Monday, October 5, 2009

ARTIKEL EKSPOR IMPOR INDONESIA

Before discussing the problem of exports and imports of Indonesia, this artikel first will discuss the definition of exports and imports and its impact on Indonesia's economy.

Export is the process of transportation of goods or commodities from one country to another country legally, generally in the trade process. Export process in general is an act to remove the goods or commodities from the country to put it another country. Exports of goods generally requires the intervention of customs at the sender and recipient countries. Exports are an important part of international trade, the opposite is imported (Indonesian From Wikipedia, the free encyclopedia)

Import is the process of transportation of goods or commodities from one country to another country legally, generally in the trade process. The process is generally an act of imports of goods or commodities entering from other countries into the country. Imports of goods generally requires the intervention of customs at the sender and recipient countries. Imports are an important part of international trade, the opposite is the export (Indonesian From Wikipedia, the free encyclopedia)

CONDITION OF EXPORT INDONESIA

Preferential treatment for the Indonesian exports have intensified since 1983. Since then, exports to the attention of accelerating economic growth along with changing the strategy of industrialization, the emphasis on import substitution industrialization to export promotion industries. Domestic consumers buying imported goods or foreign consumers to buy domestic goods, to be something very unusual. Very sharp competition among different products. In addition to price, quality or quality of goods into the determinants of competitiveness of a product.
Cumulatively, the value of Indonesian exports from January to October 2008 reached USD118, 43 billion or 26.92 percent increase compared to the same period in 2007, while non-oil exports reached USD92, 26 billion, an increase of 21.63 percent. Meanwhile, according to sector, exports of agricultural, industrial, and other mining products and the period increased respectively 34.65 percent, 21.04 percent and 21.57 percent over the same period the previous year.

As well during this period, exports of 10 classes of goods contributed 58.8 percent of the total non-oil exports. Tenth class is, animal fats and vegetable oils, mineral fuels, machinery or electrical equipment, rubber and rubber goods, machinery or mechanical appliances. Then there ore, crust, and the gray metal, paper or cardboard, not knitted apparel, wood and articles of wood, and tin.

During the period from January to October 2008, exports from these 10 groups of goods contributed 58.80 percent of the total non-oil exports. In terms of growth, 10 groups of goods exports increased 27.71 percent over the same period in 2007. Meanwhile, the role of non-oil exports outside the 10 classes of goods in January-October 2008 of 41.20 percent.

Japan was still the largest export destination with a value of USD11, 80 billion (12.80 percent), followed by the United States with a $ 10 value, 67 billion (11.57 percent), and Singapore to the value $ 8, 67 billion (9.40 percent ).

The role and development of Indonesian non-oil exports by sector for the period January to October in 2008 compared to the year 2007 can be seen on. Exports of agricultural products, industrial products and mining and other products each increased 34.65 percent, 21.04 percent and 21.57 percent.

Viewed from its contribution to overall exports from January to October 2008, the contribution of industrial products exports amounted to 64.13 percent, while the contribution of exports of agricultural products amounted to 3.31 percent, and the contribution of mining exports amounted to 10.46 percent, while the contribution of oil and gas exports amounted to 22.10 percent.

Although the overall conditions improve and Indonesia exports increase, no doubt since the global financial crisis, the condition of Indonesia's exports to decline. Call it the export of September that had decreased to 2.15 percent or $ 12, 23 billion when compared with August 2008. However, a year-on-year increase of 28.53 percent.

INDONESIA IMPORT CONDITIONS

Import situation in Indonesia was always considered good, because according to the group the use of goods, the role of imports for consumer goods and raw materials / auxiliary during October 2008 has decreased compared to the previous month respectively from 6.77 per cent and 75.65 per cent to 5, 99 per cent and 74.89 per cent. While the role of capital goods imports increased from 17.58 percent to 19.12 percent.

While views of the role of the total Indonesian non-oil imports during January-October 2008, the engine per airplane mechanic gives the biggest role of 17.99 percent, followed by machinery and electrical equipment for 15.15 per cent, iron and steel of 8.80 per cent, vehicle and share of 5.98 per cent, organic chemicals by 5.54 percent, plastics and plastic goods by 4.16 per cent, and articles of iron and steel of 3.27 percent.

In addition, the following three classes of goods imported to the role of under three percent of the fertilizer by 2.43 percent, 2.39 percent for cereals and cotton of 1.98 percent. The role of imports of ten major groups of goods reached 67.70 percent of total non-oil imports and 50.76 percent of total imports overall.

The latest data shows that during the October 2008 non-oil import value Bonded Zones (KB / duty-free area) is $ 1, 78 billion. The number is experiencing a deficit of USD9, 3 million, or 0.52 percent compared to September 2008.

Meanwhile, the total value of Indonesian non-oil imports during that period for USD64, 62 billion or 76.85 percent came from 12 major countries, namely China for $ 12, 86 billion or 15.30 percent, followed by Japan for $ 12, 13 billion (14 , 43 per cent). Singapore next play 11.29 percent, the United States (7.93 percent), Thailand (6.51 percent), South Korea (4.97 percent), Malaysia (4.05 percent), Australia (4.03 percent), Germany (3.19 percent), Taiwan (2.83 percent), France (1.22 percent), and the United Kingdom (1.10 percent). Meanwhile, Indonesia's import from ASEAN reached 23.22 percent and from 10.37 per cent of the European Union.
READ MORE - ARTIKEL EKSPOR IMPOR INDONESIA

ARTIKEL SISTEM TEKNOLOGI INFORMASI AKUNTANSI

This artikel examine about Sistem Teknologi Informasi Akuntansi.
When computers and information technology components are combined in Accounting Information Systems, no major activity is added or deleted. Accounting Information System remain collecting, processing, and storing data. It produces reports and other information.

Accounting Information Systems combines control of the counting data from beginning to end. However, computerized system of accounting information systems often change the characteristics of the activity. Data should be collected by using a special gauge, sometimes committed by accounting employees.

In some cases, often the source documents are sometimes lost. Most, but not all, stages of data processing occur automatically. The resulting output is clean and simple, consisting of different variations. In addition, the output can be distributed to other customers by contacting the local network that has connected with microcomputers.
The increase in data processing is necessary to implement the provision of computer technology:

  1. Transaction processing and other data more quickly.
  2. The accuracy of calculation and comparison of data better.
  3. Processing costs are less expensive for all transactions.
  4. More time to prepare reports and other data.
  5. More data storage space is short, with better access when needed.

Currently, many business transactions are transmitted through various types of electronic remote network. It could be a network of smaller networks that involve only a few computers in a specific business scope, or a very large network covering the entire earth. Whatever, the electronic network is a group of computers that connect electronically. Connection allows the company to comfortably assemble transaction data and distributing information to various locations that are physically

There are times when the network is classified in accordance with the scope of the network range. Netwok Local Area (LAN) is a network at a specific allocation, as in a building or group of buildings located adjacent to each other. Metropolitan Area Network (MAN) is a network that is in a particular city or metropolitan area. Wide Area Network (WAN) is a computer network that includes at least two metropolitan areas.

From the perspective of partikal, the main difference between the three levels of the network is the data stream that flows in the network. Associated with the hardware technology, the flow of data will flow faster through the Local Area Network and will be later than the Wide Area Network. But from the standpoint of accounting transaction processing, data flow differences are not too important.

In the past, each type of network has a certain type of hardware and certain software standards as well. In practice, every computer vendor provides standards different. As a result, at that time, the company prefers to communicate with other companies using the computer instead of letters. But the Internet has enabled the existence of a universal communication standard for all networks, and technology available today allows any type of computer in every type of jarinagn to exchange information with other computers around the world, with very easy and convenient.

The Internet is eleltronik line consists of various standards and protocols that enable computers in any location to communicate with each other. One of the best ways to describe the Internet is explain the history of the Internet itself. An early version of the Internet practically invented the cold war era, when the U.S. government to find means to maintain military communications during a nuclear war.

Various protocols and technologies related to the Internet has been so popular that many companies adopt the protocol and technology by means of internal communication within the company LAN. This phenomenon gave birth to the Internet in-house, known as intranets.

For those who are in the company, an intranet will appear as part of the Internet. In a sense, an organization's employees can access corporate information repository in the same way they use to access local information anywhere on the Internet. The only difference is the intranet can not be seen or not available to parties outside the company. Or another alternative, some or all parts of the intranet can also be available to parties outside the company, after the intranet to be registered.

One variation of the intranet is the extranet. Extranet is intarnet of two or more firms are connected into one. Common extranet connect to a corporate intranet intranet intranet supplier or customer company.
READ MORE - ARTIKEL SISTEM TEKNOLOGI INFORMASI AKUNTANSI

DRIVERS DAN METRICS DALAM RANTAI PASOKAN|PAPER

This paper examine about DRIVERS DAN METRICS DALAM RANTAI PASOKAN.
In understanding how companies can improve supply chain performance in the ability to respond and efficiency, it must examine the triggering of the supply chain include:

1. Facilities (facilities)
This triggers an actual physical location in supply chain network in which the product is stored, processed, and manufactured. Two main types: the production and storage. The debate about the role, location and capacity of the facility fleksibitas have a significant impact on supply chain performance.

2. Inventories
These triggers include all raw materials, goods in process and finished goods in the supply chain. Changing the inventory policy, can alter the efficiency and ability to react company.

3. Transportation
This trigger is required to move supplies from one point to another in the supply chain. Transportation can be various combinations of ways and channels with their respective characteristics.

4. Information
This trigger consists of data and analysis of facilities, supplies, transportation, cost, price, and customers, in the supply chain. Most capable of information in the supply chain performance because it has a direct impact on each trigger and also help in improving management of supply chain opportunities and thus more efficient.

5. Resources
This triggers a choice of who / part of the supply chain activities to be used as production, storage, transportation, or management information. In the strategic level, this decision to decide whether the company's performance or whether the functions that are outsourced by the company. Decisions relating to these triggers, impact on the ability to respond and efficient supply chain companies.

6. Pricing (pricing)
These triggers determine how much the company will issue a price for goods and services contained in the supply chain. Impact on the pricing behavior of buyers of goods and services, thus can have an impact on supply chain performance.

Of each of these supply chain triggers, triggers interact with other supply chain to determine the level of response capability and efficiency of the company. As a result, this triggers the structure to determine if and how the impact on supply chain performance.

Triggers Compilation Framework
To be successful, companies must develop a good combination of the three logical and three cross-functional triggers. For each trigger, supply chain managers must make trade-off between efficiency and the ability to react, based on the interaction with other triggers. This combination affects the trigger and then determine the ability to respond and benefit the entire supply chain.

Most firms, starting with competitive strategy and then decide whether the supply chain strategy that will be used. This supply chain strategy determines how the supply chain should make the company easier and more efficient action.

Facilities
Role in the supply chain, the facility is located where the supply chain. With the facilities, supplies can be changed both in the manufacturing process and stored.
In a competitive strategy, the role of the facility is a key trigger of the supply chain performance capability and efficiency to respond.

The decision in the facility will help the company's success strategy. Components of the facility's decision must be analyzed in the form of role, location, capacity, and facilities associated with the metrics.

Inventories
Inventories in the supply chain is a meeting between demand and supply. Role in the supply chain increase the number of requests that can be filled with a product that is ready and there when customers need it. Another significant role is in reducing costs by economies of scale that existed during the production and distribution.

Inventories can be raw materials, goods in process and finished goods. Inventory is a source of major costs in the supply chain and has a major impact on the company kemempuan respond. Meanwhile, the role of inventories in the competitive strategy is to support the company's competitive strategy.
Components of inventory decisions that need to be analyzed in the form of cycle inventory, safety stock, seasonal inventory, production ability levels, and inventory-related metrics.

Transportation
Transportation to move products between different places in the supply chain. Just like other triggers, transportation also has a big impact for the ability to respond and the efficiency of the company. More rapid transport supply chain causes more rapid response but not more efficient. Types of transportation companies can also affect the supply and location of facilities in the supply chain.

Role in the company's competitive strategy is to describe the state of the company regarding the consideration would target the needs of customers. If companies want a competitive strategy of target customers with the level of demand that has a high response and the customer also has a high ability to pay the transportation company should use as a trigger to better respond to supply chain.
Component of transportation decisions that need to be analyzed in the form of transportation network design, choice of means of transportation, and transportation-related metrics.

Information
Information is affecting every part of the supply chain. Provides information or service relationship between the various parts of the supply chain, so as to coordinate and maximize the total supply chain profitability. Information is also important in the operation of each part of the supply chain.

The role of information in competitive strategy in a company used to make these companies respond faster and more efficiently. Rapid growth in the importance of information technology is evidence of the impact of information that can grow the company.
Components decisions that need to be analyzed information in the form of push vs. pull, coordination and sharing of information, forecasting and comprehensive planning, technology that enables and information related to metrics.

Resources
Resource is a set of business processes required in the purchase of goods and services. Managers must first decide which tasks will be outsourced and that will be done by the company itself.
Its role in competitive strategy is very important that the level of efficiency and ability to respond to that will be received by the supply chain. In some examples of companies to outsource to respond if the 3 parts are too expensive in developing unuk company's ability to respond.
Components of resource decisions that need to be analyzed in the form of in-house or outsourced, supplier selection, procurement, resource-related metrics.

Pricing (Pricing)
Pricing is a process in which firms decide how much to charge customers for goods and services produced by the company. Impact on the pricing segment of customers who choose to buy the product, as well as customer expectations. This directly affects the supply chain to respond to the same level as the nature of demand in the supply chain.

The role of pricing in competitive strategy of targeting customers. This resulted in the importance of companies to develop supply chains that can bring together two different needs.
Components of pricing decisions that need to be analyzed in the form of pricing and economies of scale, everyday low pricing vs. high-low pricing, fixed price versus menu pricing, and pricing-related metrics.

Barriers achieving strategic fit
The key to achieving strategic fit is the company's ability to find a balance between the ability to respond and the efficiency that brings the needs of target customers. This decision should be allocated in the responsiveness spectrum where companies are faced with many obstacles.

These obstacles can increase the company's difficulties in creating the ideal balance, but on the other hand these obstacles can increase the chance the company to increase supply chain management.
The following constraints, which can be overcome if the manager can increase a company's ability to obtain maximum profitability of the supply chain are:

  • Increased product variety
  • Reduced product life cycle
  • Increased customer demand
  • Solving the supply chain ownership
  • Globalization
  • The difficulty implementing new strategies

Many obstacles, such as the emergence of variations and short product life cycles, can lead to increased difficulty in achieving supply chain strategy fit. The existence of barriers-hamabatan can create great opportunities for companies to use supply chain management in gaining competitive advantage.
Describes the main obstacles in the company to help manage supply chains successfully. Above constraints is a factor that can hamper the performance of the supply chain.
READ MORE - DRIVERS DAN METRICS DALAM RANTAI PASOKAN|PAPER

ARTIKEL PERSEPSI KONSUMEN

This artikel discuss about Persepsi Konsumen.Perception is defined as the process is individual to choose, organize and interpret stimuli into a meaningful image and sense of the world. Perception strategy has implications for marketers, because consumers make decisions based on what they feel, rather than on the basis of objective reality.

PERCEPTION ELEMENTS
SENSATION
Sensation is the immediate response and direct from the sensory organ of simple stimuli (advertising, packaging, brand). Stimulus input is any unit that received by the five senses. Consumer sensitivity refers to the experience of a sensation. Sensitivity to different stimuli according to different sensory quality of individual recipients and the amount or intensity of stimuli was experiencing.

ABSOLUTE threshold
The lowest level where one can experience a sensation called the absolute threshold. Point where one can know the difference between "something" and "no nothing" is a person's absolute threshold of the stimulus. In the field of perception, in particular the adjustment term refers to "become accustomed" to the sensation and level of specific stimulation.

Differential threshold (JUST NOTICEABLE DIFFERENCE)
The smallest difference (at least) that can be felt between the two types of stimuli are almost similar called the differential threshold or just noticeable difference (the difference can still be seen) abbreviated jnd Ernest Weber was a 19th century German scientist found that the jnd between two stimuli is not an absolute amount but the amount relative to the first stimulus intensity. Weber's Law states that the greater the first stimulus, the greater the additional intensity needed so that the second stimulus can be perceived difference.
For example, a $ 100 increase in the price of a car may not be noticed, but the $ 1 increase in the premium price (of gasoline) will soon become the attention of the consumer, because a significant percentage of gasoline prices before the price increase.

J.n.d Applications to Marketing
The producers and marketers are trying to set jnd that are relevant to their products because of two very different reasons, namely:

  1. So many negative changes (eg, reduction in size or quality of the product, or increase the price of the product) can not be easily seen by the public (still under jnd),
  2. So that product improvements (such as the updated packaging, the size of an enlarged, or lower prices) is very clear to the consumer without the useless waste (in the level or slightly above the jnd).

Subliminal PERCEPTION
Majority of stimuli perceived by the consumers on the level of their consciousness, but the stimuli that weakness can be felt below the level of consciousness, which can sense stimuli without consciously doing so. Stimuli are too weak to be seen or heard may be conscious enough to be recognized by one or more recipient cells, this process is called subliminal perception. Perception of stimuli that is above the level of consciousness is technically called supraliminal perception though usually simpler to so-called perception.

About Subliminal Perception Research
Research deny the notion that subliminal stimuli influence consumer buying decisions. A series of laboratory experiments are very imaginative and was held following the public hearings supported the notion that individuals can feel something beneath their level of consciousness, but did not find evidence that they can be persuaded to act in response to subliminal stimulation.
Evaluating the Effectiveness of Subliminal Persuasion

A review of research literature states that subliminal perception is based on two theoretical approaches, namely:

  1. Repetitions extremely weak stimuli constantly have the additional effect that allows it to build power stimulus response to the presentation.
  2. Subliminal sexual stimuli lead to sexual motivation is not recognized

However, there are no studies showing that one theoretical approach has been used effectively by advertisers to increase sales. In summary, although there is evidence that subliminal stimuli can influence affective reactions, but there is no evidence that subliminal stimulation can influence consumption motives or actions.

DYNAMICS OF PERCEPTION
Individuals are very selective about the stimuli which they "admitted" unconsciously organize the stimuli they actually admit according to the psychological principles that are widely held and interpret these stimuli subjectively according to the needs, expectations, and experiences. Three aspects of perception is the selection, organization, and interpretation of stimuli.

SELECTION BASED ON PERCEPTION
The consumers are not aware of many use the power to choose aspects of the environment where (stimuli which) that they feel. Selected stimuli which depends on two main factors besides the nature of the stimulus itself, namely:

  1. Experience of previous customers, because it affects their expectations (what they are prepared or "set" to be seen),
  2. Their motives at that time (needs, desires, interests, and so on).

Each of these factors can help to increase or reduce the likelihood that a stimulus will be felt.

Important Concepts Regarding Various Selective Perception
The selection of stimuli from the environment consumers based on the interaction of expectations and their motives with the stimulus itself. The principle of selective perception include the following concepts are: the opening of self-selective, selective attention, defense against the perception, and perception barriers.

Grouping PERCEPTION
Consumers organize all of their perceptions into a whole. Specific principles that underlie the perception of grouping is often called Gestalt psychology. Three of the most basic principle is the basic figure and, groupings, and settlement.

INTERPRETATION Interpretation PERCEPTION
Interpretation of stimuli is very subjective and based on what consumers expect to be seen from previous experience, the number of plausible explanations that can be imagined, motives and interests at the time of emergence of perception, and clarity of the stimulus itself. Influences that tend to distort the interpretation of objective include:

  • physical appearance,
  • Stereotype,
  • Various clues (cues) that are not relevant,
  • The first impression, and
  • The tendency to take decisions too quickly.

VARIOUS CONSUMER CITRA
As the individual feel self-image, they also feel the image of the product and brand image. Products and brands have symbolic value for the individual, who judged on the basis of consistency (compatibility) with a personal picture of themselves.

SETTINGS AND POSITION PRODUCT REVIEW ARRANGEMENTS
The image that belongs to certain products in consumers' minds that position settings, which may be more important for the successful end than the actual product characteristics. Products and services that are deemed exciting opportunity has far better to buy than the products and services that have an image unpleasant or neutral. Regardless of how well a particular product positioning, marketers may be forced to reset the product's position in response to market events (such as competitors reduce market share brand), or meet the changing consumer favorite excess, and so forth.

POSITION SETTINGS SERVICE
Compared with manufacturing companies, service marketers face some unique problems in regulating and promoting the supply position. Because services can not be seen, the image becomes a key factor in distinguishing factor services from its competitors. Thus, the marketing goal is to enable consumers to connect a specific image with a special brand.

ALTERED PERCEPTION OF PRICE
How consumers view a particular price (high, low, naturally) has a strong influence on purchase intention and purchase satisfaction. Consumers rely on the price of internal and external reference when assessing the price reasonableness. Reference price is used each consumer prices as a basis for comparison in assessing other prices. Internal reference price is the price (price range) which is found by consumers from memory.

perceived quality perception
Consumers often judge the quality of a product or service based on a variety of information cues, some of which are intrinsic to the product (eg, color, size, taste, smell), while others are extrinsic (eg, price, store image, brand image, service environment ). In the absence of direct experience or other information, parakonsumen often rely on price as an indicator of quality.

SERVQUAL Scale, designed to measure the price gap between customer expectations of service and customer perceptions of service provided, which is based on the following five dimensions:

  1. Real, physical facility appearance, equipment, personnel, and communications equipment.
  2. Reliability, ability to hold the promised service, a reliable and accurate.
  3. guarantee, willingness to help customers and provide fast service.
  4. Jaminan, pengetahuan dan sopan santun karyawan dan kemampuan mereka untuk menimbulkan kepercayaan dan keyakinan.
  5. Empathy, caring and individual attention given to the customer company.

CITRA RETAIL STORES
Retail stores (retail stores) have the image of the store itself, which helped influence the perceived product quality, and consumer decisions about where to shop. A study on retail store image based on comparative pricing strategies found that consumers tend to think of stores that offer a small discount on some goods as a whole store that offers prices lower than competitors' shops that give discounts greater in less product

CITRA MANUFACTURER
The image extends beyond the consumer price and the perceived image of the store to the manufacturers themselves. Manufacturers who enjoys a good image is usually felt that many of their new products more easily accepted than the product manufacturer has a poor image or a neutral image.

RISK perceived
Consumers often feel the risks in doing product selection because of uncertainty about the consequences of their product decisions. The main risk types most often experienced consumers when making decisions about the products include:

  • Functional Risk is the risk that the product does not perform as expected.
  • Physical risk is the risk to themselves and others who may generated products.
  • Financial risk is the risk that the product will not be worth the price.
  • Social risk is the risk that a bad product choices can cause embarrassment in social environments.
  • Psychological risk is the risk that a bad choice of products can harm consumers ego.
  • Risk Time is the risk that the time used to find the product will be wasted if the product does not work as expected.

Consumers develop their own strategies to reduce the expected risk include:

  • Consumers looking for information,
  • Consumers loyal to brands,
  • Consumers choose based on brand image,
  • Consumers rely on the image of the store (retail merchant who has a good name),
  • Consumers buy the most expensive models,
  • Consumer guaranteed.
READ MORE - ARTIKEL PERSEPSI KONSUMEN

Sunday, October 4, 2009

ARTIKEL ARBITRASE (ARBITRATION)

This artikel discusses about the arbitration (ARBITRASE) or ONE FORM OF SETTLEMENT OF DISPUTES OUTSIDE COURT. First, will be discussed about the definition of arbitration.
Definition of Arbitration

The word "arbitration" is derived from a foreign language is "arbitrare". Arbitration is also known as or other terms that have the same meaning, such as refereeing or arbitrage (Netherlands), arbitration (UK), arbitrage or schiedsruch (Germany), arbitrage (French) which means the power to get things done according to policy. Arbitration in Indonesia known as "refereeing" is more clearly seen in the Law No. 1 In 1950, the event in mengaturtentang appeal against the decisions of the referee, thus overcoming a designated person is to referee the dispute, or commonly called "arbitrator".

According to Article 1 number 1 of Law No.30 of 1999, arbitration is the way of settlement of a civil disputes outside the public court based on an arbitration agreement is made in writing by the parties in dispute.

Basically, arbitration can be either in two forms, namely:

  1. Factum de compromitendo the arbitration clause contained in suatau written agreement made by parties before the dispute arose.
  2. Deed of compromise that is a separate arbitration agreement the parties made after the dispute arises.


Before the arbitration law applies, the provisions of arbitration set forth in Article 615 s / d 651 Reglemen Civil Code (RV). In addition, the explanation of article 3 paragraph 1 of Law No.14 Year 1970 concerning the Principles of Judicial Power states that the settlement out of court on the basis of the peace or by the referee (arbitration) still allowed.

TYPES OF ARBITRATION
Arbitration award may be temporary (ad-hoc) or arbitration through a permanent entity (institution). Ad-hoc arbitration conducted under the rules intentionally in the form for the purpose of arbitration, such as Act No.30 of 1999 on Arbitration and Alternative Dispute Resolution. In general, ad-hoc arbitration under this agreement is determined to mention the appointment of the arbitration tribunal and the implementation procedures agreed by the parties.

Arbitral institutions, is a permanent institution which is managed by various agencies arbitration under the rules that they set themselves. We have known many arbitration rules issued by the arbitration bodies such as the Indonesian National Arbitration Board (BANI), as well as international such as The Rules of Arbitration of the International Chamber of Commerce (ICC) in Paris, the Arbitration Rules of the International Center for Settlement of Investment Disputes (ICSID) in Washington. These agencies have rules and arbitration system of its own.

SCOPE OF ARBITRATION
Object of the arbitration agreement (dispute will be settled out of court through arbitration and the institution or agency other alternative dispute resolution) according to Article 5 paragraph 1 Law No. 30 of 1999 ( "Arbitration Act") is a dispute on trade and related rights according to law and legislation fully controlled by the parties involved.

The activities in the field of trade include: commerce, banking, finance, investment, industrial and intellectual property rights. Meanwhile, Article 5 (2) Arbitration Act provides that the negative formulation of disputes which can not be settled through arbitration is a dispute which, according to the laws and regulations can not be held peace as stipulated in the Civil Code Book III KUH-eighteenth chapter of Article 1851 s / d 1854.


SETTLEMENT OF DISPUTES THROUGH ARBITRATION

A. Trade Dispute
Disputes or disputes in trade activities is something that is not expected to happen, because it would harm the parties to the dispute. Therefore, the possibility of trade disputes should be minimized or avoided, though sometimes the dispute can not be avoided because of misunderstandings, and any violation by either party, or arising in the opposite interest. Understand the difference, disagreement, conflict or dispute can not be allowed to drag on and must be resolved satisfactorily for all parties. Although each community has its own way to settle the dispute, but the development of the business world that is growing at a universal and global begin to recognize other forms of dispute resolution is homogeneous, "profitable" and provide a sense of "security" and justice for all parties .

TRIAL ARBITRATION
One alternative that can be taken in the event of a dispute is to use arbitration as a private court, arbitration can be the best solution of the disputes that occurred, because the resolution of disputes through the judicial referee (arbitration) have significance compared with the official court as proposed by the HMN Purwosutjipto , among others:

  1. Dispute resolution can be implemented quickly.
  2. The referee made up of people expert in the field sengketakan obtained, which is expected to be able to make decisions that satisfy all parties.
  3. Decisions will be more in accordance with the feeling of justice of the parties.
  4. Judicial decision of the referee kept secret, so that the public does not know about the weaknesses of the respective companies. Confidential nature of the refereeing decisions this is desired by the entrepreneurs.


If the parties have chosen the settlement of disputes through arbitration either in writing in the contract or outside the contract, which expressly authorizes the arbitrator to decide on the final level, then this binds them as law civil principles in accordance with stipulated in article 133 KUH civil.

Thus the parties to the dispute decide on how the settlement of disputes between them by lifting an arbitrator or more, which acts as a mediator (arbitrator) and has the power to decide (arbitrator power) according to discretion.

ARBITRATION DECISION
In resolving disputes in practice the arbitrators to decide as good people, according to the circumstances and compliance. This is in accordance with the general principles of contract in law, which must be implemented in good faith in accordance with the provisions of article KUH civil. The arbitrator is given power to give decisions in accordance with justice, the decision must be in accordance with existing regulations, they are also bound to give reasons for their decisions and consider the legal regulations.

Examination of arbitration may engage third parties outside the agreement in the dispute resolution process provided that there are elements related interests, their participation was agreed by the parties in dispute, and also approved by the arbitrator or a panel that examined the besangkutan dispute (Article 30). The party was free to determine the arbitration will be used as long as not contrary to law.

Award to be made according to applicable laws, unless the arbitration clause or agreement has been given the power to (the) arbitrators to decide according to the policy (ex aequo et bonu) (art. 631 RV). In this case the decision is taken to mention the names and residence of the parties following his verdict, which is accompanied by reasons and rationale used (the) arbitrators in the decision, the date of the decision taken, and the place where the decision is taken, the ditnda signed by (the) arbitrators. In the case of an arbitrator refused to sign the decision, this should be included in such decisions, so that the same decision power with the decision, signed by all arbitrators. (Article 633 Article 632 RV jo)

The reference date and place of the decision is important, because it accounted for fourteen days from the time a verdict was issued, the decision shall be registered in the office of the local Court Clerk, the place where the award has been made (Article 634 paragraph (1) RV). The award can only be executed, if it has obtained orders from the Chief District Court where the decision was filed, which form inclusion Irah-Irah "FOR THE SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD" at the top of the original award. The next award which has been obtained Irah-Irah "FOR THE SAKE OF JUSTICE UNDER THE ONE ALMIGHTY GOD" can be carried out according to normal procedures applicable to the implementation of a court decision (art. 639 RV).

According to the provisions of Article 641 paragraph (1) RV, to award the main dispute value of more than 500 dollars it is possible to appeal to the Supreme Court. Furthermore, in Article 15 of Law No. 1 / 1950 concerning the composition, powers, and the Way of the Supreme Court court also determined that Indonesia is only the decision of the principal disagreements that have more value than 25,000 dollars which can be requested only appeal to the Supreme Court. Although according to the stipulation, the award can be requested appeal, the provisions of article 642 RV. Clearly states that there is no appeal or review may be filed against an arbitral award, even though the parties have so memperjanjian in their agreement. Can be added here that the possibility to request an appeal, as noted above, can be ruled out by the parties with the will expressly include in the arbitration clause or agreement that they made it (Article 641 paragraph (1) RV)

IMPLEMENTATION OF ARBITRATION DECISION
Enforcement of the award is divided into two national award and the award of foreign (international). National award is the award both ad-hoc or institutional, which was decided in the territory of the Republic of Indonesia. Meanwhile, a foreign award is an award that was decided in foreign countries.

1. National Arbitration Decision

Implementation of the national award are set forth in Article 59-64 of Law No.30 of 1999. Basically, the parties should implement the decision voluntarily. In order for the award may be forced to implement, the decision shall be submitted and registered with the court secretariat, by registering and submit the original or authentic copy of the national award by the arbitrators or their proxies to the court clerk, within 30 (thirty) days after the decision arbitase pronounced. National Arbitration Decision is an independent, final and binding.

National Arbitration Decision is an independent, final and binding (such as the decision which has permanent legal kekeuatan) so that the Chairman of the District Court may not examine the reasons or considerations of the national award. The authority has examined the Chief District Court, limited to a formal examination of the national award imposed by an arbitrator or arbitration tribunal. According to Article 62 of Law No.30 of 1999 before giving the command execution, Chairman of the Court first examined whether the award meets Article 4 and Article 5 (specifically for international arbitrations). If you do not meet it, the Chief District Court may refuse an application for arbitration and the refusal was not there any legal effort.

2. Foreign Arbitration Decisions (International)

Initially, enforcement of foreign arbitral award in Indonesia based on the provisions of the Geneva Conventions in 1927, and the Dutch government which is the state convention participants stated that the Convention applies in the territory of Indonesia. On June 10, 1958 in New York signed the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Indonesia has mengaksesi the New York Convention by Presidential Decree No. 34 Year 1981 on August 5, 1981 and listed on the UN Secretary on October 7, 1981. On March 1, 1990 the Supreme Court issued a Supreme Court Rule No. 1 of 1990 on the Implementation Procedures for Foreign arbitration decision with respect to the legalization of the New York Convention of 1958. With these perma barriers to the implementation of a foreign award in Indonesia should be able to overcome. But in practice the difficulties are still encountered in the execution of foreign arbitral award.

Abolishment of ARBITRATION AGREEMENT
Arbitration agreement is declared null, if the dispute resolution process events occur:

  1. One of the parties dies.
  2. One of the parties went bankrupt, Novasi (renewal debt), and insolvency.
  3. Inheritance.
  4. Abolishment of burdensome requirements subject.
  5. Implementation dialihtugaskan arbitration agreements with third parties with the consent of the parties to the arbitration agreement.
  6. Expiration or cancellation of the main agreement.
READ MORE - ARTIKEL ARBITRASE (ARBITRATION)

Thursday, October 1, 2009

ARTIKEL MERGER PERUSAHAAN

This artikel discuss about Merger Perusahaan.
BASIC rationale behind MERGER

Synergies
The main motivation behind most mergers is to increase the value of the combined company. If companies A and B combining to form a C corporation, and if the value exceeds the value of C and A and B, if viewed in isolation, then the synergy that can be said to have occurred.

Tax Considerations
Tax considerations have prompted a number of mergers also occur. For example, a profitable company and is in the range of the highest taxes can acquire a company that has accumulated tax losses in large numbers. These tax losses can then be directly converted into a tax savings rather than taken to the next year and used in the next Maa. If the company has a lack of internal investment opportunities compared to free cash flow is available, then the company can (pay extra dividends, (2) invest in securities, (3) buying back its shares, or (4) buying other companies.

Purchasing Assets Under replacement cost
Sometimes the company will be viewed as acquisition candidates for the replacement cost of assets is much higher than its market value. For example, in the early 1980s, oil companies can buy back at lower prices through the purchase of other oil companies instead of doing exploratory drilling.

Diversification
The managers often mentioned diversification as one reason for the merger. They argued that diversification would help stabilize the company's profit and consequently benefit the owners. Certainly benefit stabilization is beneficial for employees, suppliers and customers, but from the perspective of shareholders, stabilization is a less certain value.

Personal Incentive Manager
Financial economists like to argue that business decisions are based only on economic considerations alone, especially in terms of maximizing the value of a company. However, many business decisions are really based more on personal motivation than managers in economic analysis.
Personal Petimbangan will be blocked as well as to motivate the merger. After most of the takeover, some managers of the acquired companies losing their jobs, or at least their autonomy. Therefore, managers who have less than 51% shares of their companies try mencarai way that will minimize the chances of a takeover erjadinya. Such a defensive merger is very difficult to defend based on economic reasons.

Residual Value
The company can be judged from their book value, economic value, and replacement value. Recently, the takeover specialist company has begun to recognize nilain residue as one of the other basis for valuation.

TYPES OF MERGER
There are four types of merger:

1. Horizontal merger, occurs when a company merged with another company in the same line of business.
2. Vertical mergers, acquisitions form a company with one of the suppliers or customers.
3. Kongenerik merger will involve companies that are related but not a producer of a similar product or company that has a supplier-producer relationships.
4. Conglomerate merger, occurs when companies unrelated to join.

MERGER ACTIVITY LEVEL
Five "merger waves" have taken place in the United States. The first wave occurred in the late 1800s, when there is consolidation in the oil industry, steel, tobacco, and other basic industries. The second wave occurred in the 1920s, when rising stock market helped the promoters to consolidate finance companies in several industries, including public facilities, communication, and motor vehicles.
The third wave occurred in the 1960s, when conglomerate mergers happening everywhere. Fourth place in the 1980s, when the LBO firms and other companies began to use waste bonds to finance various types of acquisitions. The fifth wave, which is associated with a strategic alliance designed to enable companies to better compete in the global economy, still continuing to this day.

FORCED takeover VS friendly takeover
According to the existing convention, we refer to companies that want to acquire another company as pengakusisi companies and companies that want to acquire a target company.
After identifying potential acquirer company goals, then the company must (1) determine the price or the fair price range, and (2) to temporarily specify the payment terms, whether the company will offer cash, common stock, bonds, or a combination of both? If an agreement is reached, then both the management group would issue a statement to each shareholder who showed that they approved the merger, and the target company's management will give a recommendation to its shareholders that they have approved the merger. Typically, the shareholders will be asked to offering their shares to a financial institution who has been appointed, following a written authorization signed transferring ownership of these shares to the acquirer company. This is called friendly merger.
But often, the target company manajmen will reject the merger. They may feel that the price offered is too low or maybe they're trying to keep their jobs. Whatever the circumstances, the acquirer company's offerings are forced rather than friends.

MERGER REGULATION
Before the mid-1960s, in a friendly acquisition generally occurs in the form of a merger through a simple stock swap, and the seizure of the mandate is the main weapon used in war for control by force. However, the mid-1960s looters mulkai companies operate differently. First, through the seizure of the mandate would take a long time, these looters must first ask for a list of the target company's shareholders, was rejected, and then try to get a court order that forced the management handed over the list.
Then the raiders began to think that if we take the decision directly to the target quickly, before management had to take precautions, then it certainly will increase the chances of success. This then causes looters away from the seizure of the filing of the mandate of bidding, which have the response time is much shorter.
This is not fair to target companies that eventually Congress issued the Law Williams (Williams Act) in 1968. This regulation has two objectives: (1) regulate how the acquirer company can offer menstrukturisasi proposal, and (2) force the acquirer companies disclose more information about penwaran provided.

MERGER ANALYSIS
In theory, merger analysis is actually quite simple. Peusahaan acquirer only need to do an analysis to assess the target company and then determine whether the target company can be purchased at these values, or, preferably, lower than the estimated value.

ASSESSING THE TARGET COMPANY
In assessing the target company, there are several methodologies that can be used, however, we limit our discussion only on two methodologies: (1) terdiskonto cash flow approach, and (2) market multiples method.

  • Cash Flow Analysis Terdiskonto

Terdiskonto cash flow approach in assessing a business will involve the application of budgeting procedures for capital or the whole enterprise rather than just one project only. To apply this method, there are two important things needed: (1) report that forecast pro forma free cash flow increased as a result of the merger, and (2) a discount rate, or cost of capital, which will be applied to cash flow projections.
The report pro forma cash flow. Getting a cash flow forecast is accurate so far pascamerger is an important task in the DCF approach. In a pure financial merger, which occurred an unexpected synergies, increase cash flow is actually pascamerger cash flow expectations from the target company. However, in the merger operation, where operating both companies will diintegerasikan, cash flow forecasting in the future is something that is more difficult.
Estimating the discount rate. The total amount is the net cash flow after interest and taxes, which will reflect the equity. Therefore, cash flow should be discounted by the cost of equity instead of the overall cost of capital. Furthermore, the discount rate used should reflect the risk level of cash flow in the table.

  • Multiplication Market Analysis

The second method of assessing the target company is a market multiples analysis (multiple market analysis) is a method of evaluating a target company that uses multiplication which is determined by the market to net income, earnings per share, sales, book value, and so on.

Determining Price Offer
Method to determine the bid price is to see the highest amount that can be paid, which reflects the expected synergistic benefits of the merger, the following few things to note:

  1. If there are synergistic benefits, given the maximum bid will equal the current value of the company.
  2. The greater the synergistic benefits, the more likely the merger was implemented.
  3. The problem of dividing the synergistic benefits are also very important, both parties want a number as possible.
  4. The actual price will depend on several factors, including whether the company offers to pay in cash or securities, the negotiation skills of both management teams and most importantly, the position of offering both sides which is determined by underlying economic conditions of each company
  5. Companies will want to keep the maximum bid and bidding strategies companies plan carefully and consistent with the situation. The company can offer high anticipation, hoping to intimidate rivals or rejection of bid management.

Controlling Post-Merger
Situsai control is vital in a merger analysis. First consider a situation in which a small company run by the owner sold to a larger interest.
READ MORE - ARTIKEL MERGER PERUSAHAAN

ARTIKEL TENTANG FOREX (VALAS)

This Artikel examine about FOREX (VALAS).
What Is Forex and traded in forex?

FOREX (Foreign Exchange) or better known as the Forex (Foreign Exchange) is a type of trade transaction that country's currency against other foreign currencies. With average daily volume of U.S. $ 2 trillion, Forex 46 times greater than all the combined stock market and therefore the market is most liquid in the world. Forex market is a market that is open for 24 hours continuously.

What are the advantages Forex (Valas) Online compared to other investments:
-Forex has a 2 way opportunities, meaning you can make a profit 2-way, when the market rises or even when the market falls. This does not apply to other types of investment (opportunity 1 way), for example-saham. Forex Trading Opportunities for 24 hours a day 5 days a week, very high liquidity, meaning you can make buying and selling foreign exchange instantly at any time without having to wait whether there is a buyer or penjual.-existence Leverage function (the leverage / factor), which means that a relatively small capital you can generate returns far greater. Example: without leverage you will only get $ 0.01/point with capital $ 100. But with 1:100 leverage you can generate $ 1/point with the same capital ($ 100) .- There are many brokers forex (foreign exchange) online which provides commission-free facilities, the minimum capital is relatively small, transaction costs (spread) a small, free flowers (without usury, kosher for Muslims), automated trading facilities


What the pros Online Forex Trading (Valas Online) compared with the traditional trading (offline)?
-Many online brokers provide commission-free facilities, whereas offline brokers typically charge $ 50 put on each settlement / open to close positions, you can directly monitor your open positions and buy or sell decisions 100% on your hands. Good for when you want to close the position, how much you'd like to play, plug in what position, etc.-you can learn forex practice directly without using a broker service that is often less responsible for the profit / loss of clients (as though win or lose , in the end your broker will still get a commission), you can use a flexible number of lots (helpful for you who have limited capital), Spread (difference between selling price and buying) small (the smaller the better) so you probably higher profit - Distance message position (pending orders) are relatively small (10 points) and closed position usually only 1-5 points only. Compare with offline broker who must be a minimum of pending orders from running 30 points and closed positions at least 10 points in order to impas.-you to trade directly with service providers (brokerage) without an intermediary (middleman, often in Indonesia misconstrued as a broker), you'll get a very valuable experience in how to practice and practice trading by opening a free demo account and use a lot of trading software available on-Available internet. many indicators, analysis, and trading software is very comprehensive on the Internet.

Online Forex Trading (Valas Online) is a high-risk jobs?
Usually people who suffered heavy losses in the forex world is greedy and wants to get rich quickly without taking into account the risks. Because foreign exchange is actually a business that requires patience, practice analyzing the market, and risk management. The more often you practice, the more adept you will analyze the market, and I guarantee you will not want to work longer a slave to money, but money will work for you. In forex you can determine how much profit will you earn and how much loss you can bear. So the point is that "actors" behind him. Not high-risk forex, but how the style of the traders themselves.
READ MORE - ARTIKEL TENTANG FOREX (VALAS)