SALVIANI, NELTY and Syaifuddin, Muhammad (2018) PEMBERIAN CASH COLLATERAL CREDIT DENGAN JAMINAN DEPOSITO MILIK BADAN USAHA MILIK DAERAH (STUDI PADA PT. BANK PEMBANGUNAN DAERAH SUMATERA SELATAN DAN BANGKA BELITUNG). Master thesis, Sriwijaya University.
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Abstract
Banking institutions is at the core of the financial system of any country. Acts as an intermediary trade transactions and payment of money among economists. Banking legislation mentions as a business entity that funds from the public in the form of savings and channel it to the community in the form of credit and/or other forms in order to improve the standard of living of the people a lot. One of the associated banking products namely Cash Collateral Credit (CCC), the whole collateral credit facilities in the form of cash (the cash collateral fully). If you have a term deposit and need fresh funds to increase the capital stock is then not necessary to withdraw deposits, such deposits are menjaminkan enough. However, against the granting of bail deposits belong to CCCOWNED COMPANIES, raises the problem of the legal basis in the form of deposits LOCAL CCC, any warranty other considerations bank gives CCC guarantee deposits- OWNED COMPANIES, and the process of law execution guarantee LOCAL GOVERNMENT deposits in the customer agreement tort CCC. To answer these problems using research methods research kind of juridical normative, approach the Statute approach, philoshopie approach, analitical approach, and historical approach. Using source material primary law, secondary, and tertiary. The collection of research material with identify and inventory, systematization in classification. Processed with structured, deskripif, and systemic and technical landscape in landscape teleologis. Analyzed by means of interpretation (interpretation). Conclusions drawn using deductive logic thinking. Legal basis for LOCAL GOVERNMENT deposits made the assurance of CCC, deposits are laid out in the Banking Act. Asset OWNED COMPANIES set local government legislation, specifically the CCC are set in the internal regulations of the bank with reference to KUHPerdata and KUHD. The granting of the guarantee deposit of LOCAL GOVERNMENT with the consent of the head of the region, in the form of permission or power direct appropriate LOCAL Bylaw or Supercede LOCAL establishments. Other considerations provide CCC with guarantee deposits-OWNED COMPANIES, applying the Fiduciary Relation Principle, Prudential Principle, Secretcy Principle, Know How Customer Principle, and the principle of the 4 p and 5 c. Other considerations by performing risk analysis, risk management (risk management) and analysis of the law, in the form of granting of legal opinions (legal opinion) as a thorough assessment against customer deposits menjaminkan-OWNED COMPANIES. Execution of guarantee of deposits LOCAL, based on internal rules and credit terassesoir agreement with the Treaty of guarantee. So under normal circumstances, the bank can directly perform execution guarantee the inherent nature of the LOCAL deposits pledged to him. Whereas in order to avoid legal conflicts over process execution guarantee deposits-OWNED COMPANIES in the future, the bank could ask a court assignment to perform execution. After getting the assignment, requested aanmaning on clients. In other words, the bank can apply for the approval of the head of the area as the owner and representative of LOCAL GOVERNMENT, to avoid a public conflict.
Item Type: | Thesis (Master) |
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Uncontrolled Keywords: | Bank, Cash Collateral Credit (CCC), Jaminan, Perjanjian, Deposito, BUMD, dan Eksekusi Jaminan |
Subjects: | K Law > K Law (General) > K1000-1395 Commercial law K Law > K Law (General) > K1066-1089 Banking |
Divisions: | 02-Faculty of Law > 74101-Law (S2) |
Depositing User: | Mr Halim Sobri |
Date Deposited: | 10 Oct 2019 02:08 |
Last Modified: | 10 Oct 2019 02:08 |
URI: | http://repository.unsri.ac.id/id/eprint/11331 |
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