reviewed: Mar 13, 2023; Accepted: Mar 17, 2023
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places to WRS warehouses, and not all banks. Willing to accept warehouse receipt certificates as collateral for bank loans.
A. Introduction
As an agricultural nation, Indonesia has given its citizens numerous chances to work in or engage in agriculture-related economic operations. Companies in the agricultural industry are not just restricted to farmers; they can also be small and medium-sized businesses run by entrepreneurs whose business incorporates agriculture. However, many of these small and medium-sized business owners struggle with capital issues when running their enterprises. Many people who require cash for their businesses end themselves in debt to loan sharks, meaning that the profits from their crops or businesses can only be utilized to pay off their loans. This is due to the fact that banks' financial organizations lack or avoid them when giving credit for a number of reasons, including the viability of the business to be financed, the borrower's capacity to pay back debts, and problems with collateral. One solution for restricted capital is collateral. By pledging items as collateral, collateral enables a legal framework that permits the granting of credit facilities.1
The trade financing system is crucial to the business world's ability to maintain a smooth operating environment, particularly for small and medium-sized firms, including farmers, who frequently struggle to secure funding due to a lack of access to product marketing and credit guarantees. The warehouse receipt system is an essential and useful tool in the trade financing system. Removing the expense of carrying goods will result in a more effective trading system.
The government issued Law Number 9 of 2011 concerning Amendments to Law Number 9 of 2006 Concerning the Warehouse Receipt System in 2006 to provide legal certainty in the implementation of the Warehouse Receipt System.2 This was followed by Government Regulation Number 36 of 2007 concerning the Implementation of Law Number 9 of 2006. A warehouse receipt is essentially a document showing ownership of commodities kept in a warehouse that is provided by a warehouse manager chosen by the government, as stated in Article 1 Paragraph 2. Since 2006, if the warehouse owner has granted a Warehouse Receipt or receipt for warehouse storage, goods kept in storage can be legally utilized as collateral for debts owed by creditors who own goods. Farmers must have specific materials or products in order to put their products in a storage facility, and the warehouse manager will receive a Warehouse Receipt in exchange. Grain, rice, corn, chocolate, coffee, pepper, rubber, and seaweed are just a few of the items kept in the warehouse receipt system.3
Among other things, warehouse receipts can be used to remedy the issues farmers encounter when the main harvest's abundant supply of grains causes their selling prices to fall. Farmers are unable to delay the sale of their products because they lack enough storage facilities large enough to retain the quality of their goods and prevent damage. On the other hand, farmers must contend with the issue of costs for both their daily requirements and those of the upcoming planting season.4 Due to the reduction in crop prices during the main harvest, the typical issue with agricultural commodities is that it is challenging for farmers to receive financial help for the continuation of their farming operations. Because farmers frequently run into collateral problems, which is a need for financing, it is still exceedingly difficult for farmers to access capital help
1 Henry Donald and Jamilus Jamilus, “Quo Vadis Resi Gudang Surat Berharga Jaminan Kredit,” Jurnal Penelitian Hukum De Jure 19, no. 4 (2019).
2 Evi Sustyaningrum, “Eksistensi Resi Gudang Sebagai Lembaga Jaminan Di Indonesia,” Jurnal Repertorium 1, no. 2 (2014).
3 Elsa Yunita Putri, “Pelaksanaan Pemberian Kredit Dengan Jaminan Resi Gudang (Bank Rakyat Indonesia Cabang Pekalongan),” Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 2, no. 2 (2013).
4 Undang-Undang Nomor 9 Tahun 2011 Tentang Perubahan Atas Undang-Undang Nomor 9 Tahun 2006 Tentang Sistem Resi Gudang (Lembaran Negara No. 78, Tambahan Lembaran Negara No. 5231).
from banks in particular. Also, the drop in agricultural commodity prices, particularly during the major harvest, has developed into a latent issue that is extremely harmful to farmers. In fact, this phenomenon sometimes causes farmers to delay harvesting since the cost of doing so exceeds the price at which their crops may be sold.5
Good. This situation results from the fact that the majority of farmers label their crops as
“cash crops”, which means that they require money quickly to cover their basic expenses, engage in farming activities throughout the following planting season, or take care of household necessities. The government is implementing the Warehouse Receipt System program for agricultural commodities in an effort to address the issues above. Under this program, farmers are not required to sell their products at harvest but instead can store them first in warehouses with permission from the Ministry of Trade and then sell them at a later time when commodity prices are higher. These farmers will be given Warehouse Receipts, which can be used as collateral, as proof of ownership of the items they keep in warehouses with Ministry of Commerce permission.6
The Government can use the Warehouse Receipt System for national inventory and price control. Because agricultural commodities secure the Warehouse Receipt under the supervision of an accredited Warehouse Manager, they can be used as collateral for products. The warehouse receipt system is an essential component of the marketing systems created in numerous nations.
Because both producers and the commercial sector can alter the availability status of raw and semi-finished materials into a product that can be traded broadly, this system has been demonstrated to be able to boost the efficiency of the agro-industrial sector. In principle, the Warehouse Receipt can be utilized as total collateral for debt without the need for additional security, giving the recipient of collateral rights priority over other creditors. According to Article 613 of the Civil Code (KUHPerdata),
“Delivery of receivables in the name of and other goods that are not bodily, is done by making an authentic deed or under the hand that delegates the rights over the goods to other people.
This surrender has no consequences for the debtor before the surrender is notified to him, agreed upon in writing, or acknowledged by him. Submission of debentures upon appointment is carried out by giving them, while the delivery of debentures upon orders is carried out by providing them together with the endorsement of the letter”.
According to this Civil Code regulation, Warehouse Receipts may be guaranteed as securities by incorporeal goods and receivables on behalf of third parties, at least one of which must be accompanied by a private deed and an authentic document. Warehouse Receipts can be transferred as securities denoted by material letters and are subject to Article 613 of the Civil Code, which governs the transfer of receivables on behalf of and other intangible goods by making true or fictitious deeds. The recipient is then notified of the delivery. Warehouse Receipt guarantees can give collateral holders and lenders extra legal protection from a legal standpoint because:
a. Each Warehouse Receipt issued can only be burdened with one debt guarantee;
b. There is no possibility of transferring collateral to third parties because the warehouse manager will not allow the transfer or sale of goods listed on the Warehouse Receipt without the permission and knowledge of the bank as the recipient of the Warehouse Receipt guarantee; and
5 Dewa Ayu Agung Laksmi Dewi, I Nyoman Putu Budhiartha, and Ni Luh Made Mahendrawati, “Resi Gudang Sebagai Objek Jaminan Kredit Bank (Warehouse Receipts As Bank Credit Guarantee Objects),” Jurnal Interpretasi Hukum 3, no. 1 (2022).
6 Yurichty Poppy Suhantri, “Pembebanan Hak Jaminan Resi Gudang Menurut Uu No. 9 Tahun 2006 Jo UU No. 9 Tahun 2011,”
Lex et Societatis 5, no. 6 (2017).
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c. The Warehouse Receipt Guarantee Right gives priority to the recipient of the Guarantee Right over other creditors.7
The warehouse manager in this instance, is the warehouse manager in the Warehouse Receipt System implementation program, which became a legal entity after receiving Supervisory Board approval. The role in this situation is to create a written contract with the goods' owner and later issue a Warehouse Receipt as proof of ownership. This Warehouse Receipt can be used as total collateral without the need for additional collateral, giving the recipient of the guarantee rights precedence over other creditors. In particular, the warehouse manager manages the crops purchased from farmers, resulting in premium rice at a better price.
Indonesia is also known as a rice barn in Southeast Asia and the world. The title arose because of its high production in the country. Food and Agriculture Organization (FAO) data record rice production in Indonesia at 54.6 million tons, while rice production (equivalent to milled rice) is 36.45 million tons.
Moreover, based on the Regulation of the Minister of Trade Number 26/M-DAG/Per/6/2007 Concerning Goods that Can Be Stored in Warehouses in the Implementation of the Warehouse Receipt System, eight agricultural commodities are classified as able to be stored through Warehouse Receipts, and one of them is rice. This is because the commodity of rice is the main source of carbohydrates in Indonesia and the increasing need for food has made rice a commodity that can be residing. When the commodity's price rises, the farmer can ask the Warehouse Manager to sell the commodity he has deposited. The proceeds after deducting insurance and storage costs, as well as 70 percent of the initial payment, the remainder is given to the farmers.8
The adopted Warehouse Receipt System makes extending credit to farmers with inventories as collateral or items kept in warehouses easier. The mechanism is that farmers deposit their crops in the warehouse and receive warehouse receipts and monies equal to 70% of the deposited price of the commodity. The farmer cooperative sets the prices with PP. Jaya's approval.
Receivables may be put up as collateral when applying for credit from banks or other financial organizations. By enabling the way sales may be made all year long, warehouse receipt systems are also helpful in stabilizing market pricing.
Agricultural commodities are a key component of national food security when it comes to ensuring that everyone has access to food on an economic and physical level. Three factors—
food supply, economic stability (food price), and physical and financial access for each person to receive food—serve as indicators of food security in the area. Indirectly, we can observe that the use of warehouse receipts can benefit farmers financially during hard times when they are trying to manage rice and other crops, which in this case represent Pancasila's constituent parts.
Therefore, the connection between enhancing national food security and applying Pancasila ideals must be made clear.
Based on the background above, the author is interested in examining the use of warehouse receipts in their capacity as guarantees for granting credit to agricultural commodities.
Specifically, the author will examine the process steps, the costs associated with warehouse storage, and the selling prices of agricultural commodities after being kept as collateral for loans to customers by the warehouse manager. Then look into what issues are preventing the Warehouse Receipt System application from being implemented. In order to examine the implementation of warehouse receipts as guarantees for credit granted to agricultural commodities and the challenges that may arise, this thesis was prepared under the title Analysis
7 Trisadini Prasastinah Usanti, “Hak Jaminan Atas Resi Gudang Dalam Perspektif Hukum Jaminan,” Perspektif 19, no. 3 (2014).
8 Savitri Islamiana Putri, “Tinjauan Resi Gudang Sebagai Suatu Jaminan,” " Dharmasisya” Jurnal Program Magister Hukum FHUI 2, no. 3 (2023).
of the Implementation of Warehouse Receipts as Guarantees for Credit Granted to Agricultural Commodities.9
The problem-solving strategy adopted is normative juridical, supported by literature studies and investigation to gather normative general data and knowledge. In order to implement the normative juridical approach, a study of the guiding principles, relevant rules, and applicable laws and rules pertaining to the subject of the discussion is conducted. This study will look at the laws and rules governing legal agreements, the effects of their execution in Indonesia, and the challenges associated with gathering information for this work, specifically by looking at actual cases that have occurred. Next, an empirical technique is used in the field study, and data on warehouse receipts in Indonesia is obtained. The findings of this research will then be correlated with the guiding principles, rules, and applicable laws and regulations.
The novelty of this research is to discuss implementation specifications as well as concrete utilization of warehouse receipts as collateral for bank lending, especially for agricultural commodities in 2022, with the latest and most relevant data. This research refers to research conducted by Khoirul Hidayah in 2021 entitled Critical Analysis of Warehouse Receipt System Settings in Support of the Agricultural Sector in Indonesia, the difference is that this study tends to analyze the implementation of warehouse receipt rules as collateral for granting credit starting from determining the goods will be stored by the warehouse manager, until a receipt is issued for lending money on credit at the bank. This implementation simultaneously looks at the extent to which the benefits of loan guarantees are for the smooth running of agricultural businesses as the largest sector in Indonesia from the perspective of Pancasila justice.
Grain, rice, corn, cocoa, coffee, pepper, rubber, seaweed, and other items are among the goods in the warehouse receipts management. The mechanism is that farmers deposit their crops in the warehouse and receive receipts and monies equal to 70% of the commodity values. The farmers' cooperative and PT (Public Company) Indonesian Warehouse Receipt settle on prices (RGI). Receivables may be put up as collateral when applying for credit from banks or other financial organizations. Farmers can ask PT. Indonesian Warehouse Receipt (RGI) to sell the commodities it has deposited when the price of those commodities increases. Seventy percent of the initial payment is deducted from the proceeds, and the remaining money is distributed to the farmers.10
B. Discussion
1. Warehouse Receipt as Farmer Welfare Based on Pancasila Conceptualization
The agricultural commodity harvest's state, which has an impact on the drop in commodity prices, is the background of the warehouse receipt system (SRG). In order to let farmers store their agricultural products while they wait for commodity prices to stabilize or rise once again, this technology is available as a delayed sale solution. Farmers have the chance to profit from the increase in selling prices that middlemen and traders have so far benefited from by delaying the sale. Farmers can also use warehouse receipts as collateral to get short-term credit from banks.11 Rice growers primarily ask for warehouse receipts to secure this credit facility. SRG is thus a different form of financing from loans for food security, loans for people's businesses, and loans for improving the capital of groups of businesses. In numerous nations, SRG's advantages have been objectively demonstrated. The use of SRG in Africa is thought to have a variety of
9 Peraturan Menteri Perdagangan Nomor 26/M-DAG/Per/6/2007 Tentang Barang Yang Dapat Disimpan Di Gudang Dalam Penyelenggaraan Sistem Resi Gudang.
10 Tarsisius Murwadji, “Transformasi Jaminan Kebendaan Menjadi Jaminan Tunai Dalam Penjaminan Kredit Sindikasi Internasional,” Jurnal Hukum Ius Quia Iustum 20, no. 1 (2013).
11 Lutfi Ulinnuha, “Penggunaan Hak Cipta Sebagai Objek Jaminan Fidusia,” J. Priv. & Com. L. 1, no. 2 (2017).
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advantages, including facilitating trade, improving the effectiveness of agricultural product marketing, facilitating access to rural financing institutions, reducing price risk, and improving the cost-effectiveness of managing public food reserves.12
The warehouse receipt system is a reliable means to finance trade activities, which are always financed. A warehouse receipt is a record that attests to the owner of a good that is kept in a warehouse that has been trusted to hold it.13 It is also a security that can be used as a trading tool and is integrated into many industrialized nations' marketing and financial systems. The supply of credit with collateral for products kept in warehouses can be made more accessible with the use of the Warehouse Receipt System. By allowing sales to be made all year round, the Warehouse Receipt System is also helpful in stabilizing pricing. The Warehouse Receipt System basically consists of a number of procedures for issuing, transferring, guaranteeing, and settling warehouse receipt transactions. A warehouse receipt is a statement from the warehouse manager attesting to the ownership of goods kept there. After passing through the certification procedure, a warehouse receipt that serves as the basis for title or document title for commodities kept in the warehouse or as evidence of ownership of those goods becomes a security that can be traded and used as credit collateral.14
With the help of this method, farmers would experience less risk of financial loss and would be released from the shackles of moneylenders when they require cash for planting or other purposes. In the Warehouse Receipt program, the government designates three target categories for commodity owners: farmers, farmer organizations, and cooperatives or other corporate entities. A warehouse receipt is a document that attests to the fact that a commodity, such as grain, of a specific quantity and quality, has been kept in a warehouse. The receipt can be traded since it resembles security. Farmers can submit financing requests with warehouse receipts to banks or non-banking financial institutions that have already agreed to collaborate to meet cash demands. Warehouse receipts come in two different varieties. A tradeable warehouse receipt comes first. In other words, the warehouse receipt contains a request to deliver goods to anyone in possession of the receipt or at the request of a specific party.15
Second, warehouse receipts with clauses stating that the products in question can only be delivered to a party whose name has been established are not negotiable. Law Number 9 of 2011 Concerning Amendments to Law Number 9 of 2006 Concerning the Warehouse Receipt System and Government Regulation Number 36 of 2007 Concerning Implementation of Law Number 9 of 2006 are in accordance with each other to achieve legal certainty in the implementation of the Warehouse Receipt System. One could argue that this provision is a modern innovation that enhances guarantee legislation like mortgages. The SRG Law was established to develop a trade financing system that the business community needed, particularly small and medium enterprises, including farmers.16 The SRG Law also aims to create a business-friendly environment that will accelerate the speed of national growth, as well as to guarantee and safeguard the interests of the community, ensure seamless trade and reduce the cost of distribution. The Warehouse Receipt System Law is hoped to supplement the legal requirements of collateral to guarantee organizations that can accommodate the legal and economic developments of the country. Indonesia is an agricultural nation so that it can create a more conducive business climate with the availability and well-organized Warehouse Receipt
12 Enny Martha Sasea, Hukum Jaminan (Purbalingga: Eureka Media Aksara, 2022), hlm 52.
13 Niken Prasetyawati and Tony Hanoraga, “Jaminan Kebendaan Dan Jaminan Perorangan Sebagai Upaya Perlindungan Hukum Bagi Pemilik Piutang,” Jurnal Sosial Humaniora 8, no. 1 (2015).
14 Savitri Islamiana Putri, “Tinjauan Resi Gudang Sebagai Lembaga Jaminan,” " Dharmasisya” Jurnal Program Magister Hukum FHUI 2, no. 3 (2023).
15 Lastuti Abubakar, “Telaah Yuridis Perkembangan Lembaga Dan Objek Jaminan (Gagasan Pembaruan Hukum Jaminan Nasional,” Buletin Hukum Kebanksentralan 12, no. 1 (2015).
16 Rustam Magun Pikahulan, Hukum Perikatan (parepare: IAIN Parepare Nusantara Press, 2019), hlm 98.
guarantee institutions guaranteed by statutory regulations needed by the business world to guarantee and encourage the smooth running of their business.17
According to article 4 of the SRG Law, a warehouse receipt has two properties: (1) it can be transferred; (2) it can be used as a document for the delivery of goods; and (3) it can be used as a document for the repayment of debt entirely without the need for further security. The Warehouse Receipt System Law's Article 3 states that there are two types of warehouse receipts:
warehouse receipts on behalf and warehouse receipts on orders. The difference between a warehouse receipt on behalf of and a warehouse receipt on an order is that a warehouse receipt on an order includes the ordering party entitled to accept the delivery of goods. The decline in pricing during the primary harvest season is Indonesia's major agricultural issue. Farmers are unable to preserve their crops for an extended period of time since they are short of money and have inadequate facilities. Middlemen, moneylenders, and managers of big warehouses owned by state-owned enterprises (BUMN) or private firms earn handsomely from the condition. The government then established a Commodities Auction Market, a People's Business Credit, and a Warehouse Receipt System in an effort to resolve these issues (from now on referred to as SRG).
Because they can continue to hold their goods in authorized warehouses and utilize their warehouse receipt documentation as security for bank lending under the SRG, farmers are less eager to sell their harvests. Farmers can sell goods, pay off credit, then get the remaining proceeds from the sale once market prices have increased.18
In Indonesia, farmers who take part in SRG are undoubtedly entwined with the topographical features of the region's rice fields, which constitute the country's top export. The results of the verification of the standard paddy field area were presented in 2020 by the Ministry of Agricultural Affairs and Spatial Planning/National Land Agency (ATR/BPN). The government reported only 7,463,948 hectares of rice fields based on the results of the 2019 recalculation.
According to data from the Central Statistical Agency (BPS), the area harvested for rice in 2020 was only 10.66 million hectares, a 0.19 percent decline from the harvest area in 2019, which was 10.68 million hectares, or 20.61 thousand hectares. Despite a generally positive trend in SRG development from 2008 to 2010, the number of commodities held as a percentage of total national production was still very tiny at just 0.003%. In fact, despite the Ministry of Trade's goal rise of 1.8%, the value of SRG transactions fell significantly in 2015 by 30.32%. Two factors contributed to this sharp decline: the fact that farmers did not wait to sell their grain through SRG in 2015 because the price was so high at the farm level and the fact that SRG warehouses were no longer operational in some areas because of a shortage of personnel to manage warehouses.
In this instance, there is currently an imbalance in the data's availability. Paradoxically, no entity involved in Indonesia's food policy currently has access to thorough data. The numbers are startling, with rice, for instance, experiencing a surplus when compared to Indonesia's entire population. On the other hand, rice imports continue to be an alternative to the food supply.
Regarding food availability, Indonesia continues to use statistics from the Central Bureau of Statistics (BPS). According to a report by BPS, 68 tons of dry-milled grain, or 39 million tons of rice, will be produced this year. The total consumption of 237.6 million persons should be 33 million tonnes if the consumption estimate is 139.15 kg per capita annually.19
If the food production data calculations are accurate, Indonesia should have had a surplus of 6 million tons of rice, negating the requirement for rice imports. Ironically, this mathematical technique also works for practically all commodities, including corn, soybeans, and sugar. 18.3 million tonnes of dry-shelled corn are produced. The predicted production should be in excess of
17 MR.J.H Nieuwenhuis, Pokok - Pokok Hukum Perikatan, ed. Djasadin Saragih (Surabaya, 1985), hlm 137.
18 H S Salim, Perkembangan Hukum Jaminan Di Indonesia (Yogyakarta: Ar-Ruzz Media, 2016), hlm 52.
19 Gunawan Widjaja and Kartini Mulyadi, Perikatan Yang Lahir Dari Undang - Undang (Jakarta: Rajawali Press, 2005), hlm 13.
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the population using 12 million tons and the animal feed business consumes 6 million tons.20 But the reality is that the feed sector must once more import 1 million tons of grain. A shortage of funding for farmers to cultivate paddy fields is what leads to such a food crisis. Therefore from a just standpoint, warehouse receipts are one of the interpretations of Pancasila's type of welfare as the best foundation for conducting national life. A comprehensive and in-depth vision or value of how to, that is, to be deemed ethically just and fair, common control behavior in many national lives is called Pancasila, and its expression may be found in the preamble of the 1945 Constitution. It is anticipated that greater comprehension of the Pancasila as the optimal foundation will enable behavior regulation.21
2. Implementation of Warehouse Receipt System for Agricultural Commodities in Bandar Lampung
Once the 2011 SRG Law was passed, the Provincial Government (Pemprov) of Lampung started responding to the SRG policy through the Trade Office in 2012. The District Office of Industry and Commerce created the Warehouse Receipt System with the goal of improving the agro-industrial sector's efficiency. The regional administration is counting on manufacturers to transform raw and semi-finished materials into goods that may be used as collateral. The Warehouse Receipt System is intended to be developed in sub-districts with high production potential for Warehouse Receipt System commodities and sub-districts with high potential for grain/rice commodities. The Regency Regional Government established a policy in 2012 to facilitate access by constructing SRG warehouses with money from the Special Allocation Fund budget and setting up a pilot project to choose the site for an SRG warehouse to be built in the Tumpang District. Early in January 2012, the warehouse was put up, with building expenses coming from the 2012 District Budget Special Allocation Fund (DAK) totaling Rp 5,142,310,000.00. The 1,000 m2 SRG Warehouse was constructed with a drying floor, a dryer/dryer housing, and a dryer/dryer with a 20-ton capacity.
The Department of Industry and Trade has worked to notify farmers since the warehouse's construction in 2012 and to set up a collaboration with warehouse operators who already hold a Bappebti permit (Commodity Futures Trading Supervisory Agency). The warehouse manager must be a legal entity and have acquired Bappepti's approval, the same as the SRG standards outlined in article 23 (1) of Law Number 9 of 2006 governing the Warehouse Receipt System.
The Regional Government is attempting to assist in nurturing warehouse managers in the Regency by enforcing these criteria. In order to support the national SRG program and boost farmer production, the District Government developed a scheme that is quite excellent and regarded as being good. Meanwhile, the local government's expectations fall short of what is being done in the field.
Compared to credit obtained utilizing SRG, Lampung farmers still have access to credit convenience choices under the People's Business Credit (KUR) program. Farmers who use farmer cards can pay their loans off at harvest time and receive low-interest credit from a government-approved bank (Bank Nasional Indonesia) without having to put up any collateral.
Without collateral, the maximum credit facility is 25 million.
In this instance, the SRG program of the Ministry of Commerce does not align with the policy offered by the Ministry of Agriculture. Communities will frequently choose programs that offer simple access and straightforward procedures. Although the warehouse receipt system's configuration is intended to benefit farmers, the SRG Law generally still makes it difficult to
20 Kadek Cinthya Dwi Lestari, I Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti, “Hilangnya Objek Jaminan Fidusia Yang Tidak Didaftarkan,” Jurnal Analogi Hukum 2, no. 3 (2020).
21 Ifa Latifa Fitriani, “Jaminan Dan Agunan Dalam Pembiayaan Bank Syariah Dan Kredit Bank Konvensional,” Jurnal Hukum
& Pembangunan 47, no. 1 (2017).
obtain because it requires a protracted staged process. Examples include the stages of the warehouse storage process, quality testing (conformity testing) of items, and the issuing of SRG in Bantul, which takes 4–9 days,11 Indramayu, which takes 3, and Subang, which aims a maximum of 7 days before credit is granted. The experience of Bandar Lampung Regency and the time it took for credit disbursement by PT. Farming takes three weeks (21 days) during PT.
BGR only one week (7 days). The SRG Law's application of SRG provides straightforward guidelines that can help farmers get access to loans. The People's Business Credit (KUR) program, which was created in 2015, appears to have fulfilled the intent of the SRG Law, which was to provide solutions to farmers experiencing funding issues caused by restricted access and credit guarantees. The KUR initiative has offered a more straightforward and affordable option without requiring farmers to pay for storage and delivery.22
It also offers access to less expensive financing, free of collateral, by allowing debt repayment upon harvest. According to the Bandar Lampung Regency in the Pakis District's Tiga Roda Cooperative, becoming a candidate for warehouse management would be negative. Despite the fact that farmers may not permanently store their grain in warehouses, cooperatives must pay 5 million rupiahs annually to maintain these facilities (which are held by the regional government). The expenses that farmers must bear are likewise significant. Farmers in Pakistan do not wish to store their grain in the regional government's storehouse or use SRG. SRG has been unable to ease farmers' concerns or offer solutions to their challenges.
C. Conclusion
The decline in pricing during the primary harvest season is Indonesia's major agricultural issue. Farmers are unable to preserve their crops for an extended period of time since they are short of money and have inadequate facilities. Middlemen, moneylenders, and managers of big warehouses owned by BUMN or private firms all earn handsomely from the condition. The government then established a Commodities Auction Market, a People's Business Credit, and a Warehouse Receipt System in an effort to resolve these issues (from now on referred to as SRG).
Farmers can sell goods, pay off credit, then get the remaining proceeds from the sale once market prices have increased. Because they can continue to hold their goods in authorized warehouses and utilize their warehouse receipt documentation as security for bank lending under the SRG, farmers are less eager to sell their harvests.
The food crisis for farmers was caused by a lack of capital for farmers to be able to produce paddy fields. A comprehensive and in-depth vision or value of how to, that is, to be deemed ethically just and fair, expected control behavior in many national lives is called Pancasila, and its expression may be found in the preamble of the 1945 Constitution. For this reason, warehouse receipts are seen from the perspective of justice as one of Pancasila's interpretations of the form of welfare as an ideal foundation for carrying out national life. It is anticipated that greater comprehension of the Pancasila as the optimal foundation will enable behavior regulation. The warehouse receipt system is an example of Pancasila justice since it provides farmers who are having problems getting credit with a location to store their agricultural products so they may be sold at any moment when prices rise.
Once the 2011 SRG Law was passed, the Provincial Government (Pemprov) of Lampung started responding to the SRG policy through the Trade Office in 2012. The District Office of Industry and Commerce created the Warehouse Receipt System with the goal of improving the agro-industrial sector's efficiency. The Warehouse Receipt System is intended to be developed in sub-districts with high production potential for Warehouse Receipt System commodities and
22 Nurlia Listiani and Bagas Haryotejo, “Implementasi Sistem Resi Gudang (SRG) Pada Komoditi Jagung: Studi Kasus Di Kabupaten Tuban, Provinsi Jawa Timur,” Buletin Ilmiah Litbang Perdagangan 7, no. 2 (2013).
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sub-districts with high potential for grain/ rice commodities. The regional administration is counting on manufacturers to transform raw and semi-finished materials into goods that may be used as collateral.
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Dewi, Dewa Ayu Agung Laksmi, I Nyoman Putu Budhiartha, and Ni Luh Made Mahendrawati.
“Resi Gudang Sebagai Objek Jaminan Kredit Bank (Warehouse Receipts As Bank Credit Guarantee Objects).” Jurnal Interpretasi Hukum 3, no. 1 (2022).
Donald, Henry, and Jamilus Jamilus. “Quo Vadis Resi Gudang Surat Berharga Jaminan Kredit.”
Jurnal Penelitian Hukum De Jure 19, no. 4 (2019).
Fitriani, Ifa Latifa. “Jaminan Dan Agunan Dalam Pembiayaan Bank Syariah Dan Kredit Bank Konvensional.” Jurnal Hukum & Pembangunan 47, no. 1 (2017).
Lestari, Kadek Cinthya Dwi, I Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti.
“Hilangnya Objek Jaminan Fidusia Yang Tidak Didaftarkan.” Jurnal Analogi Hukum 2, no. 3 (2020).
Listiani, Nurlia, and Bagas Haryotejo. “Implementasi Sistem Resi Gudang (SRG) Pada Komoditi Jagung: Studi Kasus Di Kabupaten Tuban, Provinsi Jawa Timur.” Buletin Ilmiah Litbang Perdagangan 7, no. 2 (2013).
Murwadji, Tarsisius. “Transformasi Jaminan Kebendaan Menjadi Jaminan Tunai Dalam Penjaminan Kredit Sindikasi Internasional.” Jurnal Hukum Ius Quia Iustum 20, no. 1 (2013).
Prasetyawati, Niken, and Tony Hanoraga. “Jaminan Kebendaan Dan Jaminan Perorangan Sebagai Upaya Perlindungan Hukum Bagi Pemilik Piutang.” Jurnal Sosial Humaniora 8, no. 1 (2015).
Putri, Elsa Yunita. “Pelaksanaan Pemberian Kredit Dengan Jaminan Resi Gudang (Bank Rakyat Indonesia Cabang Pekalongan).” Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 2, no. 2 (2013).
Putri, Savitri Islamiana. “Tinjauan Resi Gudang Sebagai Lembaga Jaminan.” " Dharmasisya”
Jurnal Program Magister Hukum FHUI 2, no. 3 (2023).
———. “Tinjauan Resi Gudang Sebagai Suatu Jaminan.” " Dharmasisya” Jurnal Program Magister Hukum FHUI 2, no. 3 (2023).
Suhantri, Yurichty Poppy. “Pembebanan Hak Jaminan Resi Gudang Menurut Uu No. 9 Tahun 2006 Jo UU No. 9 Tahun 2011.” Lex et Societatis 5, no. 6 (2017).
Sustyaningrum, Evi. “Eksistensi Resi Gudang Sebagai Lembaga Jaminan Di Indonesia.” Jurnal Repertorium 1, no. 2 (2014).
Ulinnuha, Lutfi. “Penggunaan Hak Cipta Sebagai Objek Jaminan Fidusia.” J. Priv. & Com. L. 1, no. 2 (2017).
Usanti, Trisadini Prasastinah. “Hak Jaminan Atas Resi Gudang Dalam Perspektif Hukum Jaminan.” Perspektif 19, no. 3 (2014).
C. Regulation
Kitab Undang-Undang Hukum Perdata
Undang-Undang Nomor 9 Tahun 2011 tentang Perubahan Atas Undang-Undang Nomor 9 Tahun 2006 Tentang Sistem Resi Gudang (Lembaran Negara No. 78, Tambahan Lembaran Negara No. 5231.
Peraturan Pemerintah Nomor 36 Tahun 2007 tentang Pelaksanaan Undang-Undang Nomor 9 Tahun 2006
Peraturan Menteri Perdagangan Nomor 26/M-DAG/Per/6/2007 Tentang Barang yang Dapat Disimpan di Gudang dalam Penyelenggaraan Sistem Resi Gudang.
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