TANGGUNG GUGAT CORRESPONDING BANK L/C DALAM HAL BARANG DINYATAKAN DISCLAIMER

• Main Author: JANET STEPHANI RANTUNG, 030810647M
• Format: Theses and Dissertations NonPeerReviewed
• Language: Indonesian; Indonesian
• Published: 2010
• Subjects: K1066-1089 Banking; K1100-1109 Secured transactions
• Online Access: http://repository.unair.ac.id/38330/1/gdlhub-gdl-s3-2011-rantungjan-14411-th5610-k.pdf; http://repository.unair.ac.id/38330/2/gdlhub-gdl-s3-2011-rantungjan-12096-th5610.pdf; http://repository.unair.ac.id/38330/; http://lib.unair.ac.id
• Institution: Universitas Airlangga

This thesis addresses two legal issues: first, whether or not the corresponding bank is liable in case of making payment for disclaimed goods and second, what are the causes that make Documentary Credit or Letter of Credit (L/C) unpaid. The issues are raised because pursuant to Uniform Customs and Practices for Documentary Credits (UCP) 600, the corresponding bank does not necessarily deal with goods surveillance in making payment for imported goods provided that the draft of L/C is tendered. The UCP is internationally applicable and adopted by commercial banks in financing sale of goods transactions. The type of this research is a legal research. In this research, statute approach and conceptual approach are employed. Statute in this research means Bank Indonesia regulations and circular letters. L/C is not a statute. It is only a guideline that bears ideas for resolving issues of payment by bank in sale of goods transactions. Using L/C as guidance, this research uses a conceptual approach. Two things are found from this research. First, In case of goods disclaimer, there is no provision preventing the corresponding bank from making payment for the tendered L/C. Second, L/C will be unpaid in case of fraud in L/C transaction and bank liquidation.