Analisis Hukum terhadap Pelaksanaan Perjanjian Ekspor Impor Pestisida dengan Metode Pembayaran Kemudian (Open Account) (Suatu Penelitian di PT. Bahtera Boniaga Lestari)

Abstract

Open account is a payment method by which the exporter sends the goods and documents representing the goods first to the importer and then the payment by the importer to the exporter is made later. Payment by using open account method has a high risk especially for exporters. However, payment by open account method is the preferred payment in pesticide export-import business transactions between PT. Bahtera Boniaga Lestari with Nanjing Essence Fine Chemical Co., Ltd. So far, there are no national or international regulations that further regulate export-import payments using open account method, which raises big questions if there is a problem between the exporter and the importer, as well as to obtain legal certainty and protection for their international business transactions. The research used normative juridical research by examining library materials or secondary materials. This research is descriptive analytical in nature which aims to accurately describe the legal regulations and legal theories that can be the basis for open account method and describe how the implementation of open account method in general and specifically as well as analyzing facts regarding open account. The results of the study conclude that payments are then guided by the agreement between the parties. The principle of freedom of contract gives the parties the freedom to formulate agreements freely, including the freedom to choose the method of payment according to the agreement. The agreement in this transaction is required to be a strong foundation to be able to provide legal certainty and legal protection related to the method of payment with open account.In export and import activities carried out by PT. Bahtera Boniaga Lestari and Nanjing Essence Fine- Chemical Co., Ltd, Exporting countries provide legal protection through the appointment of the China Export & Credit Insurance Corporation which is in charge of supervising the movement of payments for exports and imports.