Debt Guarantees Research Articles

Fundamental Commitment and Agreement in Bank Credits: Evidence from Indonesia

Legal protection theory is economically and juridically given to weak communities. To protect human rights, the state wants a harmonious relationship between the government and the people based on a proportional functional relationship between state powers where dispute resolution is carried out through deliberation. The paper is aimed at discussing commitments and agreements among banks and bank creditors. The present study employed a descriptive qualitative method. The results show that objects are classified as movable and immovable in which five distinctions can be seen. The first is related to collateral charges including a distinction between movable and immovable objects, between movable and immovable objects that determine the form or type of encumbrance in the form of fiduciary or pledge and collateral in the form of immovable objects, of binding or encumbrance, and of Mortgage Rights. The second refers to leveraging, namely the distinction between movable and immovable objects resulting in differences in the delivery of the object. The third is oriented to movable objects, in which delivery is carried out by handing over the object, whereas for immovable objects the handover is done in exchange of name, for example. The fourth considers the terms of expiry for immovable objects with no expiration, while for movable objects there is an expiration. Finally, it regards the bezit for movable objects in which a bezitter of movable property is the owner of the object, whereas for immovable objects he is not the owner. Keywords: Credit guarantee, law, agreement, special guarantee, debt guarantee

The Legality of Diplomas as Debt Guarantee in Civil Law (Case Study of RY Pawning His Friend's Two Diplomas)

A diploma is a graduation document of a student or student who has completed his or her study program. In this case, a diploma is a service because its value does not lie in its physical form, but in the meaning and function it has, namely proof that a person has successfully completed a certain educational program. However, in several guarantee institutions spread across Indonesia, there are still many who allow diplomas as an object of guarantee. In fact, the guarantee law is a closed law to protect the parties involved and is also a general guideline so that it cannot be arbitrarily modified. The closure of the guarantee law for the parties involved raises the question of whether the diploma as a guarantee means modifying the guarantee law that has been set by the state. Therefore, the author wants to examine the legality of a diploma as collateral for debt in civil law in order to find out whether the diploma already has a basis in civil law as a guarantee and how to process how to settle in case of default by the debtor who gives the diploma to be detained.

Legal Protection for Creative Economic Actors of Intellectual Property as the Debt Guarantee

Legal Protection for Creative Economic Actors of Intellectual Property as the Debt Guarantee

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.

Loan Recovery in Maimana Islamic Investment and Finance Cooperative Microfinance Institution

MIIFC is one of the financial institutions operating in financial sector in Faryab province of Afghanistan. One of the most important problems of financial institutions is the recovery of the loans from the borrowers. The purpose of this study is to find the determinants of loan recovery in MIIFC micro finance institution. The statistical population of this research is the borrowers of MIIFC micro finance institution, the sample size is 300 and the stratified random sampling technique was employed. The study used both descriptive and inferential statistic, the quantitative method has been analysed by descriptive statistic with statistical package SPSS (24) and empirical analysis is conducted by using binary logistic regression model to stablish of all explanatory variables. The results show that from these variables, only economic and political situation, number of loans taken, penalty of delay, gender and debt guarantee have a significant relationship with loan repayment. The marital status, education level, age, monthly expenditure, loan utilization, literacy, income-increasing debt, relative location, type of loan, group loan, amount of repayment, repayment period, interest rate on the loan, number of families, loan utilization training and pre-loan purpose have no relationship with loan recovery.

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.

Ensuring Legal Certainty: The Disbursement of Bank Guarantees

The precautionary principle, commonly associated with lending, extends beyond credit transactions to include other banking services such as bank guarantees. Bank guarantees serve as a form of debt guarantee provided by banks to their customers. This article addresses concerns related to the disbursement of bank guarantees during disputes and emphasizes the importance of customer protection in this context. The method employed is a normative juridical approach, incorporating conceptual, statute, and philosophical considerations. The findings reveal that the application of the Precautionary Principle in the Financial Services Authority Regulation (POJK) Number 18/2016 is evident through the inclusion of "Risk Management" provisions. In line with the Precautionary Principle, banks are advised to postpone disbursement when a legal dispute arises between the beneficiary of the bank guarantee and the customer who applied for it. To prevent controversies arising from bank guarantee disbursements, it is recommended that Bank Indonesia or the Financial Services Authority (OJK) establishes regulations specifically addressing the disbursement process for bank guarantees. This regulatory framework would contribute to the effective implementation of the Precautionary Principle in the context of bank guarantees.

Implementation of Copyright as an Object of Fiduciary Collateral in Indonesia

Objective: The aims of this study is to examine the application of copyright as an object of fiduciary guarantee in Indonesia, considering both the legal certainty aspect and a comparative analysis with other countries. Theoretical Framework: The Fiduciary agreement mechanism is that there will be guaranteed law and mortgage rights when there is an impasse. Based on a huge need, it is necessary to offset with provision clear and complete laws governing institution guarantee. Method: This study is normative legal research that produces prescriptive analytics of the legal issues raised. Study This uses approach laws and approaches producing a conceptual something draft where is Copyright can made as an object guarantee fiduciary. Results: The results of this study indicate that Copyright including in object guarantee fiduciary that has fulfilled all elements and terms for become object guarantee fiduciary, then the Copyright possible for made object debt guarantee form guarantee fiduciary. Conclusions: Application rights created as object guarantee fiduciaries in Indonesia are still hampered because regulation legislation has yet to be comprehensive. To sum it up, the types of objects are fiduciary collateral objects. Copyright, on the one hand, is included in the realm of Intellectual Property Rights (IPR). Similar properties with the right property in general (can be transferred and owned mark the economy).

The Characteristics of Song Copyright in Bank Debt Guarantees

By focusing on the Indonesian context and based on Law Number 28 of 2014 concerning Copyright, this study analyzes the characteristics of copyright to songs as assets that can be pledged as collateral, as well as the impacts and implications of copyright utilization in the financial sector and creative industries. The results of the research show that copyright has the potential to be used as collateral in debt transactions at banks. Factors such as the economic value of the work, exclusive control, legal protection, and regular income allow copyright to be used as collateral. Copyright law regulates the process of guaranteeing, utilizing, and executing copyright as security. The use of copyright as collateral has a positive impact on the financial sector and the creative industry. Diversification of bank portfolios, easier access to finance for creative industry players, as well as increased innovation and creativity are the identified impacts. However, there are also challenges, such as complex copyright value assessments and potential conflicts of interest between rights owners and financial institutions.

EKSEKUSI PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA DI ERA PANDEMI (TELAAH KAJIAN MASLAHAH MURSALAH)

The government has a program for small entrepreneurs in terms of activating the provision of credit to weak economic groups for the welfare of people's lives. Credit granting programs with a Fiduciary system can help credit recipients and credit providers. If the guarantee right can be executed quickly with a simple, efficient process and contains legal certainty, this is one of the parameters of a material debt guarantee. This research method uses the Juridical Empirical method, which is an approach taken to analyze the effectiveness of a regulation/legislation or existing law. In this case the approach is used to analyze qualitatively the implementation of fiduciary guarantees in Indonesia. This study uses primary data, namely data obtained directly from the field through an interview process and secondary data, namely examining various legal materials through library research. The analysis used in this research is qualitative analysis which draws conclusions using deductive analysis. Fiduciary Guarantee Law Number 42 of 1999 regulates the execution of Fiduciary Guarantees in Indonesia where there are various variations of the execution, therefore the parties can choose which execution model they want. However, in practice how to carry out the execution of fiduciary guarantees when there are problem loans, many still do not know, especially the implementation in pawnshops, which in fact have just handled the fiduciary system installment credit program. Which model is used by creditors throughout Indonesia. It is hoped that by knowing the system, model or method of executing fiduciary guarantees in this study, people will know more about the ins and outs, their rights and the consequences when taking credit with fiduciary system installments to creditors.

Akibat Hukum dalam Proses Penyelesaian Roya

This study aims to find out the nature or meaning of arranged royalties and find out the legal consequences in the settlement process of royalties. The negligence of the debtor in committing roya or writing off the mortgage right after paying off the debt at the bank can result in the debtor being harmed. This research method uses normative legal research using a statutory approach. Based on the results of the study, it was found that the nature or meaning of roya is regulated based on Article 18 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land requiring that mortgage rights be carried out at Regency/City Land Offices. The legal consequences in the roya settlement process include causing fines for taking Credit Principal Documents at the time of repayment of debt at the bank if there is a delay, the mortgage guarantee still has the status of being a debt guarantee at the Bank and has not fully become property. The results of the analysis of this study indicate that roya is essentially an important document that has an important role with its main benefit being proof of the mortgage debt of the house or land taken. In accordance with the Mortgage Law regulations, it is explained that with the existence of roya, it proves the existence of a legal certainty that the debt agreement period that has occurred between the creditor and the debtor has expired

Intellectual Property as an Object of Banks Collateral in Startup Development in Indonesia (Comparation Study of Singapore and Malaysia)

Startups heavily rely on capital for their business activities, often acquired through borrowing. Securing capital loans with guarantees is vital to ensure repayment. Intellectual Property Rights (IPR) offer valuable intangible assets that can serve as collateral. However, Indonesia's current regulations on using IPR as collateral, particularly in debt financing, are insufficient. In contrast, Singapore and Malaysia successfully implemented the Intellectual Property Financing Scheme (IPFS). This paper examines a regulatory model for implementing IPFS in Indonesia. It explores how to effectively utilize intellectual property schemes as debt guarantees in Indonesia, Singapore, and Malaysia. The author uses the normative juridical research method for this study. The analysis concludes that IPFS is a viable solution for Indonesia if two key indicators are met. First, a due diligence scheme for intellectual property assets must be developed and optimized to ensure reliable and valuable collateral. Second, implementing a nationally integrated Government Program to optimize startup capital will support the successful adoption of IPFS in Indonesia. By establishing a robust regulatory model and embracing IPFS, Indonesia can harness the potential of its intellectual property assets to boost startup capital and encourage business growth. This will improve financing accessibility for startups and foster an environment conducive to innovation and entrepreneurship in the country.

Pawn Agricultural Land (boroh) as Debt Guarantee in the Legal Perspective of Mu’amalah Fiqh in Sibio-bio village, East Angkola District, South Tapanuli

The practice of boro (pawning agricultural land) has been a long-standing tradition in Si bio-bio village which is detrimental to one of the parties, namely the pawnbroker, but it is still being carried out. Seeing this phenomenon requires an in-depth study of the legal aspects of muamalah fiqh. This article is a qualitative descriptive study to reveal the practice of pawning agricultural land (boroh) in the village of Sibio-bio which is then studied in Sharia law. Data collection techniques using observation techniques, interviews, and document studies. While the data analysis technique uses data triangulation, namely data collection, classification, and verification (drawing conclusions). The results of this study indicate that the pawning of agricultural land (boroh) was carried out by the people of Sibio-bio village due to the lack of a strong desire to save. The money obtained from pawning agricultural land is used for several needs such as building a house, children's education costs, child marriage costs, business capital, and buying vehicles. Regarding the legal status of pawning agricultural land (boroh) in the village of Sibio-bio, the clerics differed on the use of pawned goods (marhun), the Syafi'iyah explained that murtahin could use them, Malikiyah said murtahin could not control them, hanbilah clerics and Hanafiyah allowed it with Rahin's permission. The conclusion of this study is that pawning agricultural land is an act that is permitted, and the use of this land may be controlled by murtahin with permission from Rahin, and of course, it must be stated when the pawn agreement takes place

Solving Problematic Financing Through the Execution of Murabaha Contracts: A Case Study of Agam Madani BMT

<p align="justify">Murabahah is one of the contracts and products at BMT Agam Madani. This product is financing that is in great demand and is liked by the public. Murbahah contracts cannot be avoided when problematic financing occurs which is favored by interested parties from the community indirectly and contains risks. This study aims to describe the use of the execution method to overcome problematic financing in Murabaha contracts. The method used is a qualitative method with a case study approach. The source of data is done by looking at the social situation regarding problematic financing to the point of saturation. Data collection techniques were carried out using in-depth interviews, namely interview guides aimed at customer informants and BMT employees, besides that they also made observations. The results found from the research that the settlement of problematic financing at BMT Agam Madani is classified into two forms, if there is good faith from the customer, then a rescheduling is carried out. If the customer is not good enough, a warning letter will be given up to three times and ends with execution in the form of submitting debt guarantees. This is done because the letter of guarantee signed by the parties is entered into as a deed of acknowledgment of debt which is classified as an authentic deed and execution as an execution of the payment of a sum of money.</p>

Delphi study for evaluating critical success factors (CSFs) for PPP power projects in Ghana

PurposeThis study aims to identify the critical success factors of public private partnership (PPP) power projects in Ghana and further evaluates the most significant critical success factors (CSFs) influencing both the public and private sector participation in PPP power projects.Design/methodology/approachRanking-type Delphi survey in two rounds was conducted to establish a comprehensive list of critical success factors of PPP power projects. Using purposive and snowball sampling techniques, experts were targeted for the Delphi survey. Mean score ranking, Cronbach’s alpha coefficient and Kendall’s concordance were used for analysis.FindingsFrom the list of 37 critical success factors, 9 CSFs were deemed to be extremely significant. The five topmost CSFs were as follows: shared authority, trust and communication between public and private sectors; necessity of power project; debt guarantee to enable private partner to raise funds from the local or international financial markets; appropriate risk allocation and risk sharing; and thorough and realistic assessment of cost, projections and benefits.Originality/valueThe CSFs identified and prioritized in this study have the propensity to trigger policy development towards the PPP power sector in Ghana and developing countries that shares similar context. This is because the study has wide implications for financing, politics, procurement, regulations, legal and capacity building.

Regulation, CDO Exposures, and Debt Guarantees through the Financial Crisis

Regulation, CDO Exposures, and Debt Guarantees through the Financial Crisis

PARATE EKSEKUSI HAK TANGGUNGAN SEBAGAI SARANA UNTUK MENGATASI KREDIT MACET (Tinjauan Yuridis Menurut Hukum Perdata)

This paper aims to describe the execution of mortgage rights as a means of overcoming bad debts in a review of civil law. The focus of this research is how creditors decide on the implementation of mortgage execution in overcoming bad credit? What is the model for implementing parate execution of debt guarantees by debtors? This type of research is library research with an emphasis on information sources derived from legal books, articles, journals and literature that are relevant and aligned with the object of this research. The results of the study show that the execution of mortgage rights is carried out through a public auction mechanism by maximizing the efforts made by creditors in collecting their receivables either persuasively or by giving subpoenas/warnings. The execution model of the Debtor's debt guarantee through the Public Auction mechanism is carried out through the stages, namely verification of the document for the auction request for execution of the Mortgage by the auctioneer, determining the schedule for carrying out the auction. auction parate execution, fourth stage of verification of prospective bidders, fifth stage of auction implementation and determination of winners and sixth stage of making legal products in the form of minutes of auction.

Konsep Jenis Lembaga Jaminan Utang Pada koperasi

In the practice of binding debt guarantees in the Rukun Mekar Savings and Loans Cooperative, there is a conflict between das sollen and das sein, or there is an imbalance between reality/empirical and ideal conditions, namely, regarding the provision of loans with collateral without being encumbered by mortgage or fiduciary rights. The reason for this is that the process of imposing mortgage rights, or fiduciary, is not a simple process, takes a long time and costs a lot of money. Based on these problems, this study aims to find out about the concept of types of debt guarantee institutions in cooperatives, which are different from mortgages, fiduciaries, pledges, mortgages, and warehouse receipts. The research specification is descriptive analytical, with a normative juridical approach, using the main source of secondary data, and the research is carried out in one stage, namely, library research, which is supported by interviews using data collection techniques consisting of library research and interviews, then secondary data and interviews. The results of the interviews inventoried were analyzed qualitatively normatively. This study found the results: the concept of a type of debt guarantee institution in cooperatives, is a concept that offers debt guarantee institutions that apply specifically to cooperatives that are different from mortgage, fiduciary, mortgage, mortgage, and warehouse receipt institutions, the agreement is made in the form of a deed. under a binding hand, the object of the guarantee is all objects, whether movable or immovable, tangible or intangible, whether existing or will be owned by the borrower, which gives a preferred position to the cooperative, the process is simple, fast, low cost, and also has the executive power of slag, namely the object of debt guarantees can be executed by force by the cooperative, if the borrower defaults, without the need for a civil court process, so as to provide legal certainty, justice, and benefit to the parties, especially the cooperatives.

Keabsahan Akad Perbankan Syariah Dengan Pengikatan Jaminan Hak Tanggungan

This research examines the problems of guaranteeing Mortgage Rights in Islamic Financing. This type of research is normative legal research, examined using a statutory approach, conceptually analyzed qualitatively. The results of the analysis carried out conclude that the validity of the Islamic Banking Contract with the Binding of Mortgage Guarantees based on Surah Al-Baqarah verse 283 shows that material guarantees are permitted. Whereas legally stated in the Fatwa of the Indonesian National Sharia Council number 25/DSN/MUI/III/2002 on al-Rahn which provides an explanation regarding the ijma' of the scholars that al-rahn contracts or debt guarantees are broadly permissible. The use of guarantees in Islamic banking contracts prioritizes the application of the ijtihad method but does not intend to override the original law but is based more on the principle of using the istihsan method. The virtue of the istihsan method is to realize the benefit and avoid the dangers. Mortgage has executive power, this power is equated with a court decision or known as the principle of parate execution, this is what makes the istihsan method more often used. When viewed further, the imposition of mortgage rights on Islamic banking contracts basically should not be equated with the imposition of mortgage rights on conventional banking, both should have different principles. If the installation of the Mortgage is to guarantee mudharib trust, then the Mortgage is declared valid. with the consequence that in the event of a default it is not immediately auctioned off, in other words the principle of parate execution is not necessarily carried out. Then the Mortgage if used as a guarantor for the return of capital of the shahibul maal becomes invalid and null and void by law. These two aspets can determine the validity of the sharia banking contract with the binding of the Mortgage guarantee.

Prison Of Poverty For Traditional Fishers

This paper was a research of the traditional fishers’ life and the poverty prison of the Natural Resources in Teluk Belitung Village, Merbau District. The researchers described the current situation of traditional fishers' households and their value orientation towards jobs as fishers with a bargaining position. The mix method was chosen as the approaching model to understand the subject matter with the data analysis phase, including categorizing, compiling labels, and concluding. The monopoly of the fisheries economy by some Chinese entrepreneurs has maintained poverty for traditional fishers who worked for them or not. Debt guarantees were ways to cover up detrimental situations and destroy fishery resources in the research area. The researchers used the Kluckhohn approach to uncover the actual value orientation of fishers in a tight situation. Fishers understood that using dencis threatened the environment, but this method was chosen to maintain their position as fishers with sufficient income. There were other alternative jobs such as gardening. However, when they did it, they required seeds, fertilizers, and other types of equipment. The poor economic conditions made it challenging to do gardening while the guarantee of life for their households was lacking, especially from the local government.