jual beli perushaaan

8/18/2019 jual beli perushaaan

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By Miftahul Huda/Huda&Co 1

HUKUM JUAL BELI (KE)PERUSAHAAN

Oleh: Dr. Miftahul Huda, SH, LLM

Disampaikan Dalam Kuliah

HUKUM JUAL BELI (KE)PERUSAHAAN

Program S1 Reguler

Fakultas Hukum - Universitas Indonesia

Semester Genap Tahun Akademik 2014/2015

Jakarta, 04 April 2014


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UCP 500 ?

UCP 500 ?



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PENGERTIAN L/C?

ARTICLE 2

Meaning of Credit [UCP 500]

For the purposes of these Articles, the expressions "DocumentaryCredit(s)" and Standby Letter(s) of Credit" (hereinafter referred to as"Credit(s)"), mean any arrangement, however named or described,whereby a bank (the

"Issuing Bank") acting at the request and on the

instructions of a customer (the "Applicant") or on its own behalf,i. is to make a payment to or to the order of a third party (the

"Be

neficiary"), or is to accept and pay bills of exchange(Draft(s)) drawn by

the Beneficiary, or

ii. authorizes another bank to effect such payment, or to acceptand pay such bills of exchange (Draft(s)); or

iii. authorizes another bank to negotiate,

against stipulated document(s), provided that the terms andconditions

of the Credit are complied with.

For the purposes of these Articles, branches of a bank in differentcountries are considered another bank.


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CREDITS v . CONTRACTS

ARTICLE 3Credits v . Contracts

A. Credits, by their nature, are separate transactions from thesales or other contract(s) on which they may be based andbanks are in no way concerned with or bound by such

contract(s), even if any reference whatsoever to suchcontract(s) is included in the Credit. Consequently, theundertaking of a bank to pay, accept and pay Draft(s) ornegotiate and/or to fulfill any other obligation under the Credit,is not subject to claims or defenses by the Applicant resultingfrom his relationships with the Issuing Bank or the Beneficiary.

B. A Beneficiary can in no case avail himself of the contractualrelationships existing between the banks or between theApplicant and the Issuing Bank.


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DOCUMENTS v . GOODS/SERVICES/PERRFORMANCE

ARTICLE 4

Documents v. Goods/Services/Performances

In Credit operations all parties concerned deal with

documents, and not with goods, services and/or

other performances to which the documents may

relate.


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FORM AND NOTIFICATION OF CREDITS

ARTICLE 6Revocable v. Irrevocable Credits

A. A Credit may be either

i. revocable,

or

ii. irrevocable.

B. The Credit, therefore, should clearly indicate whether it is

revocable or irrevocable.

C. In the absence of such indication the Credit shall be deemed

to be irrevocable.


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FORM OF CREDIT – CONTN’D

REVOCABLE v . IRREVOCABLE(Articles 6-9 of UCP 500)

• “A Credit may be either (i) revocable, or (ii) irrevocable” (Art.6(a))

• “A revocable credit may be amended or cancelled by the issuing bank at

any moment and without prior notice to the beneficiary” (Art 8(a))

• “An irrevocable credit constitutes a definite undertaking of the issuingbank, provided that the stipulated documents are presented to the

nominated bank or to the issuing bank and that the terms and conditions of

the credit are complied with:

(i) ....for the sight payment ... to pay at sight;

(ii).....for deferred payment ... to pay on the maturity date; (*)

(iii)....for acceptence ...(a) by the issuing bank – to accept draft and paythem at maturity, or (b) by another drawee bank ... to accept and pay

at maturity draft;

(iv)....for negotiation ... to pay without recourse to drawers and/or bonafide

holders draft(s) ...” (Art. 9(a)).


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IRREVOCABLE CREDIT?

• “An irrevocable credit constitutes a definite undertaking of theissuing bank, provided that the stipulated documents are presented

to the nominated bank or to the issuing bank and that the terms and

conditions of the credit are complied with:

(i) ....for the sight payment ... to pay at sight;

(ii) ....for deferred payment ... to pay on the maturity date; (*)

(iii)....for acceptence ...(a) by the issuing bank – to accept draft and

pay them at maturity, or (b) by another drawee bank ... to accept

and pay at maturity draft;

(iv)....for negotiation ... to pay without recourse to drawers and/or

bonafide holders draft(s) ...” (Art. 9(a)).

• » Irrevocable confirmed credit (Art. 9(b)) (*)

• (*) Ps 5, 8 & 9 SKBDN tidak ada deferred payment.


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TYPES OF CREDIT

1. Pelaksanaan Pembayaran Draft/Wesel:

“All credits must clearly indicate whether they are available by

sight payment, by deferred payment, by acceptance or by

negotiotion” (Art. 10(a)) – [Ps. 5, 8, 9 SKBDN]

2. Referensi2 – ‘Jangka Waktu’ L/C:

(1) Sight L/C

(2) Time/Term/Usance L/C

3. Draft/Wesel: Pengertian (Ps 100 KUHD)(Cara) Pengalihannya (Ps 102 KUHD)

Waktu Pembayaran (Ps 132 KUHD)

Hak Regres = Ps 142 KUHD


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TYPES OF CREDIT – CONT’D

•

JENIS L/C : Kriteria = Aspek Hukum & Aspek Ekonomi = (caramerealisasi, terikat tidaknya bank dengan beneficiery,ada tidaknya penguatan, dapat tidaknya dialihkan,

jumlah transaksi)

UMUM : Revocable v . Irrevocable [Ps 3(4) SKBDN]

Irrv. Confirmed v . Irrv. Unconfirmed

KHUSUS : Revolving v . Simple Credit

(Variasi/Praktek) Rev. Cumulative v . Rev. Non-Cumulative

Red Clause/Green Clause (*) v . Packing Credit (*)

Secured Red Clause (**) v . Unsecured Red Clause

Transferable v . Non-Transferable » Ass ignment ?

Back 2 Back L/C

Stright v . Negotiable

Restricted v . Open L/C

(*) Anticipatory L/C (**) Ps. 3(7) SKBDN


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UCP 600 ?

UCP 600 ?



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L/C?

ARTICLE 2 DEFINITIONS [UCP 600]

“Credit" means any arrangement, however named or described, that isirrevocable and thereby constitutes a definite undertaking of issuing bank tohonour a complying presentation.

“Honour ” means:

a. to pay at sight if the credit is available by sight payment.

b. to incur a deferred payment undertaking and pay at maturity if the creditis available by deferred payment.

c. to accept a bill of exchange (“draft”) drawn by the beneficiary and pay atmaturity of the credit is available by acceptance.

“Issuing bank” means the bank that issues a credit at the request of anapplicant or on its own behalf .

“Complying presentation” means a presentation that is in accordance with theterms and conditions of the credit, the applicable provisions of these rulesand international standard banking practice.

“Presentation” means either the delivery of documents under a credit to theissuing bank or nominated bank or the documents so delivered.

“Nominated bank” means the bank with which the credit is available or anybank in the case of a credit available with any bank.

“Beneficiary” means the party whose favour a credit issued.


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UCP 600 ?

ADA BERAPA JENIS L/C MENURUT

KETENTUAN UCP 600, DAN APA

KRITERIA PENJENISANNYA?



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PENUTUP

“TERIMA KASIH”