HUKUM JUAL BELI (KE)PERUSAHAAN

Oleh: Dr. Miftahul Huda, SH, LLM

Disampaikan Dalam Kuliah

HUKUM JUAL BELI (KE)PERUSAHAAN

Program S1 Reguler
Fakultas Hukum - Universitas Indonesia
Semester Genap Tahun Akademik 2014/2015
Jakarta, 04 April 2014

By Miftahul Huda/Huda&Co

UCP 500 ?

UCP 500 ?

By Miftahul Huda/Huda&Co

PENGERTIAN L/C?
ARTICLE 2
Meaning of Credit [UCP 500]
For the purposes of these Articles, the expressions "Documentary
Credit(s)" and Standby Letter(s) of Credit" (hereinafter referred to as
"Credit(s)"), mean any arrangement, however named or described,
whereby a bank (the "Issuing Bank") acting at the request and on the
instructions of a customer (the "Applicant") or on its own behalf,
i.
is to make a payment to or to the order of a third party (the
"Beneficiary"), or is to accept and pay bills of exchange
(Draft(s)) drawn by the Beneficiary, or
ii.
authorizes another bank to effect such payment, or to accept
and pay such bills of exchange (Draft(s)); or
iii. authorizes another bank to negotiate,
against stipulated document(s), provided that the terms and
conditions of the Credit are complied with.

For the purposes of these Articles, branches of a bank in different

countries are considered another bank.
By Miftahul Huda/Huda&Co

CREDITS v. CONTRACTS
ARTICLE 3
Credits v. Contracts

A. Credits, by their nature, are separate transactions from the

sales or other contract(s) on which they may be based and
banks are in no way concerned with or bound by such
contract(s), even if any reference whatsoever to such
contract(s) is included in the Credit. Consequently, the
undertaking of a bank to pay, accept and pay Draft(s) or
negotiate and/or to fulfill any other obligation under the Credit,
is not subject to claims or defenses by the Applicant resulting
from his relationships with the Issuing Bank or the Beneficiary.
B. A Beneficiary can in no case avail himself of the contractual
relationships existing between the banks or between the
Applicant and the Issuing Bank.

By Miftahul Huda/Huda&Co

DOCUMENTS v. GOODS/SERVICES/PERRFORMANCE

ARTICLE 4
Documents v. Goods/Services/Performances

In Credit operations all parties concerned deal with

documents, and not with goods, services and/or
other performances to which the documents may
relate.

By Miftahul Huda/Huda&Co

FORM AND NOTIFICATION OF CREDITS

ARTICLE 6
Revocable v. Irrevocable Credits
A.

A Credit may be either

i. revocable,
or
ii. irrevocable.

B.

The Credit, therefore, should clearly indicate whether it is

revocable or irrevocable.

C.

In the absence of such indication the Credit shall be deemed

to be irrevocable.
By Miftahul Huda/Huda&Co

FORM OF CREDIT CONTND

REVOCABLE v. IRREVOCABLE
(Articles 6-9 of UCP 500)

A Credit may be either (i) revocable, or (ii) irrevocable (Art.6(a))

A revocable credit may be amended or cancelled by the issuing bank at
any moment and without prior notice to the beneficiary (Art 8(a))
An irrevocable credit constitutes a definite undertaking of the issuing
bank, provided that the stipulated documents are presented to the
nominated bank or to the issuing bank and that the terms and conditions of
the credit are complied with:
(i) ....for the sight payment ... to pay at sight;
(ii).....for deferred payment ... to pay on the maturity date; (*)
(iii)....for acceptence ...(a) by the issuing bank to accept draft and pay
them at maturity, or (b) by another drawee bank ... to accept and pay
at maturity draft;
(iv)....for negotiation ... to pay without recourse to drawers and/or bonafide
holders draft(s) ... (Art. 9(a)).
By Miftahul Huda/Huda&Co

IRREVOCABLE CREDIT?

An irrevocable credit constitutes a definite undertaking of the

issuing bank, provided that the stipulated documents are presented
to the nominated bank or to the issuing bank and that the terms and
conditions of the credit are complied with:
(i) ....for the sight payment ... to pay at sight;
(ii) ....for deferred payment ... to pay on the maturity date; (*)
(iii)....for acceptence ...(a) by the issuing bank to accept draft and
pay them at maturity, or (b) by another drawee bank ... to accept
and pay at maturity draft;
(iv)....for negotiation ... to pay without recourse to drawers and/or
bonafide holders draft(s) ... (Art. 9(a)).

Irrevocable confirmed credit (Art. 9(b)) (*)

(*) Ps 5, 8 & 9 SKBDN tidak ada deferred payment.

By Miftahul Huda/Huda&Co

TYPES OF CREDIT
1.

Pelaksanaan Pembayaran Draft/Wesel:

All credits must clearly indicate whether they are available by
sight payment, by deferred payment, by acceptance or by
negotiotion (Art. 10(a)) [Ps. 5, 8, 9 SKBDN]

2.

Referensi2 Jangka Waktu L/C:

(1) Sight L/C
(2) Time/Term/Usance L/C

3.

Draft/Wesel:

Pengertian (Ps 100 KUHD)

(Cara) Pengalihannya (Ps 102 KUHD)
Waktu Pembayaran (Ps 132 KUHD)
Hak Regres = Ps 142 KUHD
By Miftahul Huda/Huda&Co

TYPES OF CREDIT CONTD

JENIS L/C

Kriteria = Aspek Hukum & Aspek Ekonomi = (cara

merealisasi, terikat tidaknya bank dengan beneficiery,
ada tidaknya penguatan, dapat tidaknya dialihkan,
jumlah transaksi)

UMUM

Revocable v. Irrevocable [Ps 3(4) SKBDN]

Irrv. Confirmed v. Irrv. Unconfirmed

KHUSUS
:
(Variasi/Praktek)

Revolving v. Simple Credit

Rev. Cumulative v. Rev. Non-Cumulative
Red Clause/Green Clause (*) v. Packing Credit (*)
Secured Red Clause (**) v. Unsecured Red Clause
Transferable v. Non-Transferable Assignment?
Back 2 Back L/C
Stright v. Negotiable
Restricted v. Open L/C
(*) Anticipatory L/C
(**) Ps. 3(7) SKBDN

By Miftahul Huda/Huda&Co

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UCP 600 ?

UCP 600 ?

By Miftahul Huda/Huda&Co

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L/C?
ARTICLE 2 DEFINITIONS [UCP 600]
Credit" means any arrangement, however named or described, that is
irrevocable and thereby constitutes a definite undertaking of issuing bank to
honour a complying presentation.
Honour means:
a.
to pay at sight if the credit is available by sight payment.
b.
to incur a deferred payment undertaking and pay at maturity if the credit
is available by deferred payment.
c.
to accept a bill of exchange (draft) drawn by the beneficiary and pay at
maturity of the credit is available by acceptance.
Issuing bank means the bank that issues a credit at the request of an
applicant or on its own behalf.
Complying presentation means a presentation that is in accordance with the
terms and conditions of the credit, the applicable provisions of these rules
and international standard banking practice.
Presentation means either the delivery of documents under a credit to the
issuing bank or nominated bank or the documents so delivered.
Nominated bank means the bank with which the credit is available or any
bank in the case of a credit available with any bank.
Beneficiary means the party whose favour a credit issued.

By Miftahul Huda/Huda&Co

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UCP 600 ?
ADA BERAPA JENIS L/C MENURUT
KETENTUAN UCP 600, DAN APA
KRITERIA PENJENISANNYA?

By Miftahul Huda/Huda&Co

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PENUTUP

TERIMA KASIH

By Miftahul Huda/Huda&Co

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