Kerta Dyatmika
Vol 13 No 1 (2016): Kerta Dyatmika

PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING)

MAYASARI, I DEWA AYU DWI (Unknown)



Article Info

Publish Date
06 Feb 2016

Abstract

ABSTRACT Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the companyâ??s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection.This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws.The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full.The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles. Keywords : Standing, Legal Protection, Client, Company Factor, Factoring.

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Journal Info

Abbrev

kertadyatmika

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

KERTA DYATMIKA is a Journal of Legal Studies published by the Faculty of Law of the University of Dwijendra which publishes research results and conceptual ideas in the field of law that are packaged normatively or empirically related to government policy, jurisprudence or actual legal issues in the ...