Contoh Legal Memorandum : Loan Credit of Finance Company

LEGAL MEMORANDUM

I have conducted research to the ministry of Finance on.. and library research on regulations relevant to my cash transaction.

Regulation

a) Presidential Decree (Instruksi Presiden) No.61 of 1998 regarding financial institution (PD Financial Institution)

b) Decree of the Minister of Finance No. 1169/KMK.01/1991 regarding leasing

c) Regulation of the Minister of Finance No.84/PMK.012/2006 regarding finance company

d) PT.X’s articles of Association (“AOA”)

Issues

1. 
   
Whether or Not My Cash Transaction must involve a 3^rd party as supplier.
2. 
   
If the answer to above is not will PT.X Finance be considered as a providing loan/credit to its customers?

Analysis

1. 
   
According to PMK Finance Company, a finance company is allowed to enter into a two parties transaction, namely sale and lease back transaction whereby a customer lease sells his inovable good to a finance company (lessor)
2. 
   
With regard to an consumer finance according to my research there is no clear provision as to whether or not a refinancing transaction is aimed to procure the goods needs and the consumer repays it by installment to multifinance company. It will not to be interpreted as agiving loan/credit to the consumer

This view is supported by the officers of Ministry of Finance Republic of Indonesia. They agreed that there is no clear provision 3^rd party as supplier. In view of this, I am of the opinion that my cash transaction does not need to have 3^rd supplier.

In view of the above argumentation, I am of the opnion that………… transaction can involve 2 paties only…….. can not be interpreted as providing loan/credit to consumer instead PT.X provides financing in term of supplying.