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Rabu, 30 Oktober 2013

Franchise



Franchise is a method for doing business, which is a method to market your product or service to the community. Furthermore mentioned that franchise can be defined as a system of distribution or marketing of goods and services, where a parent company (franchisor) gives to individuals/companies and other small and medium-scale (franchisee), privileges to execute a certain business system in a manner that is prescribed, for a certain time, in a specific place.
Basic elements of franchise are :
The parties had a franchise called the franchisor's business.
The business carry out its so-called franchisee.
The existence of a business franchise itself

The Government should keep an eye on the existence of this franchise since aims to provide legal protection and legal certainty in order for each party to feel safe and comfortable in the running of the business particularly involved in this franchise business.

A franchise contract usually States that the independent contractor is the franchise and not agents or employees of the franchisor. So the parent company could cancel the franchise, when franchisees in violation of requirements in the agreement. In this regard, in doing business in the community should be more thorough. And in marketing and distributing an item must be done in a way that is lawful.




Munir Fuady, Pengantar Hukum Bisnis, PT. Citra Aditya Bakti, Bandung, 2005,
Ridwan Khairandy, Perjanjian Franchise Sebagai Sarana Alih Teknologi, Pusat Studi Hukum UII Yogyakarta bekerjasama dengan yayasan Klinik Haki Jakarta, 2000,

Name : Nikmatul rokhmah
Nim : 11220003

Selasa, 29 Oktober 2013

Sharia bonds mudharabah



Sharia bonds mudharabah is sharia bonds which is based on calneh mudharabah. Bonds is instrument investment sharia form of securities long-term based on sharia principle issued by a corporation mudharib ( as ) to investors ( as shahib al maal ) with the aim financing of projects company, then its profits distributed periodically to investors prosentase according to the agreed when calneh ( the bases profit-loss sharing ). In this case investors get profit sharing corresponding large as prosentase an agreed, and if get loss it will bear losses would together, not imposes either people.
Islamic bonds have developed enough in the country based on research results in some applications. But the problem is still growing in the community such as the lack of socialization and understanding more about this Islamic bonds still be barriers to its development.
The basic law mudharabah sharia bonds is present in Quran al- maidah paragraph 1: means the people believing fill settlements it. And also present AL-Quran in surah Luqman number 34 that means, and no one who can know with certainty  what would afforded tomorrow.
The purpose of issuance of bonds is as follows:
extending the base source of financing for budget the state
encourages the development of financial markets sharia
Develop alternative investment instrument
optimize the utilization of goods belonging to the country
Funds utilizing society that has not caught by a system of conventional banks

Zainul Arifin, Dasar-Dasar Manajemen Bank Syari’ah, Alvabet, Jakarta, 2003
Huda, Nurul dkk.2008. Investasi pada Pasar Modal Syariah.Jakarta : Kencana


 name : nikmatul rokhmah
nim : 11220003

Senin, 28 Oktober 2013

TRANSFER IN THE WORLD BANK


By Sayidah Rohmah_11220023

Remittances (transfers) is one of the bank's services to the community by agreeing to implement the mandate of the customer to send money, both in rupiah and foreign currency addressed to the other party (companies, organizations, or individuals) in other places both within and outside country. Used in the transfer agreement contract wakalah which is representative of the bank customers to transfer (the transfer) a sum of money or funds entrusted and the bank has an obligation to perform the work in accordance with the wishes of the customer. Upon the services of the bank are entitled to a reward (ujrah / fee) from the customer.
According to Drs. Muhammad Djumhana, how transfer can be done with the proof of the trasfer through:
a.    Mail or post (mail transfer / MT)
b.     Telex / telegram (telegrafic transfer / TT)
c.     How to give sight draft among his office, but can draw down on existing credit balances on bank telegraph correspondence, sight draft, or check
d.    By other electronic means (electronic funds transfer systems) such as ATM, internal proram, SWIFT (society of worldwide interbank fund transfer). Consumer today has a lot to do but it is limited by the parties who have access to the use of ATM, such as customers who have savings accounts at a particular bank
In terms of overseas money transfer bank accepts orders from customers in the overseas to send money abroad. While the transfer of money coming from abroad, the bank received orders from foreign parties to pay a sum of money to certain parties in the country.
In the transfer of money , known as Proof of Sending Money Home Affairs , in accordance with the provisions of Circular Letter of Bank Indonesia . 4/996/UPPB/PbB dated December 13, 1968 , shall contain at least :
a.     The mandate of the bank remittance of the order to the receiving bank / transfer payers
b.    Name , and the banks that provide the mandate ( transfer delivery )
c.     The recipient 's name and bank transfer
d.    The net amount of money that must be sent or pays
e.     Remittance date
f.      Proof of Delivery date expenditures Transfer ( SBPT ) which must be done by bank transfer recipient
g.    Unag delivery sequence number of the sending bank
h.    Signature of authorized official of the bank that issued the Proof of Delivery Transfer ( SBPT )
i.      Provisions that need to be considered :
1.     SBPT form can be used as a sign of redemption form receipts ( receipts ) on page SBPT .
2.     After receiving the signed receipt SBPT acceptable amount of money in cash or deposited in the bank in which the account in question has .
3.      SBPT issued by the clearing banks should be accepted as a direct calculation of clearing ( clearing ) .
4.   About a good cover system ie liquidity arrangements between the branches of the bank in question if the transfer is done anatar branches stipulated by Bank Indonesia.
Parties - the parties involved in:
1.     Customer sender (remitter) is the party who gave the mandate to the bank to send the money.
2.     Successor bank transfer (remitter bank), the bank yanng remittances received orders from customers.
3.     Bank pay or receive transfers (beneficiary bank), the bank is making payments to the beneficiaries.
4.    Customer recipient (beneficiary), the parties who receive remittances.
In transferring the customer should be careful in filling out the address because if it is wrong then the money will go into someone else's account and can be fatal. Therefore, should be careful in the transfer of money to the appropriate destination address. In addition, if you want a bank transfer but the target was problematic for example, do not connect the signal to initiate the transfer then you should not do the transfer at that time. Because it can allow one send money and even burglary.
Customers who do transfer will be charged. The cost is the cost of sending the money. Typically these costs in accordance with the bank that will be addressed to send, if the same bank as the bank would transfer to the bank BRI BRI then not charged. Were charged to the sender's bank to bank are not the same, for example BRI bank would transfer to the bank BNI.

Referensi:
Rachmadi Usmani. Produk dan Akad Perbankan Syariah di Indonesia Implementasi dan Aspek Hukum  (Bandung: PT Citra Aditya Bakti), 2009.