Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal HUKUM BISNIS
Mustopo, Firman Iswahyudi
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
KEKUATAN HUKUM JAMINAN FIDUSIA ATAS ASSET REPLACEMENT DEBITUR BAGI PERBANKAN Mustopo, Firman Iswahyudi
Jurnal HUKUM BISNIS Vol 8 No 3 (2024): Volume 8 Number 3 2024
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33121/hukumbisnis.v8i3.2849

Abstract

This research discusses the position of fiduciary guarantees for replacement assets, which are replacement assets in the form of receivables in the name of credit agreements between banking institutions. The problem studied is that asset replacement is an intangible object but is allowed to become the object of fiduciary collateral which then has the potential to harm creditors as holders of preferential rights over replacement assets. The formulation of the problem given by the author is the position of banks as recipients of fiduciary guarantees for fiduciary collateral objects in the form of Asset Replacement and what are the preferential rights for banks as recipients of fiduciary guarantees for collateral objects in the form of Asset Replacement. The research method used is normative juridical using a statutory approach and a conceptual approach. The results of this research are that the object of fiduciary collateral is asset replacement, making the creditor who receives the fiduciary lose the pre-emptive right to take repayment of receivables through execution if the fiduciary is in default when it is not followed by a deed of transfer of receivables (cessie) and preferential rights or pre-emptive rights on the sale of the property which becomes The object of asset replacement for banks as creditors remains attached as long as it is bound by a deed of transfer of receivables (cessie) by first carrying out a review and/or research on the value and nature of the receivables as objects of collateral in the form of asset replacement. Key words : banking, fiduciary guarantees, asset replacement
PERLINDUNGAN HUKUM BAGI NEGOTIATING BANK DAN EKSPORTIR ATAS DISKONTO WESEL EKSPOR DENGAN LETTER OF CREDIT Mustopo, Firman Iswahyudi
Jurnal HUKUM BISNIS Vol 9 No 1 (2025): Volume 9 No 1 2025
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research discusses the form of legal protection for negotiating banks as intermediary banks and exporters for discounts on export bills using the Letter of Credit payment method. The problem that arises in this paper is that international trade has the potential for payment uncertainty if the importer and/or issuing bank does not provide collateral worth the L/C so that the beneficiary cannot cash the L/C as well as the changing money order discount policy from the central bank. The research method used in this research is a normative juridical research method. Based on the research results, it can be concluded that the legal strength of the implementation of Government Regulation Number 29 of 2017 concerning Methods of Payment for Goods and Methods of Delivery of Goods in Export and Import Activities regarding Uniform Customs and Practice for Documentary Credits (UCPDC) 600 for Negotiating Banks and Exporters still has many weaknesses and The international community tends to use UCPDC 600 because it is a source of international law originating from custom and binding legal force for issuing banks and importers. If default is limited to the sales contract before the importer requests an L/C to be issued to the issuing bank if this does not include a guarantee worth L /C. The obstacle is that not all import business actors are willing to provide guarantees worth the L/C but also the urgency of needing goods is very high. Key words : eksporter, legal protection, letter of credit
Co-Authors