Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Ibrahim, Ince Mochamad Arief; Sitorus, Winner; Rifai, Aulia

doi:10.37276/sjh.v5i1.280

Cited by 2 publications

(1 citation statement)

References 22 publications

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“…Such transactions support broader domestic needs and offer countries economic benefits. Thus, international trade cooperation serves not only as a bridge between nations to enhance economic capacity but also as a means to create global economic stability and prosperity (Ibrahim et al, 2023).…”

Section: Pendahuluanmentioning

confidence: 99%

Legal Consequences of Unlawful Acts against Banks in Letter of Credit Transactions

Manga,

Dianti

2023

sjh

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This study aims to understand and examine the legal consequences of unlawful acts against banks involved in L/C transactions. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Board Member Regulation Number 23/21/PADG/2021 demonstrates Indonesia’s legal adaptation to UCP 600 as the international standard in L/C transactions. UCP 600 emphasizes the principle of independence about the Bank’s role, which is limited to verifying L/C transaction documents. However, there is a risk of L/C Fraud, where the Issuing Bank has the right not to pay the Exporter if there are indications of fraud, by implementing the “Fraud Rule.” The approach to L/C Fraud varies across jurisdictions; in countries with civil law systems, such actions are often considered unlawful acts, while in countries like the United States, they are viewed as criminal acts. Therefore, it is recommended that relevant stakeholders enhance their understanding and compliance with UCP 600. Issuing Banks and Advising Banks need to develop more effective mechanisms for detecting and preventing L/C Fraud, considering the different legal approaches to L/C Fraud in various jurisdictions. Training staff on the nuances of L/C Fraud and how to identify it is also essential. Furthermore, resolving L/C disputes through civil law channels is considered more appropriate, given these transactions’ commercial and contractual nature. Stakeholders should collaborate to strengthen the legal framework and procedures that support the integrity and security of L/C transactions and to align practices with international standards to enhance trust and security in international trade.

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Section: Pendahuluanmentioning

confidence: 99%

Legal Consequences of Unlawful Acts against Banks in Letter of Credit Transactions

Manga,

Dianti

2023

sjh

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The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

Adam,

Purba,

Suprayitno

et al. 2024

sjh

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This research aims to comprehensively examine the juridical implications of fingerprint forgery as a substitute for signatures in authentic deeds and analyze the judicial considerations in handling such cases, using Decision Number 87/Pdt.G/2014/PN.Kpn as a case study. This normative legal research utilizes a statutory approach and a case study approach. Data analysis employs a qualitative content analysis to describe the problem and answer the research objectives. The results show that fingerprint forgery in authentic deeds has multidimensional legal consequences, covering civil, criminal, and administrative law aspects. In civil law, such a deed has the potential to be null and void due to a defect in the element of consensus, which results in the invalidity of the transfer of rights. From a criminal law perspective, this act constitutes the crime of document forgery. Meanwhile, notary publics or land deed officials involved or who are negligent may be subject to administrative sanctions. The analysis of Decision Number 87/Pdt.G/2014/PN.Kpn shows that the judicial considerations were based on the principles of legal certainty, justice, and benefit while emphasizing the importance of due diligence, integrity, and professionalism, especially for Land Deed Officials in carrying out their duties and functions to ensure the validity and authenticity of authentic deeds.

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Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Cited by 2 publications

References 22 publications

Legal Consequences of Unlawful Acts against Banks in Letter of Credit Transactions

Legal Consequences of Unlawful Acts against Banks in Letter of Credit Transactions

The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

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