scholarly journals LEGAL PROTECTION TOWARDS EXPORTERS AND IMPORTERS IN INTERNATIONAL TRADE TRANSACTIONS USING LETTER OF CREDIT (L/C) AS A PAYMENT SYSTEM AT PT. BANK MAYBANK INDONESIA TBK BRANCH OF BENGKULU

2021 ◽  
Vol 11 (1) ◽  
pp. 1-11
Author(s):  
Dinda Estasari ◽  
Widya N. Rosari ◽  
Tito Sofyan
Keyword(s):  
Corporate Governance ◽  
International Trade ◽  
Legal Protection ◽  
Payment System ◽  
Legal Research ◽  
Letter Of Credit ◽  
Banking Regulations ◽  
Good Corporate Governance ◽  
International Payment ◽  
Analytical Research

This study aims to examine and to analyze the legal protection of exporters and importers in international trade transactions using Letter of Credit (L/C) as a payment system at PT. Bank Maybank Indonesia Tbk branch of Bengkulu. The type of this study was normative legal research with descriptive analytical research design. The result of this study indicated that in an international payment system that used L/C, both exporters and importers were protected, thus exporters did not have to worry about their goods not being paid for, while importers did not need to worry that the goods they bought did not arrive or that they would lose payment, because the bank would guarantee this matters if the required documents were appropriate. PT. Bank Maybank Indonesia Tbk branch of Bengkulu, in protecting its customers, must have considerations both based on the provisions of national banking regulations and based on the applicable banking practices. The efforts made by banks to protect exporters and importers were such as banks have to implement good corporate governance, apply Know Your Customer principles including the principle of prudence in providing L/C facilities, apply the Know Your Employee principle. Moreover, it was necessary to apply optimal sanctions in case of violation of procedures. The L/C arrangements at PT. Bank Maybank Indonesia Tbk branch of Bengkulu adheres to UCP 600 so that it can avoid differences or misinterpretation between the transacting parties as far as possible.

scholarly journals An Analysis on Farmer Rights in International Trade Under Indonesian Law

2020 ◽  
Vol 8 ◽  
pp. 200-204
Author(s):  
Imanullah Moch Najib
Keyword(s):  
International Trade ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Interpretation ◽  
Legal Research ◽  
Indonesian Government ◽  
Triangulation Method ◽  
Alternative Solutions

The aims of this research were to examine the legal protection on the farmer rights in international trade under Indonesian law. The research was important to provide various alternative solutions over the problem of inabilities of farmer to be a subject of international trade and to review whether the Indonesian Government gave legal protection to farmer rights. It was an empirical legal research, which using primary and secondary data. Primary data was collected from the respondents and informants while the secondary ones were taken from primary and secondary legal materials. The validity of data used sources triangulation method while all of data were analysed by analysis of editing style through legal interpretation. The result showed that Indonesian Government through enactment of its legislation has not been providing the legal protection to the farmer rights in international trade optimally. Moreover, this study was expected to contribute in reforming over legislation that regulates the protection of farmer rights.

The Letter of Credit, its resilience and viability in securing international commercial transactions

2014 ◽  
Vol 13 (3) ◽  
pp. 246-264
Author(s):  
Norman Mugarura
Keyword(s):  
International Trade ◽  
Data Sources ◽  
Commercial Product ◽  
Social Implications ◽  
Content Type ◽  
Letter Of Credit ◽  
Commercial Practice ◽  
Law And Policy ◽  
International Payment ◽  
Payment Mechanisms

Purpose – This paper aims to address issues of law and policy, the potential pitfalls such as fraud, conflict of law and documents discrepancies that are often encountered by the parties in usage and practice of the Letter of Credit (LC). The article has gleaned other forms of payment mechanisms in international commercial trade to demonstrate that despite the upsurge in international payment instruments, the LC has remained a viable commercial product. This article aims to provide an in-depth analysis of the law governing the LC and why it has remained resilient and a viable commercial product for many years. Design/methodology/approach – The author has utilized the current version of UCP 600 (2007) and the legislation such as Brussels Convention (2000) in Europe, litigated cases and secondary data sources in writing the paper. The data generated were then evaluated taking into account the most recent legal and policy changes regarding the usage and practice of the LC in international commercial transactions. The paper straddles many issues but evaluated in a distinctive way to underscore the purpose for writing it. Findings – The findings of the paper have demonstrated that despite a myriad of payment mechanisms as a result of innovation in international trade, the LC is still a viable commercial product. Parties will need to be knowledgeable and skilled enough to keep abreast of dynamic changes on law and policy relating to usage and practice of LCs. Short of that parties could be vulnerable to risk exigencies inherent in international trade they sought to eliminate by subscribing to the LC. Research limitations/implications – The limitations lie in realm that the paper was largely library-based and the author did not carry out extensive corroborative research studies on issues it was written on. Thus, any future work on the LC will try to corroborate issues of policy and practice and how they are internalized in commercial practice. Practical implications – The paper has articulated the governing law of the LC and the context in which it is harnessed in commercial practice. It has articulated potential risk areas that the parties ought to watch out for before and during the process of harnessing the LC as a payment mechanism. The paper has demonstrated that risks inherent in international trade are now higher than in past decades because of globalization and its attendant fluid environment. The paper is relevant to banks, regulators, governments and also students because it internalizes most recent changes in the usage and practice of the LCs in international trade. Social implications – International trade affects local businesses, banks, ordinary people, national governments and it has far reaching implications for societies as whole. The LC is utilized to mitigate, if not eliminate, potential risks in international trade transactions, and it has far reaching social implications for economies to be overlooked. Originality/value – The article has gleaned other forms of payment mechanisms in international commercial trade to tease out that despite the upsurge in international payment mechanisms, the LC has remained a viable commercial product. This article is a MUST read because it internalizes recent changes in the usage and practice of documentary credit which have not been addressed in its context. Even though the article has been undertaken by analysis of secondary and primary data sources, the author has done so in a distinctive way to underscore the most recent changes to the usage and practice of the LC and the purpose it was written.

scholarly journals The Implementation of Business Judgment Rule Principle in Managing the Company

2020 ◽  
Vol 3 (2) ◽  
pp. 32
Author(s):  
Busyra Azheri ◽  
Upita Anggunsuri
Keyword(s):  
Corporate Governance ◽  
Board Of Directors ◽  
Legal Protection ◽  
Business Decision ◽  
Business Judgment Rule ◽  
Good Corporate Governance ◽  
Reputation Risk ◽  
The Board Of Directors ◽  
Credit Agreement ◽  
Branch Office

A business decision is very important to determine the quality of the Board of Directors in carrying out their duties professionally and responsibly as expected by Good Corporate Governance (GCG). The effectiveness of the Board of Directors is the center of the implementation of Good Corporate Governance. Bank Business is very risky (such: credit risk, reputation risk, etc.). The Board of Directors in making a business decision, will always face unpredictable condition. In Banking practice, the Head of Branch Office Bank is the extension of Director, if the Head of Branch Office Bank signs credit agreement out of the rules (plafond). His action has categorized as ultra vires, so the consequence is the Head of Branch Office Bank can be held responsible for his action. In this case, the Board of Directors has not taken responsibility for the action of the Head of Branch Bank, based on Business Judgment Principle, the Director has not taken its responsibility for ultra vires act which is done by the Head of Branch Office Bank, as along as Director has managed the Company in good faith, carefully and does not against the law. Therefore, Business Judgment Principle gives legal protection to the Director in making a business decision

scholarly journals WHISTLEBLOWING PADA INDUSTRI PERBANKAN DI INDONESIA

SIMAK ◽  
2021 ◽  
Vol 19 (02) ◽  
pp. 328-338
Author(s):  
Ripa Fajarina Laming ◽  
Nur Fadhila Amri
Keyword(s):  
Corporate Governance ◽  
Annual Report ◽  
Banking Industry ◽  
Stock Exchange ◽  
Legal Protection ◽  
Sampling Technique ◽  
Research Data ◽  
Good Corporate Governance ◽  
Negative Effect ◽  
Spss Software

This study aims to analyze the effect of whistleblowing hotline on internal fraud in the banking industry in Indonesia and to further examine whether the whistleblowing hotline can limit fraud. Observations were made over a period of 10 years. The sample in this study was 270 banking companies listed on the Indonesia Stock Exchange (IDX) which were determined through purposive sampling technique. The research data uses the company's annual report for the 2010-2019 period obtained from the Indonesia Stock Exchange (IDX) and Good Corporate Governance data obtained from the company's official website. The analytical method used is linear regression using SPSS software. The results showed that the whistleblowing hotline had a significant negative effect on internal fraud. However, in order for the whistleblowing hotline to run effectively, adequate resources are needed in managing the hotline and definite legal protection for whistleblowers.

scholarly journals KEBANGKRUTAN LEMBAGA PERKREDITAN DESA (LPD) BERDASARKAN ANALISIS BERBAGAI FAKTOR

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Komang Adi Kurniawan Saputra ◽  
A.A. Ayu Erna Trisnadewi ◽  
Putu Budi Anggiriawan ◽  
Putu Gede Wisnu Permana Kawisana
Keyword(s):  
Corporate Governance ◽  
Regression Analysis ◽  
Data Analysis ◽  
Multiple Regression Analysis ◽  
Legal Protection ◽  
Active Role ◽  
Good Corporate Governance ◽  
Managerial Competence ◽  
Questionnaire Method

This study aims to examine several factors that influence the bankruptcy of LPDs in Buleleng Regency, the factors in question are legal protection, managerial competence, good corporate governance, the active role of citizens and the role of internal supervisory bodies. In this study using a questionnaire method with 63 respondents namely LPD managers and for data analysis use multiple regression analysis. The results of this study state that only the manager's competence and the role of internal supervisory bodies have an influence on the potential of LPD bankruptcy, while legal protection variables, good corporate governance and the active role of citizens do not affect the potential for bankruptcy LPD in Buleleng Regency.

scholarly journals GOOD CORPORATE GOVERNANCE DAN PERLINDUNGAN KONSUMEN: STUDI KASUS: PENYALAHGUNAAN DATA KARTU TELEPON BEKAS

2021 ◽  
Vol 5 (1) ◽  
pp. 89-100
Author(s):  
Angeline Thalita
Keyword(s):  
Corporate Governance ◽  
Consumer Protection ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Primary Data ◽  
Telecommunication Service ◽  
Conceptual Approach ◽  
Personal Data Protection ◽  
Good Corporate Governance

Abstract This study aimed to investigate the extent of the application of the principles of Good Corporate Governance (GCG) and protection of personal data from the point of view of consumers in telecommunications service companies. The case study analyzed the misuse of used telephone card data in a telecommunications service company PT. Z. The empirical judicial method was used in this study. This legal research was carried out by  examining documents (document studies), using 2 (two) approaches, the statute approach and the conceptual approach. Primary data were collected through surveys and interviews to prove the findings in the first stage. The results of the study, on the legal aspects showed that the legal protection for consumers as users of telecommunications services has not been fully implemented by PT. Z according to Law Number 8 of 1999 concerning Consumer Protection and Law Number 36 of 1999 concerning Telecommunications. Consumer perceptions indicate that PT. Z has not implemented GCG principles properly. Consumer responses to aspects of consumer personal data protection related to the above cases are also not good and tend to be detrimental to consumers. This research showed that the application of GCG principles is not optimal and has an impact on weak aspects of consumer protection. For the implementation of GCG in the future, PT. Z should have good intentions in running its business and provide correct, complete and clear information related to the products it trades, both spoken and written. Keywords : Good corporate governance, consumer protection, personal data protection, telecommunication service

scholarly journals PROBLEMATIC OF FARMER RIGHTSIN INTERNATIONAL FOOD TRADE

2017 ◽  
Vol 96 ◽  
Author(s):  
Moch Najib Immanullah - ◽  
Hernawan Hadi - ◽  
Emmy Latifah -
Keyword(s):  
International Trade ◽  
Legal Protection ◽  
Agricultural Trade ◽  
Alternative Solution ◽  
Legal Research ◽  
Food Trade ◽  
Indonesian Government ◽  
The Subject

<p>The urgency of this study is to analyze the problem concerning the provision of preventive and repressive protection rights for farmers regarding to the International Food Trade based on Agricultural Law, by using normative legal research,  in order to owns a feasible position and competitiveness to the Indonesian Farmers as the subject of International Food Trade. The results of the study shows that the existing regulation has not being able to provide preventive and repressive protection rights for farmers in International Trade. Indonesian Government takes alternative solution by doing the harmonization of Indonesian Law which regulate the international trade, particularly the agricultural trade.</p><p><br /><strong>Keywords:</strong> <em>Problematic, Legal Protection, Farmers Rights, International Trade.</em></p>

scholarly journals Pelaksanaan Peraturan Menteri BUMN Nomor: PER-01/MBU/2011 Tentang Penerapan Tata Kelola Yang Baik (Good Corporate Governance) Pada BUMN (Studi Kasus Di PT Perkebunan Nusantara IV)

2020 ◽  
Vol 2 (1) ◽  
pp. 23-32
Author(s):  
Rudi Hartono ◽  
Marlina Marlina ◽  
Muaz Zul Muaz Zul
Keyword(s):  
Corporate Governance ◽  
Corporate Culture ◽  
Limited Liability ◽  
Legal Issues ◽  
Added Value ◽  
Legal Research ◽  
Good Corporate Governance ◽  
The Board Of Directors ◽  
Barriers To Implementation ◽  
The Law

Good Corporate Governance can be understood as a set of regulations governing Limited Liability relationship between shareholders, management companies and other stakeholders with regard to the rights and obligations, one of which is the decision-making at the Board of Directors and Board of Commissioners. The provisions stipulated in the Regulation of the Minister of SOE No. PER-01 / MBU / 2011,  the publication of these regulations ultimately aims to create corporate  governance that provides added value for all parties. The research method used is a normative legal research methods that are qualitative, such methods researchers conducted a discussion of the law in legislation through legal theories that found the answers to legal issues in accordance with applicable regulations. Barriers to implementation of  Good Corporate Governance is composed of several factors, among others, legal, corporate culture and human resources, but the implementation of PT Perkebunan Nusantara IV remain committed. As part of its commitment to the forming section, which is responsible for monitoring and encouraging implementation of application in accordance with the provisions of the Law. 

scholarly journals PENJABARAN GOOD CORPORATE GOVERNANCE (GCG) DALAM PENGADAAN BARANG DAN JASA PADA PLN BALI

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Luh Putu Dwi Suarini
Keyword(s):  
Corporate Governance ◽  
Daily Life ◽  
Legal Research ◽  
Is Implementation ◽  
Goods And Services ◽  
Descriptive Research ◽  
Good Corporate Governance ◽  
Practical Reality ◽  
Corporate Governace ◽  
Empirical Means

Research in connection with the theme is “ Implementation of Good Corporate Governance (GCG) in Procurement at PLN Bali”. The problems are researched the translation of good corporate governace forms in the procurement of goods and services at PLN Bali and the form of the procurement of goods and services at PLN Bali. This research includes the category of empirical legal research, legal research is a empirical means reviewing the practical reality in daily life - today. The nature of the research is descriptive research that has a goal to paint a picture of something in the area and at a certain moment. Furthermore, the technique used is to study documents, interviews, Non-Probability Sampling, purposive sampling. Procurement of goods or services in PLN involves many parties, the employees who were appointed to take care of such procurement and future providers of goods and services. In this relationship unfair business competition or the price is too high or low in supply. However, the existence of e-procurement and the correct procedures in the procurement of goods and services as well as the concept of GCG which also animates the principles of procurement of goods and services. Procedures in the procurement of goods and services as well as the principles of GCG, the procurement in PLN can be carried out transparently, responsibly, independently, fairly and equitably.

scholarly journals Penjabaran Good Corporate Governance (GCG) dalam Pengadaan Barang dan Jasa pada PLN Bali

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Luh Putu Dwi Suarini
Keyword(s):  
Corporate Governance ◽  
Daily Life ◽  
Legal Research ◽  
Probability Sampling ◽  
Is Implementation ◽  
Goods And Services ◽  
Good Corporate Governance ◽  
Practical Reality

Research in connection with the theme is “ Implementation of Good Corporate Governance(GCG) in Procurement at PLN Bali”. The problems are researched the translation of goodcorporate governace forms in the procurement of goods and services at PLN Bali and theform of the procurement of goods and services at PLN Bali.This research includes the category of empirical legal research, legal research is a empiricalmeans reviewing the practical reality in daily life - today. The nature of the research isdescriptive research that has a goal to paint a picture of something in the area and at acertain moment. Furthermore, the technique used is to study documents, interviews, Non-Probability Sampling, purposive sampling.Procurement of goods or services in PLN involves many parties, the employees who wereappointed to take care of such procurement and future providers of goods and services.In this relationship unfair business competition or the price is too high or low in supply.However, the existence of e-procurement and the correct procedures in the procurementof goods and services as well as the concept of GCG which also animates the principles ofprocurement of goods and services. Procedures in the procurement of goods and servicesas well as the principles of GCG, the procurement in PLN can be carried out transparently,responsibly, independently, fairly and equitably.

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