PERLINDUNGAN HUKUM BAGI NEGOTIATING BANK DAN EKSPORTIR ATAS DISKONTO WESEL EKSPOR DENGAN LETTER OF CREDIT

Abstract

This research discusses the form of legal protection for negotiating banks as intermediary banks and exporters for discounts on export bills using the Letter of Credit payment method. The problem that arises in this paper is that international trade has the potential for payment uncertainty if the importer and/or issuing bank does not provide collateral worth the L/C so that the beneficiary cannot cash the L/C as well as the changing money order discount policy from the central bank. The research method used in this research is a normative juridical research method. Based on the research results, it can be concluded that the legal strength of the implementation of Government Regulation Number 29 of 2017 concerning Methods of Payment for Goods and Methods of Delivery of Goods in Export and Import Activities regarding Uniform Customs and Practice for Documentary Credits (UCPDC) 600 for Negotiating Banks and Exporters still has many weaknesses and The international community tends to use UCPDC 600 because it is a source of international law originating from custom and binding legal force for issuing banks and importers. If default is limited to the sales contract before the importer requests an L/C to be issued to the issuing bank if this does not include a guarantee worth L /C. The obstacle is that not all import business actors are willing to provide guarantees worth the L/C but also the urgency of needing goods is very high.

Key words : eksporter, legal protection, letter of credit