I Dewa Ayu Dwi Mayasari
Falkultas Hukum, Universitas Udayana Denpasar

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Journal : Kerta Dyatmika

PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING) MAYASARI, I DEWA AYU DWI
Kerta Dyatmika Vol 13 No 1 (2016): Kerta Dyatmika
Publisher : Fakultas Hukum Universitas Dwijendra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.996 KB) | DOI: 10.46650/kd.13.1.382.%p

Abstract

ABSTRACT Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the companyâ??s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection.This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws.The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full.The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles. Keywords : Standing, Legal Protection, Client, Company Factor, Factoring.