scholarly journals Credit Take over Agreements with Guarantees of Mortgage Rights at Bank China Construction Bank Indonesia TBK. Pekanbaru Branch

2019 ◽  
Vol 6 (5) ◽  
pp. 151
Author(s):  
May Er Rosary Indah ◽  
Yulfasni Yulfasni ◽  
Yussy Adelina Mannas
Keyword(s):  
Interest Rates ◽  
Information Service ◽  
Legal Protection ◽  
Power Of Attorney ◽  
Bank Account ◽  
Credit Facility ◽  
China Construction Bank ◽  
Creditor Bank ◽  
History Of ◽  
Credit Agreement

Credit take over agreements with guarantees of Mortgage Rights in the banking world can still be said to be attractive because CCB Indonesia Pekanbaru Branch is carrying out a binding agreement on take-over credit and Power of Attorney Imposing Mortgage Rights with the conditions of Land Rights Certificates and Mortgage Certificates still attached Mortgage rights for the Initial Creditors / Banks that are taken over. CCB Indonesia in approving the take over credit facility with the main consideration being that the debtor has a history of credit collectibility in the Debtor Information for the Financial Information Service System / IDEB SLIK OJK with current credit collectability. Debtors choose to take over credit facilities to CCB Indonesia because they obtain lower lending credit interest rates, higher credit facility ceilings, faster approval processes and credit decision making compared to Initial Creditors, free of administrative fees and free of notary fees. The main problem in this study is how to take over credit agreements with guaranteed mortgage rights at  Bank China Construction Bank Indonesia Tbk. Pekanbaru Branch. How is the legal protection for the parties with a credit take-over agreement (take over) with guaranteed Mortgage Rights at Bank China Construction Bank Indonesia Tbk. Pekanbaru Branch. The method used in this research is empirical juridical research. Respondents / Informants as well as samples in this study are Credit Operations Head of "CCB Indonesia" Pekanbaru Branch of 1 (one) person and 7 (seven) Notary Partners of "CCB Indonesia" of Pekanbaru Branch. Data collection tool in this study was in the form of an interview. This research is descriptive in nature, providing complete and clear data on loan takeover agreements with guaranteed mortgage rights at Bank China Construction Bank Indonesia Tbk. Pekanbaru Branch. The results of the author's research indicate that the specificity of the credit take-over agreement (guarantee over) with guaranteed Mortgage in Article 3 explicitly specifies that currently the object of Mortgage Guarantee is still in the initial creditor / bank (taken over) and Article 4 expressly specifies that The debtor will transfer the funds to the initial creditor / bank account (taken over) from the proceeds from the disbursement of credit facilities obtained by the Debtor from the CCB Indonesia Pekanbaru Branch. After the signing of the credit agreement has been fulfilled, the Partner Notary issues a Cover Note / Certificate submitted to CCB Indonesia to continue the transfer of funds to the Debtor account at the Initial Creditors / Banks which are overtaken. Legal protection for the Parties in the Take Over Agreement with guaranteed Mortgage is carried out in 2 (two) forms, namely preventive and repressive from CCB Indonesia Creditor and Partner Notary.

scholarly journals Foreign currency services of advanced banks of Ukraine for seamen

2020 ◽  
pp. 14-18
Author(s):  
Kseniia KOVTUNENKO ◽  
Kateryna LYKHASHCHENKO ◽  
Oleksandr BIELOBROV
Keyword(s):  
Interest Rates ◽  
Foreign Currency ◽  
Internet Banking ◽  
Power Of Attorney ◽  
Bank Account ◽  
Management Philosophy ◽  
Currency Exchange ◽  
Consumer Loans ◽  
Payment Cards ◽  
Money Transfers

The paper is devoted to the analysis of currency services of the leading banks of Ukraine for seafarers. The authors analyzed currency transfers of various banks in Ukraine, banks that provide services to seafarers, banks that cooperate with crewing companies. Terms of currency transfers from and to Ukraine and abroad, conditions of receiving foreign currency funds in accordance with the legislation of Ukraine. Conditions for opening dollar and euro accounts in Ukrainian banks, opening card accounts, restrictions on withdrawing currency from Ukrainian accounts. Bank power of attorney is free of charge. Ability to withdraw cash abroad without commission. Convenient currency exchange, online payments in the Internet banking. Savings account with higher interest rates. They showed statistics on the volume of money transfers, the benefits of tariff packages for seafarers, the possible consequences for the client in the case of using payment cards. New banking accounts management philosophy that is developed for different needs of different clients: account with increased interest rate for the funds’ remaining balance, pension account for people receiving pension or social allowances, account for sailors as well as current and salary accounts. Features of lending to seafarers in Ukraine. Possible consequences for the client in the case of using consumer loans. Each seafarer prepares a package of documents before departure and provides it through the crewing of his employer. One of the most important, first of all, for the sailor is a scan of bank account details. How and in which bank to open a dollar or euro account for a Ukrainian sailor, so that there is less commission and account conditions. We took four banks, the services of which are most often used by sailors.

Peran Notaris/PPAT Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan Dalam Perjanjian Kredit Pemilikan Rumah (Studi Di Pt. Bank Tabungan Negara Tbk. Cabang Cirebon)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Yusup Sugiarto ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Civil Law ◽  
Power Of Attorney ◽  
The Law ◽  
Credit Agreement

ABSTRAKKebutuhan akan lembaga notariat tidak terlepas dari kebutuhan akan perlunya pembuktian tertulis dalam lapangan hukum perdata. Mengingat keadaan ini maka notaris tidak saja berperan sebagai orang yang membuat alat bukti autentik namun juga sebagai penemu hukum. Notaris dalam profesinya sesungguhnya merupakan instansi yang dengan akta-aktanya menimbulkan alat-alat pembuktian tertulis dengan mempunyai sifat autentik. Penelitian ini bertujuan untuk menganalisis pelaksanaan penandatanganan akta notaris dalam pembuatan SKMHT dan akibat hukum penandatanganan akta SKMHT oleh penerima kuasa tidak di hadapan notaris dalam perjanjian kredit pemilikan rumah. Metode yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif, sedangkan sifat dari penelitiannya sendiri bersifat deskriptif analisis. Penandatanganan akta notaris oleh penerima kuasa dalam akta SKMHT dimungkinkan untuk dilakukan tidak di hadapan notaris, karena lazimnya suatu akta SKMHT ada kaitannya dengan akta perjanjian kredit yang telah dibuat terlebih dahulu oleh para pihak. Akibat hukumnya penerima kuasa dalam akta SKMHT menjadi terikat untuk mematuhi ketentuan-ketentuan yang ada dalam SKMHT.Kata kunci: notaris, akta, perdata, kredit, perjanjian. ABSTRACTThe need for notarial institutions is inseparable from the need for the necessity of verification in the field of civil law. In view of this situation the notary not only plays the role of the person who makes authentic evidence but also the inventor of the law. Notary in his profession is in fact an institution which with its deeds evokes written proof means with authentic nature. This study aims to analyse the execution of the signing of notary deed in the making of SKMHT and the effect of the signing of SKMHT deed by the power of attorney not before the notary in the mortgage agreement. The method used in this study is the normative juridical approach, while the nature of the research itself is descriptive analysis. The signing of notarial deed by the power of attorney in the deed of SKMHT is possible to be done not in the presence of a notary, because usually a deed of SKMHT is related to the credit agreement which has been made beforehand by the parties. As a result of the law the power of attorney in the SKMHT deed becomes bound to comply with the provisions contained in SKMHT.Keywords: notary, deed, civil, credit, agreement.

LIM Meets LJI: an Article on an Abstract

2010 ◽  
Vol 10 (3) ◽  
pp. 187-190 ◽  
Author(s):  
Claire Duffield ◽  
Sarah Fallon ◽  
Jean Stopford
Keyword(s):  
Full Text ◽  
Information Service ◽  
Journal Articles ◽  
Legal Information ◽  
Document Delivery ◽  
History Of

AbstractThe team responsible for Legal Journals Index explain how journal articles are selected, indexed and loaded to this online legal information service provided by Sweet & Maxwell. They outline the history of LJI and discuss the criteria for determining which journals are included in the service; how the Articles team decides which articles will be indexed; the content of an LJI index entry; how an abstract is written; the use of the taxonomy; the full text journals service on Westlaw; and the work of the Document Delivery team.

scholarly journals Fiduciary Agreement Implementation in Car Credit Agreement on Financing Institutions of Mandiri Finance of Cirebon Based on Act No. 42 of 199 About Fiduciary

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 655
Author(s):  
Ardiansyah Alrawi ◽  
Gunarto Gunarto
Keyword(s):  
Financial Institutions ◽  
Legal Protection ◽  
The Public ◽  
Legal Development ◽  
Freedom Of Contract ◽  
Legal Effect ◽  
The Moment ◽  
Credit Agreement ◽  
The City

The emergence of various institutions today's economy helped spur the economy of the community. But unfortunately the growth of the economic institutions are not supported by an adequate legal development. The presence of various financial institutions helped bring a major role in economic development of society, especially the poor. These financial institutions emerged as a form of providing funds or capital goods for the public to purchase goods on payment in installments or periodically by consumers. Construction consumer finance based on an agreement with the principle of freedom of contract as legal bases for both parties. In practice financing undertaken by financial institutions poured in the form of a credit agreement. In each of providing credit to their customers finance institutions always face a risk, therefore the customer's business situation and developments to be followed continuously starts the moment the credit is given to the loan. As for giving legal protection to the parties in the process of providing collateral (guarantee), then one of them is with the enactment of Law Fiduciary. Implementation of lending followed by a fiduciary assurance processes at financial institutions in the city of Cirebon most important is the legal effect if the Borrower defaults which are expected to creditors (financial institutions) can be easily exercised fiduciary object. Constraints faced in a fiduciary guarantee is as follows: a. Any cost of making a deed by the Borrower felt heavy, incomplete b. Any requirements of the Borrower to elaborate on the type, brand and quality of the fiduciary object, c. The office registration still limited fiduciary, fiduciary registration e. The office could not provide information on everything about the guarantee with the issuance.Keywords: Financing Institution, Credit Agreements, Fiduciary.

scholarly journals Penggusuran Pedagang Kaki Lima Sebagai Perbuatan Melanggar Hukum

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Akmal Adicahya
Keyword(s):  
Land Rights ◽  
Collateralized Debt Obligations ◽  
Power Of Attorney ◽  
Charging Time ◽  
Promise Land ◽  
Collateralized Debt ◽  
Credit Agreement ◽  
The Right ◽  
Ownership Rights

Mortgage abolishment because the expiration of the Right of Exploitation (HGU) , Right of Building (HGB), and Right of Use burdened not cause the abolishment of collateralized debt obligations. Duration HGU, HGB and wear rights expire, then the mortgage that is charged against the land becomes clear. This additional agreement means clear. Instead principal agreement (credit agreement) is not necessarily to be clear, and move on. In this case resulted in the creditors are in a weak position because of unpaid debts, Mortgage over land as collateral to remove. This study discusses the normative legal efforts to do the lender to avoid the possible risk of the abolishment of land rights based on Law Number 42 Year 1996, which includes the manufacture of promise land extend rights in the imposition of mortgage deed, power of attorney making mortgage charging time HGB changes become ownership rights residential, Object insurance burden for advantage mortgage holder mortgage, debitor to request additional collateral

scholarly journals Journal of the History of Economic Thought Preprints - Limits to Arbitrage and Interest Rates: A Debate Between Keynes, Hawtrey and Hicks

2018 ◽  
Author(s):  
Lucy BRILLANT
Keyword(s):  
Business Cycle ◽  
Central Bank ◽  
Interest Rates ◽  
Economic Thought ◽  
History Of Economic Thought ◽  
Short Term ◽  
Limits To Arbitrage ◽  
History Of ◽  
The Business Cycle

This paper deals with a debate between Hawtrey, Hicks and Keynes concerning the capacity of the central bank to influence the short-term and the long-term rates of interest. Both Hawtrey and Keynes considered the central bank’s ability to influence short-term rates of interest. However, they do not put the same emphasis on the study of the long-term rates of interest. According to Keynes, long-term rates are influenced by future expected short-term rates (1930, 1936), whereas for Hawtrey (1932, 1937, 1938), long-term rates are more dependent on the business cycle. Short-term rates do not have much effect on long-term rates according to Hawtrey. In 1939, Hicks enters the controversy, giving credit to both Hawtrey’s and Keynes’s theories, and also introducing limits to the operations of arbitrage. He thus presented a nuanced view.

scholarly journals Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 823
Author(s):  
Rian Dwi Anggoro ◽  
Umar Ma'ruf
Keyword(s):  
Home Ownership ◽  
Legal Protection ◽  
Mortgage Loan ◽  
Power Of Attorney ◽  
Loan Repayment ◽  
Survey Results ◽  
Legal Position ◽  
Branch Office ◽  
The Right

This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

scholarly journals AKIBAT HUKUM JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN MENURUT UU NOMOR 42 TAHUN 1999

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 485
Author(s):  
Muhammad Hilmi Akhsin ◽  
Anis Mashdurohatun
Keyword(s):  
Scientific Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Main Principle ◽  
Conducting Research ◽  
Credit Agreement ◽  
The Right

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects

scholarly journals PERLINDUNGAN HUKUM BAGI KREDITUR PEMEGANG HAK TANGGUNGAN TERHADAP SENGKETA AGUNAN YANG MENGAKIBATKAN BATALNYA PERJANJIAN KREDIT

2018 ◽  
Vol 1 (1) ◽  
pp. 26
Author(s):  
Fransisca Kusuma Aryani ◽  
Gunawan Djajaputra
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
District Court ◽  
Good People ◽  
Warning Letter ◽  
The Law ◽  
Debt Repayment ◽  
Credit Agreement

The process of granting credit with the guarantee of Mortgage Rights experienced many obstacles, one of which is the cancellation of credit agreement due to a lawsuit from a third party. Examples of problems that will researchers take is a case between PT PNM as creditor and Erlinawati as a debtor. Erlinawati applied for credit to PT PNM and pledged SHM No. 1716 without her husband's agreement, Bagus Satriya. As time went by, Erlinawati could not fulfill its obligations as stipulated in the credit agreement, and then PT PNM sent a warning letter to Erlinawati. Good people who know the land and buildings of his property are used as a direct guarantee to file a lawsuit to the Blora District Court. The Blora District Court ruled that credit agreements and Deed of Mortgage Rights (APHT) are invalid and null and void. So far the legal protection for debtors who have sued from the other party on the guarantee given by the creditor has not been regulated specially in the legislation. The law only regulates bad debts and debt repayment through the execution process stipulated in the Law on Banking and Insurance Rights Act. Legal protection that creditor can use when obtaining a lawsuit from a third party is by using the general guarantees provided for in Articles 1131 and 1132 of the Civil Code.

scholarly journals Perlindungan Hukum Bagi Kurir dalam Sistem Cash on Delivery Belanja Online

2021 ◽  
Vol 4 (2) ◽  
pp. 193-203
Author(s):  
Riska Natagina Putri ◽  
Siti Nurul Intan Sari Dalimunthe
Keyword(s):  
Online Shopping ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Payment Method ◽  
Power Of Attorney ◽  
Legal Studies ◽  
Legal Position ◽  
Secondary Data Sources ◽  
Freight Forwarder

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.

Sign in / Sign up

Export Citation Format

Share Document