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All Journal Jurnal IUS (Kajian Hukum dan Keadilan)
Muhammad Sood
Fakutas Hukum, Universitas Mataram
Law, Crime, Criminology & Criminal Justice

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The Implementation of Safeguard In Efforts to Protect Domestic Industrial Products Muhammad Sood; Djumardin Djumardin; Ufran Ufran
Jurnal IUS Kajian Hukum dan Keadilan Vol 9, No 1: April 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i1.833

Abstract

Trade security measures (safeguards) are government policies of importing countries to recover serious losses or prevent the threat of serious losses to domestic industries as a result of a surge in imports of similar goods are directly competitive. The purpose of this study is to analyze safeguard regulation in international trade, and to analyze the implementation of safeguards to protect domestic industries. This research is a normative legal research with a statute approach, a conceptual approach and a comparative approach. The technique of collecting legal materials is conducted by literature study. The analysis of legal materials was carried out in a qualitative descriptive manner. The results show that the safeguard arrangement is intended as a legal basis for the government to take security measures to recover serious losses and / or prevent the threat of serious losses from the domestic industry as a result of a surge in imports of similar goods which are directly competitors to domestic industrial products. The implementation of safeguards by importing countries is carried out by the Trade Safeguard Committee through stages, namely starting from investigation and evidence, determining the existence of a loss or threat of loss, and implementing security measures.
THE ROLE OF BANKING IN PAYMENT OF INTERNATIONAL TRADE CONTRACT Muhammad Sood
Jurnal IUS Kajian Hukum dan Keadilan Vol 6, No 2 (2018)
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (887.704 KB) | DOI: 10.29303/ius.v6i2.552

Abstract

The research aims to find out the regulation of Letter of Credit (L/C) as an instrument of payment in international trade; and to analyze the role of banks inthe implementation of payment services in international trade contracts. This research is a normative legal research with statutory approach, dan conceptual approach. The technique of collecting legal material is done by literature study, analyzing various legal references relevant to the examined issues to be further analyzed qualitatively and descriptively. It conducted by applying in depth and holistic review of the various references, and evaluated the legal materials as regulatory description of the role of banks in international trade contracts. The results of research indiceted that, the L/C regulation as a instrument of payment, regulatedin the International Civil Law (ICL) and in the Uniform Custom and Practice (UCP) provisions. According to ICL, the relations of the parties in trade contract based on the agreed legal option. If there is no legal option, it refers to the principle of the most characteristic performance, refers to the country in which the bank gives credit, or in which country the credit is disbursed. As for itsregulation in UCP 600, that L/C is an agreement requiring a bank to act upon request and instruction from a customer to conduct payment to the beneficiary. Meanwhile the role of banks in the implementation of payment services in international trade contracts is to guarantee payment of goods thatsent by exporters to importers in accordance with agreed price, and to ensure completeness of the shipment documents.
Co-Authors Djumardin Djumardin Ufran, Ufran