CONTOH MAKALAH BAHASA INGGRIS

BAD CHEQUE CASE, JUMP CONTRACTOR IS ADJUDGED 3 MONTHS 

INTRODUCTION

Praise Allah SWT author who has given his grace and guidance so that this paper can be completed.

Not forgetting the authors would like to thank Mr. Supervisor who has given the author material, and thank you to colleagues who have given participation to the author in this paper work.

This paper stubs "Oichida Fraud Suspects Will Be Blank Cheque", in which an entrepreneur discusses the Makassar threatened status will be transferred from a witness who became an actor in the alleged abuse of the securities.

Authors aware of the shortcomings in the writing of this paper. If there are errors in the writing of this paper please given feedback that are built, and will certainly become a reference in the manufacture of the next paper.

Yours respectfully

Makassar, 25 November 2016

Author

I. CHAPTER

FOREWORD

1.1      BACKGROUND

Bad cheque becomes to make an issue latterly. Are not because may and not allow, but most more because this legislation change one heretofore is still continually continued.

Purpose crosses a cheque as one of transkasi's paying media was known since epoch before world war goes to II.. Indonesian that time as state of main trade aim see cheque as one medium of exchange which easiest being utilized. According to number President decision 470 year 1961 medium of exchanges can as cowrie Kartal, as metal money and bank note, and giral's money, as cheque. Mark sense that bad cheque because of really irresponsible parties want big gain meraup of yielding their fraud.

In written bad cheque a number money who that dibayarkan shall by bank, but proprietary account balance person that issues to cross a cheque that not sufficiently to pay it. Disability crosses a cheque that to be thawed constrains economic growth. How come, miliaran's transactions even rupiah can vanish just because of bad cheque. It disadvantages not only entrepreneur but also state.

Realise becoming glow it bad cheque case, therefore government issue law for meminimalis this deceitfulness. Number law 17 tahun1964 about even bad cheque pull prohibitions is issued. In that law is said that whom ever pull cheque while it knows that balance in its account falls short to do pull as much that written deep cheque therefore will strike down imprisonment at the longest 20 years and fines as much as possible four time totals moneys that tertera in crosses a cheque.

This regulation applies to individual person, foundation, organization, legal body, union, and copartnership. Disadvantages party which accept that bad cheque can exceed ruled sanction deep statute.

Since looked on by reducing can solve about problem bad cheque therefore on year 1971 issued by laws to pull out number Law 17 years 1964. After been revised back therefore number Law 1 year 1971 about repeal UU number 17 years 1964 substituted by UU number 12 year 1971 one makes as statute as regulars.

As understanding as law my number 12 year 1971 it legitimizes UU's repeal law number 17 years 1964, in artian that bad cheque pull be not been prohibitted, haven't available sanction for that.

Of sources that I finds, UU is number 17 year 1964 it really necessarily doesn't be attributed on the withdrawing cheque but most more on cheque signer. Because withdrawing cheque just constitute prejudiced person deep that transactions.

According to economics developing and information technology, available charge of agents economic for can do transactions in number particular on a more effective, efficient and aman.  is that Thing for example triggered by karena  kartal's money purpose( cash /cash) notably to transactions with nominal relatif 's one outgrows, felt insufficiently efficient and safe. Penggunaan 's trend payment instrument as cheque and bilyet is demand deposit as medium of payment in trade in common reverential for example since marks sense severally intended instrumental top as compared to another payment instrument, for example effectiveness factor, efficiency, and its security.

At severally state, paying instrumental purpose non cash, well paper based ,  card based  and also electronic based  was effloresce in such a way its quick. Even, each that instrument have provided various derivatif's facility to a wide variety payment behalf by methodics settlement  one that getting sophisticated. In the presence payment instrument non cash which quicks such amends its at severally state goes forward was backed up by marks sense payment system that is equal to, mechanism settlement  supportive and sekeletal jurisdictional strong one.

At alone Indonesia, penggunaan 's growth non cash payment instruments  experiencing step-up that adequately signifikan. A variety aspect which becomes constraint in developmental non cash instrument  this type, for example of nurginal supporting infrastructure, its reducing is understanding bank officer and / or economy agent to perudang's regulation prevailing invitation, kesiapan and Indonesian society transactions pattern gets to peripheral problem sentence.

1.2      PROBLEM FORMULA

1.      How is Tanjungpinang's judge ceremony strikes down to adjudge 3 months coop Subianto Pramono Is Yanto alias in conference at State Court?

2.      How that has to be done by Subianto Pramono Yanto's alias to soften its punishment concerning with bad cheque case?

1.3      TO THE EFFECT WRITING

1.     To know why Tanjungpinang's judge ceremony strikes down to adjudge 3 months coop Subianto Pramono Is Yanto alias in conference at State Court;

2.     To know what does have to be done by Subianto Pramono Yanto's alias to soften its punishment concerning with bad cheque.

CHAPTER II.

STUDY

1.1   REVIEW LIBRARY

1.1.1        Savvy Crosses A Cheque And Bad Cheque

Savvy crosses a cheque is dividend warrant to bank that bring off that client giro account, to pay to amount to money to on one's side that said at in its or for owner to cross a cheque that. 

Bad cheque is cross a cheque one be withdrawn from one account, one that its inadequate fund to pay that cheque. It often being met deep business transaction everyday. Peer bad cheque disadvantage business agent at marketing, entah while raw material ordering until instant goods distribution. Regulation has never been quite a be applied to a / foundation / organization / firm. Eventually legislation regulation sooth was established long since.

1.1.2        Marking Crosses A Cheque

Ruled cheque in Statute Section Law Merchant 178 until with 229. According to section rule 178 KUHD, cheque has marking which is:

1.      Name crosses a cheque dimuatkan in its own text and diistilahkan in lingual that cheque be written;

2.      Instruction is not conditional to pay to amount to particular money;

3.      Person name that shall pay it (interest);

4.      Place setting where payment that dilakaukan shall;

5.      Date of and cheque place pulled by it;

6.      Person signature that issues to cross a cheque it (withdrawing).

Person that engages in cheque letter be publisher (interesting person); hooking (which is Bank); carrier (appointee); owner (entitled person); substitution (person that replace owner or for endosemen.  To Cross A Cheque that has dibayarkan by hooking by order of publisher up to that cheque be not been cancelled by publisher. Even that cheque gets to be cancelled but regular has to wait offer term ends which is afters 70 days creams up to that cheque was taken or is cashed to bank by owner.

In perkembanganya Crosses A Cheque more and more be utilized as medium of exchange. Charge requirement will live man in trade progressively pushes towards complexity of Cheque form that originally just functioning mere as medium of exchange in shaped default on perkembanganya experiences extension into shaped special appropriate allotments and to the effect penerbitanya.

1.1.3        Kinds of Crosses A Cheque

There is kinds of even that Cheque for example:

1.      Cheque on supplementary,  where is acting publisher also as holding as first;

2.      Cheque on alone publisher namely commands to pay is attributed to alone publisher;

3.      Cheque for arithmetic other people that cheque can be published at one's request third person;

4.      Incaso's cheque or is called also cheque on empowering or for bill;

5.      Domicile cheque where that gets to point where cheque shall be paid or domicile on letter crosses a cheque only publisher just;

6.      Bad cheque which is Bad cheque or blank cheque constitutes to cross a cheque that its fund not available in giro account. For example client Tn. Rahman is Judge pulls to cross a cheque for the price 60 million written rupiah in that cheque, but then fund which is of service at that giro account there's only 50 million rupiahs. This funds lacking matter as big as 10 million rupiahs, if client pulls it. So clear that cheque its amount reducing compared with by aught fund amount. ;

7.      Traveller ’ s cheque  it crosses a cheque cheque on tour for traveller;

8.      Post dated cheque Constituting cheque that given by date falls from present date, e.g. today date of 01 May 2002. For example. Tn. Roy Akase intentionally thaws one sheet of cheque and whereabouts in that cheque is written date of May 5 2002. type crosses a cheque this is so-called with post dated cheque or cheque that haven't maturity value, it usually happens since available deal among the giver crosses a cheque with consignee crosses a cheque, e.g. since haven't had fund at that moment.

1.1.4        Benefit Crosses A Cheque

A.    Benefit crosses a cheque to divide account owner (client):

a.                As tool of registry and pull transactions book keeping lents fund at bank;

b.               As tool of observation foots up to lent fund that available at bank;

c.                As tool withdrawing fund of bank;

d.               As medium of exchange to on one's side other.

B.     Benefit crosses a cheque to divide bank:

a.                   As medium of exchange;

b.                  As pemindahbukuan's tool of one account goes to another account;

c.                   As document of book keeping.

C.     Benefit crosses a cheque to divide third party, which is party which hold cheque:

a.                   As tool to solve credit debt with side other;

b.                  As medium of exchange, legal means of transaction substitution.

1.1.5        Purposes Supporting factor Bad Cheque

On setiap 's ground publisher that publishes to cross a cheque necessarily berlatar belakang  a base conduct where penerbit  as a client at Bank that have savings account has to lent fund that enough beforehand before publish cheque letter as medium of exchange. But oftentimes at in practice frequent cheque purpose is missised as action of fraud which is bad cheque.

Factor that becomes purpose practice supporting bad cheque be secret Bank. Bank won't give information about client account amount it. So, if apparently letter crosses a cheque that its fund falls short or empty, letter receiver crosses a cheque may not know that thing. Letter receiver just cross a cheque that believe at the moment shown by it will get payment. For letter publisher crosses a cheque that ventures, it constitutes chance to get enjoyment by publishes bad cheque letter or paying by bad cheque in commerce transactions.

Evoked shooting problem in practice kosong 's Cheque purpose as medium of exchange at Indonesian is that that cheque gets billable then the day before depleted pengunjukannya's term which is 70 days. But if pengunjukkan's term up to 70 days cheques was passing and cheque is still to be refused since haven't most actually lents fund, therefore still gets dimintakan fund until time up to 6 months terhitung  begins publication day originally. After time 6 months was passing (daluwarsa), cek 's owner stills to get do Recourse Rights.

Right for recourse is rights that gave by law to beharga's letter owner in term happening non akseptasi or non payment. Right for recourse or right for recourse in lexical Indonesian Bank is Bill Of Exchange Holding Rights / cheque / letter feel equal to charge withdrawing / endorser / avalis utilisedding to get payment if party interests to refuse does payment( recht is recourse van ) and Recourse  also diartikan averting rights pays. Right for ruled recourse in Section 142 until with Section 153 KUHD.

There is even do recourse rights can be done by 2 tricks which is:

1.      By undertaking protest, one that gets to be done by  2 kind makes the point which is with otentik's deed and with simple protest. 

a.       With otentik's deed which is action which holding dilakaukan in term paying reject happening or non akseptasi which made by dihadapan notaries or skilled worker confiscates that diikiuti by 2 deponents. That deed is deed about payment reject or non akseptsasi (pasal  143 (b ) and (c ));

b.      With simple protest, don't use mean particular formalization it shan't be made deep alone deed. This protest is done in term no klausuka what does prohibit to protest simple, owner doesn't want to do otentik's protest, party that diprotes  has the honour to give its help which is by sets down statement on that beharga's letter akseptasi and payment is refused.

2.      By undertaking notifikasi which is making known of owner to publisher and to previous endorser about marks sense penolongan akseptasi and payment in the period of 4 weekdays after protest. Endorser that accept making known shall inform another endorser in considerate time 2 weekdays after the time it accepts making known. But notifikasi it not absolute element merupakan  deep do recourse and Law rights not bears out how to do notifikasi so paraphrased by free, well is done word-of-mouth or written.

In practice universalized by banking what the so called with recourse rights at deep pelaksanaanya apparently being avoided by bound up party olehpihak deep circulatory bill of exchange. It is caused because of:

1.      Of publisher party (Client), banking party (interest), holding party (buyer) Don't know whats rights recourse;

2.      Procedure that diprasyaratkan in perform rights regred not / insufficiently serves need / their expectation;

3.      Mark sense deal (although uncommitted straightforward / nayata) that pertinent party ala jointly avoid recourse rightses;

4.      That recourse rights performing mengurantgi can invalid name to given parties.

But basically, after this recourse rights is sailed through, but is still was done payment, therefore beharga's letter owner can look back over subject agreement. Where if we concern with case which is sales agreement agreement crude palm oil  (CPO) among Siti and PT PHA what do for the price Rp 3,2 miliar.  In indentured that sales agreement, Siti Faridah who constitute Malaysia citizen honor bound pays Rp 3,2 billion to buys crude palm oil (CPO) to PT Beautiful Green Island (PHA).

1.1.6        Jurisdictional conduct for delinquent bad cheque

Judgment:

A.       That at in practice perbankkan is happening oftentimes that a cheque that is proposed on bank on behalf that cheque is cold-drawn utilised requested its payment apparently doesn't be secured by fund that adequately on that bank (prevalent named bad cheque);

B.        _hat that bad cheque pull conduct was done in such a way face so constitutes manipulation who can confound and baffling usaha pemerintah on this adult in perform stability / repairs at bidang moneter and economics in a general way;

C.        That at the elbow that things is deep font b above, pull crosses a cheque that bad cheque dapat pula begets a loss society trust to paying traffic by cross a cheque on notably and banking in a general way;

D.       That after be reached stabilization / fixed up in monetary area and to prevent a loss society trust to paying traffic with dan perbankan's cheque in a general way, need specified rules about that bad cheque pull;

E.        This arrangement is too in order to effort security reach revolution aims;

F.         That gets link with aforesaid things needs too revamp no.7 drt's law. Year 1955 as it were have dirobah and is added, last is with statute no.1 prp year 1960.

Bad cheque pull prohibition:

A.       Barangsiapa pulls a cheque, meanwhile it knows or beseem have to predict, that after the time be pulled to cross a cheque that not available fund which adequately on bank on behalf that cheque is cold-drawn (bad cheque) dipidana by dies, pidana is lifetime or pidana prisons while forevermore twenty years and pidana fines as much banyaknsya four time totals that is written in pertinent bad cheque;

B.        If that bad cheque pull is deep section 1 did by or on behalf a legal body, a copartnership, a person union or a foundation, therefore criminal prosecution is done and pidana is stricken down well to legal body, copartnership, union or that foundation, well to them which do that bad cheque pull, and also to the two;

C.        That crime is deep point A and b is criminological.

With its upturned quick Indonesian economics, mak akebiasaan is wont in trade circle at Indonesian experience changes also in accordance with its quick that economics progress. Trade institutes that on epoch before world war goes to II. just used by business man outgrow that most consisting of Intern nation at Indonesian, currently like mad is used too by indonesian nation business men. For example Lembaga perdagangan was prevalent being used by indonesian nation business man clan this at the time is paying trick by cross a cheque.

Just how the importance for payment trick by crosses a cheque that we know all of that Government ambition at bank found Indonesias as much as possible utilised for example service that payment trick.

Utilised orderliness and banking effort fluency of cheque purpose crosses a cheque that therefore by Commanding was issued No.1's Government regulation year 1955 about Observations to Credit Businesses (Year statute book 1955 No. No.) In order to supervisory to credit business (banking) that is now get diketahui timbulnya practices that really insanitary one in general terms ranging on penggunaan lembaga crosses a cheque for the purpose manipulation it by way of cheque pull without provide funds that adequately on bank on which cross a cheque after been pulled while be pulled that cheque. In this relationship perlu dijelaskan things as follows.

Remember that Law Merchant Code (Wetboekvan koophandel) in Hukum Perdata's area just make compulsory cheques interesting someone to provide fund that adequately on bank on which crosses a cheque to be pulled on day crosses a cheque that was proposed to payments utilised bank it, therefore person perceives not perlu untuk provides to lent fund that used by it before that cheque is proposed on pertinent bank utilised requested its payment.

Remember to mark sense time difference that adequately among while crosses a cheque it is cold-drawn and while crosses a cheque it is proposed on utilised bank to be asked for its payment, in the period of which crosses a cheque it gets moving of hand go to to put hand out as alat pembayaran, therefore arises irresponsible men passion for mempergunakan kesempatan it is utilised aim manipulates.

This irresponsible men then pulls cheque cheque one want to want it in number jumlah yang very large with just provide fund a portion (little) only of check sum that be pulled it on pertinent bank, since terminologicals its count foot up fund that partly (little) its provided it was enough to keep all, payments if that cheque cheque proposed by pada bank. 

It means that irresponsible men it has created finances in number that whacking utilised behalf itself that in practice telah menambah foots up circulating finances until gets billion rupiahs, thing which betul menimbulkan disordered deep monetary areas that by itself regards too level goods price.

Beside it count from manipulan manipulan as mentioned above gets melesat, so upon cekceknya diajukan on bank not available fund which is required and that cheque cheque is rejected by banks as cheque of bad cheques. That such practices if are let protracted will constitute too:

A.             Outspoken resistance to mean Government for menumbuhkan wont does payment by cross a cheque deep society in a general way and among perdagangan khususnya, intention which have too dipertegas by P.Y.M. Alone president with No.470's decision year 1961 dates 23th August 1 961 about revamp payment traffic that terutama bersifat Kartal with paying traffic that particularly gets Giral's character;

B.              Factor that beget its dwindling / a loss society trust to lembaga cek in a general way and khususnyal's banking;

C.              Penghambatan to universe Development Plan plans already be established by M.P.R.S. with No.11's decision year 1960 and to bangsa Indonesia's economics progress in particular;

D.             Although by Board Of Monetary was issued Monetary Council Decree No.53 who fathoms a meaning juga mencegah bad cheque pull as effort at Public Law area, then menetapkan pula's Indonesia Bank rule utilisedding to prevent bad cheque pull most conceive of actions at Jurisdictional area.

Administrative, but all effort and this action can't yet prevent bad cheque cheque pulls. Utilised disciplinize aforesaid situation needs shortly be arranged action that adequately hard to prevent a loss society trust to paying traffic by crosses a cheque on notably dan perbankan in a general way.

1.2   ANALISIS IS PROBLEM

1.2.1        Tanjungpinang's judge ceremony strikes down to adjudge 3 months coop to Subianto Pramono.

Subianto Pramono is Yanto's alias, interior project contractor and eksterior is kepri's Governor office at Jump is not power bate its weeping while Tanjungpinang's judge ceremony strikes down to adjudge 3 months coop in conference at State Court. 

Evident Yanto guilty do fraud namely utilize bad cheque for the price Rp130 million for payment to amount to material significant building at Bintan's Light shop, own Juvenile road Purnomo's Echo.

Sentence that given by setya's judge ceremony SH MH'S Kindness adjoined by Bambang Nurcahyo SH MH and Morgan Simanjuntak SH MH that, lighter of Prosecuting Attorney charge (JPU) Azrijal SH who charges 6 months jail. On that charge defendant besoughts punishment priority to mejelis judge.

1.2.2        One that has to be done by Subianto Pramono Yanto's alias to soften its punishment.

“I admit Judge Pack false, and vow will pay debt arrears installment my that at the latest this month of September final. To it I besought punishment priority, since I constitute family backbone and have children that still littles, Judge pack,” say Yanto with lirih's voice.

Behaving that defendant requisition, judge bears out that defendant keeps a promise to accord statement already being made to pay off all its debt arrears to that building tradesman. If don't, defendant will get to give heavier punishment calling into question again.“Remember, you don't until belie this contract. If don't you wait for will get to sentence heavier again,”say Judge. 

In expressed conference,  conduct is accused as PT's Vice Director Blooms To Keep Company With Supernatural (MPS) have taken a number material significant building at victims own shop for the price vicinity Rp250 million for fluency to talk shop that intermediate it works.

One part of material amount significant that have dibayarkan is accused to victim in shaped ready money, meanwhile plays favorites again dibayarkan in forms kontan's cheque as much 3 sheet crosses a cheque at each different bank.

  

III. CHAPTER

SHELL

1.1. CONCLUSION

1.      Ceremonies causative thing Tanjungpinang's judge strikes down to adjudge 3 months coop Subianto Pramono Is Yanto alias in conference at State Court is evident Yanto offense does fraud namely utilize bad cheque for the price Rp130 million for payment to amount to material significant building at Bintan's Light shop, own Juvenile road Purnomo's Echo.

2.      One that has   done by Subianto Pramono Yanto's alias to soften its punishment concerning with bad cheque case is besought punishment priority, since it constitutes family backbone. It nonetheless has to kept faith sincerely in order not to go over its conduct again.

1.2. TIPS

1.      Besoughted that government can more memerhatikan problem about that worth letter about problem abuse it that diminimalisir can.

2.      Besoughted to that reader source reading any other for over deepen science about rights on brand.

  

LITERATURE

Flower, Aldiena. (2009)  Bad Cheque regulation  [internet] 22nd June. Available fom:  http://catatandiatasawan. blogspot. com   [diakses, 14 Januari 2012] 

Chan, Kirenai Vita. (2011)  Bad Cheque savvy  [internet] 16th March. Available from:  http://vitachan. blogspot. com   [diakses, 14 Januari 2012] 

 Meta. (2011)  Bad Cheque purpose as Medium Of Exchange And its Working Out Practice Di Indonesia  [internet] May 28. Available from:  http://lawmetha. blogspot. com    [diakses, 14 Januari 2012] 

Rizani. (2009)  Effect Cheque Law And Bilyet Is Demand Deposit  [internet] 23th April. Available from:  http://en. hukumonline. com   [diakses, 14 Januari 2012] 

 Zoebir, Zuryawan Isvandiar. (2008)  Therefore Law  [internet] May 21. Available from: http://zuryawan_isvandiar_zoebir ’ s. blogspot. com   [diakses, 12 Januari 2012]