PROTECTION PUNISH THE THE PARTIES [of] IN PUBLICATION AND COMMERCE of COMMERCIAL PAPER [IN] INDONESIA

HARIS, Mhd. (2010) PROTECTION PUNISH THE THE PARTIES [of] IN PUBLICATION AND COMMERCE of COMMERCIAL PAPER [IN] INDONESIA. Working Paper. Pasca Sarjana Unand. (Unpublished)

Microsoft Word (PROTECTION PUNISH THE THE PARTIES [of] IN PUBLICATION AND COMMERCE of COMMERCIAL PAPER [IN] INDONESIA) - Supplemental Material Available under License Creative Commons Public Domain Dedication. Download (68Kb)

Abstract

Existence of limitation of Banking sector in [doing/conducting] credit invesment to corporate world in big project defrayal, have caused incidence [of] opinion to look for various alternative of defrayal source, effect [of] this limitation hence pop out the praktik of fund mobilization directly ( disintermediasi). Company will look for [by] xself fund source which cheaper relative and quickly in providing fund which they require and on the other hand out for lenders look for the way of more beneficial fund cultivation, effect [of] second [of] importance which each other this interconnected, hence have pushed incidence [of] publication and commerce of Commercial Paper. Defenisi from Commercial Paper [of] according to Sutalaksana, ( 1997) [is] : " Letter on trust published by company [of] non bank berbadan punish the Indonesia and commercialized [by] [through/ passing] bank or effect company have, short duration [to] ( at longest 270 day) and transacted with [by] a disagio system, [is] and also addressed especially to fulfill all requirement likuiditas short-range ". With reference to publication and commerce of Commercial Paper which [do] not mengunakan asset upon which guarantee, but only likuiditas and also Earning Power of publisher company becoming guarantee of the publication Commercial Paper, hence very needed [by] the existence of rating ( pemeringkat) by institute rating ( neutral pemeringkat). Mengigat of Commerce of Commercial Paper contain the high risk for competitor or all perpetrator of market of Commercial Paper and also in order to protecting importance [of] all party, hence bank which partake to support the activity of market of Commercial Paper semestinya [is] healthy bank. While hitting result which wish the tired researcher from this research [is] 1. What will be execution of publication and commerce of Commercial Paper that happened in Indonesia 2. What will be protection punish for partys in concerned in publication and commerce of Commercial Paper. In data research collected [by] [is] data of primary and sekunder, primary data obtained from result interview with all responder and informan and also all expert and partys felt related/relevant with the accurate items, while as data sekunder [of] various substance of reading and bibliography in the form of document from civil and also from governmental institution, and also learn the case. While to obtain;get the information used [by] a circumstantial interview technique to Publisher Party, Publisher Agent, Payer Agent and also Investor or buyer. Instrument used to collect the data [is] guidance interview and enlist the interview which structure. Mechanism of Commerce of Commercial Paper [done/conducted] [by] [through/ passing] mechanism Dealership [of] where party meaning to publish the Commercial Paper will show a[n dealer to [do/conduct] the location of Commercial Papernya money market. As for phase of execution of publication of Commercial Paper [is] : a. Chosening and showing arranger b. Chosening agent of publisher and payer agent c. Determining election of market and currency type d. [Doing/Conducting] pemeringkatan e. Drawing up document [of] like: imformasi of company memorandum, agreement with the agent of publisher and payer agent, agreement by dealer f. [Doing/Conducting] sale of Commercial Paper. According To Invitor Invite the No. 7 Year 1992 about Banking, that guarantee [is] bank confidence ( kreditur) for debitor ability bring back its loan ( section 8 UU No 7 Year 1992). In publication of Commercial Paper mean the confidence pemodal ( kreditur) for publisher ability to pay [for] the Commercial Papernya at the (time) of falling due. Confidence in ability of publisher of Commercial Paper to pay [for] the the Commercial Papernya, arise from peringkat [done/conducted] by company of pemeringkat effect, despitefully each;every publication [of] Marketable Securities by publisher have of course own the [common/ public] guarantee that is entire/all publisher properties [of] both for there [is] and also to there [is] later on day. This matter as according to Section 1131 Buku Invite the Civil Law, that all debtor materialism, both for moving and also motion less, both for have there [is] and also which will [in] later;then day, becoming responsibility to all civil alliance. Protection forms which can [in] passing to the parties [of] investor among other things: [is] a. Existence of pemeringkatan by institute of pemeringkat effect expected can give the I nformasi [of] [at] investir for risk storey;level faced b. Existence of obligation of publication regulator to publish the information memorandum presenting company circumstance as objective as possible c. Existence of publisher agent guaranting authenticity of warkat Commercial Paper d. There are rule nya which prohibit the bank to act as the publication regulator, publisher agent, payer agent and or pemodal for publication of Commercial Paper from groupnya e. By mengansuransikan [is] Commercial Paper f. [Doing/Conducting] Recourse Rights. Recourse Rights that is: summon, claiming indemnation and also the payment Commercial Paper from publisher or avalist. Rule [of] concerning Commercial Paper published and commercialized [by] [through/ passing] Public Bank in Indonesia at the moment relate [at] what arranged in Commercial Code [of] Section 175 article 1 and 2, Section 229 sentence of i and k and also Section 174 sentence 2-7, and also in Decree of Board of directors of BI No. 28/52/KEP/DIR year 1995 and Handbill of Indonesia Bank No. 28/49/UPG Year 1995. Protection punish for buyer or Investor of Commercial Paper represent the protection which [is] obliged to have to be given [by] goodness [of] [through/ passing] [Code/Law] and also [through/ passing] agreement alliance [of] [among/between] publisher with the publication regulator, agent of payer or investor [by] xself, and also fulfill the downright publication conditions by publisher, because investor represent the party which have receivable [to] without there [is] special guarantee, and very rentan to wanprestasi Comercial paper from payer agent, or company of moment publisher fall due. For the creation of climate of good market Commercial Paper to the fore, hence can be [done/conducted] by and also permanent order and also the existence of supervisor institute from publication and perdaganannya, for the shake of existence of rule of law especially side the investor which must be protected to be assumed weak on course from publisher party.

Actions (login required)

View Item