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All Journal USU LAW JOURNAL TRANSPARENCY Recht Studiosum Law Review Milthree Law Journal

Bismar Nasution

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Law, Crime, Criminology & Criminal Justice Social Sciences

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PRINSIP AKUNTABILITAS DAN TRANSPARANSI YAYASAN DALAM RANGKA MENCEGAH PRAKTIK PENCUCIAN UANG (MONEY LAUNDERING) DWI CESARIA SITORUS; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Money laundering crime should be prevented as early as possible in order to create a country with a moral society. The practice of money laundering can occur both through banking and non-banking institutions, such as insurance and foundations. With the foundation, all the desires of social, humanitarian, and religious people can be realized in an institution that has been recognized and accepted its existence. In principle there is a foundation of accountability and transparency that has an important role to prevent money laundering. There are some basic issues to be discussed in this thesis writing. A primary issue is how the practice of money laundering in Indonesia, how the existence of the foundation in the Indonesian legal system, and how the application of the principles of accountability and transparency of foundations in order to prevent money laundering. The method used in the thesis writing is done with normative juridical approach is to perform an analysis of the problems with the approach to the principles of law and refers to the legal norms contained in the legislation. The study was conducted with an emphasis on the data library by library research, which conducts research using materials from a variety of reading materials such as legislation, books, magazines, and the Internet. The principle of accountability and transparency is needed in conducting business foundation itself. This is in order to prevent money laundering practices that function Foundations of Law No. 16 of 2001 jo. Law No. 28 of 2004 and Law No. 8 of 2010 Concerning the Prevention and Suppression of Money Laundering can be carried out in accordance with these provisions. Key words : Akuntabilitas, Transparansi, Yayasan, Pencucian Uang

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.

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

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

SISTEM PERTANGGUNGJAWABAN DIREKSI DALAM HOLDING COMPANY ABDUL AZIS ALSA; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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A limited liability company be an option that is often used for a variety of business economy, also greatly influences the national economy. Holding company is a structure of legal connected each and others composing an economic unity that submit to a director of holding company and subdiary. 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 result of this paper it can be conclude that Arrangement on limited liability company still using Indonesian Law No.40 of 2007 also regulated in the law that regulates specifically about other matters relating to the corporation law, the Indonesian Law No.40 of 2007 still maintaining the recognition of juridical status of a legal entity's holding companies and subsidiaries as independent legal subject but does not give a juridical recognition of the ‘company grup’ as as a separate legal entity vis-à- vis other law agencies. Therefore have a Board of Directors' duties and responsibilities to the company and has been established in the legislation. Kata kunci :Sistem, Pertanggungjawaban Direksi, Holding Company.

FUNGSI DAN TUGAS OTORITAS JASA KEUANGAN BERDASARKAN UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN ABIDIN YUNUS; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Before the establishment of Otoritas Jasa Keuangan (OJK), banks are regulated and supervised by Bank Indonesia (BI), while the non-bank financial companies regulated and supervised by Badan Pengawas Pasar Modal-Lembaga Keuangan (Bapepam-LK). But after the crisis hit in 1998, it gives birth to the idea of establishing an independent oversight agency. However, this agency is formed after a long process of waiting. Exactly after the issuance of Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. The issues that will be raised by the author is how OJK regulated in Indonesia, how is the position of financial services authority in other countries, what is the functions and duties of OJK. The research method used by the author was a literature research, which is the juridical normative that aims to describe in a systematic, factual and accurate to state the object of a study by research based on normative legal provision. Research source used is sourced from secondary data. Otoritas Jasa Keuangan is an independent body in carrying out its duties and powers under Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. In the UK, Financial Services Authority headed by a chairman. But in carrying out day-to-day operational activities carried out by a CEO. In Japan, Financial Services Authority headed by the commissioner in charge of administrative law judge, planning and coordination bureau, inspection bureau, and supervisory bureau. General functions and tasks of OJK is to regulate and supervise the activities of financial services in banking, capital markets, and other financial institutions. In the banking sector, the functions and duties related to OJK were only microprudential aspects such as institutional, business activities, and assessment of banks’ health. In the sector of the capital markets and other financial institutions, OJK carry out all the duties and authority vested in Bapepam-LK, ie foster, organize, and oversee the day-to-day activities of the capital markets and to formulate and implement the policies and technical standardization in the field of financial institutions. Kata Kunci: Fungsi, Tugas, Otoritas Jasa Keuangan

PERLINDUNGAN SAHAM MINORITAS DALAM HOLDING COMPANY AUDRYA LUVIKA SIREGAR; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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In any corporations, there are majority shareholders and minority shareholders. Minority shareholders are the parties who have stocks with very small amounts in the company. However, minority shareholders are still part of the company, which also has the rights over the company, therefore these minority shareholder's rights should be protected. The research that was used in compiling this thesis using normative legal research methods (methods of librarianship), that are examined by collecting and processing data from books, legislations, journals, websites and other scientific writing results that closely related to The Protection of Minority Shareholders in the Holding Company in Indonesia. The result of this thesis can be concluded that the rights of minority shareholders in the holding company must be protected, the protection can be reached through the Appraisal Right, which protect minority shareholders as a way out for them to leave the company that has changed fundamentally, if they does not consent to the change that referred to. Kata Kunci: Perseroan Terbatas, Holding Company, Pemegang Saham

Co-Authors ABDUL AZIS ALSA Adji Suryapranata Agus Syahputra Akmalia Indriana Amirah Ainun ANDREW J TARIGAN Angeline Angeline Anggi Risky Anggiat Simamora Anggita Tridiani Sirait Tridiani Annisa Qomaryah Anto Sibarani Arimansyah Arimansyah Atika Chyntya AUDRYA LUVIKA SIREGAR Azhar Ismadi Bintang Elvina Chelin Claudia Chessa Stefany Choky Saragih Dearma P Parulian Deta nia Deta Sukarja DWI CESARIA SITORUS Elisabeth Silalahi Elizabeth Magdalena Aritonang EVAN TAMBUNAN Fahrunnisa Fahrunnisa Faisal Akbar Nasution Fitria L Longgom Fitria Longgom Frans Kalep Frans Kalep Franto Bitmen Gabriel Damanik Gom Banuaran Hafizh Fahran Hana Fairuz Hanssen Hari Wijaya HERRY FEBRIAN Ika Indriani Irene Manik Irwan Geofany Johan Silalahi JOHN SIPAYUNG Junita Sari Sari Keizeirina Devi Keizerina Devi Keizerina Devi Azwar Kristina Roseven Nababan LETARI Sinurat Lina Purba Lismar Wahyuni Lolita Rinelsia Lorensia Perangin-angin Lucita Lucita Lusy Sri M IRWANSYAH PUTRA M KHARRAZI M RASYID RIDHA Mahmud Mulyadi Mahmul Siregar Mar’ie Muhammad MONA WINATA SIAHAAN MUAMAR ZIA NASUTION Muhammad Akbar Muhammad Hadi Muhammad Septo Nada Syifa Natasia Agustin Nikita Nasution NINGRUM NATASYA SIRAIT Nurul Efridha Priawan Harmasandi Priscila Patricia Raditya Riandy Rally Aditya RAMLI SIREGAR Raymond Lumban Gaol REBEKKA DOSMA SINAGA Refi Chairunnisa Riomaulana Siddik Ririn Aprillyani Rommy Hamzah Rommy Yudistira Lubis Rumata Rosininta Sianya Ruth Marbun Ruth Siallagan Rydayanti Simanjuntak Salomo Kevin Sarah Pratiwi Sarti Sonnia Silvia Pratiwi Siti Sahara Sonya Marcellina STEPHEN RICHARDO Steven Bukit Suci Puspita Suhaidi Suhaidi Sukarja, Detania Sunarmi Sunarmi T. Keizerina Devi T. Keizerina Devi Azwar Tan Kamello Tania Siregar Theresia Alisia Tri Murti Utary Maharany Barus Vanesia Murni Vivi Elvina WAFDANSYAH ANGGI HUSAINI Winda Ramadhani WINDHA WINDHA Windy Sri Wahyuni Yabes Marlobi Yabes Marlobi Yessica Agnes YUNITA PANJAITAN Yunus Abidin Zepryanto Saragih

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