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Jumat, 25 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.

Kamis, 24 Oktober 2013

constraints in law Enforcement (Tri Ayu Riwayani (11220035) )


Constraints in Law Enforcement
By: Tri Ayu Riwayani , HBS A, 11220035

As we have seen, law enforcement in Indonesia cannot be said to be maximal. It can be seen from the number of legal cases that have not been resolved, both about the performance of the Supreme Court of the Republic of Indonesia, the poor performance of the Attorney General of the Republic of Indonesia, the behavior of lawyers, government incapacity to read people's aspirations in drafting legislation, and others.[1] This phenomenon is certainly not as expected Indonesia. By society therefore, there needs to be efforts of the relevant parties so that law enforcement could be implemented. However, in practice, it is not always run smoothly, or in other words is often faced with certain obstacles. The seriousness of the rule of law, among others, the situation is characterized by the implementation of the law and law enforcement efforts are having a lot of problems, such as:[2] the image of law enforcement decreased, slow police in solving crimes involving the tie, the legal culture of the people of Indonesia are still far from the discipline and obedience to the law, the judge's decision was fair, performance and enforcement of orthodox and oppressive. Law enforcement functions as protection of human interests, the law has a purpose. Has a legal target to be achieved. Some theories about the purpose of the law,[3] three is ethical theory, the theory of utilities, and the theory of mixtures. According to the authors, a good theory is a theory because it focuses on the mix of order , peace , serve the purpose of the state to dispense justice and order .



[1] Achmd Ali, Keterpurukan Hukum di Indonesia, (Bogor: Ghalia Indonesia), hal. 30-31.
[2]Ilham Bisri, Sistem Hukum Indonesia, (Jakarta: PT. Grafindo Persada, 2004), hal. 130.
[3] Sudikno Mertokusumo, Mengenl Hukum, Sang Pengantar, (Yogyakarta: Penerbit Univ. Atma Jaya Yogyakarta, 2010), hal. 98.