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1
VanLandingham, Rachel E. "Directive 2311.01 on the Law of War Program (U.S. Dept. Defense)." International Legal Materials 61, no. 2 (March 8, 2022): 193–206. http://dx.doi.org/10.1017/ilm.2022.9.
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The significance of Department of Defense (DOD) Directive 2311.01E, The Law of War Program (DODD 2311.01E), last updated in 2020, is not simply rhetorical. Born in 1974 in immediate reaction to the well-publicized atrocities committed by U.S. service members in Vietnam (such as at My Lai and Song Thang), the original directive represented the most tangible and highest-level expression of the U.S. executive branch's desire that its members comply with the laws and customs of war. Beyond important symbolism, the original regulation created a true law of war program in more than name only by establishing an interrelated set of measures focused on training, reporting, and investigating with designated offices and positions of responsibility—measures expressly crafted to ensure law of war adherence. DODD 2311.01E maintains and improves the original 1974 program's compliance architecture, and in doing so operationalizes, more than any other DOD or military initiative, the U.S. national commitment that its military should live by the law of war's precepts.
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De Vos, Pierre. "Between moral authority and formalism : Nyathi v Member of Executive Council for Dept of Health, Gauteng." Constitutional Court Review 2, no. 1 (January 2009): 409–27. http://dx.doi.org/10.2989/ccr/2009.0012.
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Barton, S. S., W. G. Smith, and J. L. Swasey. "Using Focus Groups for Landscape Horticulture Curriculum Revision." HortScience 31, no. 4 (August 1996): 567e—567. http://dx.doi.org/10.21273/hortsci.31.4.567e.
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Curriculum revision for science-oriented degrees can be based on input from research journals and discipline-oriented society meetings, but the professional nature of a landscape horticulture degree requires more detailed industry input. The curriculum revision at the Univ. of Delaware started with discussions amongst faculty who were concerned with the current plant science curriculum. A mail survey of alumni from 1984 to 1993 and employers of Univ. of Delaware Plant and Soil Sciences Dept. graduates was conducted in 1994. Survey results were evaluated and incorporated into the development of two curricula: plant biology and landscape horticulture. Focus groups were used to seek industry input for the landscape horticulture curriculum. Two focus groups—established professionals in the landscape horticulture industry and recent graduates from the Plant and Soil Sciences Dept. with landscape horticulture positions—were convened in December 1995. Focus group members received a packet of information about the department including the proposed curricula prior to the meeting. A group of faculty presented information about departmental facilities, faculty, academic opportunities and practical experiences and accomplishments. The previous survey results and proposed curricula were reviewed. A professional facilitator, using a moderator's guide prepared by faculty members, led each focus group discussion. Tapes from each discussion were transcribed and summarized. Original transcriptions and executive summaries were distributed to focus group participants and faculty. Suggestions from focus group participants were incorporated into the final curriculum. Problems associated with the focus group technique include a reluctance of faculty to accept outside opinions, a reluctance to publicly air departmental concerns, and the cost associated with a professional facilitator and rented facilities. However, the focus group technique provided significant feedback in a short period of time and helped build liaisons with industry constituents by including them in the process. Several focus group participants will be invited to join an advisory council for the department.
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White, Reilly. "Executive pensions, compensation leverage, and firm risk." International Journal of Managerial Finance 14, no. 3 (June 4, 2018): 342–61. http://dx.doi.org/10.1108/ijmf-08-2017-0172.
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Purpose The purpose of this paper is to investigate how the structure of both CEO and non-CEO executive compensation affects the overall risk of a firm. The author focuses on the interplay between CEO and non-CEO executive compensation structure. Design/methodology/approach The author uses a hand-collected pension-database that employs both OLS and two-stage least squares regressions to determine the effects of inside debt on default risk using the distance-to-default framework. The database consists of 8,965 executive-year data points from 272 firms. Findings This paper accomplishes three major objectives: first, the author presents a significant extension of Sundaram and Yermack (2007) by including non-CEO executives; the author demonstrates how the differences in inside debt between CEO and non-CEO executives are directly related to firm risk; and that funding these pensions via a Rabbi Trust eliminates most of the risk-shifting effects. Firms with the lowest compensation leverage gap between CEO and non-CEO executives were most likely to observe the agency costs associated with high executive leverage. When compensation leverage structures were substantially different, or the pension was pre-funded, these effects are neutralized. Originality/value To the best of the author’s knowledge, the first paper addresses the effects of Rabbi Trusts on risk-shifting behavior between both CEOs and non-CEO executives. Further, the author extends Sundaram and Yermack (2007) using a hand-collected database six times larger than the original paper. By focusing on the “leverage gap” between CEOs and non-CEO executives, the author presents unique evidence that underlines the risk dynamics between CEOs and their boards.
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Andrushchenko, T. S., and M. H. Salai. "LEGAL NATURE OF NOTARY’S EXECUTIVE INSCRIPTION AND ITS PLACE IN THE SYSTEM OF NOTARIAL PROCEEDINGS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 101–11. http://dx.doi.org/10.32755/sjcriminal.2022.01.101.
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The article is devoted to studying legal nature of notary’s executive inscription as an extrajudicial form of civil rights and obligations protection, as well as a notarial act aimed at giving the document its executive power. Analyzing the legislation, the authors emphasize that the executive inscription must be considered from different points of view. It is this approach that will provide a comprehensive and complete understanding of the essence of such legal construction. So, first of all, the executive inscription is a form of protection of civil rights and interests provided for by the Civil Code of Ukraine, within which the interested person confirms the right to an undisputed debt. Secondly, the executive inscription is a notarial act that records the result of a notarial act and certifies the right to collect the debt from a debtor. In addition, the executive inscription is an executive document on the basis of which a debt collector and a debtor enter into new legal relations. Various approaches to determining the legal nature of a notary’s executive inscription are considered. It was found out that in the course of notarial-procedural activity, the determination of the indisputability of the debt, as a condition for the execution of the executive inscription, has a purely formal character. At the same time, the procedural order for its confirmation is not provided for by the legislation. This fact necessitates further scientific development of the ways to improve the procedure for executive inscription making. Based on the analysis, the author’s approach to defining the concept of “executive inscription” is proposed, taking into account various aspects of its legal purpose. Key words: notary, executive inscription, undisputed debt, debt document, notarial process, notarial proceedings, notarial act.
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Mujic, Muzafer. "Editorial." Bosnian Journal of Basic Medical Sciences 4, no. 3 (August 20, 2004): 3–4. http://dx.doi.org/10.17305/bjbms.2004.3372.
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We inform our readers and collaborators that the interest for publication in Bosnian Journal of Basic Medical Sciences is growing continuously. Numerous letters and messages (e-mail) of support, in particular from our scientists working abroad, are sufficient confirmation. This exchange resulted in the idea (E. Kanlic, MD PhD, Associate Professor, Dept. of Orthopedic, Texas) that our scientists working in the USA edit one issue (preliminary deadline in April 2005) that would be dedicated to the latest understandings and achievements in a specific area that would be of interest for our experts. We are looking forward to successful cooperation with other colleagues engaged in fundamental science.It is with great pleasure that we inform you that, after anticipating a reply from the Department of Health and Human Services for some time, on the 6th July 2004 we received an information from Mr. Sheldon Kotzin, Executive Editor MEDLINE/Index Medicus stating that Bosnian Journal of Basic Medical Sciences has received a positive score (very good) upon reviewing and has been accepted for indexation in MEDLINE/Index MedicusWe are proud that our issues are mainly filled with papers by young researchers which agrees with our primary intention that the Journal grows into a vehicle for the exchange of knowledge among young researchers in the world. With this issue we complete the cycle for this year. We are convinced that, despite significant difficulties, we will find adequate support and ensure regular publication of research results from the entire Bosnia and Herzegovina.With sincere greetings and gratitude,Sarajevo, October 2004Editorial and Advisory BoardM.MujicThis Journal is Indexed in: CAB Abstract / Global Health databases and Index Medicus/MEDLINE.
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Kim, Yura, Jeongsun Yun, Hyun Woo Choi, and Gyuyoung Hwang. "Corporate Payout Policy and CEO‘s Inside Debt Holdings." Journal of Derivatives and Quantitative Studies 23, no. 1 (February 28, 2015): 99–123. http://dx.doi.org/10.1108/jdqs-01-2015-b0005.
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Literature documents that executives' inside debt holdings (debt-based managerial compensation) such as defined-benefit pensions and retirement funds are often unfunded and unsecured and have long maturities, and thus provide managerial incentives to pursue strategies to avoid the overall firm risk. This study investigates the effect of managerial inside debt compensation relative to equity-based compensation on a firm's dividend payout policy. We find that a inside debt holdings are positively associated with various measures of a firm's dividend payout policy. Additionally, we find empirical evidence in firms with inside debt holdings that the inverse relationship between high default risk measured by KZ index and dividend payout weakens as the portion of inside debt relative to equity-based compensation rises. This finding indicates that the needs for the firm to restrain dividend payouts to equity holders is reduced as the executive's debt-to-equity compensation ratio becomes larger. Overall, the results suggests the mitigating effect of executives' inside debt holdings on the conflicts between bondholders and shareholders can lead to generous payout policy.
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Medyantara, Ikang Satrya, Lalu Husni, and Sudiarto Sudiarto. "Grosse Executorial Strength What Is Recognition of Debt in Practice (Study in Class 1A of Mataram District Court)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 19, 2019): 735. http://dx.doi.org/10.18415/ijmmu.v6i3.886.
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The purpose of this study was to analyze the strength of executorial Grosse Debt Recognition Deed in practice in the Class 1A of Mataram District Court. The research method used is empirical normative research. First, based on the results of the research that the Strength of Grosse's Debt Recognition Act in Debt Payment Implementation has a strength that is undoubtedly very strong because it can immediately be submitted for execution without going through a lawsuit in court, which is due to an executive power in the Grosse deed the acknowledgment of Debt in the head of the Deed is that there is an order for justice based on the One and only God made by the Second Notary, Grosse deed of debt recognition can be carried out directly without going through a claim process in court, bearing in mind the Grosse deed of debt recognition provided the head of the office reads for the sake of justice based on the supreme divinity, so that with the power contained in the debt recognition deed, direct execution can be carried out by the creditor to the court if the debtor defaults, without going through the claim process in court. Third, there are several relationships in the execution of Grosse's deed. Debt recognition, for example, the community's knowledge of the gross debt recognition deed. The second, sometimes the notary in making debt recognition Grosse statements does not pay attention to material and formal requirements from the Grosse deed itself.
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Meizaroh, Meizaroh, and Masripah Masripah. "The Effect of Executive Compensation on Credit Default Swap Spread." Gadjah Mada International Journal of Business 21, no. 1 (April 22, 2019): 19. http://dx.doi.org/10.22146/gamaijb.32246.
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Investors have been trying to formulate the optimum composition of executives’ compensation which will incentivize the executives to perform better and act in the shareholders’ best interests. This study aims to find empirical evidence about the impact of executive compensation on the default risk with the Credit Default Swap (CDS) spread as the proxy, using panel data to test the research model, which combines the analysis of cross-section and time series data. The study is conducted based on 1,416 observations of 177 U.S. companies from 2008-2015. The data are mainly collected from Datastream, Compustat, CRSP, and the US SEC’s EDGAR database. The current study provides a contribution by suggesting that executives’ compensation will trigger risk-taking behavior. The results of this study reveal, firstly, both equity-based compensation and debt-like compensation induce risk-taking behavior by the executives. Secondly, the correlation between both the form of the compensation and the CDS spread is weakened in a high information asymmetry environment. Lastly, this study finds that a CFO’s compensation has more influence on the CDS spread, compared to the other board executives, but this condition only occurs when the compensation is awarded in the form of debt-like compensation. To improve the generalization of the results, a further study may consider expanding the sample into several countries.
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Akono, Henri. "Managerial equity incentives and anti-dilutive convertible debt decisions." Review of Accounting and Finance 17, no. 3 (August 13, 2018): 341–58. http://dx.doi.org/10.1108/raf-12-2016-0201.
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PurposeThis paper aims to examine whether high equity incentives motivate executives to avoid issuing convertible debt and/or to design convertible debt issues as anti-dilutive to earnings-per-share (EPS).Design/methodology/approachTests are conducted using the Heckman two-step probit model to control for potential self-selection bias between firms that issue straight debt and those that issue convertible debt. Further, analyses are conducted separately and jointly for the Chief Executive Officer (CEO) and the Chief Financial Officer (CFO) to assess the differential impact of CEOs’ and CFOs’ equity incentives on convertible debt issuance and design decisions.FindingsFirms are more likely to design convertible debt issues as anti-dilutive to EPS when CFOs have high levels of equity incentives, but only when the firm stock price is sensitive to diluted EPS. High CEOs’ equity incentives have limited impact of convertible debt issuance and design decisions.Research limitations/implicationsThe main limitation of this study is the generalizability of the findings and implications of this study due to the smaller sample size of convertible debt issues.Originality/valuePrior research has shown that bonus incentives influence CEOs with disincentive for EPS dilution and motivate them to make anti-dilutive financing decisions. Further, there is evidence that high equity incentives motivate CEOs to manage earnings to boost short-term prices. This study extends prior literature by showing that high equity incentives provide executives with disincentive for EPS dilution and motivate CFOs to design convertible debt issues as anti-dilutive to EPS possibly to avoid reduced stock prices. Further, this study shows that CFOs have greater influence over convertible debt design choices than CEOs do.
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Migliore Santiago, Patti, Rose Guerrero, Chinmaya Rajderkar, and Carol Vanevenhoven. "Addressing survivorship challenges using a collective impact approach." Journal of Clinical Oncology 35, no. 5_suppl (February 10, 2017): 64. http://dx.doi.org/10.1200/jco.2017.35.5_suppl.64.
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64 Background: The American Cancer Society (ACS) estimates 352,830 cancer survivors in WA State today. We had a group of avid stakeholders in the WA CARES About Cancer Partnership wanting to address survivorship issues. The challenge was how to work together to focus on improving the quality of life beyond treatment, recognizing that no single organization has the ability to solve the issues alone. Individual organizations were going their own way creating a duplication of effort. What would it look like if we aligned resources? We had influential champions, grant funds, and a true sense of urgency for change. Methods: We turned to FSG and their research on collective impact. Phase 1 of a collective impact approach was completed. We formed a cross-sector group, mapped the cancer survivorship landscape utilizing state cancer registry data, ACS Survivorship Report and local facility input. In Phase 2 a common agenda was agreed upon. Shared measurements of success for Survivorship Care Plans (SCP) were set. Mutually reinforcing activities were developed in an action plan. Methods and frequency of communication were decided. WA Dept. of Health (DOH) was designated as the hub organization. Results: DOH provides adaptive leadership skills and the ability to mobilize people without imposing an agenda or taking credit for success. We hosted a GW Cancer Institute Executive Training on Survivorship, June 2015. We held a 2 day planning retreat to develop a common agenda and action plan, Dec. 2015. Developed and deployed survey for CoC accredited hospitals to create a baseline for SCP utilization and challenges, Feb. 2016. In May 2016 we hosted 1 day retreat for the leadership team to finalize its action plan and added a second priority to launch a pilot in Yakima County to partner with 2-1-1 to provide resources to survivors. We have moved from having uncoordinated plans to embracing a centralized system. Conclusions: We recognize the need to identify and catalog previously unnoticed resources and make them available statewide; perform ongoing evaluations to elicit feedback for decision making; and, the need for further study to determine if tailored SCP and 211 resources improve patient/provider survivorship experience and attain financial sustainability.
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Angga, Firman. "PERLINDUNGAN HUKUM BAGI PEMENANG LELANG OBYEK HAK TANGGUNGAN DARI GUGATAN PERDATA PIHAK KETIGA." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (May 30, 2019): 19–49. http://dx.doi.org/10.29062/jmhp.v5i1.74.
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In practice, the auction, although carried out in accordance with applicable regulations, is sometimes still sued in the District Court, the High Court even to the Supreme Court. The results of the supreme court's decision were canceled. Regarding this matter, of course the auction winner is very disadvantaged. The problem to be known in this scientific work is a form of legal protection against the winning bidder for the execution of Mortgage, and how to settle if there are obstacles in the implementation of the auction. This scientific work uses a normative juridical method with a statute approach, a conceptual approach and a case approach. The results obtained from this study are that the form of legal protection for auction winners who have good intentions is: 1) Submitting resistance (Derden Verzet) to the execution of the verdict. This resistance is submitted to the Chairperson of the District Court whose confiscation occurs in his jurisdiction, both verbally and in writing, 2) Submitting a request for legal protection for the decision to cancel the auction and re-execute. The method of settlement if there is an obstacle in the implementation of the auction for the Mortgage by means of the debtor paying the amount of debt and other costs as stated in the contents of the decision if the obstacles arise during the auction. Whereas the method of settlement after the auction, is the creditor as the buyer and the winner of the auction of the Mortgage resistance (derden verset) by suing the debtor to court with a claim for compensation for all costs of conducting the auction that has been carried out and canceled by the court. Furthermore, Bank Rakyat Indonesia as the creditor holds the default debtor accountable to immediately fulfill the defaulted debt by re-executing
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Mittal, Prateek. "DETERMINANTS OF CAPITAL STRUCTURE: AN EMPIRICAL STUDY OF LISTED TEXTILE COMPANIES IN INDIA." BSSS Journal of Commerce 14, no. 1 (June 30, 2022): 24–35. http://dx.doi.org/10.51767/joc1403.
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Purpose --This paper aims to empirically investigate the capital structure determinants of Textile Industries of India listed on NSE (National Stock Exchange) during the Year of 2014-18 with a particular focus on short-term debt Ratio and long-term debt Ratio. Design/methodology/approach –Fixed affect panel data regression were used to analyze a sample of 18 Indian Textile Companies listed on NSE (National Stock Exchange) for which complete financial information was available for a Five year period, i.e. the 2014-2018. Findings – The results indicate that there is a significant and negative relationship between profitability, Short-Term, and Long-Term Debt Ratio. Moreover, The Short-Term Debt ratio is significant with Tangibility of the firm and Net Commercial Trade Position, Where Tangibility of the firm is negatively related and Net Commercial Trade Position is positively related. Short-Term Debt Ratio is not significant with Current ratio, Net Commercial Trade Position, Number of Non-Executive Members, Number of Executive Members Number of Audit Meetings, Number of Board Meetings and Quick Ratio, These all variable are having positively related except Quick Ratio. Whether Quick Ratio is negatively related. Practical implications – As debt policy influences Current Ratio, Net commercial Trade Position, Non-debt Tax Shield, Number of Non-Executive Members, Number of Executive Members, Number of Audit Meetings, Number of Board Meeting, Quick Ratio, Return on Assets, Tangibility of Firm financial institutions and managers may benefit from studies considering a relatively large number of capital structure determinants, several of which are linked to short- and long-term debt in various ways.
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Bennacer, Nacéra, and Guy Vidal-Naquet. "A Multi-Level Framework for Validation of Ontology-Driven and Community-Based Web Services Composition." International Journal of Systems and Service-Oriented Engineering 3, no. 1 (January 2012): 58–72. http://dx.doi.org/10.4018/jssoe.2012010104.
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This paper proposes an Ontology-driven and Community-based Web Services (OCWS) framework which aims at automating discovery, composition and execution of web services. The purpose is to validate and to execute a user’s request built from the composition of a set of OCWS descriptions and a set of user constraints. The defined framework separates clearly the OCWS external descriptions from internal realistic implementations of e-services. It identifies three levels: the knowledge level, the community level and e-services level and uses different participant agents deployed in a distributed architecture. First, the reasoner agent uses a description logic extended for actions in order to reason about: (i) consistency of the pre-conditions and post-conditions of OCWS descriptions and the user constraints with ontologies semantics, (ii) consistency of the workflow matching assertions and the execution dependency graph. Then the execution plan model is generated automatically to be run by the composer agents using the dynamic execution plan algorithm (DEPA), according to the workflow matching and the established execution order. The community composer agents invoke the appropriate e-services and ensure that the non functional constraints are satisfied. DEPA algorithm works dynamically without a priori information about e-services states and has interesting properties such as taking into account the non-determinism of e-services and reducing the search space.
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Adiputra, Ricky Fajar, and Christine S. T. Kansil. "TANGGUNG JAWAB PELAKSANAAN PENAGIHAN PIUTANG MILIK X CREDIT COMPANIES OLEH LEMBAGA JASA PENAGIHAN." Jurnal Hukum Adigama 2, no. 2 (December 27, 2019): 142. http://dx.doi.org/10.24912/adigama.v2i2.6525.
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Financing Company is a business entity that carries out credit activities for goods or services for the productive and consumer interests. The problems encountered in this study are the constraints of the Financing Company when carrying out executions with fiduciary certificates, still having difficulty in collecting receivables from consumers. The next problem is responsibility for carrying out the work by the debt collector when carrying out fiduciary executions. This research is normative juridical, by approaching the case and the applicable laws and regulations. If Consumer in carrying out the obligation does not make payment, the Financing Company will execute the vehicle based on the Fiduciary Certificate, by first giving a warning to Consumer to immediately carry out its obligations, which is done because execution of the fiduciary guarantee is permissible by law based on Article 29 of Law No. 42 of 1999 concerning Fiduciary Guarantees. While in the case of cooperation between Financing Company and the Company that houses the Debt Collector, it is permissible based on Otoritas Jasa Keuangan Regulation Nb. 35 / POJK.05 / 2018. Regarding the legal responsibility itself is in the Financing Company. So it can be said that the execution of fiduciary guarantees by fiduciary recipients is permissible, and the finance company is responsible for the execution of executions, including those carried out by the Debt Collector. Therefore it is necessary to make procedures in accordance with the regulations so that the execution can be carried out properly and the Financing Company avoid legal responsibilities.
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Akifah, Kifah. "EXECUTION OF FIDUCIARY GUARANTEE ON THE MOTOR VEHICLE FINANCING AGREEMENT." Indonesia Private Law Review 3, no. 2 (December 14, 2022): 119–28. http://dx.doi.org/10.25041/iplr.v3i2.2783.
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Guarantee fiduciary this is basically for make it easy Public in get help credit, howeve iin implementation still arise various problem. Among them is in Thing execution guarantee fiduciary, where is the action arbitrary moment billing still bloom happen. Problem execution guarantee fiduciary return Becomes attention public post decision Court Constitution Number 2/PUU-XIX/2021 on August 31, 2021. There is an assumption that Decision Court Constitution the give convenience to company financing for execute guarantee fiduciary. Destination study this is (1) for analyze execution guarantee fiduciary in agreement financing vehicle motorized post Decision Court Constitution Number 2/PUU-XIX/2021, and (2) for analyze enforcement law to violations committed by debt collectors ( debt collectors ). Study this use method study law normative, with approach law. Fiduciary guarantee is basically conseptualized in order to deliver acess for public to gain credit. However in its implementation, it still arises various problem. Ome of the problem is its execuition. This problem become public attention after the decision made trough court contitutionale Number 21 PUU-X/X/X/2021 on August 2021. There is an assumtion that the decision of constitutional court to company financing for fiduciary guarantee. The purpose of this study is: first analyzing execution in fiduciary guarantee in agreement financing motorized vericle after the constitutional court decision Number 21 PUU-X/X/X/2021 was made. Second, this study also interded to analyze law enforcement to violations commited by debt collectors. This study use normative legal method consisting of legal approach.
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Asuan, Asuan. "PERLINDUNGAN HUKUM LELANG EKSEKUSI HAK TANGGUNGAN." Solusi 19, no. 2 (May 1, 2021): 272–89. http://dx.doi.org/10.36546/solusi.v19i2.365.
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Parate Executie or direct execution, namely the execution of mortgage rights which is carried out by selling the object of the mortgage right by the holder of the first mortgage on his own power through a public auction and taking the payment of the debt from the sale proceeds. Protection of mortgage auction has actually been carried out in a preventive manner by the State Wealth and Auction Service Office (KPKNL) because prior to the auction, KPKNL notifies the auction participants regarding the documents, conditions and conditions of the object to be auctioned in truth and as it is as well as the consequences and risks that may arise from the auction object. Regarding repressive protection, namely efforts to obtain legal protection through judicial bodies and obstacles to implementation, there is no agreement on the price of the object being auctioned.
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Bidabad, Bijan, and Mahmoud Allahyarifard. "Interbank Withdrawal Protocol (IWP): A Complementary System of Rastin Banking." International Journal of Islamic Business & Management 3, no. 1 (May 22, 2019): 30–34. http://dx.doi.org/10.46281/ijibm.v3i1.259.
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Purpose: This paper aims to define a new protocol, whereby brings the required preparations for the bank to collect its claim or its customer’s claim through withdrawal from the debtor’s account in other banks and financial institutions that have signed the protocol.
Design: According to this protocol and under central bank supervision, the bank (as owner or attorney of the third party) as claimer of check, promissory note, bill, or a debt initiated by customer's commitment based on collaterals or guarantees, withdraws the claim from the debtor’s accounts in other banks and financial institutions that are members of the protocol through Automatic Clearing House (ACH).
Findings: Despite taking collaterals, guarantees, and binding of contracts, executive debt collection process through the legal proceedings is a major challenge that banks, financial institutions, and persons are facing. The legal and execution process of debt collection through collaterals and guarantees are complicated, lengthy, and costly. Interbank Withdrawal Protocol (IWP) solves the problem by proposing a protocol to be accepted by banks to permit withdrawal of the account of the debtor in other banks.
Practical implications: It is seen much that a person owes a lot to a person or bank, but s/he deposits her/his money at her/his accounts in other banks. The Interbank Withdrawal Protocol (IWP) is an agreement between banks which permits the bank to collect the debt through online-withdraw from the accounts of the debtor at other banks after depleting the account of the debtor at the agent bank.
Social implications: This protocol increases reliance and security upon commitments and provides fast settlement and debt collection without time-consuming judicial process. It also reduces judicial proceedings and execution of active files in courts and consequently related costs.
Originality/value: Complementary systems in Rastin Banking have been designed to solve the prevailing problems of banking and financial activities. IWP was designed to provide necessary arrangements for fast, clean debt collection and encashing check and collecting the bill.
JEL: L86, L87, G21, G24
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Della, Agnis Nova. "Executorial Power on Certificate of Liability Based on Credit Agreement." Sultan Agung Notary Law Review 3, no. 3 (August 12, 2021): 727. http://dx.doi.org/10.30659/sanlar.3.3.727-740.
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The Mortgage Certificate has executorial power in the credit agreement at Bank Mandiri of Semarang City and to identify and examine obstacles in the execution and solutions. This theoretical framework is using the theory of Progressive Theory, Theory of Law Enforcement, Theory of Islamic Justice. The research method was used to obtain data in this study, using an empirical juridical approach, with descriptive analysis research specifications. The results of this study are: (1) The executive power possessed by the Mortgage Certificate is the same as the court's decision which has permanent legal force, this is because the Mortgage Certificate has included an title which reads " For Justice Based On The Almighty God" (2) Obstacles and solutions found in the execution process of mortgage rights at Bank Mandiri of Semarang City include resistance from the executed parties through civil lawsuits, through reporting to the police, through debt acknowledgment deeds, and time mobilization to defend the object of the auction /object of mortgage. (3) The position of the Debtor and Creditor in the Execution of SHT in the credit agreement at the Semarang City of Bank Mandiri, in the Civil Code Article 1320 requires 4 conditions in the agreement.
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Kaplina, Halyna, and Daria Lieonova. "PROTECTION OF THE INTEREST OF THE DEBTORS IN THE PROCESS OF MAKING NOTARIUS EXECUTIVE NOTES." Law Journal of Donbass 77, no. 4 (2021): 69–74. http://dx.doi.org/10.32366/2523-4269-2021-77-4-69-74.
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In the article, on the basis of the analysis of doctrinal sources and materials of the judicial practice, are considered issues of protection of debtors’ interests in notarial legal relations in relation to executing inscription execution. The analysis of law enforcement practice shows that the lion's share of executed writs of execution is recognized as not subject to execution in court, and one of the main factors is ignoring the position of the debtor in the process of making a writ of execution. The unilateral process of making a writ of execution, based on documents and information submitted only by the debt collector, without taking into account the position of the debtor, forces the debtor to further apply to the court to protect their interests. Therefore, issues of protection of the debtor's interests need to be resolved as soon as possible in order to prevent the violation of the rights of the parties. The article argues that the formalism of the process and disregard for the interests and position of the debtor in the execution of the writ of execution, becomes the basis for the universal recognition of the writ of execution as unenforceable. This significantly affects the effectiveness of extrajudicial protection of civil rights by notaries, forcing debtors to go to court to protect their interests. Based on the study, the authors proposed to ensure the balance of interests of the parties to the obligation in the process of making a writ of execution, by introducing the obligation of a notary to send a written notice to the debtor of the claimant to make a writ of execution. According to the authors, establishing the obligation of a notary to send a written notice to the debtor of the claimant's application for a writ of execution will promote a more responsible attitude of both debt collectors and notaries to this method of protection of civil rights.
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Shen, Aiyuan. "AN EMPIRICAL STUDY ON THE MOTIVATION OF CHOOSING FAIR VALUE MEASUREMENT MODEL IN INVESTMENT PROPERTY." EUrASEANs: journal on global socio-economic dynamics, no. 1(32) (January 31, 2022): 38–52. http://dx.doi.org/10.35678/2539-5645.1(32).2022.38-52.
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This paper selects all non-ST listed companies in the A-share market with investment properties in the time period from 2015 to 2019 as the initial research sample and employs a binary logistic regression model to empirically examine the specific motivations of companies’ management in choosing the fair value measurement model. Our results show that the level of enterprise fair value measurement has a significant positive impact on the increase in net profit, the improvement in the ability of debt financing, the increase in total assets, the increase in the level of executive compensation and the increase in enterprise value. However, it also enhances the level of enterprise earnings management and leads to an increase in speculations by enterprise executives. In the meantime, the higher the level of fair value measurement of investment properties, the greater the fluctuations in profit, total assets and debt financing. This indicates that the adoption of the fair value measurement model for investment properties will increase the instability of profit, total assets and debt financing of enterprises. The majority of enterprises currently adopt the fair value measurement model in relation to the listed investment properties for opportunistic motives, as a way of presenting an improved quality of enterprises’ financial disclosure to both outside investors and the market overall, while catering for market developments and external regulation.
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Xia, Xiaodong, and Yongqing Nan. "Pricing Decision and Financing Approach Selection of Fund-Deficient Closed-Loop Supply Chain under Distributor’s Risk Aversion." Mathematical Problems in Engineering 2022 (February 28, 2022): 1–23. http://dx.doi.org/10.1155/2022/3077833.
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The study aims at an issue of the rational financing approach selection on the fund-deficient remanufacturing closed-loop supply chain (CLSC), which is composed of one fund-deficient manufacturer and a risk-adverse distributor. The pricing decision under the cases of manufacturer is with sufficient fund, with limited fund, via debt financing and via equity financing are solved on the CLSC game model. Moreover, the equilibrium solution in different cases is solved using backward induction, analyzing the impact of risk-averse parameters on the equilibrium solution in different cases and obtaining the critical conditions for the manufacturer to execute the optimal financing approach. The conclusion shows that the wholesale price and the retailing price of the new product in debt financing are both greater, while the retailing prices of the remanufacturing product are equal in the two financing approaches. Only when the manufacturer's self-owned fund is constrained and the executable dividend proportion is lower than a critical value, the manufacturer will execute equity financing. However, if the self-owned fund is exceedingly deficient and the executable profit-sharing proportion is adequately large, the manufacturer will prefer debt financing. When executing financing, the consumer surplus declines, while the risk-averse parameter goes up. Debt financing is far eco-friendlier, while equity financing enables both parties and the total revenues of CLSC to attain a multibenefit status in specific circumstances.
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Suyatno, RM Anton. "PERLAWANAN DALAM EKSEKUSI OBYEK JAMINAN HAK TANGGUNGAN BERDASARKAN TITEL EKSEKUTORIAL." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 1. http://dx.doi.org/10.25216/jhp.3.1.2014.1-10.
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Loan resolution through the execution of a security interest by title guarantee executorial implemented by involving the courts. The process of settlement is done by banks as creditors without filing a lawsuit first. Banking immediately submit the petition to the Chairman of the local District Court. In the petition Execution Mortgage, the petitioner (creditors) must attach the documents as a condition of submission of application execution. The execution of the object Mortgage guarantee in practice often fought on the basis of unclear legal status object ownership guarantees, or the amount of debt that is uncertain (fix). In some cases it was found that the resolution of bad loans through the execution of the object of the guarantee Encumbrance by title executorial obstacles and takes a long time. In Decision No. 383/Pdt.G/2008/PN.Jkt.Bar. found that it takes approximately four (4) years (October 1, 2007 to 10 November 2011) for the creditor to execute a guarantee Encumbrance. This fact is certainly not in line with the objectives of UUHT, one of which states that the execution Encumbrance implemented easily and surely. Keyword: Resistance, Execution, Encumbrance
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Rekowarno, Rekowarno. "Execution of Recognition of Grosse Documents Made Payable Notary." Jurnal Daulat Hukum 1, no. 3 (September 11, 2018): 811. http://dx.doi.org/10.30659/jdh.v1i3.3405.
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This study, entitled: Implementation of Execution of Deed of Acknowledgment of Debt Groose Created Notary, the problems of this study are 1) How is the execution of the Deed of Acknowledgment of Debt Groose made Notary? 2) What are the barriers and solutions in the execution of the Deed of Acknowledgment of Debt Groose made Notary? The method used in this research using normative juridical approach, which includes research principles of law, the legal systematics, synchronization of law, legal history and comparative law. The results using this method Sociological Juridical conclude that: 1) Execution of a debt recognition grosse deed as authentic deeds in the lending agreement, can only be carried out under the leadership of Chairman of the Court (court fiat) local. Not that grosse deed of acknowledgment of debt which includes the phrase, "As Justice Based on God" the legal force equivalent Court decision that has binding can be carried out executions without trial fiat (parate execution). Precisely because equated with court decisions that have permanent legal force, the implementation of the execution must be at the behest and under the leadership of Chairman of the Court, 2)Barriers execution grosse deed of acknowledgment of debt arose because of noncompliance with formal requirements, the form must be as specified by the Act and the terms of material, which is the amount of debt must be certain or uncertain, the deed must be an acknowledgment of debt unilaterally from the debtor, and not to be confounded with the grosse deed mortgages. These problems can result grosse deed recognition execution request Debt can not be accepted by the President of the Court State and cause grosse deed of recognition The debt does not have the power executorial,Keywords: Execution Groose, Deed of Acknowledgment of Debt, Notary.
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WILLIAMS, K., N. DOOLEY, E. ULVESTAD, B. BECHER, and J. P. ANTEL. "IL-10 PRODUCTION BY ADULT HUMAN DERIVED MICROGLIAL CELLS**This is one of eight original papers on the subject “microglia”. Dr Peter Gebicke-Haerter (Dept. Psychiatry, University of Frieburg, Germany) acted as organiser and executive editor in the refereeing of these articles." Neurochemistry International 29, no. 1 (July 1996): 55–64. http://dx.doi.org/10.1016/0197-0186(95)00138-7.
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COLTON, CAROL A., and OLGA N. CHERNYSHEV. "INHIBITION OF MICROGLIAL SUPEROXIDE ANION PRODUCTION BY ISOPROTERENOL AND DEXAMETHASONE**This is one of eight original papers on the subject “microglia”. Dr Peter Gebicke-Haerter (Dept. Psychiatry, University of Freiburg, Germany) acted as organiser and executive editor in the refereeing of these articles." Neurochemistry International 29, no. 1 (July 1996): 43–53. http://dx.doi.org/10.1016/0197-0186(95)00139-5.
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Al'azhary, Albasita Syafna, Suherman Suherman, and Agung Dharmawan Buchdadi. "Determinants of Executive Compensation." Jambura Science of Management 4, no. 1 (January 12, 2022): 1–9. http://dx.doi.org/10.37479/jsm.v4i1.11201.
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The object of this research focuses on executive compensation, which is a form of appreciation for the agent’s contribution as the party responsible for the company performance and the improvement of the walfare of the principals. The aims of this study is to determine the effect of profitability and leverage on executive compensation in non financial companies listed in Indonesia Stock Exchange for the period 2017 – 2019. Population of this study is non financial companies listed in Indonesia Stock Exchange for the period 2017 – 2019 with a sample by non financial listed in Kompas100 index to represent the existing population. Independent variables used in this study are profitability which is measured by return on assets (ROA) and leverage which is measured by debt to equity ratio (DER). Dependent variable used in this study is executive compensation which is measured by total remuneration of president director. This study also used control variables such as executive age, executive gender and executive tenure. The sampling method of this study is a purposive sampling. The research model used is panel data with fixed effect model approach. The findings have shown that profitability has a negative significant effect on executive compensation. It is also noted that the lower level of the company’s debt, the larger the amount of executive compensation. These findings shed the light on research on agency theory that compensation on performance is not valid in Indonesia.
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Mishra, Suchismita, Bakhtear Talukdar, and Arun Upadhyay. "CFO appointment and debt-equity choice." Managerial Finance 46, no. 2 (May 17, 2019): 179–96. http://dx.doi.org/10.1108/mf-10-2018-0484.
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Purpose There is some evidence that firms appoint internal candidates to exploit their unique firm specific knowledge and that the type of appointments may have signaling value to the market. However, these studies are limited to chief executive officer appointments whereas other top executives could also play an important role in corporate decision making. The purpose of this paper is to focus on the chief financial officer (CFO) appointments and firm’s debt-equity choice. Design/methodology/approach The authors employ a multiple regression framework. To control for potential endogeneity, the authors use an instrumental variable approach with both two-stage least squares and generalized method of moments estimators. Findings The authors find that firms with internal CFO hires issue more equity than firms that hire from the external labor market. The authors also find that internal CFOs significantly reduce information asymmetry (IA), which may lower market risk and the cost of financing through equity issues. Furthermore, consistent with the value maximizing role of reduced IA the authors find that this effect is concentrated in value firms. In firms with higher IA this preference for equity by the internal CFO may be weaker as even internal CFOs will prefer debt financing for its disciplining role and to reduce IA. A subsample analysis with growth firms shows this diminishing impact on the financing choice of an internal CFO. Originality/value This study provides important information about the influence the CFO has on a firm’s capital structure decisions.
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Yu, Peiyi, Jessica Hong Yang, and Nada Kakabadse. "Developing “best practices” for bankers’ pay in line with Basel III." Risk Governance and Control: Financial Markets and Institutions 1, no. 3 (2011): 7–16. http://dx.doi.org/10.22495/rgcv1i3art1.
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This paper proposes hybrid capital securities as a significant part of senior bank executive incentive compensation in light of Basel III, a new global regulatory standard on bank capital adequacy and liquidity agreed by the members of the Basel Committee on Banking Supervision. The committee developed Basel III in a response to the deficiencies in financial regulation brought about by the global financial crisis. Basel III strengthens bank capital requirements and introduces new regulatory requirements on bank liquidity and bank leverage. The hybrid bank capital securities we propose for bank executives’ compensation are preferred shares and subordinated debt that the June 2004 Basel II regulatory framework recognised as other admissible forms of capital. The past two decades have witnessed dramatic increase in performance-related pay in the banking industry. Stakeholders such as shareholders, debtholders and regulators criticise traditional cash and equity-based compensation for encouraging bank executives’ excessive risk taking and short-termism, which has resulted in the failure of risk management in high profile banks during the global financial crisis. Paying compensation in the form of hybrid bank capital securities may align the interests of executives with those of stakeholders and help banks regain their reputation for prudence after years of aggressive risk-taking. Additionally, banks are desperately seeking to raise capital in order to bolster balance sheets damaged by the ongoing credit crisis. Tapping their own senior employees with large incentive compensation packages may be a viable additional source of capital that is politically acceptable in times of large-scale bailouts of the financial sector and economically wise as it aligns the interests of the executives with the need for a stable financial system.
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Brits, Reghard. "Execution against Residential Immovable Property in terms of High Court Rule 46A." Stellenbosch Law Review 32, no. 1 (2021): 47–70. http://dx.doi.org/10.47348/slr/v32/i1a3.
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This article provides an overview of and commentary on High Court Rule 46A, which deals with the procedural rules for executing a judgment debt against residential immovable property. Rule 46A focusses on two main aspects: determining if it is justified to sell the debtor’s home in execution and, if a sale is ordered, setting a reserve price at which the property is to be auctioned. Therefore, this article analyses the provisions of rule 46A that pertain to these two components, which also serve as two layers of protection for a debtor facing the loss of his or her home.
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Kusano, Masaki. "Fair value accounting and procyclicality: accounting for securitization." Corporate Ownership and Control 11, no. 1 (2013): 535–47. http://dx.doi.org/10.22495/cocv11i1c6art1.
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The purpose of this study is to examine whether fair value accounting promotes procyclicality by focusing on securitization transactions before the financial crisis. This study demonstrates the relationship between securitization accounting and procyclicality using a parsimonious model. The findings are as follows. Sale accounting increases the capital ratio compared with that before a securitization transaction. Banks’ executives have incentives to increase both assets and debt within the limits of their target capital ratio (leverage ratio) for executive compensation and market reputation; assets (lending) will be increased. When banks conduct securitization transactions and adopt sale accounting to enhance short-term profits, the capital ratio increases under the certain condition. Thus, banks will increase assets (lending) within the limit of their target capital ratio (leverage ratio). As banks increase and expand their lending during economic booms, the economic booms are accelerated. It is expected that both sale accounting and fair value accounting promote procyclicality during economic booms.
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Odhiambo, Albert, Naomi Koske, and Patrick Limo. "Debt-Equity Ratio, CEO Power and Financial Performance of Listed Companies at the Nairobi Securities Exchange, Kenya." European Journal of Business and Management Research 7, no. 2 (April 28, 2022): 330–38. http://dx.doi.org/10.24018/ejbmr.2022.7.2.1391.
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Firm financial performance is essential for corporate survival and prosperity. Financial leverage may be used to enhance corporate financial performance, but it can also occasion financial distress and bankruptcy if not carefully managed. At the Nairobi Securities Exchange, a number of firms face poor financial performance, financial distress, and weak corporate governance, commonly associated with excessive leverage and bankruptcy. Recent corporate finance research shows increasing importance of variables, omitted in prior corporate finance studies, with more practical significance to practicing managers such as debt slack and corporate governance. The purpose of this study was to determine the moderating effect of Chief Executive Officer Power on the relationship between financial leverage and financial performance of listed companies at the Nairobi Securities Exchange. The specific objective was to determine the conditional effect of Chief Executive Officer Power on the relationship between Debt-Equity ratio and firm financial performance. The study was grounded on dynamic trade-off, pecking order, agency, and upper echelon theories. Positivist research paradigm with a descriptive research design using a linear regression model on Panel data obtained from a survey of 38 listed companies at Nairobi Securities Exchange over the period 2010 to 2019 was used. The data was mined from financial statements filed at the Nairobi Securities Exchange. Controlling for Firm size, Sales growth and operational efficiency, the study found Chief Executive Officer Power to significantly moderate the relationship between Debt/Equity ratio and Return on Equity (∆R2 = +0.1314;ꞵ = 0.1019455, p=0.000), with scope for lower levels enhancing Return on Equity while higher levels dampening. The study recommended a low Chief Executive Officer Power configuration mandate. The study contributes to theory development by establishing executive power contingency to theories relating financial leverage to firm financial performance; to knowledge by developing a tool for measurement of Executive power; and to policy by providing empirical evidence for regulation of executive power. The study scope was limited to structural and shared ownership sources of Chief Executive Officer Power and recommends further research incorporating personal sources of power.
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Fatih Fauzan Zulfa Robbi and Rizal Rustam. "EKSEKUSI JAMINAN BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Juris 6, no. 2 (December 12, 2022): 265–71. http://dx.doi.org/10.56301/juris.v6i2.589.
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The background of this research is that the imposition of a postponement of debt payment obligations makes it easier for debtors to continue paying their debts and there are also legal consequences of delaying debt payment obligations. The purpose of this study is to understand the implementation of suspension of debt payment obligations and the legal consequences of confiscation status and execution of guarantees based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Payment of Debt Obligations. This study uses a normative method by analyzing problems with laws and related literature. The conclusion of this study is that the imposition of postponement of debt payment obligations only applies to concurrent creditors. The legal consequences of delaying debt payment obligations for confiscation status and execution of collateral have been regulated in Article 246 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment that the suspension of confiscation and execution of collateral applies during the process of delaying debt payment obligations so that the status of confiscation and execution of guarantees during the postponement of debt payment obligations to be postponed.
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Buchheit, Lee C., and G. Mitu Gulati. "Sovereign debt restructuring and US executive power." Capital Markets Law Journal 14, no. 1 (November 17, 2018): 114–30. http://dx.doi.org/10.1093/cmlj/kmy030.
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Kabir, Rezaul, Hao Li, and Yulia V. Veld-Merkoulova. "Executive compensation and the cost of debt." Journal of Banking & Finance 37, no. 8 (August 2013): 2893–907. http://dx.doi.org/10.1016/j.jbankfin.2013.04.020.
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Joyce, Leslie W. "Accelerating executive transitions at The Home Depot." Global Business and Organizational Excellence 27, no. 5 (July 2008): 33–40. http://dx.doi.org/10.1002/joe.20220.
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GEBICKE-HAERTER, PETER J., FLORIAN CHRISTOFFEL, JENS TIMMER, HINNAK NORTHOFF, MATHIAS BERGER, and DIETRICH VAN CALKER. "BOTH ADENOSINE A1- AND A2-RECEPTORS ARE REQUIRED TO STIMULATE MICROGLIAL PROLIFERATION**This is one of eight original papers on the subject “microglia”. Dr Peter Gebicke-Haerter (Dept. Psychiatry, University of Freiburg, Germany) acted as organiser and executive editor in the refereeing of these articles." Neurochemistry International 29, no. 1 (July 1996): 37–42. http://dx.doi.org/10.1016/0197-0186(95)00137-9.
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BUTTINI, M., S. LIMONTA, and H. W. G. M. BODDEKE. "PERIPHERAL ADMINISTRATION OF LIPOPOLYSACCHARIDE INDUCES ACTIVATION OF MICROGLIAL CELLS IN RAT BRAIN**This is one of eight original manuscripts on the subject “microglia”. Dr Peter Gebicke-Haerter (Dept. Psychiatry, University of Freiburg, Germany) acted as organiser and executive editor in the refereeing of these articles." Neurochemistry International 29, no. 1 (July 1996): 25–35. http://dx.doi.org/10.1016/0197-0186(95)00141-7.
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Yuristian, Angga. "Hak Kreditor Separatis Dalam Mengeksekusi Jaminan Kebendaan Dari Debitor Pailit yang Berasal Dari PKPU." Jurist-Diction 5, no. 6 (November 30, 2022): 2051–68. http://dx.doi.org/10.20473/jd.v5i6.40066.
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AbstractBankruptcy and Suspension of Debt Payment Obligations can occur to a company due to the inability to pay debts. PT. Baggai Jaya expedition in this study had debts that were past due and could be collected, so one of its creditors filed a PKPU legal action to obtain certainty regarding the payment of its receivables. The failure to achieve peace in the PKPU resulted in the debtor being automatically declared bankrupt by the Commercial Court. In this case, the separatist creditor cannot carry out the execution of the debtor's guarantee and must wait for the process of managing and settling the debtor's bankrupt assets. Based on this description, the author is interested in studying the authority of separatist creditors in executing guarantees in the event of bankruptcy originating from PKPU. The author uses a normative juridical research method and the results show that separatist creditors should have the right to carry out automatic executions if the debtor does not pay his debts past the time limit given in accordance with the agreement. So that the authority to execute separatist creditors means that it appears automatically when insolvency occurs, namely when the debtor is declared bankrupt. Keywords: Authority; Separatist Creditors; Bankruptcy; Suspension of Debt Payment Obligations; Execution. AbstrakPailit dan Penundaan Kewajiban Pembayaran Utang dapat terjadi kepada suatu perusahaan akibat ketidakmampuan untuk membayar utang. PT. Ekspedisi Baggai Jaya pada penelitian ini memiliki utang yang telah jatuh tempo dan dapat ditagih, sehingga salah satu kreditornya mengajukan upaya hukum PKPU untuk mendapatkan kepastian mengenai pembayaran piutangnya. Tidak tercapainya perdamaian pada PKPU mengakibatkan debitor secara otomatis dinyatakan pailit oleh Pengadilan Niaga. Pada kasus ini, kreditor separatis tidak dapat melaksanakan eksekusi atas jaminan debitor dan harus menunggu proses pengurusan dan pemberesan harta pailit debitor. Berdasarkan uraian tersebut penulis tertarik untuk mengkaji mengenai kewenangan kreditor separatis dalam melakukan eksekusi jaminan saat terjadi pailit yang berasal dari PKPU. Penulis menggunakan metode penelitian yuridis normatif dan dari hasil penelitian menunjukkan bahwa kreditor separatis seharusnya memiliki hak untuk melakukan eksekusi secara otomatis apabila debitor tidak membayar utangnya melewati batas waktu yang diberikan sesuai dengan perjanjian. Sehingga wewenang untuk melakukan eksekusi kreditor separatis berarti muncul secara otomatis saat terjadi insolvensi yaitu saat debitor dinyatakan pailit.Kata Kunci: Kewenangan; Kreditor Separatis; Pailit; Penundaan Kewajiban Pembayaran Utang; Eksekusi.
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de Villemor-Amaral, Anna Elisa. "Executive Performance on the Rorschach Comprehensive System." Rorschachiana 28, no. 1 (January 2006): 119–33. http://dx.doi.org/10.1027/1192-5604.28.1.119.
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The Rorschach request for candidates for positions in the upper corporate hierarchy – the so-called executive positions – has become a usual practice since the 1960s when the most classic and complete work about executive evaluation with the Rorschach appeared. The most commonly cited traits for successful executives are: ambition and intense desire to achieve; ability to make decisions; assertiveness; practicality; ability to work efficiently in frustrating conditions; ability and desire to include others in solving problems; ability to question his/her own positions and decisions in an objective fashion; ability to express hostility with tact; ability to set realistic targets; have varied tastes; “ability to work most of the time at a dizzying pace and sometimes with the reflection and calm of a Buddhist monk” (p. 4); interest in others; ability to deal with concrete and abstract problems; ability to be cautious or bold depending on circumstances; ability to take positions; initiative; predictive capacity; security; emotional stability; honesty; integrity; dedication; objectivity and cooperation. The study involved 20 Rorschach protocols of executives, all of them employed but in competition for positions in the direction of international or multinational companies, which were assessed as part of the selection process. The results do not match the profile expected. The high frequencies of Zd < –3 given by 10 executives (50%) show a hasty attitude for analyzing facts and a tendency to draw rash and careless conclusions, which increases the risk of error in making a decision. Furthermore, 7 subjects (35%) showed a high p, which reveals a tendency to a more passive attitude, expecting that others will solve the problem, and acting according to the desires of others, which can indicate feeling uncomfortable as leaders and avoiding responsibilities. In addition, 50% of the group presented Fd responses, and in four of them (20%) the food responses were accompanied by a < p, and two of them also showed an association with T > 1, a triad indicating dependency. Concerning the AdjD, 55% of our sample presented a negative score – meaning lack of resources for coping in stress situations and little ability to confront new problems. There is a high incidence of DEPI. The presence of DEPI greater than or equal to 5 in 50% of the group is surprising in executives and directors. The CDI is also positive in 50% of the subjects, which means difficulties coping with complex social situations. The lack of relational skills can create adaptation problems, make people more vulnerable to stress, and is a precursor to secondary depression. In the group, six individuals presented values of S > 3, five showed S = 3, and none of them showed S only in the first three cards. These data reflect oppositionist tendencies and aggressiveness that is manifested in making decisions and in negativist and obstinate ways of relating to others, or the manner of seeing the world, understanding situations, and confronting the environment with feelings of rage. With the exception of the high number of responses, which denote high productivity, most of the indicators we found would not allow the prediction of professional success, especially as concerns characteristics of depression, relational deficit, and passive dependency. The fact that many among the executives examined presented rather good curriculum vitae and were, thus, sent for the assessment, is interesting.
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Ong, Danny. "Analisa Perancangan Dan Penggunaan Sistem Penjualan Pada Pt. Tirta Varia Inti Pratama." Respati 17, no. 1 (March 10, 2022): 01. http://dx.doi.org/10.35842/jtir.v17i1.435.
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INTISARIPT. Tirta Varia Intipratama adalah salah satu perusahaan swasta yang bergerak di bidang penjualan sangat penting untuk cepat dan tanggap dalam memperoleh informasi penjualan demi memantau keadaan penjualan dengan penyajian informasi penjualan yang sesuai dengan kebutuhan pihak eksekutif.Maka dengan adanya Sistem Informasi Eksekutif (EIS) Penjualan ini, pihak eksekutif dapat melihat informasi penjualan dengah mudah dimanapun dan kapanpun melalui akses internet. Untuk merancang Sistem Informasi Eksekutif (EIS) Penjualan di PT. Tirta Varia Intipratama yang menghasilkan informasi penjualan yang mudah dipahami pihak eksekutif dengan penyajian informasi penjualan melalui grafik dan tabel, dengan hal tersebut maka sangat memudahkan pihak eksekutif dalam memperoleh informasi penjualan secara lebih ringkas dan tepat sesuai kebutuhan sehingga mempermudah proses analisa dan pengambilan keputusan dibidang penjualan oleh pihak eksekutif. Sistem informasi eksekutif merupakan salah satu sistem informasi yang sangat diperlukan untuk perusahaan karena sangat membantu pihak eksekutif untuk menganalisis dan memberikan informasi dalam bentuk ringkas dan menampilkan data sesuai kebutuhan.Hal ini dilengkapi pada PT. Tirta Varia Intipratama yang dirasa perlu adanya Sistem Informasi Eksekutif (EIS) khususnya bidang penjualan karena PT. Tirta Varia Intipratama yang merupakan salah satu perusahaan distributor air minum dalam kemasan (AMDK) yaitu merk AQUA, MIZONE dan VIT.Yang memiliki 12 depo yang tersebar pada daerah Jakarta dan Tangerang sangat penting untuk cepat dan tanggap dalam memperoleh informasi penjualan demi memantau keadaan penjualan dengan penyajian informasi penjualan yang sesuai dengan kebutuhan pihak eksekutif Sales Development Manager, Sales Manager, Channel Manager, Branch Manager dan Sales Supervisor yaitu berfungsi sebagai bahan pertimbangan untuk menganalisis serta memberikan gambaran mengenai apa yang akan menjadi strategi penjualan kedepannya demi tercapainya sebuah target penjualan pada perusahaan.Metodologi penelitian yang digunakan yaitu Value Chain sehingga dapat diketahui kondisi PT. Tirta Varia Intipratama secara keseluruhan baik dari dalam maupun dari luar dan perancangan yang terstrukur mulai dari sistem yang diusulkan melalui UML (Unified Modeling Language) dan pengujian program yang diusulkan menggunakan Blackbox Testing. Ada pun perancangan aplikasinya menggunakan bahasa pemrograman PHP(PHP Hypertext Preprocessor) dengan Framework CodeIgniter (CI) dan pembuatan database pada MySQL. Hasil dari penelitian ini dapat memudahkan pihak eksekutif dalam menganalisis hasil penjualan dari proses bisnis yang berjalan.Kata kunci—Sistem Informasi Eksekutif, Analisis, Penjualan ABSTRACTPT. Tirta Varia Intipratama as a private company that is engaged in sales.So it is important to be fast and responsive in obtaining sales information in order to monitor the state of sales by presenting sales information according to the needs of the executive. So with the Sales Executive Information System (EIS), the executive can view sales information easily anywhere and anytime via internet access. To design a Sales Executive Information System (EIS) at PT. Tirta Varia Intipratama which produces sales information that is easily understood by executives by presenting sales information through charts and tables, with this it greatly facilitates executives in obtaining sales information more concisely and precisely as needed so as to facilitate the analysis and decision making process in the sales sector the executive. The executive information system is one of the information systems that is indispensable for the company, because it really helps executives to analyze and provide information in a concise form and display data as needed. Likewise at PT. Tirta Varia Intipratama felt the need for an Executive Information System (EIS), especially in the sales sector because PT. Tirta Varia Intipratama, which is a distributor of bottled drinking water (AMDK), namely the AQUA, MIZONE and VIT brands. Which has 12 depots spread across Jakarta and Tangerang areas. So it is important to be quick and responsive in obtaining sales information in order to monitor the state of sales by presenting sales information according to the needs of the Sales Development Manager, Sales Manager, Channel Manager, Branch Manager and Sales Supervisor. That is to be used as a material for consideration to analyze and provide an idea of what will be a sales strategy in the future in order to achieve a sales target at the company. The research methodology used is analysis using Value Chain tools so that it can be seen the condition of PT. Tirta Varia Intipratama as a whole both from within and from outside and a structured design starting from the proposed system through UML (Unified Modeling Language) and testing the proposed program using Blackbox Testing. There is also application design using the PHP programming language (PHP Hypertext Preprocessor) with the CodeIgniter Framework (CI) and database creation on MySQL. The results of this study can make it easier for executives to analyze sales results from ongoing business processesKata kunci—Executive Information System, Analyst, Sales
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Butt, Muhammad Arif, Zarafshan Ajmal, Zafar Iqbal Khan, Muhammad Idrees, and Yasir Javed. "An In-Depth Survey of Bypassing Buffer Overflow Mitigation Techniques." Applied Sciences 12, no. 13 (July 1, 2022): 6702. http://dx.doi.org/10.3390/app12136702.
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Buffer Overflow (BOF) has been a ubiquitous security vulnerability for more than three decades, potentially compromising any software application or system. This vulnerability occurs primarily when someone attempts to write more bytes of data (shellcode) than a buffer can handle. To date, this primitive attack has been used to attack many different software systems, resulting in numerous buffer overflows. The most common type of buffer overflow is the stack overflow vulnerability, through which an adversary can gain admin privileges remotely, which can then be used to execute shellcode. Numerous mitigation techniques have been developed and deployed to reduce the likelihood of BOF attacks, but attackers still manage to bypass these techniques. A variety of mitigation techniques have been proposed and implemented on the hardware, operating system, and compiler levels. These techniques include No-EXecute (NX) and Address Space Layout Randomization (ASLR). The NX bit prevents the execution of malicious code by making various portions of the address space of a process inoperable. The ASLR algorithm randomly assigns addresses to various parts of the logical address space of a process as it is loaded in memory for execution. Position Independent Executable (PIE) and ASLR provide more robust protection by randomly generating binary segments. Read-only relocation (RELRO) protects the Global Offset Table (GOT) from overwriting attacks. StackGuard protects the stack by placing the canary before the return address in order to prevent stack smashing attacks. Despite all the mitigation techniques in place, hackers continue to be successful in bypassing them, making buffer overflow a persistent vulnerability. The current work aims to describe the stack-based buffer overflow vulnerability and review in detail the mitigation techniques reported in the literature as well as how hackers attempt to bypass them.
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Schrenk, Lawrence P. "Executive compensation: A multi-tasking model." Corporate Board role duties and composition 3, no. 3 (2007): 23–32. http://dx.doi.org/10.22495/cbv3i3art3.
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This study develops a model of a multi-tasking executive whose behavior is motivated by the specific forms of compensation received. This model extends the theory of corporate finance in two significant ways: first, it examines risk-averse executive behavior in a multitasking environment, and, second, it yields a theoretical understanding of why one form of variable compensation provides different incentive than another. As a generalization, we find that option compensation is more effective than stock compensation in inducing the executive to take on investment risk, while the inverse is true for inducing the executive to issue debt or pay dividends.
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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 (October 30, 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 after the decision of the Constitutional Court No. 93/PUU-X/2012. The research methodology used in this article is the research library. This article analyzes the laws related to the mechanism of execution of mortgage rights in sharia banks. Finally, this research found that the execution of mortgage righst in Islamic banks is the authority of the Religious Court. The mechanism for requesting the execution of a mortgage guarantee at a sharia bank is also the same as the mechanism for requesting mortgage rights at a district court.
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PATRIZIO, M., D. RIITANO, T. COSTA, and G. LEVI. "SELECTIVE ENHANCEMENT BY SERUM FACTORS OF CYCLIC AMP ACCUMULATION IN RAT MICROGLIAL CULTURES**This is one of eight original papers on the subject “microglia”. Dr Peter Gebicke-Haerter (Dept. Psychiatry, University of Frieburgh, Germany) acted as organiser and executive editor in the refereeing of these articles." Neurochemistry International 29, no. 1 (July 1996): 89–96. http://dx.doi.org/10.1016/0197-0186(95)00134-4.
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GIULIAN, DANA, MARGARET CORPUZ, BRIAN RICHMOND, ELAINE WENDT, and ELIZABETH R. HALL. "ACTIVATED MICROGLIA ARE THE PRINCIPAL GLIAL SOURCE OF THROMBOXANE IN THE CENTRAL NERVOUS SYSTEM**This is one of eight original papers on the subject “microglia”. Dr Peter Gebicke-Haerter (Dept. Psychiatry, University of Freiburg, Germany) acted as organiser and executive editor in the refereeing of these articles." Neurochemistry International 29, no. 1 (July 1996): 65–76. http://dx.doi.org/10.1016/0197-0186(95)00140-9.
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Abdullah, Junaidi. "JAMINAN FIDUSIA DI INDONESIA (TATA CARA PENDAFTARAN DAN EKSEKUSI)." BISNIS : Jurnal Bisnis dan Manajemen Islam 4, no. 2 (December 9, 2016): 115. http://dx.doi.org/10.21043/bisnis.v4i2.2693.
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Debtor when asking to financing financing institution<br />(creditors) usually use the guarantee in the form of objects that<br />move and things that do not move. When guaranteed in the<br />form of moving objects, then creditors will bind him with<br />fiducia warrant.. Fiducia warrant is the right guarantees for<br />moving objects either exist or not exist and objects do not move<br />especially the building could not be burdened by the yoke rights<br />referred to in Law Number 4 of 1996 on the Rights of the yoke<br />that remain in the mastery of a Warner fiducia warrant, as<br />collateral for certain debt repayment, which provide the<br />preferred position to the recipient fiducia warrant against other<br />creditors. (Article 1 of Act No. 42 The year 1999 about fiducia<br />warrant). Fiducia warrant must be made by deed autentik and<br />must be registered in the registration office fiducia warrant and<br />want to warranty certificate fiducia warrant. But sometimes the<br />debtor does not perform its obligations to the debtor, so that the<br />debtor has the right to execute the things that have been<br />pledged fiducia warrant. But sometimes the implementation of<br />the execution get resistance from the debtor, because the<br />creditors with using services debt collector take force objects<br />fiducia warrant without doing the negotiations even tear in the<br />streets. For that the police can provide security services<br />execution of parties willing to execute the object fiducia<br />warrant.
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Choi, Seung-Whan, and Shali Luo. "The politics of the executive, legislative veto players and foreign debt." International Trade, Politics and Development 3, no. 2 (July 15, 2019): 82–99. http://dx.doi.org/10.1108/itpd-05-2019-0003.
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Purpose The purpose of this paper is to examine a curvilinear effect of legislative constraints on foreign debt. Design/methodology/approach A cross-sectional, time-series data analysis of 68 developing countries during the period from 1981 to 1999 was performed. Findings Foreign borrowing is most likely to increase at both low and high levels of legislative constraints, while it is most likely to decrease at moderate levels. Originality/value The paper is a first-cut empirical analysis of a curvilinear relationship between legislative constraints and foreign debt.
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Syukriah, H. G., Yaswirman Yaswirman, Firman Hasan, Kurniawarman Kurniawarman, and Taufiqurrahman Taufiqurrahman. "Debt Guarantee Settlement Patterns in Minangkabau." International Journal of Criminology and Sociology 10 (December 31, 2020): 313–19. http://dx.doi.org/10.6000/1929-4409.2021.10.38.
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Debt collateral is often unacceptable to the execution of debt collateral because there is coercion and leads to court so that many debts are not collected. In Minangkabau customary law, there is no compulsion to pay off debts. This research answers how people make debt-receivables agreements and must be repaid by the debtors in the Minangkabau customary law arrangement in Sungai Dareh village, West Sumatra. This research method is through observation and interviews of local customary leaders. The implementation of the pattern of execution of debt collateral settlement in Minangkabau is motivated by the legal relationship between the creditor and the collateral in the form of land. The creditor only has the right to cultivate or take the proceeds from the land given by the debt recipient until the debt is paid off or redeemed by the debt recipient, so that debt settlement will never transfer ownership rights to the land. In an urgent situation, the creditor can transfer the debt to the new lender, which stops the legal relationship between the first creditor and the debt recipient and creates a new legal relationship between the second creditor and the debt recipient. Creditors' rights remain a priority, and there is no time limit in paying off debts. This debt settlement is very different from debt settlement in positive law in Indonesia. The creditor has the right to sell the land as collateral for the debt if the debt cannot be settled after a certain period, which results in the loss of ownership of the debt recipient over the land that is used as debt collateral. There is a need for positive legal reform in Indonesia regarding the execution of debt guarantees.
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Martam, Nurmin K. "EXECUTIVE IMPLEMENTATION BY DEBT COLLECTOR AGAINST FIDUSIAN OBJECT GUARANTEE." DiH: Jurnal Ilmu Hukum 15, no. 2 (July 11, 2019): 134–42. http://dx.doi.org/10.30996/dih.v15i2.2527.
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Multi - finance institutions in Indonesia are better if the indicator is the number of consumer finance in Indonesia in the last few years. The growth of consumer financing can be seen from all the convenience given by the multi finance. The factor that dominates the forced withdrawal of Fiduciary Guarantee is the existence of problem loans. This problem is al most certainly experienced by any consumer financing institution. The problems discussed in this research are about how the implementation of execution of fiduciary guarantee in the settlement credit toward four wheels (car) The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution, the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No. 130/PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation No 130/PMK. 010/2012