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1
Barach, Moshe A., Joseph M. Golden, and John J. Horton. "Steering in Online Markets: The Role of Platform Incentives and Credibility." Management Science 66, no. 9 (September 2020): 4047–70. http://dx.doi.org/10.1287/mnsc.2019.3412.
Повний текст джерелаАнотація:
Platform marketplaces can potentially steer buyers to certain sellers by recommending or guaranteeing those sellers. Money-back guarantees—which create a direct financial stake for the platform in seller performance—might be particularly effective at steering as they align buyer and platform interests in creating a good match. We report the results of an experiment in which a platform marketplace—an online labor market—guaranteed select sellers for treated buyers. The presence of a guarantee strongly steered buyers to these guaranteed sellers, but offering guarantees did not increase sales overall, suggesting financial risk was not determinative for the marginal buyer. This preference for guaranteed sellers was not the result of their lower financial risk, but rather because buyers viewed the platform’s decision to guarantee as informative about relative seller quality. Indeed, a follow-up experiment showed that simply recommending the sellers that the platform would have guaranteed was equally effective at steering buyers. This paper was accepted by Chris Forman, information systems.
2
Purwohadi, Sutrisno, and Theresa Irene Sumartoni. "Implications of Executorial Strength of Fiducia Security Certificate after Decision Constitutional Court No. 18/PUU-XVII/2019 Concerning Notary Assets." Sultan Agung Notary Law Review 3, no. 1 (March 5, 2021): 69. http://dx.doi.org/10.30659/sanlar.3.1.69-79.
Повний текст джерелаАнотація:
Fiduciary material rights are guaranteed. The collateral objects are tangible, intangible and immovable objects that cannot be guaranteed with mortgages. Fiduciary collateral is widely used by finance companies. Debtor defaults, the leasing party executes fiduciary objects unilaterally, this is considered contrary to the 1945 Constitution. Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 of 1999 concerning Fiduciary Guarantee is subjected to a material test. After Constitutional Court Number 18/PUU-XVII/2019, Execution of fiduciary guarantees after the decision of the, after Constitusional Court, creditors cannot execution guarantee directly because executorial beslag in fiduciary certificate which have power same with court decision has been canceled. According to Constitutional Court’s decision Number 18/PUU-XVII/2019 states that Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 Year 1999 is contradictory to the 1945 Constitution. After the Constitutional Court's Decision No. 18/PUU-XVII/2019 states that the execution of guarantees cannot be carried out unilaterally by creditors, but must be through a District Court decision, unless there is an agreement on breach of contract between the debtor and the creditor and the debtor voluntarily submits the object of fiduciary collateral, this matter impact to lack of creditor’s interest to give loan with moveable object remember executory process need long time and many cost because execution object fiduciary guarantee must be district court decision. Notary as formulate’s agreement must be think carefully to response Constitutional Court Number 18/PUU-XVII/2019 with strengthen clause in fiduciary guarantee deed based on credit agreement which has been made the parties so that occur balanced right and obligation between creditor and debtor. Therefore author take theme about Notary’s role to make Notary’s deeds especially fiduciary guarantee’s deed after Constitutional Court Number 18/PUU-XVII/2019 with research’s method use literature research in the form of juridical data. The research is normative juridical and qualitative research type Research methods.
3
Zhang, Xueying, Shansheng Gao, and Jian Jiao. "Moral Hazard Effects of Corporate Bond Guarantee Purchases: Empirical Evidence from China." Journal of Economics and Behavioral Studies 10, no. 5(J) (November 3, 2018): 100–115. http://dx.doi.org/10.22610/jebs.v10i5(j).2501.
Повний текст джерелаАнотація:
This study examines corporate bond guarantees by developing a theoretical model that decomposes the overall impact of a guarantee into signalling and incentive effects and presenting empirical evidence based on data from China’s corporate bond market. Our empirical research yields considerable evidence for the effects we posit in the model and provides some important insights into the problems of adverse selection and moral hazard in China’s bond market. The empirical evidence shows that the bond issuer with lower credit rating are more willing to purchase a bond guarantee and guaranteed bonds have a higher issue spread yield than those non-guaranteed bonds, even though both have the same bond credit rating. Our findings suggest that moral hazard would be better than adverse selection to explain the self- selection of bond guarantees. Prior to bond issuance credit rating signal provides a mechanism to mitigate information inequality, while bond guarantees relieve information asymmetry afterwards.
4
Boyle, Phelim, and Mary Hardy. "Guaranteed Annuity Options." ASTIN Bulletin 33, no. 02 (November 2003): 125–52. http://dx.doi.org/10.2143/ast.33.2.503687.
Повний текст джерелаАнотація:
Under a guaranteed annuity option, an insurer guarantees to convert a policyholder's accumulated funds to a life annuity at a fixed rate when the policy matures. If the annuity rates provided under the guarantee are more beneficial to the policyholder than the prevailing rates in the market the insurer has to make up the difference. Such guarantees are common in many US tax sheltered insurance products. These guarantees were popular in UK retirement savings contracts issued in the 1970's and 1980's when long-term interest rates were high. At that time, the options were very far out of the money and insurance companies apparently assumed that interest rates would remain high and thus that the guarantees would never become active. In the 1990's, as long-term interest rates began to fall, the value of these guarantees rose. Because of the way the guarantee was written, two other factors influenced the cost of these guarantees. First, strong stock market performance meant that the amounts to which the guarantee applied increased significantly. Second, the mortality assumption implicit in the guarantee did not anticipate the improvement in mortality which actually occurred. The emerging liabilities under these guarantees threatened the solvency of some companies and led to the closure of Equitable Life (UK) to new business. In this paper we explore the pricing and risk management of these guarantees.
5
Boyle, Phelim, and Mary Hardy. "Guaranteed Annuity Options." ASTIN Bulletin 33, no. 2 (November 2003): 125–52. http://dx.doi.org/10.1017/s0515036100013404.
Повний текст джерелаАнотація:
Under a guaranteed annuity option, an insurer guarantees to convert a policyholder's accumulated funds to a life annuity at a fixed rate when the policy matures. If the annuity rates provided under the guarantee are more beneficial to the policyholder than the prevailing rates in the market the insurer has to make up the difference. Such guarantees are common in many US tax sheltered insurance products. These guarantees were popular in UK retirement savings contracts issued in the 1970's and 1980's when long-term interest rates were high. At that time, the options were very far out of the money and insurance companies apparently assumed that interest rates would remain high and thus that the guarantees would never become active. In the 1990's, as long-term interest rates began to fall, the value of these guarantees rose. Because of the way the guarantee was written, two other factors influenced the cost of these guarantees. First, strong stock market performance meant that the amounts to which the guarantee applied increased significantly. Second, the mortality assumption implicit in the guarantee did not anticipate the improvement in mortality which actually occurred.The emerging liabilities under these guarantees threatened the solvency of some companies and led to the closure of Equitable Life (UK) to new business. In this paper we explore the pricing and risk management of these guarantees.
6
Ginting, Lilawati. "Comparison of Execution in Warranty and Fiduciary Bank." Randwick International of Social Science Journal 3, no. 4 (October 31, 2022): 914–22. http://dx.doi.org/10.47175/rissj.v3i4.567.
Повний текст джерелаАнотація:
The types of guarantee institutions known in the Indonesian legal system can be classified according to their type, nature, purpose and management. Late payment will result in a claim for the guaranteed goods. Execution is an attempt by the ruling party to seek justice through res judicata. Bank guarantees, which are individual guarantees, and trustees, which are physical guarantee institutions, have different implementation methods at the time of default. This study tries to explain the problem of comparing legal situations with bank guarantees and trustees in a normative and juridical way. The results show that The authority to enforce bank guarantees on assets belonging to debtors in default refers to Articles 1131 and 1132 of the Civil Code. According to Articles 1131 and 1132 of the Civil Code, the goods belonging to the debtor (the guarantor) are generally collateral for the debtor's debt, and the proceeds from the sale of the collateral are charged to the recipient of the guarantee.
7
Robertshaw, Paul. "The Ethnic Dimension in Jury Selection: UK and USA Approaches." Journal of Criminal Law 67, no. 6 (December 2003): 525–30. http://dx.doi.org/10.1350/jcla.67.6.525.19433.
Повний текст джерелаАнотація:
This article commences with a discussion of recent research on perceptions of treatment of ethnic minority defendants in England, including jury trial. In this context a recent Court of Appeal decision affirms its previous decision that judges may not interfere in jury selection to ensure a fair ethnic or other balance in a jury; European Convention jurisprudence was not relevant to the particular issue before the court. At the same time the US Supreme Court made a rare visit to the problem of ethnic balance in jury selection. The majority held that the prosecution measures during the voir dire did discriminate against the defendant. The dissident justice's opinion is also analysed. The article then uses tests for statistical significance on the measures in issue considered by both majority and dissident. It is suggested that such tests would be helpful to courts generally in such cases. In conclusion a ‘guaranteee’ for fair ethnic representation in British juries is proposed.
8
Meyer, Jeffrey, Dwayne D. Gremler, and Jens Hogreve. "Do Service Guarantees Guarantee Greater Market Value?" Journal of Service Research 17, no. 2 (October 18, 2013): 150–63. http://dx.doi.org/10.1177/1094670513505359.
Повний текст джерела
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Gai, Lorenzo, Federica Ielasi, and Monica Rossolini. "SMEs, public credit guarantees and mutual guarantee institutions." Journal of Small Business and Enterprise Development 23, no. 4 (November 21, 2016): 1208–28. http://dx.doi.org/10.1108/jsbed-03-2016-0046.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to focus on public guarantees granted to micro-, small- and medium-sized enterprises (SMEs) by the Italian national credit guarantee programme (Fondo Centrale di Garanzia – Central Guarantee Fund – (CGF)). The CGF provides a direct guarantee to banks granting loans or a counter-guarantee to mutual guarantee institutions (MGIs) acting as first-level guarantors. Because the behaviour of MGIs could affect the default risk of counter-guaranteed loans, it is vital to investigate their operating and structural characteristics in order to identify an optimal design for public credit guarantee schemes (PCGSs). Design/methodology/approach Using regression models, the paper analyses the determinants of default for 33,229 SME loans guaranteed by an MGI and counter-guaranteed by the Italian CGF. The dependent variable is the ex-post default risk of SMEs’ counter-guaranteed loans in the 2010-2011 period. The explanatory variables are certain characteristics of the MGI. Findings The authors demonstrate that increases in an MGI’s leverage and the size of the counter-guaranteed portfolios increase the default risk. When the counter-guaranteed portfolio increases, MGIs are more risk taking but take less risk than when local and specialized MGIs are at play. Finally, direct public aid is relevant. Practical implications An appropriate design of the PCGS becomes crucial to controlling moral hazard in financial institutions and ensuring the financial sustainability of public intervention in favour of SMEs. Originality/value The paper evaluates an original and confidential firm-level data set that is not available in public documents or supervisory board statistics but is collected directly from the MGIs that participated in this study.
10
Sembiring, Martin Ari Gunanta. "STATUS HUKUM JAMINAN PESAWAT DALAM PERKEMBANGAN OBJEK JAMINAN DI INDONESIA." SASI 25, no. 2 (December 27, 2019): 155. http://dx.doi.org/10.47268/sasi.v25i2.196.
Повний текст джерелаАнотація:
Vacuity legal product of governing aircraft as an object of fiduciary guarantees raises legal problems regarding it’s status. Under the aircraft law the mortgage is guaranteed, but further arrangements regarding mortgage guarantees do not exist until now. The void of regulation has led to differing views about the guarantor institution that is authorized to guarantee aircraft. Apart from the guarantor institution, the types of financing and procedures for execution are difficult to determine because of the legal vacuum.
11
Long, Deng, Bruce L. Ahrendsen, Bruce L. Dixon, and Charles B. Dodson. "Modeling duration of FSA operating and farm ownership loan guarantees." Agricultural Finance Review 76, no. 4 (November 7, 2016): 426–44. http://dx.doi.org/10.1108/afr-04-2016-0036.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to identify determinants of feasible outcome events (expired with no loss, settled for loss, still performing) and time to event of Farm Service Agency (FSA) operating and farm ownership (FO) loan guarantees. Design/methodology/approach Data on 19,126 FSA guaranteed loans, which were made by various lenders to farmers who have limited ability to obtain loans from normal sources without the Federal guarantee, were collected. Cox proportional hazards models for operating loans (OLs) and FO loans are estimated to identify borrower characteristics, loan characteristics, lender types, and farm and macroeconomic environment factors that influence guarantee outcomes. Findings Loans with different characteristics (loan amount, loan term, lender type, region originated) and assistance programs (Beginning Farmer, Interest Assistance) have differing guarantee outcomes. Contemporaneous variables, in particular delinquency status, have a significant impact on guarantee outcomes. Research limitations/implications All loans were originated in calendar years 2004 and 2005. Since FO loans may have as long as 40 year terms, results are not as robust for FO loans as for OLs. Practical implications Different loan characteristics and macroeconomic conditions significantly influence the occurrence of possible guarantee outcomes and time to the outcomes. Originality/value Guaranteed loans are the primary method of government credit assistance to US farm operators. Data on individual borrowers have been difficult to obtain for much of the life of the guaranteed program because loan applications are held privately. This study provides insight on how various factors drive guarantee performance which is useful to policy makers trying to increase guaranteed loan program efficiency.
12
Cristina Arcuri, Maria, Lorenzo Gai, and Federica Ielasi. "Public Credit Guarantee Schemes in Supporting SMEs: An Evaluation of Effectiveness and Impacts." International Journal of Business and Management 15, no. 1 (December 29, 2019): 174. http://dx.doi.org/10.5539/ijbm.v15n1p174.
Повний текст джерелаАнотація:
Public credit guarantee schemes are set up with the purpose of facilitating access to credit by Small and Medium-sized Enterprises (SMEs). The aim of the paper is to study the effectiveness and impacts of the Italian Central Guarantee Fund (CGF)’s activity, one of the main public guarantee schemes in Europe. This is even more important in the light of the 2018 CGF reform.
Analyzing a sample which includes all the guarantees issued by the CGF from 2012 to 2018 on loans made to manufacturing companies, we find that the CGF methodology is partially able to capture the variables affecting the probability of default of SMEs. The CGF scores before the reform show poor capability to forecast risk in the medium term, above all for micro and small enterprises. The post-reform model shows better forecasting ability and a greater consistency with the Z’’-score, one of the most recognized model in the distress prediction literature. The new CGF model may indirectly control the behaviour of lenders and first-level guarantors. In particular, our findings show that the probability of default on exposures covered by a mutual guarantee institution and counter-guaranteed by the CGF is lower than the probability of default of loans granted by a bank and directly guaranteed by the CGF. As a consequence, the direct guarantees need to be more monitored by the CGF and potential effects on the bank behaviour may derive, strengthening ECB’s supervision activities.
13
DEWI, NI KOMANG AYU SEDANA, I. NYOMAN WIDANA, and LUH PUTU IDA HARINI. "PERHITUNGAN NILAI GARANSI MINIMUM MANFAAT KEMATIAN PADA ASURANSI UNIT-LINK." E-Jurnal Matematika 7, no. 3 (September 2, 2018): 232. http://dx.doi.org/10.24843/mtk.2018.v07.i03.p208.
Повний текст джерелаАнотація:
The guarantee minimum on unit-linked insurance applies only to the most extreme situations of very bad rate of return on the fund’s policyholders. One of the investment guarantees commonly used in unit-link is guaranteed minimum death benefit (GMDB). The final value under unit-linked insurance contracts can be expressed in terms of options that can be calculated using the Black-Scholes-Merton method. The purpose of this study is to determine the effect of age to the guarantee minimum value calculated using the Black-Scholes-Merton method. The calculation of GMDB value based on case simulation in this study resulted that the increasing age of the insured the greater the minimum guarantee value to be obtained.
14
Roberts, James W. "Can Warranties Substitute for Reputations?" American Economic Journal: Microeconomics 3, no. 3 (August 1, 2011): 69–85. http://dx.doi.org/10.1257/mic.3.3.69.
Повний текст джерелаАнотація:
In markets where product quality is imperfectly observed or delivery is uncertain, seller reputations and product guarantees or warranties can impact equilibrium prices and quantities. Using data from a decentralized online market, this paper empirically investigates the substitutability of product guarantees for seller reputation. I find that a “guaranteed or your money back” promise from the market maker does not substitute for reputation, either in determining price or the probability of sale. The most likely causes of the policy's ineffectiveness are delays in buyer response to the guarantee and skepticism about reimbursement in the event of fraud. (JEL D82, L14, L15, L81, M31)
15
Kwon, Yongjae, Myungho Park, and Jeongsun Yun. "Risk Margin Calculation for Lapse Risk in Guaranteed Minimum Accumulation Benefit of Variable Annuities-A Market-Consistent Approach." Journal of Derivatives and Quantitative Studies 22, no. 1 (February 28, 2014): 71–90. http://dx.doi.org/10.1108/jdqs-01-2014-b0004.
Повний текст джерелаАнотація:
In 2002, variable annuities were introduced in South Korea and have shown enormous success since then. They are life-insurance products with investment guarantees. Variable annuities allow policyholders to allocate premiums into a wide range of investment vehicles such as stocks, bonds, money market instruments, or some combinations of them. Due to the investment guarantee which is called guaranteed living benefits (GLBs), the benefit is always the greater of (1) the account value of the policyholder investment and (2) the guaranteed amount. Life insurance companies set aside reserves for the guarantees in the general account. Just as the account value depends on the performance of investments, VA lapses also rely on the performance of investments. For example, policyholders will not terminate the contracts when account value is way lower than the guaranteed amount. Considering that lapses determine the total benefit of VAs that a insurance company should pay, calculating risk margin for lapse is a key issue in the VA business. In this study, risk margin for VA lapses is estimated with Wang transform suggested by Wang (2000, 2002).
16
Reszczyński, Radosław. "Evaluation of the effectiveness of the Bank Guarantee Fund's deposit guarantee activities." Catallaxy 8, no. 1 (June 30, 2023): 35–46. http://dx.doi.org/10.24136/cxy.2023.003.
Повний текст джерелаАнотація:
Motivation: The Bank Guarantee Fund (BFG) operates by following two formulas, one of which is the implementation of the disbursement of guaranteed amounts. The BFG has been changing the limits of the guaranteed amounts, streamlining and improving the way in which the disbursements are made, as well as conducting information activities. The interest in analysing these activities is the original motive that prompted the present topic. Aim: The aim of the article is to evaluate the effectiveness of the BFG's deposit guarantee activity by: showing the history of the limit of guaranteed amounts, reviewing selected items of the BFG's balance sheet and the collateral ratio of the deposit guarantee scheme. The 28 years of the BFG's existence have forced the Fund to make progress with computerisation, which is analysed on the basis of the implementation of payouts of two failed banks in Poland. The purpose of the survey is to verify the indirect information activity of the BFG. Materials and methods: The research tasks were made possible through the use of descriptive analysis, financial analysis, a case study and a survey. The information contained in academic articles, annual reports of the BFG and in the BFG acts was used. Results: High stability and security of the banking sector is crucial. The BFG's main investment is in securities of the State Treasury and the NBP, which guarantees the deposits of bank customers. The small institutions that are covered by the BFG regime show the highest level of safety, due to the limited risk of contagion in case of their failure. However, large banks have to look after their own interests, as most companies have accounts in these banks. The survey showed low public awareness of deposit guarantees. The BFG should improve its information activities, e.g. with TV and radio advertisements.
17
In, Jeongsik, Kyeong Hur, Jinwoo Park, Kyun Hyon Tchah, and DooSeop Eom. "Minimum TCP throughput guarantee on minimum rate guaranteed networks." Computer Communications 27, no. 13 (August 2004): 1314–29. http://dx.doi.org/10.1016/j.comcom.2004.04.001.
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Anggraeni, RR Dewi, Iman Imanuddin, and Purmanto Purmanto. "The Debtor’s Liability For The Loading Of Personal Security In Indonesia." Jurnal IUS Kajian Hukum dan Keadilan 11, no. 1 (April 4, 2023): 17–30. http://dx.doi.org/10.29303/ius.v11i1.1180.
Повний текст джерелаАнотація:
This study aims to find out the legal liability as well as the judge’s consideration of personal guarantees in the case of debtors who are declared bankrupt based on act number 37/2004.. The research method used is the normative juridical method, using library data. The results of this study indicate that in personal guarantee liability, there are two different agreements but closely related to each other, namely the guaranteed principal agreement and the personal guarantee agreement as a guarantee of the main agreement. In the personal guarantee agreement, besides the main agreement, there is also an accessory agreement where a personal guarantee serves the obligations. Personal guarantee in this bankruptcy case is the debtor from the obligation to pay off the debt. The personal guarantee assets will only be used to the return of the debts to creditors when the property has been confiscated and auctioned. However, the proceeds are not sufficient to pay the debt. This could be due to the debtor having two or more creditors and not paid off at least one overdue debt and can be collected.
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Kristiyanti, Celina Tri Siwi. "LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019." NOTARIIL Jurnal Kenotariatan 6, no. 2 (December 7, 2021): 65–77. http://dx.doi.org/10.22225/jn.6.2.2021.65-77.
Повний текст джерелаАнотація:
Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value. Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019. The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.
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Duc Nguyen, Hai, and Andrew A. Chien. "A Foundation for Real-time Applications onFunction-as-a-Service." ACM SIGMETRICS Performance Evaluation Review 51, no. 4 (February 22, 2024): 54–65. http://dx.doi.org/10.1145/3649477.3649497.
Повний текст джерелаАнотація:
Serverless (or Function-as-a-Service) compute model enables new applications with dynamic scaling. However, all current Serverless systems are best-effort, and as we prove this means they cannot guarantee hard real-time deadlines, rendering them unsuitable for such real-time applications. We analyze a proposed extension of the Serverless model that adds a guaranteed invocation rate to the serverless model called Real-time Serverless. This approach aims to meet real-time deadlines with dynamically allocated function invocations. We first prove that the Serverless model does not support real-time guarantees. Next, we analyze Real-time Serverless, showing it can guarantee application real-time deadlines for rate-monotonic real-time workloads. Further, we derive bounds on the required invocation rate to meet any set of workload runtimes and periods. Subsequently, we explore an application technique, pre-invocation, and show that it can reduce the required guaranteed invocation rate. We derive bounds for the feasible rate guarantee reduction, and corresponding overhead in wasted compute resources. Finally, we apply the theoretical results to improve the experience quality of a distributed virtual reality/ augmented reality application as well as simplify the application design and resource management.
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Ong, Seow‐Eng, and Shawn Hong Guan Lim. "Risk mitigation with buy‐back guarantees and guaranteed appreciation plans." Journal of Property Investment & Finance 18, no. 2 (April 2000): 239–53. http://dx.doi.org/10.1108/14635780010324547.
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Moselle S., Gracia Ravina. "Penerapan Jaminan Perorangan Dalam Perjanjian Kredit oleh Lembaga Pengelolaan Dana Bergulir Koperasi, Usaha Mikro Kecil dan Menengah (LPDB – KUMKM)." Jurist-Diction 5, no. 6 (November 30, 2022): 2227–46. http://dx.doi.org/10.20473/jd.v5i6.40126.
Повний текст джерелаАнотація:
AbstractIn order to maintain the implementation of both the distribution and / or refund of revolving funds provided by LPDB - KUMKM to LPDB-KUMKM Partners, LPDB - KUMKM certainly requires guarantees that must be submitted by LPDB - KUMKM partners. This loan guarantee and / or financing can be in the form of material guarantee and / or immaterial guarantee. This material collateral can be in the form of, among others, movable objects, immovable objects, pawning deposits, etc. Meanwhile, this immaterial guarantee can be in the form of individual guarantees and / or corporate guarantees as stated in Article 13 Permenkop 4/2020. The purpose of this research is to analyze how the implementation of individual guarantees at LPDB - KUMKM. This study uses the juridical normative method using 2 (two) approaches, namely, the statutory approach and the conceptual approach. The conclusion of this thesis research is the emergence of various problems in the application of individual guarantees. The need for statutory regulations and internal regulations to further regulate individual guarantees. Keywords: Contract; Agreement; Individual Guarantes. AbstrakDemi menjaga terlaksananya baik itu penyaluran dan/atau pengembalian dana bergulir yang diberikan oleh LPDB – KUMKM kepada Mitra LPDB-KUMKM, maka LPDB – KUMKM tentu mensyaratkan adanya jaminan-jaminan yang wajib diserahkan oleh mitra LPDB – KUMKM. Penjaminan pinjaman dan/atau pembiayaan ini dapat berupa jaminan material dan/atau jaminan imaterial. Jaminan material ini dapat berupa, antara lain benda bergerak, benda tidak bergerak, gadai deposito, dll. Sedangkan jaminan imaterial ini dapat berupa jaminan perorangan dan/atau jaminan korporasi sebagaimana telah tercantum dalam Pasal 13 Permenkop 4/2020. Tujuan dari penelitian ini, untuk menganalisis bagaimana penerapan jaminan perorangan pada LPDB – KUMKM. Penelitian ini menggunakan metode Yuridis Normatif dengan menggunakan 2 (dua) pendekatan yaitu, pendekatan perundang-undangan dan pendekatan konseptual. Kesimpulan dari penelitian skripsi ini yaitu timbulnya berbagai problematika dalam penerapan jaminan perorangannya. Perlunya peraturan perundang-undangan maupun peraturan internal untuk mengatur lebih lanjut mengenai jaminan perorangan. Kata Kunci: Kontrak; Perjanjian; Jaminan Perorangan.
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Baparki, Ahmad, and Yayuk Minta Wahyuningsih. "KAJIAN POTENSI LAHAN RAWA UNTUK PENGEMBANGAN PERKEBUNAN KELAPA SAWIT KABUPATEN HULU SUNGAI TENGAH KALIMANTAN SELATAN." ZIRAA'AH MAJALAH ILMIAH PERTANIAN 44, no. 1 (February 12, 2019): 51. http://dx.doi.org/10.31602/zmip.v44i1.1587.
Повний текст джерелаАнотація:
Hulu Sungai Tengah District has Wetlands in the Form of a Swamp of Shallow Valleys,Mid Valley and the Valleys in Total Area of 16-20 Thousand Hectares. The Potential Swamp Area in the Study Area Reached 21.318 Hectares With Details of the Shallow Swamp Typology of 4.227 Hectares , a Rare Fall of 15.934 Hectares and 1.157 Ha of Rain Fed. The implementation of This Study Includes Reference Studies, Field Activities,Laboratory Analysis and Data Processing,Map Making and Report Preparation. The Most Extensive Potential of Land in The Northern Sub District of 10.875 Ha With the Middle Rare Typology.Based on the Typology of the Study Area,it Consists of Potential Land Area of 14.685 Ha and Peatland Area of 6.633 Ha.The Results of The Overall Evaluation of Land From 21.318 Ha Were Planted For Plantations of 12.557 Ha and 4.461 Ha For Conservation and 4.300 Ha of Enclaves.Land Suitability Distribution From 12.557 Ha if Reduced Area of 5.005 Ha Wide Area Effective 7.550 Ha.The Public”s Views on Plantations Are Still Diverse,Some of Which View Positively 15.55 %,Negative 21.6 % and Neutral 63.34 %. A Positive View Means the Respondent agrees to the Existence of a Plantation Because it is Considered to Provide Hope of Getting Employment Opportunities or Income that Can Provide a Better Guaranteee Than The Present Situation.
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Hermawan, Dofi Yos. "IMPLIKASI HUKUM PENDAFTARAN JAMINAN FIDUSIA ONLINE TERHADAP ASAS PUBLISITAS SEBAGAI SALAH SATU CIRI HAK JAMINAN KEBENDAAN." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (May 30, 2019): 79–87. http://dx.doi.org/10.29062/jmhp.v5i1.78.
Повний текст джерелаАнотація:
The main material of the study due to the law of online fiduciary registration on the principle of publicity as one of the characteristics of material security rights, with the formulation of the problem What is the online registration of fiduciary collateral and What is the result of the legal registration of online system fiduciary guarantees for creditors' publicity rights. The conclusions are as follows: Ratio Legis registration of online fiduciary guarantees, is to improve the service of registration of fiduciary guarantees easily, quickly, and at low cost. Fiduciary registration to guarantee legal certainty and fulfillment of the principle of publicity, but online fiduciary registration involves a notary, only a notary who has a password to access the registration of fiduciary collateral rights, for notary registration of fiduciary insurance impairs public / public access to know that the object belonging to the debtor is burdened with fiduciary collateral for repayment of debt when the debtor is in default. The online system registration fiduciary legal consequences of creditor rights, that the registration of fiduciary guarantees with an online system, against creditors has guaranteed legal certainty by issuing fiduciary certificates, but does not guarantee legal certainty if it turns out that objects fiduciary collateral have been made public, so what happens is that fiduciary is repeated, even though according to Article 17 of the Fiduciary Guaranty Law, re-fiduciary is prohibited. The occurrence of this re-fiduciary was indeed complained by the notary because of the lack of publicity principles regarding the condition of objects being burdened as fiduciary guarantees
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Ariawan, Hernando, and Maryanto Maryanto. "Consumer Protection Against Forced Withdrawal By Leasing Parties In Fiduciary Guarantee." Law Development Journal 3, no. 3 (August 12, 2021): 505. http://dx.doi.org/10.30659/ldj.3.3.505-512.
Повний текст джерелаАнотація:
The purpose of this research is to analyze consumer protection against forced withdrawals by leasing parties in fiduciary guarantees, constraints on consumer protection against forced withdrawals by leasing parties in fiduciary guarantees, and analyze consumer protection against forced withdrawals by leasing parties in fiduciary guarantees in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice. The results of the study concluded that forced withdrawals were made to the debtor both physically and mentally due to the lack of heeding of the wishes of the leasing party. When the action that has a criminal threat is carried out by leasing, then there is no word for criminal abolition for them, except for certain reasons. The first party should use legal channels, namely through the courts in resolving the problem of default by the second party, so that there is permanent power in confiscation of goods against debtors in the event of bad credit. The use of Fiduciary Guarantees still has several obstacles, including: 1). Fiduciary Guarantee Registration. 2). Guaranteed vehicle withdrawals. 3). Elimination of Fiduciary Guarantee after the debt has been repaid. Consumer protection against forced withdrawals in fiduciary guarantees in the future should continue to be consistent with Act No. 8 of 1999 concerning Consumer Protection (UUPK). The enactment of this law provides hope for the people of Indonesia, to obtain protection for losses suffered by transactions of goods and services. UUPK guarantees legal certainty for consumers.
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Nyambane, David, and Uwimpuhwe Marie Clementine. "Investigating the Impact of Business Development Fund Ltd's Credit Guarantee on Small and Medium Enterprises in Rwanda: A Comprehensive Analysis." IDOSR JOURNAL OF CURRENT ISSUES IN ARTS AND HUMANITIES 9, no. 2 (December 17, 2023): 39–56. http://dx.doi.org/10.59298/idosrjciah/2023/3.3.3300.
Повний текст джерелаАнотація:
In Rwanda, the Business Development Fund Ltd aims to support the initiation, growth, and success of Small and Medium Enterprises (SMEs) by providing credit guarantees, facilitating their access to bank financing. This study explores the efficacy of the credit guarantee fund in stimulating SME growth in Rwanda, particularly within Kigali City. It delves into the accessibility of the BDF Ltd credit guarantee fund for SMEs, assesses its correlation with employment generation, evaluates its influence on SMEs' sales turnover, and analyzes its responsiveness to borrower demands from 2011 to 2013. Employing an explanatory research approach, this study employs a mixed-methods approach, combining qualitative and quantitative methodologies for data collection. A sample of 98 units was selected, utilizing interviews for primary data and document analysis for secondary data. Statistical analysis, including SPSS and tools like Kendall's tau correlation and regression analyses, was employed to scrutinize the relationship between various variables. The findings indicate significant hurdles faced by SMEs in Kigali in accessing the fund, with 95.2% of respondents citing challenges such as prolonged application processes, increased collateral requirements, low bank utilization of the fund, additional bank prerequisites, and perceived inequities. The research reveals a noteworthy positive relationship (r = .37, p <.05, one-tailed) between the guaranteed amount for SMEs in Kigali and employment creation, where an estimated 3,333,333 RWF guaranteed amount predicts the creation of an additional job. Moreover, the study underscores that credit guarantees contribute positively to the beneficiaries' sales turnover and notes that the BDF Ltd has effectively met borrower demands during the 2011-2013 period. This research presents a comprehensive analysis of the impact of credit guarantee funds on SME growth in Rwanda, shedding light on challenges faced by SMEs in accessing these funds and highlighting the fund's substantial role in fostering employment and bolstering sales turnover within the SME sector. Keywords: Business Development Fund Ltd, SMEs, Credit guarantee fund, Kendall's tau correlation, Banks.
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Nurjihad, Nurjihad. "Legal Conformity Between Rahn Tasjily And Fiduciary Guarantee And Obstacles To Implementation In Indonesia." Prophetic Law Review 5, no. 2 (December 1, 2023): 218–39. http://dx.doi.org/10.20885/plr.vol5.iss2.art5.
Повний текст джерелаАнотація:
The focus of this research is to provide solutions for the problem in the implementation of fiduciary guarantees and Rahn Tasjily. Rahn Tasjily is collateral in the form of goods for debts, with the agreement that only legal proof of ownership will be handed over to the recipient of the guarantee (murtahin), while the physical collateral (marhun) remains in the control and use of the guaranteed provider (rahin). This research aims to achieve two objectives: first, to examine the suitability of the fiduciary guarantee with rahn tasjily and second, to analyze the appropriate formulation to ensure the legal conformity of the fiduciary guarantee with rahn tasjily and its implementation in an engagement/transaction in accordance with sharia principles. This is normative legal research with a statutory and conceptual approach. The study concludes that: (1) Rahn Tasjily as regulated in the fatwa of the National Sharia Council of the Indonesian Ulema Council Number 68/DSN-MUI/III/2008 shares similarities or conformity with the provisions of Fiduciary Guarantee (Law No. 42 of 1999 concerning Fudiciary Guarentee). This conformity refers to the conformity between the object/collateral and the proof of ownership, instead of the form of the object. Both are also referred to as an accesoire agreement; (2) In order to ensure the legal conformity between the fiduciary guarantee and rahn tasjily and its implementation as a material guarantee in sharia financing without doubt, the legislators need to make changes to Law Number 42 of 1999 as a way to provide clear arrangements regarding the main engagements to be burdened with fiduciary guarantees, which include: conventional or sharia-based debt or financing agreements.
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Wibowo, Andreas. "Valuing guarantees in a BOT infrastructure project." Engineering, Construction and Architectural Management 11, no. 6 (December 1, 2004): 395–403. http://dx.doi.org/10.1108/09699980410571543.
Повний текст джерелаАнотація:
Host governments often provide guarantees in build‐operate‐transfer (BOT) infrastructure projects to attract private sector investors. Problems arise because the governments often do not know the full extent of contingent liabilities when issuing guarantees, and because they account and record guarantee costs only when guarantees come due. This paper discusses the guarantees' financial impact from the perspectives of the government and the project sponsor. A typical Indonesian BOT toll road project is taken as the case study. Stochastic simulation using Latin Hypercube technique is applied on the cash flow model with and without guarantees. Several types of guarantees including minimum revenue guarantee, maximum interest rate guarantee, debt guarantee, tariff guarantee and minimum traffic guarantee are discussed. Simulation results reveal that guarantees can reduce risk but are not free of cost. If compared with equivalent subsidies, however, some guarantees can be more effective in lessening the extent of project risk.
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Green, Richard K. "Housing Finance Reform: Should There Be a Government Guarantee?" Quarterly Journal of Finance 01, no. 04 (December 2011): 811–22. http://dx.doi.org/10.1142/s2010139211000201.
Повний текст джерелаАнотація:
In 2007 and 2008, the mortgage market failed. It failed in a number of dimensions: Default rates rose to their highest levels since the great depression, and mortgage liquidity ground to a halt. This failure has produced recriminations: Blame has been laid at the feet of borrowers, brokers, lenders, investment banks, investors and government and quasi-government entities that guaranteed mortgages. These recent events have produced an important debate: Whether the U.S. mortgage market requires a federal guarantee in order to best serve consumers, investors and markets. My view is that such a guarantee is necessary. I will divide my argument into four areas: (1) I will argue that the United States has had a history of providing guarantees, either implicit or explicit, regardless of its professed position on the matter. This phenomenon goes back to the origins of the republic. It is in the best interest of the country to acknowledge the existence of such guarantees, and to price them appropriately before, rather than after, they become necessary. (2) I will argue that in times of economic stress, such as now, the absence of government guarantees would lead to an absence of mortgages. (3) I will argue that a purely "private" market would likely not provide a 30 year fixed rate pre-payable mortgage. I think that this is no longer a particularly controversial statement; what is more controversial is whether such a mortgage is necessary — I will argue that it is. (4) I will argue that in the absence of a federal guarantee, the price and quantity of mortgages will vary across geography. In particular, rural areas will have less access to mortgage credit that urban areas, central cities will have less access than suburbs. Condominiums already are treated less favorably than detached houses, and this difference is likely to get larger in the absence of a guarantee.
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Fu, Mingyu, Shuang Gao, and Chenglong Wang. "Safety-Guaranteed Trajectory Tracking Control for the Underactuated Hovercraft with State and Input Constraints." Mathematical Problems in Engineering 2017 (2017): 1–12. http://dx.doi.org/10.1155/2017/9452920.
Повний текст джерелаАнотація:
This paper develops a safety-guaranteed trajectory tracking controller for hovercraft by using a safety-guaranteed auxiliary dynamic system, an integral sliding mode control, and an adaptive neural network method. The safety-guaranteed auxiliary dynamic system is designed to implement system state and input constraints. By considering the relationship of velocity and resistance hump, the velocity of hovercraft is constrained to eliminate the effect of resistance hump and obtain better stability. And the safety limit of drift angle is well performed to guarantee the light safe maneuvers of hovercraft tracking with high velocities. In view of the natural capabilities of actuators, the control input is constrained. High nonlinearity and model uncertainties of hovercraft are approximated by employing adaptive radical basis function neural networks. The proposed controller guarantees the boundedness of all the closed-loop signals. Specifically, the tracking errors are uniformly ultimately bounded. Numerical simulations are implemented to demonstrate the efficacy of the designed controller.
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Muslim, Shohib, Shinta Hadiyantina, Hudriyah Mundzir, Khrisna Hadiwinata, and Dina Imam Supaat. "Reconstruction of Fulfilling the Rights of Domestic Helpers in Employment Relations as a Form of Respect for Human Rights." Yuridika 38, no. 2 (May 1, 2022): 243–60. http://dx.doi.org/10.20473/ydk.v38i2.41214.
Повний текст джерелаАнотація:
The state guarantees welfare for its people, including domestic servants who are guaranteed constitutional rights. However, in statutory regulations, guarantees for legal protection do not apply to domestic workers who work in the informal sector, while domestic workers who work in the formal sector get guaranteed legal protection, as stated in Law No. 11 of 2020 regarding the employment creation cluster. Techniques implemented in research in the form of presentation of concepts, theories and arguments that are useful in studying and analyzing phenomena that occur based on applicable regulations are called normative juridical techniques. Regulations on employment relations norms that place more importance on economic liberalization are listed in Article 1 paragraph 15 and Article 50, where these articles are also the cause of the legal blurring of norms contained in Article 1 paragraph 3. A domestic worker needs a guarantee of legal protection because he has a weak position. The issue of vague norms (vague of norms) contained in Article 1 paragraph 3 is caused by inconsistencies between Article 1 paragraph 15 and Article 1 paragraph 3 and the article that strengthens it, namely article 50, which should implicitly apply to domestic workers.
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Hung, Pham, Bac Hoai Dang, and Ban Tien Nguyen. "SCHEDULING FOR MASSIVE MIMO USING CHANNEL AIGING UNDER QOS CONSTRAINTS." Vietnam Journal of Science and Technology 57, no. 5 (October 8, 2019): 617. http://dx.doi.org/10.15625/2525-2518/57/5/13751.
Повний текст джерелаАнотація:
Massive multiple-input multiple-output (MIMO) networks support QoS (Quality of Service) by adding a new sublayer Service Data Adaption Protocol on the top of Packet Data Convergence Protocol layer to map between QoS flows and data radio bearers. In downlink for Guaranteed Bit Rate (GBR) flows, the gNB guarantees the Guaranteed Flow Bit Rate (GFBR) that defines the minimum bit rate the QoS flow can provide. So, one of the most important requirements is the minimum rate. The channel aiging helps to improve the sum-rate of Massive MIMO systems by serving more users to increase the spatial multiplexing gain without incurring additional pilot overhead. In this paper, a novel scheduler, termed QoS-Aware scheduling, is designed and proposed for Massive MIMO to use the channel aiging to increase the sum-rate but guarantee the minimum bit rate per user to support QoS. We investigate how many users are enough to serve to maximize the sum-rate while keeping the data rate per user meeting a given threshold. Through the numerical analysis we confirmed that QoS-Aware scheduling can guarantee a minimum rate per user and get a higher useful through-put (goodput) than conventional channel aiging schedulers.
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Ruliana, Titin, Ratna Dewi Yanti, Abdurrahman Ahda Naufan, and Jumadi Tukmuly. "Effect of Debt-to-Asset Ratio, Maturity, Guarantees, and Company Size on Bond Ratings in Construction Companies." IJEBD (International Journal of Entrepreneurship and Business Development) 6, no. 6 (November 30, 2023): 1106–13. http://dx.doi.org/10.29138/ijebd.v6i6.2578.
Повний текст джерелаАнотація:
The purpose of this study was to determine and analyze effect of the debt-to-assets ratio, maturity,guarantee, and company size on construction company bond ratings. The population and sample of thisresearch is construction companies that publish complete financial reports from 2014 to 2022. Dataanalysis uses logistic regression analysis. The results showed that: 1) Debt to assets ratio has nosignificant effect on the probability of bond ratings, because investors tend to buy bonds because they seethe company's reputation not from the Debt to Assets Ratio obtained by the company; 2) Maturity has nosignificant effect on bond ratings, because investors tend to buy bonds with ages under 3 years, becausecompanies with maturity under 3 years are able to pay off their obligations to pay the loan principal atmaturity; 3) Guarantees have no significant effect on bond ratings, because investors tend to buy bondsbecause they look at the company's reputation, not from what is guaranteed and not guaranteed to thecompany; 4) Company size has no significant effect on bond ratings, because investors tend to buy bondsnot in terms of company size but from the company's reputation; 5) The debt-to assets ratio, maturity,guarantee, and company size affect bond ratings.
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Zbyrak, T. V. "Legal Guarantees Of Media Independence In Ukraine And The European Union." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 111–18. http://dx.doi.org/10.15330/apiclu.51.111-118.
Повний текст джерелаАнотація:
The article is devoted to the analysis of legal guarantees of media independence in Ukraine and the European Union. The author believes that safeguards are a set of objective and subjective factors aimed at the practical protection of human rights and freedoms, to eliminate any obstacles to their full and proper implementation. The main purpose of the safeguards is to create the necessary conditions for the transformation of the rights and freedoms enshrined in the law from possibilities into reality.
It has been established that press freedom should be regarded as a guaranteed right or a guaranteed opportunity to freely establish, publish, edit, read, distribute, publish, publish and publish print media of your choice.
The author substantiates the division of guarantees of media independence into normative, institutional (organizational) and procedural immunity as a kind of guarantees of media activity. Legal safeguards include a set of legal norms that ensure the realization and protection of a set of rights that are included in the notion of media freedom. Constitutional guarantees of media freedom are an integral feature of a democratic media system. Guarantees of independence of the broadcasting regulatory bodies are provided first and foremost by the system of their formation.
The author has determined that additional measures are necessary to eliminate the restrictions that impede the strengthening and development of the information industry, its infrastructure, providing real support to the activities of journalists and providing specific rules for their protection, expanding the possibilities for access of citizens through this network to information submitted in foreign printed media. media, etc. The guarantee of media independence is also the establishment of disciplinary, civil, administrative or criminal liability.
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Sari, Kiki Novita, and Muhammad Kabir Rifa. "Pengaruh Kualitas Pelayanan Terhadap Tingkat Kepuasan Masyarakat di Kota Kendari." lab 7, no. 01 (June 25, 2023): 41–54. http://dx.doi.org/10.33507/lab.v7i01.1196.
Повний текст джерелаАнотація:
Services are economic activities that involve interactions between consumers or property, but ownership of these goods does not move. Services are basically individual or group activities offered to consumers to use their services that are intangible and cannot be owned. Guarantee is the activity of providing guarantees by the guarantor for the fulfillment of guaranteed financial needs or obligations to the guarantee recipient. A guarantee company is a legal entity engaged in finance with the main business activity of providing guarantees. One of the guarantee companies, namely PT. Indonesian Credit Guarantee or PT. JAMKRINDO. Researchers feel interested and want to know the services provided by the guarantee company to the satisfaction of the Kendari city community, especially the service users of PT. JAMKRINDO Kendari Branch. The purpose of this study was to determine the quality of service on the level of satisfaction of the Kendari city community who used the services of PT. JAMKRINDO Kendari Branch. This research uses descriptive quantitative research. The technique used to collect data in this study was by distributing questionnaires given to a sample of the population of service users of PT. JAMKRINDO Kendari Branch. The research method used in this study is multiple linear regression analysis with the help of IBM SPSS 25 software. The results of this study are (1) the quality of service partially has a significant influence on community satisfaction which consists of indicators, namely physical evidence, reliability, responsiveness, assurance, and empathy. It is known by the results of the t-test, namely the indicator has a value of Tcount > Ttable (2) The quality of service simultaneously has a significant influence on community satisfaction. It is known from the F test which has the value of influencing people's satisfaction. Service quality has a significant influence on community satisfaction of 69.9%.
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Febriana, Anggita, Albertus Sentot Sudarwanto, and Andina Elok Puri Maharani. "Legal Problems The Implementation Of Credit Agreements With Fiduciary Guarantees." International Journal of Educational Research & Social Sciences 4, no. 1 (February 27, 2023): 234–39. http://dx.doi.org/10.51601/ijersc.v4i1.582.
Повний текст джерелаАнотація:
This look at targets to analyze the legal problems with the implementation of Credit Agreements, especially in relation to the credit using fiduciary guarantees as collateral. Financing institutions use Credit Agreements that are included in the Standard Agreement. Because credit is a business activity of financial institutions, in this case it is a bank, in order to achieve a national balance in distributing funds to the public. In carrying out its function, banks as financial institutions provide credit, therefore the provisions of the Guarantee Law are intended to help business activities both macro and micro, as well as create legal certainty for stakeholders. To achieve the goal of obtaining legal certainty regarding Credit Agreements with Fiduciary Guarantees, This study uses an empirical legal approach method, and the research specifications are descriptive analytical.This study produced a data, namely it was concluded that Fiduciary Guarantee is a form of guarantor by the debtor at his request, in order to guarantee the repayment of credit debts, movable objects become the object of guarantee in this study. The Supplementary Agreement or what is often referred to as the Accesoir of the Principal Credit Agreement can be guaranteed by the Fiduciary Guarantee, while the charge is made in the form of a notarized, by guaranteeing legal certainty so that it needs to be Register with the Trustee Registration Authority and apply for issuance of a Trustee Certificate to gain enforcement powers. The obstacle arises when defaulting by the debtor, with various causes and factors. Sometimes execution efforts are made to save credit that has been channeled by financing institutions, especially banks, but in practice there are many obstacles, including in executing the object of the guarantee that is not found, has changed hands or is controlled by others, so that execution in the form of auctioning fiduciary objects is difficult to do.
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Owolabi, Hakeem, Lukumon Oyedele, Hafiz Alaka, Muhammad Bilal, Saheed Ajayi, Olugbenga Akinade, and Alirat Agboola. "Stimulating the attractiveness of PFI/PPPs using public sector guarantees." World Journal of Entrepreneurship, Management and Sustainable Development 15, no. 3 (October 22, 2019): 239–58. http://dx.doi.org/10.1108/wjemsd-05-2018-0055.
Повний текст джерелаАнотація:
Purpose Although the UK Guarantee Scheme for Infrastructures (UKGSI) was introduced in 2012 to address the huge financing gap for critical infrastructures, PFI sponsors have so far guaranteed only few projects. Many stakeholders in the project finance industry have blamed this situation on lack of general understanding of strategies for harnessing the benefits of the government guarantee scheme. The purpose of this paper is to investigate the perspectives of UK’s PFI/PPP stakeholders on critical factors influencing approval for government guarantees using the UKGSI as a focal point. Design/methodology/approach Using a mixed methodology approach, this study identified 26 important criteria used in evaluating government guarantee applications through focus group discussions with PFI stakeholders. The identified criteria were then put in questionnaire survey to 195 respondents within the UK PFI/PPP industry. Findings Through factor analysis, five critical factors determining successful government guarantee application were unravelled. These include: compliance with UK National Infrastructure Plan; demonstration of project bankability and risk management; value for money; proof of projects’ dependence on government guarantee; and certainty of planning commission’s approval. Originality/value Results of this study will facilitate an in-depth understanding of critical factors necessary for accessing government guarantee scheme for PFI/PPPs, while also improving the bankability of potential PFI projects.
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Wirtz, Jochen, and Doreen Kum. "Designing service guarantees – is full satisfaction the best you can guarantee?" Journal of Services Marketing 15, no. 4 (July 2001): 282–99. http://dx.doi.org/10.1108/eum0000000005507.
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Chang, Chuang-Chang, San-Lin Chung, and Min-Teh Yu. "Loan guarantee portfolios and joint loan guarantees with stochastic interest rates." Quarterly Review of Economics and Finance 46, no. 1 (February 2006): 16–35. http://dx.doi.org/10.1016/j.qref.2003.07.004.
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Lee, Sun Hee, and Sang-Kyum Kim. "A Constitutional Study on the Guarantee of Human Dignity and Housing." Korean Public Land Law Association 101 (February 28, 2023): 465–89. http://dx.doi.org/10.30933/kpllr.2023.101.465.
Повний текст джерелаАнотація:
Humans are dignified not because they are human, but because they are humane. To be human, you must have dignity as a human being. Human dignity refers to the evaluation of human beings based on their character. Regarding human dignity, the Constitution stipulates human dignity and value in Article 10 and guarantees them as basic rights. Human dignity and value as stipulated by the Constitution refers to human dignity, which refers to the evaluation of human beings as independent individuals. Human dignity is the highest value and the highest principle in the Constitution. In human dignity, human beings are not isolated subjective individuals, but are meant to recognize the independent value of individuals in a community, and human beings in the relationship between humans and the national community. The human dignity guaranteed by the Constitution is an objective standard, which means the goal and task of the state to realize it. Human dignity under the Constitution is not only an individual right, but also a task and duty of the state. In order for human beings to be dignified, the guarantee of humanity based on personality must be premised. The Constitution stipulates the right to lead a humane life in Article 34, Paragraph 1 as social rights. The constitutional right to live a humane life can be specifically guaranteed to the state through the duty to promote social security and social welfare. Human dignity under the Constitution should be seen as guaranteed on the premise of human life. If a human life means living like a human being. The basics of human life can be said to be the solution to food, clothing, and shelter. Food, clothing and shelter are basic conditions for human beings to lead a life in a national community. In terms of food, clothing and shelter, the guarantee of housing life is different from food and clothing, and economic ability is required. Korea enacted the Housing Act to guarantee the right to housing as a right. However, the right to housing is a condition to guarantee human dignity for a human life, but it is not guaranteed unconditionally. Since the guarantee of the right to housing means a guarantee in residential life, it is necessary to guarantee a humane life. The Constitution does not explicitly stipulate the right to housing. However, internationally, the right to housing is recognized as a human right, and the view to view the right to housing as a fundamental right under the Constitution is spreading. However, there is still controversy over whether the right to housing can be a fundamental right. Nevertheless, a more practical guarantee is needed in that efforts to guarantee the right to housing
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Subekti, Subekti, Dudik Djaja Sidarta, Siti Marwiyah, Suyanto Suyanto, and Nazli Bin Ismail. "The Government Legal Warranty for Consumers in The Purchase of Property in Indonesia." SASI 29, no. 4 (October 30, 2023): 667. http://dx.doi.org/10.47268/sasi.v29i4.1681.
Повний текст джерелаАнотація:
Introduction: The sale and purchase of houses between developers and buyers often result default, which detrimental to consumers. The state has issued various policies regarding buying and selling houses and legal guarantees for buying and selling houses, but violations still occur and there is no legal guarantee from the state but must be resolved through litigation.Purposes of the Research: The purpose of this study is to analyze and find problems with house sale and purchase contracts based on the Sale and Purchase AgreementMethods of the Research: The method used in this research is normative juridical. The research used is library research. The basis used in this research is the juridical basis consisting of Law Number 1 of 2011, GovernmentRegulation Number 12 of 2021. Results of the Research: When the state issues permits to operate housing to developers, the state has provided a legal guarantee to protect its people. Due to the guarantees that have given by the Government through statutory regulations and consumers following the instructions, they are guaranteed to receive legal protection from the state, State Administrative Officials, in terms of granting permits they have gone through applicable legal procedures, if it is proven otherwise then the government must be responsible for the decision. State Administration. However, if there is a violation of the law by the developer, it will difficult for home buyers to claim losses. Experienced, meaning that at the implementation level there is no guarantee for buyers from the state.
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Günlü, Onur, Rafael F. Schaefer, and H. Vincent Poor. "Quality of Security Guarantees for and with Physical Unclonable Functions and Biometric Secrecy Systems." Entropy 25, no. 8 (August 21, 2023): 1243. http://dx.doi.org/10.3390/e25081243.
Повний текст джерелаАнотація:
Unique digital circuit outputs, considered as physical unclonable function (PUF) circuit outputs, can facilitate a secure and reliable secret key agreement. To tackle noise and high correlations between the PUF circuit outputs, transform coding methods combined with scalar quantizers are typically applied to extract the uncorrelated bit sequences reliably. In this paper, we create realistic models for these transformed outputs by fitting truncated distributions to them. We also show that the state-of-the-art models are inadequate to guarantee a target reliability level for all PUF outputs, which also means that secrecy cannot be guaranteed. Therefore, we introduce a quality of security parameter to control the percentage of the PUF circuit outputs for which a target security level can be guaranteed. By applying the finite-length information theory results to a public ring oscillator output dataset, we illustrate that security guarantees can be provided for each bit extracted from any PUF device by eliminating only a small subset of PUF circuit outputs. Furthermore, we conversely show that it is not possible to provide reliability or security guarantees without eliminating any PUF circuit output. Our holistic methods and analyses can be applied to any PUF type, as well as any biometric secrecy system, with continuous-valued outputs to extract secret keys with low hardware complexity.
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Silveira Gorski, Hector Claudio. "The Right to Food between the Justiciability and the Public Sphere." Age of Human Rights Journal, no. 15 (December 15, 2020): 263–75. http://dx.doi.org/10.17561/tahrj.v15.5826.
Повний текст джерелаАнотація:
Basic food must be guaranteed by States as a fundamental right of all people. In this article we defend the hypothesis that the path of justiciability is insufficient to achieve full recognition of the right to food as a fundamental social right. A strong and active public sphere is needed to address the obstacles to this recognition today. Some of them are actually related to the inherited legal culture. And, on the other hand, that promotes the creation of new institutions to guarantee social rights. The constitutional State needs a "fourth estate" that guarantees fundamental rights and protects the common good from private powers.
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Ismayani, Ismayani, and Muhlizar Muhlizar. "Execution Guarantee Fiduciary Consequence Debtor Default on Agreement Credit." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 1 (March 16, 2024): 466. http://dx.doi.org/10.31941/pj.v23i1.3671.
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<em>The result of the reformulation of the ideal of legal certainty is that there is a conflict regarding the meaning of legal certainty between debtors and creditors. Based on the definition of legal certainty according to Utrecht, debtors and creditors in practice cannot yet understand the limits of permissible and prohibited acts and there is still legal insecurity which causes arbitrariness. Many debtors are still embezzling fiduciary collateral objects, while many creditors are also carrying out forced withdrawals of fiduciary collateral objects. This analysis method uses a qualitative approach, namely to analyze the data used for normative aspects with a descriptive analysis method, namely describing the data in as much detail as possible regarding individuals and other symptoms. The aim of this method is to obtain and provide an overview of the data that has been obtained and relate them to each other with the aim of obtaining the truth. The fiduciary guarantee deed at least contains information regarding the identity of the parties entering into the fiduciary guarantee agreement, including the day, date and time. making a deed, data on the main agreement that is guaranteed by fiduciary, a description of the building which includes identification of the building and an explanation of the proof of ownership, the value of the guarantee and the value of the object that is the object of the fiduciary guarantee (Article 6 of Law No. 42 of 1999 concerning Fiduciary Guarantees). Moving on from this phenomenon, the author is interested in discussing this problem with the topic of the problem: What legal violations occurred in the practice of executing fiduciary guarantee objects after the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantees. If the object of the collateral is a movable object, it can be bound by a fiduciary agreement. The success or failure of this form of fiduciary guarantee depends solely on the bona fides and good faith of the debtor.</em>
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Jeon, Gyeahyung. "Default Risk Factors for Loans Guaranteed by the Local Credit Guarantee Foundation." Asia Pacific Journal of Samall Business 44, no. 1 (March 31, 2022): 93–118. http://dx.doi.org/10.36491/apjsb.44.1.4.
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Khudair, Najm, and Fahd Khalaf. "Issues Related to rape – A study and an Investigation." Islamic Sciences Journal 11, no. 9 (March 9, 2023): 103–27. http://dx.doi.org/10.25130/jis.20.11.9.5.
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ABSTRACT
After studying and researching the matter, it became clear to us that rape is two-fold: what sin is not related to. The second: What is a sin related to. Any one who uses an animal other than his own without permission, he is a guarantor, except in some cases. Likewise, the fatwa guaranteeing the endowment. Likewise, whoever behaves with another slave and the slave perished will be a guarantor in this case, as well as whoever rape something, he guarantees it if he is homosexual, Sheikhs have spoken about knowing the decrease. And the separated as well as the connected increases of the violated person, are not guaranteed, except by damage or prevension Also, there is no need to guarantee anything without stinginess according to Abu Hanifa - may God rest his soul - And Ahmad, and he gives up the benefits of preparing for exploitation, endowment, orphan's money by guarantee, and others assuredly.
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Xie, Mingyan. "The Influence of Implicit Guarantee on the Yield Spread of China’s Quasi-municipal Bond." Highlights in Business, Economics and Management 10 (May 9, 2023): 57–64. http://dx.doi.org/10.54097/hbem.v10i.7931.
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Local government debts are an important part of the bond market. This paper mainly investigates the risk that the implicit guarantee brings to the market of quasi-municipal bonds. The implicit guarantee comes from local government financing vehicles (LGFVs), which are the finance entities for the local government, issue quasi-municipal bonds. Because people are potentially thought these bonds are guaranteed by the local government, the funding cost of quasi-municipal bonds is lower than other bonds. However, some local government's ability to pay back the investors' money is weak which causes some high-rated quasi-municipal bonds to default and triggers many defaults, which, along with the local government's mounting debt, may make investors more concerned about its capacity to repay the loan in the event of default. Therefore, China's central government then issues some policies to reduce the effectiveness of implicit government guarantees, trying to make the quasi-municipal bonds turn to become more marketize and contain less guarantee. In this paper, the author initially tries to demonstrate that the implicit guarantee reduces the yield spread of quasi-municipal bonds. Then, the author argues that the issue of relevant policies lessens the implicit guarantee and increases the marketability of quasi-municipal corporate bonds. Lastly, the author tries to show that different administrative levels of LGFVs will affect the yield spread of the bond.
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Dodson, Charles. "Bank size, lending paradigms, and usage of Farm Service Agency's guaranteed loan programs." Agricultural Finance Review 74, no. 1 (April 29, 2014): 133–52. http://dx.doi.org/10.1108/afr-01-2013-0002.
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Purpose – An established paradigm in small business lending is segmented by bank size with large banks more likely to lend to large informationally transparent firms while small banks are more likely to lend to small informationally opaque firms. In light of banking consolidation, this market segmentation can have implications for credit availability. Federal loan guarantees, such as those provided by USDA's Farm Service Agency (FSA) may reduce the risks of lending to informationally opaque firms thereby mitigating the impacts of the bank size lending paradigm. This paper aims to discuss these issues. Design/methodology/approach – This analysis utilized a binomial logit procedure to determine if there was any empirical evidence that smaller community banks served a unique clientele of farmers when making FSA-guaranteed loans. The analysis relied on a unique data set which incorporated detailed data on farm businesses receiving FSA-guaranteed loans, loan characteristics, as well as information about the originating bank and characteristics of the local credit markets. Findings – Results were consistent with the bank size lending paradigm with smaller banks being less likely to engage in fixed-asset lending, and more likely to serve a riskier and less established clientele when making guaranteed loans. Research limitations/implications – Data limitations did not permit detailed analysis of banks larger than $250 million in total assets nor for consideration of non-bank lenders. An expansion by these lender groups into serving more informationally opaque borrowers could mitigate any adverse impacts arising from fewer small community banks. Practical implications – The results suggested that Federal guarantees do not completely eliminate the relative informational advantages of large and small size banks. And, continued bank consolidation, such that there are fewer small community banks, could result in less credit availability among smaller, less creditworthy farm businesses. Social implications – While FSA guarantees may not enhance a large banks propensity to serve informationally opaque farm borrowers, they may enhance the ability of smaller community banks to serve groups specifically targeted through FSA lending programs; the provision of credit to family farmers who, despite being creditworthy, are unable to obtain credit at reasonable rates and terms. Originality/value – The analysis examines relationship between bank size and the use of FSA guarantees using a unique data set which incorporated information on FSA-guaranteed loans, farm financial characteristics, along with characteristics of commercial banks which participated in the FSA-guarantee program.
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Krahlevych, Vyacheslav. "THE DEPOSIT GUARANTEE FUND OF UKRAINE: TOWARDS EU STANDARDS OF RIGHTS PROTECTION." Access to Justice in Eastern Europe 5, no. 4 (October 18, 2022): 1–11. http://dx.doi.org/10.33327/ajee-18-5.4-n000430.
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Abstract An effective deposit insurance system is commonly considered the strongest instrument for increasing confidence in banking systems, as well as for encouraging private investments in banking services. In developing relevant legislation and institutions in line with EU standards, Ukraine will ensure that its deposit guarantee system can be integrated with that of the EU. In light of the relevant legislation, we examine the EU’s deposit guarantee system in general and with regard to its particular characteristics, namely: insured entity, compensation amount, legal terminology, and financing. Then, we compare those characteristics to those of Ukraine and assess the necessity and priority of their development. As a result, we first emphasise that individual entrepreneurs and legal entities, as well as individual entities, must be insured under the Deposit Guarantee Fund. Second, we argue that the current state compensation amount for deposits in case of bank insolvency is insufficient and suggest that it must be revised and increased. Third, we draw attention to the fact that Ukrainian banking and deposit guarantee legislation must be revised and integrated with relevant European legal terminology. Finally, we also analysed the particular aspects of financing for the European deposit guarantee system, especially the various means of investing free funds in the deposit guarantee system, which we thought could be useful to implement in Ukraine. Our results suggest distinct legislative and other empirical measures needed to improve the Ukrainian deposit guarantee system and generally consolidate it with that of the EU. Background: The deposit insurance system provides insurance for the deposits of individuals who have entrusted their money to banks. In the event of the insolvency of a banking institution, the deposit insurance system, to a greater or lesser extent, guarantees the payment of deposits to that institution’s clients and protects the rights of other creditors involved in the insolvency proceedings. As a result of the banking sector crisis in Ukraine during 2014-2017, almost 100 banks were classified as insolvent. Therefore, the Deposit Guarantee Fund of individuals was subject to a huge burden, which exposed several problematic issues related to the protection of depositors’ rights. Methods: To obtain reliable and valid conclusions, the author used comparative and analytical methods of research. These methods consist of the analysis and comparison of the provisions of EU and Ukrainian legislation in the field of the protection of depositors’ rights. Results and Conclusions: The Ukrainian deposit guarantee system has significant differences from the relevant European system. First and foremost, this concerns the amount of guaranteed compensation for deposits in Ukraine. The author concludes that this deposit coverage amount was not reviewed during the period from 2012 to 2022, which does not contribute to the interest of depositors in keeping money in banking institutions. However, on 1 April 2022, during the period of martial law, Ukraine adopted Law No. 2180-IX ‘On Amendments to Certain Laws of Ukraine on Ensuring the Stability of the Deposit Guarantee System for Individuals’, which provides a full guarantee of individuals’ deposits during martial law and three months after its termination, as well as increases the guaranteed deposit compensation to UAH 600,000. These changes will have positive consequences for depositors, but the author points out that in the context of these legislative changes, the state should provide support to the Deposit Guarantee Fund by writing off interest arrears to the Ukrainian Ministry of Finance, which has emerged due to the banking crisis in 2014-2017. In addition, to preserve the liquidity of banks’ assets, the author proposes to ensure that the Fund starts preparing banks for the management of their assets by evaluating and monitoring their status. Furthermore, the author emphasises the need for the harmonisation of the Ukrainian banking legislation with the requirements of Directives 2014/49/EU and 2014/59/EU. For this purpose, the guaranteed amount of reimbursement should be gradually increased to the equivalent of EUR 100,000, and guarantees should be extended to depositors who are legal entities. The relevant legislation must also be amended so that its terminology corresponds with that of the EU, the Deposit Guarantee Fund participants must be included in other credit institutions, and the Deposit Guarantee Fund must guarantee legal entities’ deposits.
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Yuniarto, Efran. "Alternative Resolution of Legal Vacances Guarantee of Aircraft Particularly Aircraft and Helicopters for The Interests Of Creditors In Indonesia." International Journal of Business, Law, and Education 4, no. 2 (February 2, 2024): 1530–36. http://dx.doi.org/10.56442/ijble.v4i2.411.
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Since the enactment of Law Number 1 of 2009 concerning Aviation, replacing Law Number 15 of 1992, there has been a legal gap regarding guarantees for airplanes and helicopters in Indonesia, leaving creditors unprotected. While foreign creditors benefit from charges for international interests on aircraft, such as Irrevocable Deregistration and Export Request Authorization (IDERA), domestic creditors are left facing unjust conditions. To address this issue and provide legal certainty for creditors in Indonesia, one alternative is to use the provisions of the material guarantee law, including the use of guaranteed institutions like Fiduciary, and to reconstruct existing laws to allow for the granting of material security rights in the form of mortgages.