Perjanjian Jual Beli Tanah Hak Milik Debitur Pailit yang Dijaminkan di Bank

In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.

CHOICE OF THE OPTIMAL STRATEGY IN THE MARKET WITH PERFECT COMPETITION

This article discusses the issue of choosing the optimal competitive strategy in markets with perfect competition. In the context of the rapid development of digital technologies, more and more market segments are subject to commoditization, which leads, on the one hand, to an essential depersonalization of suppliers of goods, works and services, and on the other hand, to the choice made by the consumer solely on the basis of price criteria. Over the past two decades, there has been a market segment in the Russian economy that is inherently close to perfectly competitive markets – the sub-federal debt market of the Russian Federation. The structure of the subfederal debt market, formed by numerous suppliers (credit organizations) and consumers (constituent entities of the Federation), and transparent bidding mechanisms existing under the Russian antitrust laws, combined with the uniformity of the goods being traded (cash loan) make it possible to consider it a market with perfect competition. But, unlike the classical commodity market, credit market transactions are characterized by the duration of the active interaction of the creditor (supplier) and the debtor (consumer), since the loan is provided for a certain period, after which it must be repaid with payment of all interest due. Thus, the behavior of the creditor bank is determined not only by the market situation at the time of the transaction, but also by the change in the state of the debtor during the loan period. With this in mind, the task of choosing the optimal market strategy becomes non-linear and can be solved using numerical methods of modeling the trading process.

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

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.

Effectiveness of Settlement of Bad Credit Through Memo Decision on Credit Settlement and Auction at PT Bank BTPN Tbk, Cakranegara Branch

This study aims to determine the criteria of bad credit that can be submitted to the settlement through the Credit Settlement Decision Memorandum (MKPK), and Auction at PT. Bank BTPN Tbk, Cakranegara Branch, as well as procedures and obstacles, along with their implementation in the field. This research uses 2 (two) theories, namely effectiveness theory and dispute resolution theory. This research is empirical normative research. Data collection is obtained from the results of interviews, and observations. The conclusion of the results of this study are 1. Settlement of bad loans that can be done with MKPK and auctions are: a. Guaranteed secured features; b. Arrears up to> 180 days; c. Has been issued a warning letter 1-3 (SP1-SP3); d. Has been restructured. 2. The filing procedure for MKPK and auction is almost the same between the two, the difference is for MKPK the initiative to propose the arrival of the debtor, by attaching a request letter from the debtor, while the auction initiative comes from the creditor/bank. 3. Implementation of MKPK and auction at Cakranegara Branch BTPN, more dominantly conducted by auction, 61.70% auction bidding ratio of total bad loans, with the ratio successfully executed as much as 6.89%. Whereas the settlement with MKPK either with MKPK partially or with MKPK at once, submission of 38.29% with a success ratio of 66.66%.

Penentuan Nilai Limit oleh Bank Kreditur Berdasarkan Penaksiran oleh Penaksir

Berdasarkan ketentuan Pasal 44 ayat (1) Peraturan Menteri Keuangan No. 27/PMK.06/2016 tentang Petunjuk Pelaksanaan Lelang (PMKN 27/2016) diketahui bahwa bank kreditur menetapkan nilai limit berdasarkan penilaian penilai atau penaksiran penaksir. Pasal 45 PMKN 27/2016 menentukan, penetapan nilai limit berdasarkan penilaian oleh penilai dilakukan apabila nilai limit objek hak tanggungan paling sedikit Rp. 1.000.000.000 (satu miliar rupiah) atau apabila bank kreditur akan ikut sebagai peserta pada lelang tersebut. Terhadap nilai limit objek hak tanggungan yang nilai limitnya berada di bawah Rp. 1.000.000.000 nilai limit akan ditetapkan bank kreditur berdasarkan penaksiran penaksir. Penaksir ini merupakan pihak yang berasal dari pihak bank kreditur, yang melakukan penaksiran berdasarkan metode yang dapat dipertanggungjawabkan oleh bank kreditur, termasuk kurator untuk benda seni dan benda atik atau kuno. Penelitian menggunakan pendekatan yuridis normative bersifat eksplanatoris, yang akan dianalisis dengan pendekatan kualitatif. Perlu dilakukan evaluasi dan deregulasi terkait penetapan nilai limit yang dilakukan berdasarkan penaksiran penaksir. Determining the Limit Value by the Seller Based on the Implementation of the Minister of Finance Based on the provisions of Article 44 Paragraph (1) of Regulation of the Minister of Finance Number 27 / PMK.06 / 2016 concerning the Auction Directive (PMKN 27/2016) it is known that the creditor bank determines the limit value based on the assessor assessment or appraisal assessment. In the subsequent provision that Article 45 of PMKN 27/2016 is known that the determination of the limit value based on the assessment by the assessor is made if the limit value of the object of mortgage right is at least Rp.1.000.000.000 (one billion rupiah) or if the creditor bank will participate as a participant in the auction. Whereas to the limit value of the mortgage object whose the limit value is below Rp.1.000.000.000 (one billion rupiah) it will be determined by the creditor bank based on the appraisal of the appraiser. This estimator is a party that comes from the bank, which conducts an assessment based on methods that can be justified by the creditor bank, including the curator for art objects and ancient objects. This research used a normative juridical approach that is explanatory, which will be analyzed with qualitative approach. It is important to evaluate and deregulate the determination of the limit value based on the assessment of the estimator.

Judicial protection of the rights of the victim (bank-creditor) after the conclusion of the agreement of assignment of the right (requirements) in the conditions of the intentional bankruptcy of the debtor.

The subject of analysis in the paper is Russian insolvency legislation? As well as rules ofRussian Criminal Code about insolvency crimes.The purpose of the article is to analyze methods of the judicial protection of the rights ofthe victim (creditor-bank) after the conclusion of the contract of cession of rights (claims)in the context of deliberate bankruptcy of the debtor.The methodology of research includes: analysis, synthesis, induction, deduction, survey,and statistical method.The results, scope of application. Intentional bankruptcy (Art. 196 of the Russian CriminalCode) violates the legitimate property interests of creditors. In particular, the Bank has theright to appeal to law enforcement agencies with a statement about criminal acts committedagainst the Bank that caused damage to the Bank. The creditor has the right to applyfor recognition as an injured person. Such a creditor is harmed by a crime. In the event thatthe Bank deliberately bankruptcy of the debtor harmed, and there is a causal relationshipbetween such actions and the socially dangerous consequences that have occurred, then,as follows from Part 1 of Art. 44 of the Code of Criminal Procedure, this circumstance is aprerequisite for the recognition of the Bank as a civil plaintiff. Such a bank has the right todeclare in the criminal case a civil claim for damages to the bank. The purpose of this articleis to provide judicial protection of the rights of the victim (creditor bank) after concludingthe contract of assignment of the right (claims) in the circumstances of the debtor's deliberatebankruptcy. The research methods are: analysis, synthesis, induction, deduction,questioning and statistical method. The conclusion is drawn that the assignment of claimsunder a civil law contract is not grounds for refusing to recognize the Bank as a victim anda civil plaintiff in a criminal case under Art. 196 of the Criminal Code.Conclusions. The assignment of claims under civil contract is not a ground for refusingrecognition the Bank as the victim and civil plaintiff in a criminal case under Arti. 196 of theCriminal Code.

The Effects of Using Bank Auditors on Audit Quality and the Agency Cost of Bank Loans

SYNOPSIS In this study, we examine the effect of a borrower having the same auditor as its main creditor bank on audit quality and the cost of the firm's bank loans. Japan is chosen as the context for this study because of its long-established bank-based system and the heavy reliance of Japanese companies on bank loans as a source of financing. The recent accounting scandals at Olympus Corporation and Toshiba Corporation highlight concerns about audit quality in Japan. Using a sample of Japanese listed companies, we provide evidence that the more a borrowing company depends on its main bank loans as a source of financing, the more likely the company is to choose the same auditor as its main bank. We also provide empirical evidence that, compared with companies that use different auditors, companies that use the same auditor as their main banks have higher audit quality, which reduces agency problems and results in a lower cost of bank loans. As bank loans are the most important source of external financing for listed and privately held firms in many countries, our results have implications for banks in terms of extending credit to their customers and for firm managers' financial management.

What Influences the Market Outcome of Online P2P Lending Marketplace?

Online Peer-to-Peer (P2P) lending marketplaces allow individuals to lend and borrow directly among each other without the mediation of a creditor bank institution. Prior literature has examined online P2P, but has largely been limited to the Western context. This paper thus explores how social capital and other factors influences online P2P lending in the U.S. and China. Based on the archival data of Prosper and PPDai, we compare market outcome of two online P2P lending marketplaces in the U.S. and China. The empirical results show that social capital is not equally important in different online communities. Social capital seems to be more influential for likelihood of getting funded in China than in the U.S. In contrast, social capital has influence on interest rate in the U.S. only. The authors' study thus extends current understanding about how social capital influences online communities to a global perspective.

The Double-entry Bookkeeping Committee of 1914 and the Brazilian Public Accounting System

The history of Brazilian accounting has not been explored at length. Through a historical survey, this article presents the history of the Double-entry Bookkeeping Committee of 1914. After the Proclamation of the Republic was announced in 1889, the government started to expand its administrative bodies, necessitating the introduction of a bureaucracy able to perform new functions. In the same period, Brazil experienced a strong economic development with the development of its coffee industry. In 1905, under the leadership of Carlos de Carvalho, São Paulo State Treasury bookkeeping tasks were introduced under a double-entry bookkeeping system and through accrual and financial accounting. Double-entry bookkeeping practices in the federal public accounting system, although enshrined in law since 1808, were only fully realized after the creation of the Double-entry Bookkeeping Committee in 1914. In that same year, due to the negotiation of a second funding loan, English creditor bank auditors requested a balance of the National Treasury from the Minister of Finance Rivadávia Corrêa. Because the balance had not been prepared in eight years, the Double-entry Bookkeeping Committee was established in June of 1914, and this body completed a technical audit of Revenues and Expenditures. The committee also conducted the state administration's first Asset and Liability audit since the colonial era. The Double-entry Bookkeeping Committee of 1914 spearheaded changes to the Brazilian public accounting system, including the creation of the Public Accounting Code in 1922 and the approval of Central Accounting Office of the Republic regulation in 1924, strengthening and ascribing perpetuity to practices adopted after 1914.