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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.

FRANCHISE PRINCIPLE (FRANCHISEE) IN BUSINESS




By: Sayidah Rohmah_11220023

According to Government Regulation no. 16 of 1997, Article 1, of the procedures for registration of a franchise, franchise (franchisee) is engagement in which one party is given the right to utilize and / or use of intellectual property rights or inventions or characteristic of business of any party to an exchange requirements established by the other party in order to supply and / or sale of goods or services. Franchising is a form of cooperation in the field of trade and services. Therefore, in performing its activities shall be established a franchise agreement.
It aims to protect both parties involved in the agreement as well as the franchisor before the franchisee entered into the particulars required to submit the form the name of the franchisor, intellectual property rights, requirements, assistance and facilities, rights and obligations, termination, cancellation and the extension of the agreement.
Franchise agreement along with the written statement filed in the Department of Trade and Industry by the franchisee at least 30 (thirty) days from the entry into force of the agreement. The enrollment goal for the benefit of business coaching franchise way.
The parties involved in the franchise business (franchisee) the franchisor, a party that has a system or certain ways of doing business, whether an individual or a business entity which entitles the other party to make use of and or use of intellectual property rights or inventions or characteristic of its business. Franchisee, the parties receive from the franchisor or franchisor's business system so that it has the right to carry out business in ways that were developed by the franchisor. Franchise, namely the system and ways the business itself, it is knowledge or specification of the business being sold to franchise franchisor. In a franchise agreement, franchise agreement serves as objects.
Cooperative relationship between franchisor and franchisee is a very critical aspect in the franchise business. Success or failure depends on the synergy of cooperation the two sides. To get to the form of cooperation will require a cooperative relationship in the form of franchisor and franchisee, the total revenue of the vision, mission, and values ​​shared by both franchisors, franchisees and their staff. Mutual trust and respect, rights and obligations, practicing good communication at all levels, are dedicated to the success of long-term, mutual support in good times and bad, each keeping with the standards and operating procedures have been clearly defined Será contribute to the growth through feedback, research, and development and promotion continues.
A business can be franchised if there are at least five conditions, among others:
a. has a unique
b. has proven successful
c. has with the standards
With the rise of franchise business in Indonesia today, the provisions that must be observed and adhered to between the franchisor and franchisee that no one harmed each other. The most important thing in business with a franchise system is the establishment of a close relationship between the franchisor and franchisee in doing business as well as the trust between the franchisor and the franchisee to do business.

Referensi:
Burhanuddin, 2011, Hukum Kontrak Syari’ah (Malang : UIN-MALIKI PRESS).

SHARIA CHARGE CARD




By: Sayidah Rohmah_11220023

Sharia is a charge card using a card payment tool that can be used to make payments on obligations arising from an economic activity, including transactions or separately purchase and cash withdrawal liability payments that cardholders met first by the issuer, and the cardholder is obliged to make payment of obligations the payment of a lump sum at a preset time.
Referring to the fatwa DSN No: 42/DSN-MUI/V/2004, through the issuance of Islamic sharia banking charge card guarantee (kafalah) the fulfillment of certain obligations of the customer receiving the card (pregnant al-bithaqah). As guarantor, Islamic banks provide bailout facilities (through qardh) in order cardholder liability to merchants (suppliers of goods or services). For a user, the prospective card holders are required to have the financial ability to repay its obligations in cash at a specified time.
Contract provisions that can be used are:
a. For cardholder transactions (al-bithaqah pregnant) through merchant (Qabil al-bithaqah         /receiver card), the contract is a contract used ijara wal kafalah
b. For making cash transactions using contract al-ijara wal qardh
The benefits to banks of obtaining the Sharia charge card customer loyalty and profit from the fees charged to card holders. While the customer is earned for providing convenience, security, and comfort in transaction.

Referensi:
Burhanuddin, 2011, Hukum Kontrak Syari’ah (Malang : UIN-MALIKI PRESS).