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Journal articles on the topic 'Bank guarantee'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Barsta, Naufal Amar Atha, Siti Hamidah, and Ranitya Ganindha. "Perlindungan Hukum Terhadap Nasabah Atas Penggunaan Bank Garansi Bersifat Unconditional Ditinjau Dari Prinsip Kehati-hatian Bank." RechtJiva 1, no. 2 (2024): 249–68. http://dx.doi.org/10.21776/rechtjiva.v1n2.4.

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This research is motivated by the incompleteness of the rules for using unconditional bank guarantees as collateral in government procurement projects for goods and services. This incompleteness can be seen from the absence of regulations regarding the mechanism for disbursing unconditional bank guarantee claims in Bank Indonesia Directors' Decree No. 23/88/KEP/DIR concerning Provision of Guarantees by Banks. This research uses a juridical-normative research method with a statutory approach and an analytical approach. The analysis techniques used are grammatical interpretation techniques and s

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RANDY, TENGKU OCVAN. "TINJAUAN YURIDIS BUY BACK GUARANTEE SEBAGAI ALTERNATIF TERHADAP PENYELESAIAN DEBITUR BERMASALAH ATAS KREDIT PEMILIKAN RUMAH BERSUBSIDI PADA BANK (STUDI PADA BANK DI SUMATERA UTARA)." Ilmu Hukum Prima (IHP) 5, no. 1 (2022): 89–107. http://dx.doi.org/10.34012/jihp.v5i1.2532.

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One of the risk mitigation instruments which mostly used by banks in providing Subsidized/Sejahtera mortgage facilities is the Guarantee Agreement. The Guarantee Agreement is commonly known as the Buy Back Guarantee Agreement or the Guarantee Agreement to Buy Back. This agreement is not only contained in Cooperation Agreement clause between bank and developer, it is also stated in the form of a deed in the form of a Buy Back Guarantee Agreement or a guarantee deed to buy back the object of the house collateral by guarantor or insurer. Buy Back Guarantee agreement as an alternative for loan gua

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Ginting, Lilawati. "Comparison of Execution in Warranty and Fiduciary Bank." Randwick International of Social Science Journal 3, no. 4 (2022): 914–22. http://dx.doi.org/10.47175/rissj.v3i4.567.

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The types of guarantee institutions known in the Indonesian legal system can be classified according to their type, nature, purpose and management. Late payment will result in a claim for the guaranteed goods. Execution is an attempt by the ruling party to seek justice through res judicata. Bank guarantees, which are individual guarantees, and trustees, which are physical guarantee institutions, have different implementation methods at the time of default. This study tries to explain the problem of comparing legal situations with bank guarantees and trustees in a normative and juridical way. T

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Sabrina Zahara Noor Rahma and Siti Mahmudah. "TINJAUAN YURIDIS TERHADAP KEDUDUKAN PENJAMIN PERORANGAN (BORGTOCHT) DALAM PENYELESAIAN KREDIT MACET DI PT. BANK PERKREDITAN RAKYAT DATA SEMARANG." JURNAL ILMIAH LIVING LAW 16, no. 2 (2024): 119–33. http://dx.doi.org/10.30997/jill.v16i2.12703.

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The aim of this research is to analyze and examine individual guarantees guaranteed by debtors to creditors (Banks) in credit agreements. The approach method used in this research is normative juridical, with research specifications in descriptive analytical form. The results of the research show that individual guarantee arrangements are regulated in the Civil Code. An individual guarantee is a third party that guarantees all of the debtor's obligations to the creditor, if the debtor defaults. The position of individual guarantees at BPR DATA is an additional (accessory) that accompanies the

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Siti Nurul Azizah, Rosanini Daga, and Abd Samad. "Bank Guarantee Functions As Distributor Guarantee To Customers Issued By Pt. Indonesian People's Bank (Persero) Tbk." MANAGER: Journal of Management and Administration Science 2, no. 1 (2023): 119–42. http://dx.doi.org/10.58738/manager.v2i1.426.

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This research was conducted to find out the functions and procedures of the Bank Guarantee as a guarantor for distributors to customers issued by PT. Bank Rakyat Indonesia (Persero) Tbk. This type of research uses qualitative research with the type of field research (Field Research). Field research is a field research procedure that produces descriptive data, data collection methods used are interviews, documentation and literacy regarding Bank Guarantees. The sources of this research are employees of PT. Bank Rakyat Indonesia (Persero) Tbk. Mamba Branch. To find out the function and analyze t

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Bahri, Bahri, Cicilia Julyani Tondy, and Irhamsah Irhamsah. "Kepastian Hukum Personal Guarantee Sebagai Penjamin Kredit Bank yang Juga Menjadi Penjamin untuk Debitur Lain di Bank Lain." ARMADA : Jurnal Penelitian Multidisiplin 2, no. 1 (2024): 103–13. http://dx.doi.org/10.55681/armada.v2i1.1156.

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Abstract : Based on Article 1820 of the Civil Code, an individual guarantee (borgtocht or personal guarantee) is an agreement in which a third party, for the benefit of the debtor, commits himself to fulfill the debtor's obligations regarding the main agreement. The individual agreement is in the form of an assessor or additional guarantee, but apart from that, a fixed asset guarantee is required. This research aims to find out how to implement the provision of a personal guarantee for all personal assets to pay off the debt of 2 (two) debtors at another bank and find out the extent of legal c

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Reszczyński, Radosław. "Evaluation of the effectiveness of the Bank Guarantee Fund's deposit guarantee activities." Catallaxy 8, no. 1 (2023): 35–46. http://dx.doi.org/10.24136/cxy.2023.003.

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Motivation: The Bank Guarantee Fund (BFG) operates by following two formulas, one of which is the implementation of the disbursement of guaranteed amounts. The BFG has been changing the limits of the guaranteed amounts, streamlining and improving the way in which the disbursements are made, as well as conducting information activities. The interest in analysing these activities is the original motive that prompted the present topic. Aim: The aim of the article is to evaluate the effectiveness of the BFG's deposit guarantee activity by: showing the history of the limit of guaranteed amounts, re

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8

Muslim, Sri Alfira, Muhammad Yusuf Saleh, and Ripa Fajarina Laming. "Sistem Dan Prosedur Penerbitan Bank Garansi Pada PT Bank Sulselbar." ACCESS: Journal of Accounting, Finance and Sharia Accounting 1, no. 1 (2023): 51–56. https://doi.org/10.56326/access.v1i1.2061.

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Garansi bank adalah perjanjian tertulis dimana bank telah sepakat untuk mengikatkan diri kepada penerima jaminan untuk memenuhi kewajiban yang dijamin dalam jangka waktu tertentu dan dengan syarat-syarat tertentu berupa pembayaran sejumlah uang tertentu, jika pihak yang dijamin dikemudian hari tidak memenuhi kewajibannya kepada penerima jaminan atau wanprestasi. Tujuan dari penelitian ini adalah untuk mengetahui, memahami dan menganalisis sistem dan prosedur penerbitan bank garansi di PT Bank Sulselbar. Penelitian ini merupakan penelitian kualitatif dengan menggunakan metode deskriptif kualita

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-, Adham. "Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)." MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) 11, no. 2 (2021): 55–61. http://dx.doi.org/10.33558/maslahah.v11i2.2626.

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The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe d

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-, Adham. "Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)." MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) 11, no. 2 (2021): 55–61. http://dx.doi.org/10.33558/maslahah.v11i2.2626.

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The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe d

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Muksal, Ayumiati, and Ilham Fachreza. "Issuance of Bank Guarantees to Construction Service Providers at Islamic Banks." Mutanaqishah: Journal of Islamic Banking 3, no. 2 (2024): 97–105. http://dx.doi.org/10.54045/mutanaqishah.v3i2.1412.

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Bank guarantees are one of the products issued by banks in the field of product offerings that provide guidance on activities that will be carried out to achieve a company's marketing objectives. The aim of this research is to determine the suitability of bank guarantee products with adjustments to sharia and the principles of sharia rules. This research uses a descriptive qualitative approach while data collection uses observation, interviews and documentation methods. The research results found that the implementation of bank guarantees at Bank Aceh Syariah, Meulaboh branch, principles are b

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Knezevic, Mirjana, and Aleksandar Lukic. "The importance of bank guarantees in modern business (business environment in Serbia)." Investment Management and Financial Innovations 13, no. 3 (2016): 215–21. http://dx.doi.org/10.21511/imfi.13(3-1).2016.07.

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In contemporary international payment transactions, there takes place frequent use of bank guarantees as collateral payment in commercial transactions. The bank guarantee is usually required when it comes to specific business agreements that require stronger commitment and assurance that all contractual obligations will be implemented exactly as indicated. Knowledge of the use of bank guarantees allows better negotiating position in making business, quicker response to the demands of public calls for tenders and the provision of their own claims. Because of its rapid and efficient implementati

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13

Elboev, Bobur. "BANK GUARANTEE PROCEDURE." Economics and education 24, no. 1 (2023): 173–77. http://dx.doi.org/10.55439/eced/vol24_iss1/a25.

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The article studies some aspects of the procedure of bank guarantees, the mechanism of its implementation, the characteristics of some types of bank guarantees, its specific features in the structure of banking services, procedure of accounting of bank guarantees, and relationships among principal, bank-guarantor, and beneficiary. The specific aspects of bank guarantees were analyzed and scientific conclusions were formed

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Ra'syiah Rabah, Aluf, and Kharista Dewi Antisha Shakeab. "Problematika Regulasi Lembaga Penjamin Simpanan Dalam Program Penjaminan Simpanan Nasabah Bank Digital." Jurnal Lex Renaissance 8, no. 1 (2023): 129–46. http://dx.doi.org/10.20885/jlr.vol8.iss1.art8.

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LPS, which functions to guarantee bank customer deposits, often faces various challenges, especially with the existence of digital banks. This research discusses two matters. First, what challenges will the digital bank face in relation to the LPS guarantee program. Second, efforts can be made to answer these challenges. This is a type of normative research using a statutory research approach. The research process carried out by the author resulted in an answer that the current LPS program and regulations have not been able to accommodate the legal certainty of deposit guarantees for digital b

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Moinfar, Somaye, Masoumeh Esmaeeli, Elham Taghizadeh, and Hossein Hassani. "Bank Guarantees in Iranian Law." Journal of Politics and Law 9, no. 2 (2016): 181. http://dx.doi.org/10.5539/jpl.v9n2p181.

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<p>This paper aims at investigating bank guarantees in <em>Iranian law</em> and exploring new and different bases for the nature of bank <em>guarantees</em> that create liabilities and make accepting this legal action simpler for community members. In other words, we have been in a position to answer these questions: What is the nature of bank g<em>uarantees</em>? In other words, do bank g<em>uarantees </em>include <em>civil or </em>commercial guarantees? Finally, according to the proposed principles and introduced ideas, it see

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Hussein, Sherif Kamel, and Abdullah Alhayan. "Electronic Letter of Guarantee for Banking System." International Journal of Computer Science and Information Technology 14, no. 6 (2022): 13–30. http://dx.doi.org/10.5121/ijcsit.2022.14602.

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Guarantees are generally used to cover the risk of a contracting party failing to fulfill its agreed obligations (such as non-payment or delivery). Collateral can be used in open account trading as it complements collection efforts and documentary credits. A guarantee is a type of protection that one party imposes on the other party in a transaction in the event that the second party fails to fulfill its obligations according to predetermined specifications. In this case, the first party receives a predetermined amount of compensation from the guarantor, while the second party is required to r

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Haag, Anke, and Thomas Henschel. "SME lending relationships." International Journal of Entrepreneurship and Innovation 17, no. 3 (2016): 184–93. http://dx.doi.org/10.1177/1465750316655905.

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The article illustrates the importance of the German Credit Guarantee Scheme to overcome credit restrictions for small and medium-sized enterprises (SMEs). By analysing the results of semi-structured interviews with German bank managers, it is demonstrated that the provision of a guarantee from a guarantee bank fosters learning by creating lending relationships and allowing a diminution of information asymmetries. Moreover, the research reveals some new aspects regarding the profitability of lending banks. The respondents indicate that profits rather decrease when a guarantee from a guarantee

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Yunianti, Nur Intan, and Ambar Budhisulistyawati. "EFEKTIVITAS JAMINAN PERORANGAN (PERSONAL GUARANTEE) DALAM MENUNJANG PENYELESAIAN KREDIT BERMASALAH DI BANK BRI CABANG SURAKARTA DAN BANK BNI SYARIAH CABANG SURAKARTA." Jurnal Privat Law 8, no. 1 (2020): 111. http://dx.doi.org/10.20961/privat.v8i1.40383.

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<p>Abstract<br />This article aims to determine the effectiveness of personal guarantees on the settlement of nonperforming loans at the Bank BRI of Surakarta Branch and Bank BNI Syariah of Surakarta Branch. This study uses empirical<br />(nondoctrinal) legal research methods with the nature of descriptive research and qualitative approaches. The study uses qualitative methods with primary data sources and secondary data sources in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in the form of taking pri

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Gavrichkov, S. V. "The Injunction to Pay under a Bank Guarantee as a Procedural Means of Interference in Guarantee Legal Relations." Actual Problems of Russian Law 19, no. 10 (2024): 70–80. http://dx.doi.org/10.17803/1994-1471.2024.167.10.070-080.

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The paper analyzes the balance between the procedural institution of acceptance of interim measures by the courts and the material institution of ensuring the fulfillment of obligations by issuing independent (bank) guarantees. The author raises the issue of the intrusion of interim measures into the independent nature of the guarantee relationship and justifies the approach according to which such interim measures may be permissible if there are signs of abuse of the right by unscrupulous beneficiaries. The paper analyzes the practice of both arbitrazh courts and courts of general jurisdictio

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Marta S, R. Adi. "Credit Guarantee Subrogation by Guarantee Companies in Credit Agreements in Small and Micro Enterprises." Journal of Law, Politic and Humanities 5, no. 4 (2025): 3073–81. https://doi.org/10.38035/jlph.v5i4.1716.

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Compared to large business actors, micro, small, and medium enterprises (MSMEs) still receive very small amounts of credit from banks. Banks face obstacles in distributing credit to micro, small, and medium enterprises (MSMEs) due to high cost of funds, no reports, business legality, and marketable collateral. Credit Guarantee is an activity in the form of providing guaranteed to help access credit to micro, small, and medium enterprises (MSMEs) that have feasible businesses but do not meet the technical requirements of banking, especially in fulfilling collateral. The purpose of this writing

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Permatasari, Made Intan, I. Nyoman Putu Budiartha, and I. Wayan Kartika Jaya Utama. "Legal Protection against Bouwheer in a Contract for the Outsourcing of Work with a Bank Guarantee." Journal of Law, Politic and Humanities 5, no. 4 (2025): 3131–41. https://doi.org/10.38035/jlph.v5i4.1693.

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Bank guarantee is a guarantee in a work outsourcing agreement that protects the bouwheer from the contractor's default. However, in practice, the disbursement of bank guarantees often faces obstacles, especially when the contractor goes bankrupt. Banks often refuse disbursements for administrative reasons that do not have a clear legal basis, thus creating legal uncertainty for bouwheer. This research uses normative legal methods with legislative, conceptual and case approaches. This approach is used because there are vague norms in the arrangement of bank guarantees, especially regarding lega

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Febriana, Anggita, Albertus Sentot Sudarwanto, and Andina Elok Puri Maharani. "Legal Problems The Implementation Of Credit Agreements With Fiduciary Guarantees." International Journal of Educational Research & Social Sciences 4, no. 1 (2023): 234–39. http://dx.doi.org/10.51601/ijersc.v4i1.582.

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This look at targets to analyze the legal problems with the implementation of Credit Agreements, especially in relation to the credit using fiduciary guarantees as collateral. Financing institutions use Credit Agreements that are included in the Standard Agreement. Because credit is a business activity of financial institutions, in this case it is a bank, in order to achieve a national balance in distributing funds to the public. In carrying out its function, banks as financial institutions provide credit, therefore the provisions of the Guarantee Law are intended to help business activities b

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Sadeghi, Mohammad, and Ali Ahamdi. "Independency of Bank Guarantee in Iran –US Claims Tribunal: Looking for Legal Approach for Minimizing the Risk of Economic Contracts." JOURNAL OF UNIVERSITY OF BABYLON for Pure and Applied Sciences 26, no. 10 (2018): 301–8. http://dx.doi.org/10.29196/jubpas.v26i10.1888.

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Bank guarantees are significant instrument in business contracts, especially in minimizing the risk of economic contracts in light of international contracts. Furthermore, the bank guarantee has positive impact on legal reliability International contracts among the parties. In line with that the independency of bank guarantee from contract terms is other advantage that has been led to consider the bank guarantee as an innovative financial instrument to increase the chance of minimizing the risks. The fact is that bank guarantee associated with paying amount of guarantee in cash and gets rid of

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Khisni, Lila Kurniawati, and Lathifah Hanim. "IMPLEMENTASI ASAS DROIT DE PREFERENCE TERHADAP JAMINAN HAK TANGGUNGAN OLEH PIHAK PERBANKAN DALAM PERJANJIAN KREDIT." Jurnal Akta 4, no. 1 (2017): 97. http://dx.doi.org/10.30659/akta.v4i1.1750.

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This study entitled Implementation of the principle of droit de preference to the guarantee of mortgage rights by the banks in the credit agreement. This study discusses the implementation of the principle of droit de preference on the guarantee of mortgage rights by the banks in credit agreements, the constraints found in the implementation of the principle of droit de preference on the guarantee of mortgage rights by the banks in credit agreements and how to overcome these obstacles.Implementation of the principle of droit de preference on the guarantee of mortgage by PT Bank Tabungan Pensiu

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Anadi, Yandri Radhi. "KEKUATAN HUKUM AKTA BUY BACK GUARANTEE DENGAN KUASA MENJUAL BAGI PIHAK DEVELOPER." Jurnal Hukum dan Kenotariatan 3, no. 1 (2019): 115. http://dx.doi.org/10.33474/hukeno.v3i1.1923.

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Kedudukan akta buy back guarantee dalam sistem hukum jaminan tidak berbeda halnya dengan akta-akta notariil lainnya yang digunakan pada lembaga penjaminan. Ia berfungsi sebagai perjanjian ikutan/pelengkap (accesoir) dari perjanjian kredit, yang banyak digunakan pada perjanjian pemberian Kredit Pemilikan Rumah (KPR). Penggunaan akta buy back guarantee karena pada akhirnya bank menempuh upaya lelang, sehingga terkesan bahwa akta buy back guarantee hanyalah ikatan moral belaka, namun tetap diperlukan oleh perbankan sebagai alternatif lembaga penjaminanKata kunci: buy back guarantee, kekuatan huku

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Anand, Ghansham, Angelina Uirianto, and Gabriele Edria Tjoputra. "Provision of Corporate Guarantee Between a Bank and Commanditaire Vennootschap as Debt Insurer." International Journal of Science and Society 5, no. 3 (2023): 366–76. http://dx.doi.org/10.54783/ijsoc.v5i3.756.

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This study was to find out the provision of corporate guarantee between the bank and limited partnership as the guarantor based on the corporate guarantee deed. This study used a normative juridical method emphasizing the science of the law by examining the prevailing legal norms in society. Using this method, it was concluded that the legal consequence of the corporate guarantee deed between the bank and limited partnership as a corporate guarantor is an agreement that binds the partners of limited partnership. In addition, legal protection for the bank is by changing the position of limited

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Abdullah, Junaidi. "PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN DI KSPS LOGAM MULIA KECAMATAN KLAMBU KABUPATEN GROBOGAN." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 8, no. 1 (2018): 121. http://dx.doi.org/10.21043/yudisia.v8i1.3222.

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<p>Any loan or financing agreement made by a sharia financial institution, whether bank or non-bank, more particularly KSPS Logam Mulia, usually requires a guarantee. Guaranteed goods guaranteed by the community or its members may be movable objects such as motorcycles or cars (guaranteed by BPKB) and may be non-moving objects in the form of buildings or land (guaranteed usually land certificates) .To to legalize the guarantee goods, the guarantee goods. For moving objects in the form of fiduciary and immovable property through mortgages.</p><p> With the existence of objects

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Nyambane, David, and Uwimpuhwe Marie Clementine. "Investigating the Impact of Business Development Fund Ltd's Credit Guarantee on Small and Medium Enterprises in Rwanda: A Comprehensive Analysis." IDOSR JOURNAL OF CURRENT ISSUES IN ARTS AND HUMANITIES 9, no. 2 (2023): 39–56. http://dx.doi.org/10.59298/idosrjciah/2023/3.3.3300.

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In Rwanda, the Business Development Fund Ltd aims to support the initiation, growth, and success of Small and Medium Enterprises (SMEs) by providing credit guarantees, facilitating their access to bank financing. This study explores the efficacy of the credit guarantee fund in stimulating SME growth in Rwanda, particularly within Kigali City. It delves into the accessibility of the BDF Ltd credit guarantee fund for SMEs, assesses its correlation with employment generation, evaluates its influence on SMEs' sales turnover, and analyzes its responsiveness to borrower demands from 2011 to 2013. Em

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Dodson, Charles. "Bank size, lending paradigms, and usage of Farm Service Agency's guaranteed loan programs." Agricultural Finance Review 74, no. 1 (2014): 133–52. http://dx.doi.org/10.1108/afr-01-2013-0002.

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Purpose – An established paradigm in small business lending is segmented by bank size with large banks more likely to lend to large informationally transparent firms while small banks are more likely to lend to small informationally opaque firms. In light of banking consolidation, this market segmentation can have implications for credit availability. Federal loan guarantees, such as those provided by USDA's Farm Service Agency (FSA) may reduce the risks of lending to informationally opaque firms thereby mitigating the impacts of the bank size lending paradigm. This paper aims to discuss these

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Radityo, Mochammad Erwin, Asmuni Asmuni, and Arifuddin Muda Harahap. "Implementation Of Buy Back Guarantee By The Bank Against The Developer As A Guarantee For Completion Bad Credit Problems." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 1571. http://dx.doi.org/10.31941/pj.v23i2.4855.

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<p class="TableParagraph"><em>Purchase Back Guarantee is an agreement made by the bank and developer to provide collateral for the mortgage to the developer. Article 8 Paragraph (1) of Law Number 7 of 1992 concerning Banking as Amended by Law Number 10 of 1998 (Banking Law) stipulates that bank credit distribution must be based on confidence in the debtor, which in the provisions explaining this confidence refers to the existence of credit guarantee. In addition, Article 11 of the Banking Law regulates the provisions for providing guarantees by Bank Indonesia. However, these articl

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Mel'nichenko, Sergei Vasil'evich. "Subjects of legal relations emerging from bank guarantee in the contractual system." Финансы и управление, no. 1 (January 2020): 81–90. http://dx.doi.org/10.25136/2409-7802.2020.1.32208.

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The object of this research is the parties of relations of bank guarantee within the contractual system. The subject of this research is the legal position of the parties of the relations pertaining to provision bank guarantee in the sphere of procurement. In the process of examining the status of the parties of relations in bank guarantee within the contractual system, the author examines the normative legal acts that establish requirements and boundaries for parties of the relations pertaining to guarantee commitment in the sphere of procurement. Throughout the process of studying the status

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Andrianto, Agus. "Analisis Yuridis Penggunaan Perjanjian Pengikatan Jaminan Fidusia dan Kuasa (Ppjf) terhadap Mesin yang Masih dalam Pemesanan." JURNAL RECHTENS 8, no. 2 (2019): 163–78. http://dx.doi.org/10.36835/rechtens.v8i2.532.

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Credit or financing based on sharia principles provided by banks carries risks, so in practice banks must pay attention to the principles of credit or financing based on sound Sharia Principles. As an intermediary institution and in line with the external and internal environment of the banking system, it is currently experiencing rapid development. Banks are required to be more flexible in providing financing / credit by accepting guarantees that will still exist in the future. One of them is through credit / financing activities based on sharia principles through instruments known in interna

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Hariwijaya, I. Gusti Ngurah Bagus Denny, I. Nyoman Putu Budiartha, and I. Ketut Widia. "Perjanjian Kredit Bank dengan Jaminan Borgtocht (Perorangan)." Jurnal Konstruksi Hukum 1, no. 2 (2020): 340–45. http://dx.doi.org/10.22225/jkh.2.1.2552.340-345.

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The rapid progress of the times is influenced by the development of the needs of every member of society and the ways of fulfilling the economy of each member of society. This incident requires the presence of a credit guarantee regulation as a place to expand a business that has both a legal entity and an individual. Granting space for credit requires a guarantee for the sake of security. Lending requires a guarantee such as a house, land, car, shares, and other assets for the sake of security for the credit extension and to avoid risks if a debtor cannot fulfill his obligations. From this ce

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Satory, Agus, Sufmi Dasco Ahmad, and Roby Satya Nugraha. "Fiduciary Guarantee Registration Implementation Through Electronic (Online System) in Indonesia." JURNAL AKTA 11, no. 4 (2024): 1337. https://doi.org/10.30659/akta.v11i4.41689.

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The aim of this research is to analyze the implementation of electronic fiduciary registration in Indonesia and to analyze the factors that support and hinder the implementation of electronic fiduciary registration. The research methods taken in this study is a normative juridical approach supported by empirical data. Fiduciary as a guarantee institution is regulated in Law No. 42 of 1999 concerning Fiduciary Guarantees and followed up with Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Guarantee Deeds. Fidu

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Noor, Afif, and Bagas Heradhyaksa. "EXECUTION MECHANISM OF MORTGAGE RIGHTS USING EXECUTORIAL TITLE IN SHARIA BANKING IS WHOSE AUTHORITY?" Diponegoro Law Review 5, no. 2 (2020): 245–59. http://dx.doi.org/10.14710/dilrev.5.2.2020.245-259.

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Mortgage Right is a guaranteed right to land that is attached to the debt process. The authority to execute the guarantee of Liability on Sharia banks is an important matter to be discussed in the study of business law or commercial law as an effort to return loans that have been given by creditors (sharia banks) to debtors (customers) on financing problems or breach of contract. The Guarantee of Mortgage will not have meaning if the guarantee cannot be executed. The significance of this study is to know the mechanism of request for execution of guarantee of mortgage rights at a sharia bank af

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Usanti, Trisadini. "Mitigations risk of trademark as credit bank guarantee." Anuario Jurídico y Económico Escurialense, no. 54 (March 8, 2021): 363–76. http://dx.doi.org/10.54571/ajee.463.

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Abstract: The Efforts to minimize legal risk over brand certificate guarantees in banking practices by conducting a professional analysis of brands. The main thing that is done by the bank is to identify whether the rights to the mark meet the legal and economic requirements as a guarantee and the important is imposition of perfect pawn collateral institutions or fiduciaries then it cause the property rights is born and bank domiciled as a preferred creditor. The analysis on guarantee is the bank effort to ward off legal risk such as weakness of the alliance until not fulfilled the contractual

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Aslan Noor, Yeti Setiawati, Melliana Wijaya, and Rodiah Rohmani. "Legal Analysis of the Position of Personal Guarantee Owners in the Bank Credit Agreement Structure." Journal of Law, Politic and Humanities 4, no. 6 (2024): 1946–57. https://doi.org/10.38035/jlph.v4i6.567.

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Bank loans play a vital role in supporting economic activities in Indonesia. One important instrument in managing credit risk is a personal guarantee, which involves a third party or the debtor himself to guarantee repayment of the loan in the event of default. This study analyzes the legal position of personal guarantees in the structure of bank credit agreements in Indonesia, identifying the effectiveness and risks associated with the use of personal guarantees. The normative juridical research method is used to explore conceptual and statutory approaches, and compare practices in the field.

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Wijaya, Evelin, Fendy Fendy, and Aisyah Aisyah. "Yuridis Pemberian Kredit Bank dengan Jaminan Hak Tanggungan pada PT. Bank Mestika Dharma, Medan." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (2020): 412–18. http://dx.doi.org/10.34007/jehss.v3i2.322.

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The purpose of this study is to examine the policies of granting credit in PT. Bank Mestika Dharma, TBK along with bonded legality of credit agreement with mortgage guarantee and to find out legal certainty for creditors who hold mortgage rights guarantee. The method of this research is descriptive analytic where the facts found are described in general along with their legal provisions. This research is carried out by doing on the spot and books research by looking the problems and compared with laws and/or implementing regulations which related to the binding of these mortgage rights guarant

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Arinata Thema, Komang Andhika Yuna. "Pelaksanaan Fidusia Pada Bank Perkreditan Rakyat Ulatidana Rahayu yang Tidak Mendaftarkan Jaminan Secara Online." Acta Comitas 4, no. 3 (2019): 421. http://dx.doi.org/10.24843/ac.2019.v04.i03.p07.

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A fiduciary guarantee is a guarantee that binds movable and immovable property on this matter which does not allow the mortgage to be imposed, in accordance with the provisions of article 1 paragraph 2 of the Fiduciary Law that one can be burdened with fiduciary objects, one of which is immovable property which cannot be encumbered by mortgage . Banks have businesses in the form of providing credit. Credit is a loan from a bank in the form of a sum of money to the borrower accompanied by the surrender of collateral. The problem that occurs is the people's credit banks whose fiduciary guarantee

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GORTON, GARY, and GEORGE PENNACCHI. "Are Loan Sales Really Off-Balance Sheet?" Journal of Accounting, Auditing & Finance 4, no. 2 (1989): 125–45. https://doi.org/10.1177/0148-558x1989004002002.

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A commercial loan sale or secondary loan participation is a contract under which a bank sells the cash stream from a loan to a third party, usually without recourse. In accordance with accepted accounting procedures, this no-recourse contract allows removal of the underlying loan from the balance sheet of the bank, so that the funding of the loan is not subject to capital or reserve requirements. Since commercial banks are thought to specialize in the origination of nonmarketable claims on borrowing firms, the apparent ability of banks to sell these assets seems paradoxical. The paradox could

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Putriyanti, Erma Defiana. "Legal Status of Credit Bank Guarantee in Indonesia’s Legal Guarantee." Sriwijaya Law Review 1, no. 2 (2017): 128. http://dx.doi.org/10.28946/slrev.vol1.iss2.38.pp128-141.

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The aim of this research is to analyze about the legal status of the letter hiring as collateral for bank loans in the Indonesian security law. The method of this research is a normative juridical. The results of this research indicate that the decree hiring is not included in the objects that can be bound by pledge, fiduciary, and mortgage then hiring decree hiring is not included in the personal guarantee and corporate guarantee. Although the hiring decree is issued by a legitimate institution, the institution is not bound by an agreement between the debtor debts with the bank but when the d

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Cristina Arcuri, Maria, Lorenzo Gai, and Federica Ielasi. "Public Credit Guarantee Schemes in Supporting SMEs: An Evaluation of Effectiveness and Impacts." International Journal of Business and Management 15, no. 1 (2019): 174. http://dx.doi.org/10.5539/ijbm.v15n1p174.

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Public credit guarantee schemes are set up with the purpose of facilitating access to credit by Small and Medium-sized Enterprises (SMEs). The aim of the paper is to study the effectiveness and impacts of the Italian Central Guarantee Fund (CGF)&rsquo;s activity, one of the main public guarantee schemes in Europe. This is even more important in the light of the 2018 CGF reform.   Analyzing a sample which includes all the guarantees issued by the CGF from 2012 to 2018 on loans made to manufacturing companies, we find that the CGF methodology is partially able to capture the vari

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Tzouganatos, Dimitris, Annick de Wilde, and Eva Maria Belser. "BGH, Urteil vom 18.5.1995, - Zur Wirksamkeit einer formularmäßig vereinbarten Globalbürg-schaft nach dem AGBG - Zur teilweisen Aufrechterhaltung einer Klausel im Gegensatz zur unzulassigen." European Review of Private Law 7, Issue 1 (1999): 121–39. http://dx.doi.org/10.54648/233271.

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In this decision the 9th Civil Chamber of the German Federal Supreme Court changed its case law on the validity of a standard form contract providing a universal guarantee, and followed the 'causation' line of case law of the 5th and 11th Civil Chambers. The judgment was based on the following set of facts: The plaintiff savings bank provided a property company, a Kommanditgesellschaft, with an overdraft. In 1984 the defendant, a shareholder in the company, agreed to become personal guarantor of the credit advanced to the property company under a standard form of agreement with no restrictions

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William, G. Victor. "AKTA BORGTOCHT DALAM PERJANJIAN KREDIT." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (2019): 50–61. http://dx.doi.org/10.29062/jmhp.v5i1.75.

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Personal guarantee (borgtocht) is an additional agreement (accesoir) which is made for the benefit of the creditor. Personal guarantee cannot exist if there is no legal principal agreement between the creditor and the debtor, therefore this guarantee agreement involves three parties, namely the creditor, the debtor and the guarantor. The main reason for the making of personal guarantee agreement is because there is a relationship of interest between the guarantor and the debtor (the guarantor has an economic interest in the business of the debtor). Personal guarantee in practice are always mad

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Waldi Nopriansyah, Abdul Mujib та Ali Sodiqin. "Hukum Jaminan dalam Pembiayaan Modal Kerja (Akad Muḍārabah) di Bank Syariah dalam Pendekatan Maqāṣid Syarī’ah". BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 4, № 1 (2023): 54–74. http://dx.doi.org/10.36701/bustanul.v4i1.870.

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This study aims to determine the law of guarantees in working capital financing (muḍārabah contracts) in Islamic banks from the perspective of maqāṣid syarī’ah. This type of research is qualitative research that is literary. The approach in this study uses the sharia maqāṣid system. The results of the study show that the guarantee applied by Islamic banks to working capital financing contracts (muḍārabah contracts) is a must that must be carried out by the bank in implementing the precautionary principle. While the maqāṣid sharia view, the application of guarantees carried out by Islamic banks

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Wahyu Deny Handayani. "PENGAMBILALIHAN OBJEK OLEH DEVELOPER AKIBAT WANPRESTASI KONSUMEN DALAM PERJANJIAN KREDIT PEMILIKAN RUMAH." Jurnal Akta Notaris 1, no. 1 (2022): 105–22. http://dx.doi.org/10.56444/aktanotaris.v1i1.194.

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Saat ini dengan meningkatnya persaingan dari segi bisnis perumahan, antara developer dengan Bank telah dibuat suatu perjanjian kerjasama dengan buy back guarantie. Hal ini dimaksudkan untuk mengatasi masalah jual beli rumah dimana sertipikat belum siap, atau masih induk sehingga antara developer dengan konsumen menandatangani perjanjian pengikatan jual beli dan nanti setelah sertipikat sudah siap untuk dilakukan jual beli, konsumen akan dipanggil kembali untuk penandatanganan yang kedua. Hal ini sebenarnya cukup berisiko bagi Bank selaku penyandang dana, karena Bank belum mempunyai hak prefere

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Budi, Setia. "PERMOHONAN EKSEKUSI KEPADA PENGADILAN NEGERI BERKAITAN DENGAN PERJANJIAN FIDUSIA TERHADAP JAMINAN YANG DIGELAPKAN." JCH (Jurnal Cendekia Hukum) 3, no. 1 (2017): 99. http://dx.doi.org/10.33760/jch.v3i1.15.

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The execution of fiduciary guarantee execution is stipulated in Article 29 of Law Number 42 Year 1999 concerning Fiduciary Guaranty which states that execution of fiduciary guarantee execution can be done by executing executorial title, sale by public auction, or sale under the hand with agreement of both parties, but in practice sometimes found when executing fiduciary guarantees on one of its borrowers, the guarantee has been transferred and controlled by a third party without the consent of the creditor. Therefore, this paper aims to find out how the process of fiduciary fraud execution aga

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Muwarji, Tarsisius. "PENJAMINAN KREDIT USAHA KECIL MELALUI GIRALISASI DAN TRANSMISI JAMINAN KEBENDAAN MENJADI TUNAI." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 25, no. 2 (2014): 191. http://dx.doi.org/10.22146/jmh.16091.

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‘Giralisasi’ is the transformation of a physical guarantee (fixed asset) into cash guarantee. Through a pledge/collateral agreement, assets are given by the owner to an issuing bank. The asset is then givena cash value. The cash value is put into an account and transferred to another bank through SocietyWorldwide Interbank Financial Telecommunication (SWIFT) to guarantee credit for small to mediumscale enterprises. This process and the transformation of guarantees may become an alternative solutionto credit issues faced by small to medium scale enterprises when applying for bank loans. Giralis

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Indah, May Er Rosary, Yulfasni Yulfasni, and Yussy Adelina Mannas. "Credit Take over Agreements with Guarantees of Mortgage Rights at Bank China Construction Bank Indonesia TBK. Pekanbaru Branch." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (2019): 151. http://dx.doi.org/10.18415/ijmmu.v6i5.1088.

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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

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Febi, Ajrina, and Mohamad Fajri Mekka Putra. "PERJANJIAN BANK GARANSI PERLINDUNGAN HUKUM DEBITUR YANG BERBENTUK STANDAR KONTRAK AJRINA FEBIANI." Jurnal Penelitian Hukum De Jure 23, no. 2 (2023): 245. http://dx.doi.org/10.30641/dejure.2023.v23.245-254.

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The absence of a conceptual definition of a Bank Guarantee has resulted in different interpretations from one bank to another in translating the applicable regulations. Some legal experts questioned the standard contract because it is considered not to provide room for negotiation between contracting parties and tends to create an imbalance of rights and obligations between the bank and the debtor customer. The bank guarantee plays a role when the customer defaults on the bank, that is, the bank has the right to exercise, but if the customer avoids it, the second step is for the bank to issue

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