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All Journal USU LAW JOURNAL TRANSPARENCY Journal of International Law JURNAL MERCATORIA REUSAM ; Jurnal Ilmu Hukum Iuris Studia: Jurnal Kajian Hukum Journal Equity of Law and Governance Locus: Jurnal Konsep Ilmu Hukum Bulletin of Community Engagement JURNAL JUSTIQA International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Recht Studiosum Law Review Mahadi : Indonesia Journal of Law Community: Jurnal Hasil Penelitian dan Pengabdian Masyarakat Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Media Akademik (JMA) Acta Law Journal Milthree Law Journal Journal of International Islamic Law, Human Right and Public Policy

Mahmul Siregar

Unknown Affiliation

Author-ID : 2317385

Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PERLAKUAN DAN PEMBERIAN FASILITAS KEPADA PENANAM MODAL MENURUT PRESPEKTIF UU NO. 25 TAHUN 2007 TENTANG PENANAMAN MODAL BONATUA EDYNATA MANIHURUK; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Indonesia has ratified the Agreement on TRIM's (Agreement on Trade Related Investment Measures) through the implementation of Act 7 of 1994 on Foreign Investment, which of course affects how the government's treatment for both foreign and domestic investors, how the facility by the government to investors, and how government oversight of the investment activity. The method used in writing this paper is to study the data collected by the library (library research), which conducted a study using data from a variety of reading materials such as legislation, books, articles and internet are considered relevant to the issues discussed in the author this thesis. In investment activities, the Government of Indonesia implement the principle of equal treatment to foreign and domestic investors, even applies to all investors regardless of their country of origin investors. However, Article 6 paragraph (2), Act 25 of 2007 allows the government to provide the specific requirements of different investors who have certain privileges based on an agreement with Indonesia to a particular country, such as AFTA, ACFTA. Facilities / convenience provided by the government to investors were ten facilities, which should be adjusted according to the effectiveness and necessity of the investors in the business he started. Investment coordinating agency (BKPM) also plays running integrated one-stop service system (PTPS) as was stipulated in Presidential Regulation of BKPM No. 27 of 2009 concerning integrated one-stop service in the field of investment. Kata kunci: perlakuan, fasilitas, modal.

TINJAUAN YURIDIS HOLDINGISASI BUMN DALAM RANGKA PENINGKATAN KINERJA MENURUT PERSPEKTIF HUKUM PERUSAHAAN JOHN SIPAYUNG; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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The government will implement holding process in plantation sector in this year. However, the hindrance found in this holding process is the unavailability of specific regulation governing the forming of holding in company. Having this holding, it will improve the performance of the company and add the profit from new company with the holding. The objective of this research is to know the role of the government in implementing the forming of holding company. The method of research was analysis descriptive research method, that was a research describing a situation or event to search, and then to analyze the event based on the facts from the secondary data obtained from primary law material, secondary law material and tertiary law material. The used research method was yuridical normative analysis, that was by describing and testifying the data related to the problem in company holding. Data collection technique for this research was carried out with library research, literature or documents to get the secondary data. The existence of state-owned corporations is one of real forms in Constitution 1945 especially article 33 with strategic position to increase the prosperity of the people. In the case of holding company that the responsibility of main company to branch company is only limited to the authority given to main company. The responsibility is only on management and policies related to the branch companies. Hence, it is necessary to have one rule governing the holding in specific and the government may understand and know the real process of the holding in state owned corporations. It is intended to improve the performance of state owned corporations related to the income and expenditure of state. Kata Kunci : BUMN, Holding, dan Hukum Perusahaan.

TINJAUAN YURIDIS TERHADAP ASEAN-CHINA FREE TRADE AGREEMENT (ACFTA) DAN IMPLIKASINYA TERHADAP PENGATURAN PENANAMAN MODAL SUSPIM GP NAINGGOLAN; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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ASEAN-China Free Trade Agreement (ACFTA) is a free agreement which is formed the member countries of ASEAN with China. ACFTA is one of the free Trade Agreement that has been agreed since 2001, and are formed based on the basic of international law, namely the Framework Agreement and Comprehensive Economic Co-operation between ASEAN and The People’s Republic of China, which is signed on 4 November 2002 in Phnom Penh, Cambodia, by the heads of government from ASEAN countries and The People’s of Republic of China. Indonesia is a big Country and also one of pioneers of the establishment of ASEAN region which also supports the establishment of ASEAN-China Free Trade Agreement. That is why Indonesia must implication to regulate in Investment Law. The Investment Of law was being hope to Increase The economic Of Indonesia form using that Agreement and to cope with negatife consequence in ASEAN –China Free Trade Agreement Keywords: ACFTA, Free Trade, Free Trade Agreement

SISTEM KOORDINASI ANTARA BANK INDONESIA DAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN BANK SETELAH LAHIRNYA UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN REBEKKA DOSMA SINAGA; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The role of bank is very important in national development which is the bank as intermediary institutions. If intermediation can be achived, the purpose of banking to support the implementation of national development towards improving the welfare of the people will be realized. Article 34 of law of Bank Indonesia mandates the need for separation of banking supervision, mandate established by OJK. After OJK law published, bank supervision is the task of OJK. Bank Indonesia will be focus on the monetary and payment system. In the implementation of bank supervision duties, Bank Indonesia and OJK coordinate to create the sound banking system as a whole and individual and able to preserve the interest of the community well. Macroprudential supervision is done by Bank Indonesia ang microprudential supervison is done by OJK. The coordination is making the regulations in banking supervision. Bank Indonesia can do direct supervision (on site supervision) to bank and receive information from OJK if a bank is having trouble and then Bank Indonesia take action accordance with the authority. Key Words : Pengawasan Bank, Bank Indonesia, OJK

PERLINDUNGAN HUKUM TERHADAP USAHA MIKRO. KECIL DAN MENENGAH DALAM PASAR BEBAS ASEAN-CHINA FREE TRADE AREA YUNITA PANJAITAN; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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ACFTA (ASEN-China Free Trade Agreement) is a regional free trade agreement among the states member of ASEAN and China. One of the advantage of ACFTA is to increase the export of Indonesia product to the international market. So, the products from Indonesia such as the product of Micro, Small and Medium Scale busines can be developed. The weakness position of UMKM in the bigger industry products, to ake UMKM still in a weak position by the presence of China products through this ACFTA agreement. This condition cause any problems. Therefore, in order to avoid any problems faced by UMKM, the government determine three competitive protection, i.e. antidumping, the protection through Safeguard and determine the duty to the Chine product that do any violation in the impolementation of ACFTA agreement. Keywords : UMKM, ACFTA

PENYELESAIAN SENGKETA PENANAMAN MODAL MELALUI ARBITRASE INTERNASIONAL (STUDI KASUS PENCABUTAN IZIN KUASA PERTAMBANGAN CHURCHILL MINING OLEH PEMERINTAH DAERAH KABUPATEN KUTAI TIMUR) SOPHIE DINDA AULIA BRAHMANA; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Investment dispute between states and national of other states are settled through international arbitration (ICSID). ICSID (International Centre for Settlement of Investment Disputes) is an autonomous international institution Because of the provisions of this, British Company Churchill Mining who have a Investment dispute with Indonesian Government filed a lawsuit against the government of Indonesia at the International Centre for Settlement of Investment Disputes (ICSID). Writing method used to compile this paper is the normative legal research or library research, by collecting material from books, magazines, papers, internet, legislation and other scholarly writings which closely related with the intent and purpose of the preparation of this paper. The results of this paper it can be concluded that, the foreign investors who have an Investment Dispute with other state like Churchill Mining Plc can settle their Investment Dispute through ICSID. This provision is based on Indonesian Law No. 25 of 2007 about investment and Indonesian Law No. 5 of 1968 concerning the approval of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Kata Kunci: Penyelesaian Sengketa, Arbitrase Internasional, ICSID, Churchill Mining

PENGARUH PRINSIP CORPORATE SOCIAL RESPONSIBILITY TERKAIT DENGAN IKLIM INVESTASI MENURUT UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL DAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS JULIA AGNETHA AGNESTA Br. BARUS; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The activity of capital investment as an effort to increase economic growth should be supported by transparent coordination and policy of capital investment in order to create conducive climate. CSR in a corporation is a legal responsibility which should be implemented by the corporation. According to Law No. 25/2007 on Capital Investment a conducive investment climate can be realized when there are legal certainty and certainty for doing business, facility in giving license to investors, good political condition in the State, and low economic cost for the benefit of the investors. The implementation of CSR in a corporation can be known when the corporation has carried out the principles of responsibility, sustainability, accountability, and transparency and the principles found in ISO 26000. The influence of the principle of Corporate Social Responsibility on the investment climate under Law No. 25/2007 on Capital Investment and Law No. 40/2007 on Corporation is that the implementation of CSR by a corporation can make reciprocal relationship which will be mutually beneficial for its stakeholders. CSR will give positive implication for increasing people’s welfare, creating conducive investment climate, reducing cost, helping develop the government, strengthening business investment, and strengthening the partnership among the people, the government, and the business world. If this condition can be realized, investors will be interested in investing their capital in the corporation which carries out CSR in Indonesia. Kata kunci : Prinsip, Corporate Social Resposibility (CSR), Investasi.

ANALISIS YURIDIS PERAN DAN TANGGUNG JAWAB PPATK SEBAGAI INTELLIGENCE UNIT DALAM SISTEM PERBANKAN INDONESIA MUAMAR ZIA NASUTION; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The development of technology and globalization in the banking sector, make the bank as the main target for money laundering activities. This is because banks as financial service providers offer many services in the traffic of financial instruments that can be used to hide/disguise the origin of the funds. Seeing so the importance of prevention and combating money laundering, then in the state must be established a Financial Intelligence agency units in Indonesia known as the Center for Financial Transaction Reports and Analysis Center (INTRAC) or term expatriate The Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) which born on 17 April 2002, in conjunction with the adoption of Act no. 15 Year 2002 on Laundering. INTRAC as an entity authorized to conduct an analysis of all suspicious financial transactions are an indication of money laundering, and is one of the most important infrastructures in preventing and combating money laundering. Issues raised in the study include legal arrangements INTRAC as Financial Intelligence unit of Indonesia and the roles and responsibilities PPATK to prevent money laundering in the banking system in Indonesia. Writing this thesis research methods normative data collection library (library research) along with collecting the data and read references through regulation, the Internet and other sources, then selected appropriate data to support the writing. The results of this study are that INTRAC as a body established for the prevention and fight against money laundering gets extension with the birth of Act No. 8 of 2010 on the Prevention and combating of money laundering. One is PPATK to conduct temporary suspension of suspicious financial transactions. INTRAC role in maintaining the stability of the financial system in particular economic system of Indonesia and responsible in an effort to combat money laundering in the banking system in Indonesia, INTRAC has the authority to oversee compliance with the reporting party, in this case the banks in an effort to analyze and examine the reports and information financial transactions indicated in money laundering or other criminal received from banks. Therefore the synergy between PPATK and Banking is absolutely necessary and should further enhance cooperation in preventing money laundering is often the case in the Indonesian banking system. Keywords: INTRAC, Money Laundering, Banking.

ANALISIS YURIDIS TERHADAP PEMBOBOLAN DANA NASABAH CITIBANK DALAM PERSPEKTIF UNDANG-UNDANG PERBANKAN DAN UNDANG-UNDANG TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG HERRY FEBRIAN; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Citibank is a multinational bank that operated in Indonesia. Citibank is a part of Citigroup where its shares listed in New York Stock Exchange (NYSE). The case of Citibank was occurred and exposed on March of 2011 when a Citibank receive the complaint of three customer related to the loss of their fund in saving, the Citibank report the case to the police. Based on investigation indicates that there is hit of the fund of customer by the senior employee in position as vice president in the bank whose name Melinda Dee. The hit of the fund involves the employee of Citibank as teller. In this research, the problem is formulated as follows : to study the position of customer as consumer of banking product, to study the juridical analysis of fund hit of the customer of Citibank in the perspective of Banking Act and the Act of eradication and prevention of Money Laundry and to study the protection of customer on the fund hit of customer of Citibank. The banking business is a trust business. So the case of fund hit of the customer can not be neglected even the hit of fund is conducted by a staff of the bank if the trust of the consumer to the banking make not lost. In the view point of law how to prevent the reoccurrence of the case or be minimized by the Act No. 10 of 1998 concerning to the Banking and Act No. 8 of 2010 concerning to Prevention of Money Laundry. In order to anticipate the hit of fund in Citibank and in other banks in Indonesia and the prevention of money laundry in Indonesia, it is suggested to the law enforcer to punish the severe punishment to the evil doer generally and to the hitter of the fund of the customer of Citibank especially because this condition will provide them with the wary effect to the evil doer and to recover the trust of customer to the banks and the law enforcer in Indonesia. Keywords : Bank, Customer, Money Laundry

ANALISIS KEDUDUKAN KEUANGAN NEGARA DALAM BUMN YANG TELAH DIPRIVATISASI WAFDANSYAH ANGGI HUSAINI; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The problem related to the privatization of State–Owned Corporations is as an urgent issue recently. It is as the effect of nationality assets as the target of privatization which is frequently debated as the existence of the policy to sell some state owned corporations for the foreigners. In other words, the problem occurs in the privatization of State Owned Corporations as the impact of government policy without considering the needs of the people in general. The problem to raise in this thesis is related to rule governing the privatization of State Owned Corporations, legal aspects of state financial in privatization of State Owned Corporations, and the state financial condition in State Owned Corporations which have been privatized. The method used in this research was normative yuridical. Normative research method was also called as doctrinal research, that is the research to analyze law either law as it is written in the book or law it is decided by the judge through judicial process. Normative law research was based on secondary data and emphasized on the steps of speculative-theoretical and normative-quantitative analysis. The privatization program is intended to increase the performance and valued-added of the company as well as to add the participation of the people in the possession of company shares. The privatization was done by paying attention on the principles of transparencies, self-support, accountability, responsibility, and reasonably. The privatization can be done by selling shares based on capital market clauses, share direct selling for investors, and share selling for management and/or related employees. State financial in State Owned Corporations is as different wealthy from the wealthy of state and with the rights to get profit from the results of the company. The wealthy of the state in one State Owned Corporation depends on the type of the corporations. If the type of State Owned Corporations are in Public Company, then all capital shall be owned to state. However, if it is in the form of limited company, then partly of the capital (at least 51%) shall be as the asset of state and it is divided on the shares. State Owned Corporations which have been privatized in fact shall transfer partly of state shares (represented by government) on the state financial in State Owned Corporations which have been privatized to private parties and the possession of shares will be smaller than 50%. It means that new investors as the holder of shares in State Owned Corporations which have been privatized may get partly of shares in State Owned Corporations. As the biggest shareholders, new investors shall try hard and efficiently to get optimal profit, absorb new workers and give more contribution for the government through tax payment and dividend division. Key words : State Financial, State Owned Corporation, Privatization

Co-Authors Abu Churairah Achmad Fata Altika Adelina Tarigan Agus Syahputra Agustina Pasaribu Ainun Adilla Siregar Akmalia Indriana Alvi Syahrin Amirah Ainun ANDREE SERGEYEVICH Andy Andy ANGGI RAMADHANI Anggi Risky Anggiat Simamora Anggita Tridiani Sirait Tridiani Anita Anita Annisa Qomaryah Anto Sibarani Arimansyah Arimansyah AUDRYA LUVIKA SIREGAR Azwar, Tengku Keizerina Devi Bintang Elvina Bisamr Nasution Bismar Nasution BONATUA EDYNATA MANIHURUK BUDIMAN GINTING Chairul Bariah Choky Saragih Christopher Iskandar Cindy Cindy Dearma P Parulian Defin Sirait Demak Aspian Deta Sukarja Dina Mariana Edy Ikhsan Ekaputra, Mohammad Elisabeth Silalahi Elizabeth Magdalena Aritonang Eltisha Graciana Elvi Rahmy Elysabet Sry Devi Bruni Simatupang Emya Sembiring Esthalita Octavia Tobing EVAN TAMBUNAN Evanessa Sinulingga Fahrunnisa Fahrunnisa FAISAL FANI NASUTION Fara Dhia Altahira Fernando Z. Tampubolon Fitria L Longgom Fitria Longgom Frans Kalep Frans Kalep Ganang Pratama Gom Banuaran Grace Shinta Gunawan Sibarani Hafizh Fahran Hanan Hanssen HASIM PURBA Hendri Kurniawan HERRY FEBRIAN Ika Indriani Irawaty Noralinda Irene Manik Irwin Djono Ismanto, Ade Jaya Jelly Leviza JOHN SIPAYUNG Joiverdia Arifyanto JULIA AGNETHA AGNESTA Br. BARUS Juniver Fernando Keizerina Devi Keizerina Devi Azwar Khairul Khairul Khairunnisa Sembiring Kristina Roseven Nababan Ladyta Tahany Reformita Marpaung LETARI Sinurat Lili Wulandari Lina Purba Lolita Rinelsia Lucita Lucita Lydia Wirawan M Ekaputra M KHARRAZI M RASYID RIDHA Madiasa Ablisar Mahmud Mulyadi Marasamin Ritonga Marlina Marlina Mar’ie Muhammad Maulana Ibrahim Miranda Chairunnisa MUAMAR ZIA NASUTION Muhammad Adli Fahmi Lubis Muhammad Anggi Nasution Muhammad Septo Muhammad Surya Nusantara Sandan Nada Syifa NATASHA Siregar Natasia Agustin Nikita Nasution NINGRUM NATASYA SIRAIT Ningrum Sirait Ningrun Sirait Novie Andriani Kesuma Nur Ulfah Parhorasan Tambunan Rally Aditya RAMLI SIREGAR Raymond Lumban Gaol REBEKKA DOSMA SINAGA Refi Chairunnisa Reggie Priscilla Reihans Ghivandy Argisandya Rinawati Sitorus Rio Nababan Rizky, Fajar Khaify Robert Robert Valentino Tarigan Rosmalinda Rosnidar Sembiring Rugun Maylinda Runtung Runtung Runtung Runtung Sitepu Ruth Marbun Ruth Medika Rydayanti Simanjuntak Saleem Awud Nahdi Sarah Indah Nilam Wulandari Sarti Sonnia Shania Meilisa Shindih Hersiva Siallagan, Agnes Angelina Silvia Pratiwi Siregar, Mangantar Anugrah Siti Sahara Sonya Marcellina SOPHIE DINDA AULIA BRAHMANA Suhaidi Suhaidi Suhaidi Sukarja, Detania Sumanggam Wahyu Sunarmi Sunarmi Sunarmi S SUSPIM GP NAINGGOLAN Sutiarnoto Sutiarnoto Syafruddin Kalo T. Keizerina Devi A Tan Kamello Tan Kamello Taufik Siregar Tetty Marlina Theresia Alisia Tony Adam Tony Kesuma Tri Murti Utary Maharany Barus Virginia Sitepu Vita Cita Emia Tarigan WAFDANSYAH ANGGI HUSAINI Wiatmaja, Ganda WINDHA WINDHA Windy Grace Windy Sri Wahyuni Yabes Marlobi Yabes Marlobi Yemima Amelia Siagian Yohannes Unggul YUNITA PANJAITAN Yunus Abidin Zulfikar Lubis

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