Perlindungan Terhadap Bank dalam Transaksi Perdagangan dengan Sarana Letter of Credit UCP-DC 600

Abstract

The Letter of Credit (L/C) governed by UCP 600 is a critical instrument in international trade, designed to facilitate secure payment by using banks as intermediaries. While its primary function is to assure payment to the seller (beneficiary), the system's stability equally depends on robust protections for the banks involved. This journal article analyzes the legal mechanisms within the UCP 600 framework that safeguard issuing, confirming, and nominated banks from undue risks and liabilities. Employing a normative legal research method, this study conducts a critical examination of the UCP 600 text, supported by relevant legal principles and scholarly literature.The analysis identifies three core protective doctrines. First, the principle of autonomy (Article 4) strictly separates the L/C from the underlying sales contract, shielding banks from disputes between the buyer and seller. Banks deal only with documents, not goods or services. Second, the doctrine of strict compliance (Article 14) mandates that banks examine documents solely on their facial conformity. This provides an objective standard for honoring or refusing presentations, protecting banks from subjective claims and the risks of wrongful payment. Banks are granted a safe harbor for refusing non-complying documents under Article 16. Third, UCP 600 contains explicit disclaimer clauses (e.g., Articles 34, 35, 37) that insulate banks from liabilities concerning the form, sufficiency, accuracy, genuineness, or legal effect of any document, as well as forces majeure.The study concludes that these interconnected mechanisms—autonomy, strict compliance, and disclaimers—form a comprehensive defensive framework. They are not merely procedural rules but essential risk-allocation tools that enable banks to fulfill their payment undertakings with predictable liability. This protection is fundamental to maintaining the reliability and efficiency of the documentary credit system as a whole. The findings underscore the importance for banking practitioners to adhere strictly to these UCP 600 provisions to mitigate operational and legal risks in international trade transactions.