Guarantee Institutions Research Articles

Analisis Strategi Pemasaran Dalam Meningkatkan Produk Pada PT Jaminan Pembiayaan Askrindo Syariah KC Medan

PT Askrindo Financing Guarantee is a financing guarantee company and one of the State-Owned Enterprises (BUMN) engaged in Insurance or Sharia Guarantee with the aim of developing the National Economy and playing an active role in the global market, the company is present as a pioneer. This study aims to analyze the marketing strategy undertaken by PT Guarantee Financing Askrindo Syariah KC Medan in improving a product marketing to Islamic Banks (Makful Lahu). The method used is descriptive qualitative method. With the analysis method with interview factors and previous data. This research was conducted so that the company PT Guarantee Financing Askrindo Syariah continues to be more and more consistent as a financing guarantee institution in the marketing strategy of a product. Meanwhile, the problem is at PT Askrindo Syariah Financing Guarantee KC Medan Product marketing such as promotion to Islamic banks (Makful Lahu). This problem is due to the lack of knowledge of Islamic banks regarding the existence of a financing guarantee.
 Keywords: strategy, marketing, product

Legal Perspective: The Role of Infrastructure Guarantee Institution in Infrastructure Project Provision Through Public-Private Partnership Scheme

Infrastructure development is a strategic step for Indonesia to accelerate national development and economic equality. One of the efforts to attract investment is a partnership between the Government and Business Entities in the infrastructure provision. The large source of funding is one of the obstacles in infrastructure development and to overcome the funding gap in infrastructure development, a new financing scheme is used that involved new partners (private, non-profit organization, or the community) to participate in infrastructure financing and project implementation. The involvement of the Business Entity in infrastructure financing is carried out with the Public-Private Partnership (PPP) scheme. One of the Government's contributions to PPP is to provide Government Guarantees through Indonesia Infrastructure Guarantee Fund (IIGF). This study aims to examine the role of IIGF in the Public and how it functions to encourage the acceleration of infrastructure development. This study utilizes a normative juridical research method with a specification of descriptive-analytical. Results indicate that: from a legal perspective, IIGF is an institution that provides a guarantee for losses due to political risks such as changes in regulations, delays or failures of financial close, as well as failures in granting licenses and approvals. As an institution that provides a guarantee, IIGF is a development of a corporate guarantee whose legal basis uses the concept of a Recourse Agreement according to Civil Code but its implementation regulated in separate statutory regulations. IIGF performs a guarantee function and adds value to infrastructure development that has the greatest impact on the benefit of the people of Indonesia; protects the interests of the government in fulfilling infrastructure development through transparent and accountable processes; and increases investor trust by providing investment convenience and payment certainty for claims of risk of loss for a collaborative infrastructure project.

TINJAUAN YURIDIS BUY BACK GUARANTEE SEBAGAI ALTERNATIF TERHADAP PENYELESAIAN DEBITUR BERMASALAH ATAS KREDIT PEMILIKAN RUMAH BERSUBSIDI PADA BANK (STUDI PADA BANK DI SUMATERA UTARA)

One of the risk mitigation instruments which mostly used by banks in providing Subsidized/Sejahtera mortgage facilities is the Guarantee Agreement. The Guarantee Agreement is commonly known as the Buy Back Guarantee Agreement or the Guarantee Agreement to Buy Back. This agreement is not only contained in Cooperation Agreement clause between bank and developer, it is also stated in the form of a deed in the form of a Buy Back Guarantee Agreement or a guarantee deed to buy back the object of the house collateral by guarantor or insurer. Buy Back Guarantee agreement as an alternative for loan guarantees, namely the provision of guarantees and transfer of right to developers to buy back home guarantees from debtors who experience non-performing loan with the condition of the Land Title Certificates not being complete or solving certificates on process, the legal correlation between developer and debtor is still in the form of a Sale Binding Agreement and/or Mortgage Certificate has not yet been issued. However, in practice, the implementation of the Buy Back Guarantee still encounters many obstacles, either form developer, debtor, and bank side.
 The research employs normative juridical method, namely the method which is based on applicable legal norms sourced from secondary data consisting of primary, secondary, and tertiary legal materials. Aside of that, to complete the research, the author collect the data from interview of related sources, such as the Banking/Creditor, the Subsidized Housing Developer, and the Notary/Land Deed Maker (PPAT).
 From the research results it is found that the legal force of the Buy Back Guarantee Agreement as an alternative for non-performing loan settlement in KPR Sejahtera financing does not have executive power as the guarantee deeds that have been regulated and used at guarantee institution. The implementation/execution of the Buy Back Guarantee by the developer in accordance with the agreed agreement must be carried out since the developer receives a notification/request letter from the bank, but in practice, developer almost never carry out buy back on the house collateral directly. The obstacle in implementing the Buy Back Guarantee Agreement in KPR Sejahtera financing are from the developers, debtors, and banks themselves.

Edukasi Kompleksitas dan Permasalahan Perasuransian di Propinsi Nusa Tenggara Timur

The purpose of implementing community service activities (PkM) is to educate on the complexity of insurance, then evaluate and analyze insurance problems. This PkM implementation method uses lecture and discussion techniques, which are generally known as the focus group discussion (FGD) method. Activity partners are determined by purposive sampling technique (deliberately) based on the organizational structure consisting of the insurance assignment area. Based on this, the participants are determined by quota sampling technique, namely, the PkM activity participants are the direct leaders of the organization with the highest rank/position/class, ± 7 Heads or Organizational Directors. In addition, this FGD involved customers from each insurance industry with a quota of ± 1 person. Thus the participants who took part in this PkM activity were ± 21 people. The urgency of implementing this PkM is to educate participants regarding the complexities of insurance and provide new experiences to participants regarding techniques for evaluating and analyzing insurance problems. The final result of this FGD reconstructed a strategy to overcome the complexity and problems of the insurance industry, namely the need to create a Policy Guarantee Institution (LPP).

Model of legal protection for aircraft property guarantee in Indonesia

Airplanes are legal objects of high economic value (high valuable assets) so that airplanes can be used as assets to guarantee the risk of debt agreements. The regulatory provisions related to guarantees for aircraft are based on the provisions of Law Number 15 of 1992 concerning Aviation which stipulates that aircraft can be used as collateral through a mortgage guarantee institution, but in its development, the regulation was replaced by Law Number 1 of 2009 concerning Aviation, which in its latest arrangement eliminates the ability of aircraft to be subject to collateral. This condition creates a legal vacuum because it does not provide alternative settlements and adjustments to aircraft that have been and will become objects of guarantee. So based on these conditions, it is necessary to have a regulatory model that can be used as a reference in the formulation of regulations related to the continuation of aircraft as an object of guarantee. The regulatory model referred to in this paper is in the form of formulating a regulatory pattern that provides a comprehensive overview of the Guarantee Institution, Implementation Mechanism, Guarantee Execution Mechanism, and Guarantee Implementation Authority that adapts to the regulatory system in Indonesia. To describe the regulatory model, the research method used is a normative juridical method based on a statutory and conceptual approach. With the aim of being able to comprehensively present a form of a continuous pattern of arrangements that will form a protection system for creditors by focusing on the Guarantee Institution, the guarantee implementation mechanism, the guarantee execution mechanism, and the Guarantee Implementing Authority for aircraft.

Deposit and Loan Guarantee Institutions and it’s Role in Restoring Confidence in the Iraqi Banking Sector

Pacing from the part of deposits and loans in supporting banking stability, any peril that threatens this part constitutes direct trouble to the banking system. Thus, should develop the mechanisms to cover and guarantee the rights of depositors (deposit guarantee), and mechanisms to cover banks from remitment of bank credit and cover them from ruin and ruin through the establishment of an institution guaranteeing loans, which represents an abecedarian demand to guarantee and stabilize the banking system and restore lost Confidence in the Iraqi banking system. Consequently, the exploration problem surfaced from a set of questions: Do deposit and loan guarantee institutions lead to the banking system's stability? Does this affect the degree of stability of deposits and attract further deposits, especially since deposits within the banking system are (23), while there's a chance (77) of the financial mass outside the banking system? As well as the question, will the bank credit increase after the loan institution guarantees this credit? Therefore, cranking the Deposit Guarantee Law and approving the Loan Guarantee Law will contribute to the anticipated part in restoring Confidence in the Iraqi banking system? It represents the fundamental problem of exploration, primarily since the Deposit Law, despite its blessing, has not been enforced.

The Design of Incentive Mechanism for Policy‐Oriented Guarantee Institutions’ Digital Transformation in China

Currently, China is actively promoting the reform process of the digital economy, and the digital transformation of the credit financing guarantee sector is gradually emerging. As the core driving force for the progress of digital transformation, the optimal design of the incentive mechanism is undoubtedly essential. Based on the principal‐agent relationship between local governments and policy‐oriented guarantee institutions, this study constructs a basic incentive model (model I) and an incentive model introducing a regulatory signal (model II), empirically analyzes the digital transformation effort of guarantee institutions under the influence of different factors and discusses how local governments should design the optimal incentive mechanism. The results show that the digital transformation effort level of guarantee institutions in model II is higher than that in model I, while the incentive intensity of local governments in model II is lower than that in model I. Within the range of guarantee compensation rate less than a specific threshold, the risk perception degree has negative effects on the effort level and incentive intensity of DT. In addition, the regulatory intensity has a constant negative effect on the incentive intensity of the DT, while it has a negative effect on the effort level of the DT only if the guarantee capacity is below a specific threshold. The research results can provide practical guidance for local governments to effectively promote digital transformation activities and improve the competitiveness of credit financing guarantee.

The role of guarantee organisations in crisis management

In this study, we examined the role of guarantee programmes in crisis management and we have also examined their regional effects. We are presenting the guarantee programs of various institutions and their most important parameters. By differentiating the counties of Hungary, we have examined the correlation between loan transactions and guarantee programmes established in each region, and we have also analysed the data with a regression function and as a result we were able to formulate useful statements. The role of guarantee programmes is not negligible, they have a huge impact on the financing situation of micro, small and medium-sized enterprises (SMEs) because without these programmes SMEs would not be able to improve their investments and they would not be able to develop. The development of these enterprises is an essential macroeconomic task because 99.8 per cent of Hungary’s enterprises belong to the group of SMEs. At the end of the study we are dealing with the current and near future role of the guarantee institutions and guarantee programmes and their prospects from the point of view of the SMEs.

The Optimal Investment and Re-Guarantee Purchase of China’s Financing Guarantee Institutions Considering Risk Preference

Financing guarantee institutions achieve capital preservation and appreciation through investment, and diversify business risks by purchasing re-guarantee. In order to study the optimal investment and re-guarantee purchase strategies of financing guarantee institutions, the geometric Brownian motion modulated by Markov chain modulation is selected to describe the price process of risk assets, the Hamilton-Jacobi-Bellman equation is constructed based on the utility maximization criterion, and the solutions of optimal investment and re-guarantee purchase strategies are discussed under the exponential utility function. Ultimately, the influence of relevant parameter on optimal strategies is studied by computational experimental simulation method. The results showed that the risk-free interest rate, risk aversion coefficient and guarantee period have significant effects on the optimal investment and re-guarantee purchase strategies. The market mechanism only affects the trend of the optimal investment strategy, but has no effect on the optimal re-guarantee purchase strategy. However, the increase of the re-guarantee institution’s safety loading and the guarantee recovery rate will significantly reduce the re-guarantee purchase ratio.

The Indonesian Ministry of Finance’s 2021 National Economic Recovery Program Strategy

The government has implemented the national economic recovery program in 2021. The Financial Ministry of Indonesia Republic has announced a press release based on the national economic recovery program. This program is essential because the COVID-19 pandemic has not been ended yet, although the vaccination program has been done. The economic recession still happens. This paper aims to describe the national economic recovery program in 2021. Methodology: a literature review. Literature was derived from Google Scholar and Science Direct. The result showed that the National Economic Recovery Program coordinates and synergy among the Government, Bank Indonesia, Finance Service Authority, Saving Guarantee Institution, and banks. The national economic recovery program protects the consumption and purchasing power of the poor and vulnerable, funding for small and medium enterprises, tax incentives for businesses, the establishment of labour-intensive projects to absorb labour, and credit restructuring.

The urgency to reform the kafāla system in the sake of human rights of Indonesia domestic workers

The Maṣlaḥa of Indonesian Foreign Domestic Workers in Saudi Arabia still become the biggest concern. Even though Saudi Arabia has reformed the Labor Law on the kafāla system, unfortunately, it is excluded from Foreign Domestic Workers. Therefore, it urges legal research to examine the kafāla system in Saudi Arabia from an Islamic and human rights perspective. Then, to provide the strategic plans for the Indonesian government to do. This research uses doctrinal research methods through the literature study and analyzed with the qualitative descriptive method. From the Islamic law perspective, although the kafāla system in Saudi Arabia is derived from the Qur'an and the Sunnah. Kafāla system in Saudi Arabia is regulated on Resolution no. 310. However, in practice, Kafil abuses their strong position (83. QS. Al-Mutaffifin) in treating workers arbitrarily. In other words, there is a deviation from the philosophical values of maqāṣid ash-syarīʿah. From the international law perspective, this practice is against the mandate of the UDHR and ICCPR. Therefore, it is highly recommended that Indonesia push Saudi Arabia to replace individual sponsorship as Kafil for Indonesian Domestic Workers. It is better to establish a special guarantee institution for Domestic Workers from Indonesia in Saudi Arabia integrated with the SPSK System.

The Role of a Notary in Making A Syndicated Loan Authentic Deed

The purpose of this research is to analyze & find out: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) 2). Barriers & solutions in making authentic syndicated credit deeds. The approach method in this research is a sociological juridical approach. The data used are primary & secondary data obtained through interviews & literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Notary in the implementation of the authentic deed of syndicated loan (syndicated loan) includes, among others, making a deed of a syndicated credit agreement requested by the bank, providing guidance to the bank regarding credit documents, making final credit documents, confirm the data to the bank if there are things that are not or are not clear, keep the name of the debtor & the amount of credit requested, & enter it into the register book to be registered with the district court. 2) Obstacles & solutions in Making Authentic Deeds for Syndicated Loans, namely: difficulties in making authentic deeds before a Notary at the same time & place, dual duties & problems with guarantee institutions. The solution that can be done to overcome these obstacles is that the Notary should add HR in his office to help the Notary's tasks, the bank must also add HR, so that there is no double duty. To deal with problems related to guarantee institutions, the Paripassu Security Sharing Agreement (Security Sharing Agreement) emerged.

Some Values and Guarantees in the Ten-Year-Old Hungarian Constitution, With a Look at the Constitutional Arrangements of the Countries Founding the European Integration

In this study, certain values and guarantee institutions of the Hungarian Fundamental Law are analysed in the light of the constitutions of the countries that have established European integration – Germany, France, Italy, and Belgium. Among the value systems, Christian culture and the family have been examined, while the study has also focused on the guarantees important for living conditions, such as strict public finance provisions, rules on emergency powers, and provisions guaranteeing a high level of protection for future generations and the environment. In addition to the analysis of the constitutions, the study makes several references to the jurisprudence of the countries concerned and to the most important aspects of constitutional developments in recent years.

Finance Technology as a Solution to Get Capital for Small Business Today

Financial technology in Indonesia has enormous potential and is easy to manage compared to banks. Financial technology is also easier to use as a source of capital for both stable companies and start-ups. Despite the fact that the great potential can be felt by the public. Other current financial technology companies can integrate funding, financing, and profit distribution systems. In the current era, it is supported by the use of digitalization process technology and using the Financial Technology (FinTech) system so that it is economical and efficient. The benefits of this research are expected to be a solution to capital problems that have been faced by small businesses. In addition, it also encourages the growth and development of entrepreneurship for young people, which can be started by establishing a startup company. This research approach is descriptive qualitative. The data taken is primary data with focus group discussions and interviews as data collection techniques. The research object consists of 30 startups owned by youth in Jakarta. The results of this study can be used as an alternative economical solution to capital problems for small businesses and startup companies. The Financial Technology System is a system that is able to integrate funding, financing, investors, startup companies, Financing Guarantee Institutions, and Banks

Influencing Factors and Multiple Paths of Entrepreneurship in High-Tech Enterprises: A Fuzzy-Set Qualitative Comparative Analysis of Configuration

This paper selects 93 high-tech enterprises listed in 2019 in China’s A-share market and comprehensively integrates six variables on three levels, namely, internal guarantee, internal incentives, and external institutions, through fuzzy-set qualitative comparative analysis (fsQCA). On this basis, a discussion was conducted about the multiple concurrent factors and various paths stimulating entrepreneurship. The results show that (1) a single factor does not necessarily lead to high entrepreneurship; (2) high entrepreneurship could be stimulated by four paths: driving mechanism with salary incentive as the core and market mechanism as the support, driving mechanism with government intervention and market mechanism as synergistic drivers, driving mechanism with equity and control power as dual drivers under external institutions, and driving mechanism with external institutions and internal incentives as joint drivers; (3) market competition plays an indispensable role in stimulating entrepreneurship, while management capability suppresses entrepreneurship; (4) nonhigh entrepreneurship could be generated by five paths, which are asymmetric relative to the configurations of high entrepreneurship.

POSISI DAN KEKUATAN HUKUM SERTIFIKAT JAMINAN FIDUSIA DALAM PRAKTIK PERDAGANGAN PEMBIAYAAN KONSUMEN BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

At present the trading practice of consumer finance companies is one of the existing financing institutions and is recognized by the Government of the Republic of Indonesia through Presidential Decree No. 61 of 1988 dated December 20, 1988 concerning Financing Institutions or better known as the December 1988 Policy Package which was further confirmed by the issuance of the Decree of the Minister of Finance No. 1251 / KMK.013 / 1988 Concerning finance companies, has been transformed into a large trade that is ravaging, living and growing rapidly in the midst of society. Meanwhile, on the other hand, the increasing number of trade transactions through consumer financing companies indirectly creates various kinds of legal problems that accompany it. Therefore, Law Number 42 of 1999 concerning fiduciary security exists as a legal umbrella for the birth of a guarantee institution that protects rights and interests as well as provides legal certainty for parties in consumer financing trade transactions.

Dualism of Credit Insurance and Suretyship Management by General Insurance Companies and Guarantee Institutions

This paper aims to investigate the dualism of the regulation of credit insurance and suretyship. The scope of research is General Insurance Company and Guarantee Institution. Insurance business by general insurance companies in Indonesia is not only limited to business lines as regulated in Law Number 40 of 2014 concerning Insurance, but also carries out Credit Insurance and Suretyship businesses. On the other hand, there are Guarantee Institutions that carry out similar activities based on Law Number 1 of 2016 concerning Guarantees. The results of the study found that the dualism of the administration was detrimental to the Guarantor Institution. The method used is normative juridical with the data obtained in the form of regulations related to general insurance, guarantee institutions and financial services authorities. The conclusion is that the Financial Services Authority as the Non-Banking Business Regulator must be able to guarantee the implementation of Credit Insurance and Suretyship Businesses by General Insurance Companies based on Financial Services Authority Regulation Number 69 of 2016 concerning Business Operations of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies .

THE ROLE OF NOTARIES IN BANKING CREDIT AGREEMENTS: ANALYSIS OF LAWS NO. 10 OF 1998 AND NO. 2 OF 2014

The position of a Notary, as a General Officer who makes an authentic deed is very much needed in banking business activities, one of which is in making a deed of banking credit agreement involving customers and banks, to guarantee the truth of the contents set forth in the banking credit agreement, so that the truth is not publicly disclosed. no doubt. The approach method is normative juridical, namely legal research conducted by reviewing and testing secondary data in the form of positive law. The research specification used is descriptive analytical, that is, systematically describes the facts and problems related to the role of a notary in banking credit agreements in the event that the debtor defaults in relation to Law no. 10 of 1998 jo. Law No. 2 of 2014 concerning changes to the position of a notary. Notaries are very important in helping to create legal certainty and protection for the community. This legal certainty and protection can be seen through the authentic deed made as perfect evidence in court. Whereas the role of a notary in the deed of banking credit agreement made notarial by a notary is very useful for creditors if the debtor defaults on the strength of the evidence. In banking practice, making credit agreements with private deeds can also provide execution guarantees because both notarial and private deeds are always followed by institutions with other guarantee institutions whose deeds are executorial such as APHT.

AKIBAT HUKUM DEBITOR WANPRESTASI TERHADAP PERJANJIAN HAK PATEN SEBAGAI OBJEK JAMINAN FIDUSIA

Economic actors in the framework of developing a business as owner or patent holder can access credit from financial institutions with patents as objects of fiduciary institution. So that patents are based on the law, but were born because they had to be advance in advance between the fiduciary guarantee institution as the creditor and the inventor as the debtor The problem in this study is why patents can be used as fiduciary collateral objects and how the legal consequences for debtors who commit defaults. This research is a normative legal research. In this study, what is examined is the positive legal provisions regarding patent rights, namely Law Number 13 of 2016 concerning Patents and Law Number 42 of 1999 concerning Fiduciary Guarantees. This type of research used is descriptive with a problem approach that will be conducted normatively juridical. Patents can be used as collateral for debt by using fiduciary security institutions because patents are part of intellectual property rights where patents have economic principles that will provide economic benefits to the patent owner. Patents are classified as immovable property. The legal consequences of debtors who commit default will lead to fiduciary guarantee execution activities. Execution of fiduciary collateral is confiscation and sale of objects which are subject to fiduciary collateral. As a result of the sale of this fiduciary object in the form of a patent, the creditors lose their debts to the debtor, which means the debtor's debt has been paid off, then from the debtor's loss of patent rights he previously had such as.

A survival analysis of public guaranteed loans: Does financial intermediary matter?

This paper investigates the risk of failure of loans guaranteed by public credit guarantee schemes. We analyse the determinants of the time to default of approximately 15,000 loans guaranteed by the Italian Central Guarantee Fund between 2007 and 2009. Using the Cox proportional hazards model, we test the role of the financial intermediary that requests the guarantee on a firm’s behalf, while distinguishing between banks and mutual guarantee institutions (MGIs) and controlling for a set of variables that characterise each guaranteed loan. The findings confirm that loans are more likely to default when a bank—rather than an MGI—is involved in the guarantee process. Considering some elements (e.g. age, size and sector) that affect opacity among small- and medium-sized enterprises (SMEs), banks seem to perform better than MGIs in screening and monitoring loans requested by firms in the manufacturing sector.