Creditor Protection Research Articles

Perlindungan Hukum terhadap Kreditur dalam Pelaksanaan Pendaftaran Hak Tanggungan secara Elektronik

This research explains the procedure for implementing electronic mortgage registration and discusses legal protection for creditors in mortgage registration through SKMHT in the event of the principal's death. This normative legal research utilizes a prescriptive approach based on legislation, cases, and conceptual analysis Primary data sources include relevant laws and regulations related to mortgages, supplemented by interviews with Notaries and PPAT, as well as secondary legal materials such as books, legal research papers, and previous studies in the form of journals, theses, and dissertations related to the research. Data collection techniques are carried out through interviews, observations, and literature studies Meanwhile, the analysis technique used by the author is qualitative model. The research results indicate that electronic registration of Mortgage Rights is carried out by interested parties through the website https://mitra.atr.bpn.go.id. However, in practice, there are still shortcomings in electronic Mortgage Rights registration, particularly when it is registered using SKMHT (Power of Attorney to Burden Mortgage Rights), and then the certificate owner passes away, the registration of Mortgage Rights cannot be continued. The solution to this problem is to add an optional refinement formulation in the Electronic Mortgage Rights System that allows for the replacement of the Identity Card Number (NIK) of the grantor with the NIK of the recipient if the Mortgage Rights are registered first with a SKMHT.

Juridical Review of Copyright (Youtube Content) as an Object of Debt Guarantee in Bank According to Positive Law in Indonesia

This research aims to analyze the regulation of copyright on YouTube content as an object of debt collateral at banks, to analyze legal protection for creditors holding fiduciary guarantees on copyright on YouTube content, and to analyze the arrangements for executing fiduciary guarantees in the form of copyright on YouTube content. By using normative legal research methods. The results of this research show firstly, copyright for YouTube content as a collateral object has been regulated in Government Regulation Number 24 of 2022 concerning Implementing Regulations Implementing Regulations for Law Number 24 of 2019 concerning the Creative Economy. Second, the legal protection obtained by creditors as collateral holders is divided into two, namely preventive legal protection in the form of orders for banks to follow the precautionary principle when providing credit to customers, and the object of collateral provided by customers. Then, repressive legal protection in the form of orders for banks as creditors to impose sanctions such as fines, imprisonment and additional penalties given if a dispute has occurred as well as carrying out the execution of copyright on YouTube content. Third, arrangements for the execution of copyright on YouTube content in fiduciary guarantees can be implemented through transfer by written agreement in accordance with the provisions in Article 16 of Law Number 28 of 2014 concerning Copyright. Transfers by written agreement should be written down in the form of a notarial deed, then registered with the Directorate General of Intellectual Property Rights with an administrative fee charged. From the results of utilizing the economic rights inherent in the copyright for YouTube content, the creditor collects the repayment of the receivable. Dispute resolution can be done through litigation and non-litigation.

Bankruptcy according to the bankruptcy law and postponement of payment perspective of creditor legal protection

The development of the business world is strongly influenced by the business world as one of the economic actors, including the banking business. The business world is also very dependent on the conduciveness of the business climate that supports it. If the business climate conditions are not conducive, it will affect the stability of the business world, and can even cause business actors to suffer losses, which results in the capability and credibility of business actors in carrying out their business activities being disrupted, and can even result in bankruptcy. To maintain the smooth running of their business, business actors must obtain guaranteed protection through legal instruments established by the government. Legal protection given to banks as creditors is needed in maintaining business continuity. This legal protection is very important, considering that banking is an economic joint that supports the most vital national economy. Filing for bankruptcy which requires a minimum of 2 (two) creditors for a bankrupt debtor using the Postponement of Debt Payment Obligation mechanism based on the bankruptcy law and PKPU does not provide a guarantee of sufficient legal protection for creditors.

Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

After the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after the Constitutional Court decision Number: 18/PUU-XVII/2019. The research method used in this research is normative juridical, which only focuses on legal materials using a conceptual approach and a statutory approach. The results of this research are Constitutional Court Decision Number: 18/PUU-XVII/2019 which has made the fiduciary law lose its role as the law establishing fiduciary guarantee institutions. Fiduciary guarantee certificate has lost its identity because the executorial power over the object of fiduciary guarantee which is considered to be the same as the district court decision no longer applies if the Debtor does not voluntarily hand over the object which is the object of fiduciary guarantee to the Creditor.

Hak Tanggungan Secara Cross Collateral dalam Penyaluran Kredit

The law must be able to provide adequate protection against variations in the provision of collateral for credit facilities. This variation and legal protection relates, among others, to the existence of cross collateral in credit collateral. The type of research or approach taken is empirical legal research while the nature of the research carried out is categorized as descriptive-analytical research. Required special rules governing cross collateral. This is necessary to provide legal certainty and legal protection for both creditors and debtors in entering into credit agreements, especially if the agreements use cross collateral collateral.

Hak Tanggungan Secara Cross Collateral dalam Penyaluran Kredit

The law must be able to provide adequate protection against variations in the provision of collateral for credit facilities. This variation and legal protection relates, among others, to the existence of cross collateral in credit collateral. The type of research or approach taken is empirical legal research while the nature of the research carried out is categorized as descriptive-analytical research. Required special rules governing cross collateral. This is necessary to provide legal certainty and legal protection for both creditors and debtors in entering into credit agreements, especially if the agreements use cross collateral collateral.

Egzekucja sądowa z kilku nieruchomości dłużnika stanowiących całość gospodarczą

Specific rules, relevant only for enforcement proceedings, are applied in enforcement proceedings, such as the rule of applying enforcement measures that are least onerous for a debtor, while ensuring protection of creditor’s rights (so-called principle of relativity). The compliance with this rule in the practice of enforcement proceedings results in the necessity to look for the maximum efficiency of enforcement by its execution in such a manner, for example, that optimum effects are obtained in enforcement against cash benefits by obtaining funds to repay a creditor and cover costs of proceedings, while keeping factual, legal and financial burdens to the minimum. An example of adhering to the principle of relativity that is aimed at maximising the efficiency of enforcement is the combination of several enforcement proceedings that concern several real properties into single proceedings, in order to optimise effects of enforcement activities undertaken during proceedings pending separately beforehand. Achieving the objectives of combining proceedings is beneficial for the creditor, the bailiff and for the debtor as well. The analysis focuses on the development of the concept of ‘economic whole’ of several real properties as well as on the identification of conditions for admissibility of combining proceedings pending against several real properties developed based on regulations of the Code of Civil Proceedings. The analysis conducted in the article leads to the conclusion that if there is a combination of several proceedings, because real properties being subject to separate enforcement proceedings constitute an economic whole, the whole as well as each real property are to be described and estimated, and next, if this is not contrary to the objective of enforcement understood as the optimization of effectiveness and efficiency of enforcement and if this may lead to better results than the sales of individual real properties separately, the should be sold jointly.

Problematics of Sale and Purchase Binding Agreements Made by a Notary without the Creditor's Consent

Housing and settlements have an important function and role in people's lives, because they reflect and embody human identity, both individually and in an integrated unity and togetherness with the natural environment. People's desire to get a decent home for themselves and their families continues to increase and is proven by people's enthusiasm in using the KPR program. The government's efforts to overcome this problem were delegated to the Ministry of Public Works and Public Housing through the Director General of Public Works and Housing Infrastructure Financing to organize the FLPP program, which is a form of government attention to Low Income Communities. The problem with making a PPJB deed is that the notary often does not understand the position of the parties, so he is still willing to make the PPJB Deed, even though there are losses that will arise in the future. A PPJB Deed and Authorization to Sell Deed were drawn up, even though what was done at a glance looked legal, in substance there was no legal protection for creditors or third parties. Because it is very possible for the debtor to give up or disappear and therefore not want to take responsibility for the process. Therefore, the author will examine whether a binding sale and purchase agreement for the transfer of mortgage rights without creditor approval made by a notary can provide legal certainty.

Creditor protection and credit ratings in the US RMBS market

AbstractMore than a dozen years after the Dodd‐Frank Act was introduced, we investigate whether credit ratings for the US residential mortgage‐backed securities (RMBS) market differ given the different levels of creditor protection across the US states. Our paper provides three results. First, for the period 2017–2020, we provide evidence that there is inconsistency between credit rating agencies (CRAs): only for Dominion Bond Rating Service Morningstar (DBRS) and Moody's, we observe that the credit ratings for securitization tranches differ given different creditor protection levels across states. Second, in states with higher creditor protection, the relatively new CRAs, DBRS and Kroll Bond Rating Agency (KBRA), are more likely to provide more optimistic ratings than CRAs historically present in the rating market (Moody's, S&P, and Fitch). Third, issuers appear to issue larger deals in US states that are more creditor friendly.

Kepastian Hukum dalam Pembuatan Sertipikat Hak Tanggungan Secara Elektronik

The debt guarantee that will be given by the prospective debtor will be associated with a right to guarantee according to the type of guarantee submitted. In Indonesia itself, it has just implemented services through electronic means, services by carrying out a new interaction mechanism between the government and the community and for the benefit of other people who are interested, involving the use of technology and information (especially the internet) aimed at improving quality. in community service. According to the author, the Electronic Mortgage Service does not yet have legal protection for creditors so that the author uses normative legal research methods so that the author can use the basic analysis of the laws and regulations or some other legal document. The author's purpose in this study aims to identify and analyze forms of legal protection for creditors in making Electronic Mortgage certificates.

Keabsahan Pendaftaran Kapal sebagai Objek Jaminan Hipotek

Mortgages with collateral as collateral for ships are one of the credit agreements that support business activities in the current era of globalization and free trade. Ship mortgages can of course also support business activities in Indonesia because it is an archipelagic country which, when distributing goods between one island and another, uses ship transportation facilities. However, in Indonesia there is no separate law that regulates mortgage guarantees, so legal protection for creditors is very lacking because the mortgage regulations in BW are in practice less relevant for the increasingly rapid development of the business world. In particular, legal protection regarding the execution of mortgage guarantees if the debtor defaults is deemed to be very lacking. Therefore, the Notary as an official authorized to make a mortgage deed must truly understand his duties in order to achieve justice and legal protection for the parties contained in the mortgage agreement deed.

Legal Protection of Creditors Against Letters of Undertaking as Additional Agreements

This research aims to learn about the Legal Protection of Creditors Against Letters of Undertaking as Additional Agreements. The research method is normative juridical, using deductive thinking and library data collection. One of them is using the Legal Protection Theory to examine problems in LoUs between debtors and creditors so that debtors commit themselves to fulfilling obligations so that they get their rights by bank rules and applicable laws and regulations in the event of payment failure or default with the conclusion of preventive and repressive measures. This research found that a Letter of Undertaking (LoU) is part of an additional agreement or accessory and an alternative third-party guarantee in the form of a statement of the promissory note to fulfil an obligation made by the Debtor. In this modern and rapidly developing era, LoUs are born as credit guarantees or financing in various fields of construction projects, infrastructure projects, and tender bonds, which are used to facilitate business to help smooth national and international trade transactions.

Legal Protection of Creditors Constitutional Rights as Citizens Due to Debtor Insolvency

Creditor legal protection against debtor bankruptcy is based on bankruptcy law. Circumstances in which the debtor’s assets are insufficient to fulfill his payment obligations. Meanwhile, the definition of bankruptcy is universal confiscation of all liquidation assets, the release of which is attempted by a curator. based on Law Number 37 of the Republic of Indonesia, 2004, will split suspension of payment obligations. The debtor defaults only if the total amount owed exceeds the value of the asset. Bankruptcy-free maturity requirements are required as a bankruptcy condition so that the law does not state bankruptcy status as a bankruptcy condition, providing legal protection and legal basis. The study found that efforts to obtain legal protection for creditors include providing preventive legal protection aimed at preventing violations against creditors in the event of a bankrupt debtor, from payment obligations. Legal protection includes the principles of law, equality, Paribas, structured debt, debt collection, the universal principle, and the principle of legal justice, especially in Indonesian bankruptcy.
 Keywords: legal protection, creditors, insolvency, bankruptcy

Strengthening operational creditor rights and trade credit: Evidence from creditor reforms

Trade creditors are exposed to credit risk when they extend credit to their clients during the sale of goods. The present study exploits a regulatory intervention that enhances the rights of trade creditors in cases of default. By leveraging the implementation of the Insolvency and Bankruptcy Code (IBC) in 2016 as a policy intervention, we employ the difference-in-differences (DID) approach to demonstrate that the strengthening of trade creditor rights leads to a rise in the usage of trade credit to financially vulnerable firms. Additionally, our study indicates that financially vulnerable firms experiencing information asymmetry exhibit a more pronounced increase in trade credit. Overall, the paper shows that strong legal protections for trade creditors are essential to trade credit.

УПРАВЛІННЯ ФІНАНСОВИМИ РЕЗУЛЬТАТАМИ ПІДПРИЄМСТВ

The article discusses the topical issue of managing financial results in the conditions of a market economy. The article analyzes the scientific works of Ukrainian and foreign researchers and specialists on the study of methods and techniques for analyzing financial results; the main complex measures for ensuring and forming the financial results of organizations in Ukraine are defined; a study of the main methods of planning financial results was carried out. The article states that the study of the dynamics of financial results according to the components of accounting will solve a number of problems: evaluate the competitive position of the organization: the growth of profit from sales, which indicates an increase in the competitiveness of the organization and its products; evaluate the organization's asset management strategy: a decrease in profit from sales while increasing operating income may mean a reduction in the main type of activity along with an increase in operations related to the transfer of property for lease or asset sales; give an assessment of the “quality” of economic and legal work in the organization: for example, an increase in unrealized income signals the high quality of claims work or the collection of receivables previously recognized as hopeless. It was determined that a general assessment of the organization's activity is given on the basis of such financial indicators as profit – an absolute indicator and profitability – a relative indicator. It was determined that the concept of “financial leverage effect” is used to assess the effectiveness of the organization's use of loan funds. When borrowing funds, profit before taxation is reduced due to the inclusion of interest for their use in the composition of expenses. The main component dependencies are analyzed, which reflect the increase in the return on equity due to the tax corrector, the differentiation of financial leverage and financial leverage. Approaches to the formation, distribution and analysis of such indicators as profit and profitability have been considered, allowing to manage the activities of the organization in order to maximize financial results. The concept of profit, which needs three goals, has been studied: 1) tax calculation; 2) creditor protection; 3) choosing a reasonable investment policy. It is determined that the return on equity can be increased by using borrowed funds and the factors that affect the return on equity are determined.

Analysis on the new horizontal p ersonality denial system from the perspective of creditor protection

Analysis on the new horizontal p ersonality denial system from the perspective of creditor protection

Does a Market for Credit Protection Increase Employment Risk?

Does a Market for Credit Protection Increase Employment Risk?

Accounts Receivable Reform and Financing Constraints: Evidence from China’s A-Share Market

ABSTRACT The commercial bill, as a regulated commercial credit mode, offers better creditor protection, more financing channels, and stronger bargaining power in financing. This paper creatively constructs bills receivable index in the micro level of enterprises and examines the potential impact of billing of accounts receivable on the financing constraints faced by enterprises. This paper also explores the mechanism that causes the impact and check whether the establishment of the Shanghai Commercial Paper Exchange Corporation (SHCPE) has had positive effects. The results show that billing can alleviate the financing constraints of enterprises due to its benefits offered by the commercial bill. Furthermore, the establishment of the Shanghai Commercial Paper Exchange Corporation (SHCPE) can lead to the development of a standardized and transparent bill market, further alleviating the financing constraints. The study also reveals that billing of accounts receivable affects financing constraints mainly by enhancing the quality of debt-like assets and reducing information asymmetry between enterprises and the outside world. For enterprises with longer maturity structure, the effect of billing on the alleviation of financing constraints is more significant.

Perlindungan Hukum Bagi Penerima Dalam Hal Pemberi Objek Jaminan Fidusia Yang Belum Didaftarkan Tanpa Persetujuan Penerima

In order to improve the economy, someone sometimes needs sufficient capital to start a business, so a credit loan is needed to be able to start it. In implementing the credit agreement, creditors often also want collateral to provide security and a sense of trust. One of the credit guarantees commonly used by the public is fiduciary guarantees. The Fiduciary Guarantee has legal procedures or procedures that must be complied with so that it has binding force and can provide legal protection for the parties. The problems in this research are 1) Legal Protection for Creditors to prevent the transfer of Fiduciary objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 2) Transfer of Fiduciary Guarantee Objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 3) Registration of fiduciary collateral objects to avoid transfer of fiduciary collateral objects. The purpose of this research is to find out how legal protection, transfer of objects and registration of fiduciary guarantees are according to Law Number 42 of 1999 concerning Fiduciary Guarantees. This research method is normative juridical research with descriptive research characteristics, using secondary data collected through literature study. Based on the results of this research, it can be concluded that the transfer of fiduciary collateral objects that have not been registered without the creditor's consent is an action that is not justified by law (invalid). Legal protection for creditors in the event that a debtor transfers a Fiduciary Security object that has not been registered without the creditor's consent may subject the debtor to civil and criminal liability.

Study on Creditor Remedies in Corporate Capital Reduction

This paper aims to study the remedies available to creditors in the context of corporate capital reduction. It explores the risks and challenges faced by creditors during the process of corporate capital reduction and discusses measures to safeguard their rights and interests. Firstly, it introduces the concept and background of corporate capital reduction, analyzing the potential losses that creditors may suffer in this process. Subsequently, it provides a detailed analysis of the legal framework surrounding corporate capital reduction, including legal regulations, procedures, and a comparison of creditor protection mechanisms under different legal systems. In terms of remedies available to creditors, it examines the exercise of recovery rights, applications for preservation orders, as well as the deadlines and requirements of remedial procedures. By conducting practical case studies, it summarizes the practical experience and effective methods for creditors' remedies. Lastly, it offers suggestions for improving creditor protection measures, such as enhancing laws and regulations, strengthening supervision, and promoting information disclosure. This study provides valuable insights for protecting the rights and interests of creditors in corporate capital reduction. It also contributes to the further enhancement of creditor protection mechanisms by relevant institutions and legislators, thereby fostering the rational development of corporate capital reduction.