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Bismar Nasution
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ANALISIS TERHADAP PENGATURAN DAN PENGAWASAN BANK DENGAN KELUARNYA UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN EVAN TAMBUNAN; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The article of Law No. 3 of 2004 concerning to Bank Indonesia requires the establishment of supervision on financial service sector include banking, insurance, pension fund, security, venture capital and financing company an others institutions that manage the society fund. The institution with authority on regulation and supervision to financial service sector industries in Law No. 21 of 2011 is called as Financial Service Authority. The research method applied by writer is descriptive analytic study. The approach applied is normative juridical that review and test the data related to the issuance of Law No. 21 of 2011 concerning to OJK. The data is collected by library study to collect the secondary data. Based on the research, it is indicated that OJK has a positive and negative impact in banking. The positive impact is an effective coordination mechanism in handle any problems in financial system in order to assure the achievement of financial system stability and fulfill the supervision requirement such as independency, accountability, transparency, efficiency and affectivity of bank supervision. The negative impact is the obstacles in make coordination with the Bank Indonesia and any difficultness in apply the function of Central Bank as Lender of Resort because in the implementation of the function, central bank requires accurate and updated information about banking condition. The other impact may be occurred in the current financial condition and the high cost of banking supervision will cause the deficit of National Budget (APBN) Kata Kunci: OJK, Pengaturan dan Pengawasan Bank
PERANAN OTORITAS JASA KEUANGAN DALAM MELAKUKAN PENGATURAN DAN PENGAWASAN TERHADAP BANK M IRWANSYAH PUTRA; BISMAR NASUTION; RAMLI SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Otoritas Jasa Keuangan memiliki fungsi, tugas, wewenang pengaturan dan pengawasan terhadap kegiatan di dalam sektor jasa keuangan secara terpadu, independen, dan akuntabel khususnya dalam dunia perbankan. Permasalahan dalam penelitian ini adalah: pertama, bagaimanakah independensi Otoritas Jasa Keuangan dalam mengatur dan mengawasi bank? kedua bagaimanakah peranan Otoritas Jasa Keuangan dalam pengaturan dan pengawasan terhadap bank? ketiga bagaimanakah peranan Otoritas Jasa Keuangan dalam perlindungan konsumen dan penyidikan? Jenis metode penelitian yang digunakan adalah yuridis normatif dan sifat penelitian adalah deskriptif. Disimpulkan: pertama, independensi OJK dalam pengaturannya bebas dari campur tangan pihak lain dan tidak disebutkan bebas dari campur tangan Pemerintah. Pengaturan demikian ini berpotensi menimbulkan campur tangan dari pihak Pemerintah. Kedua, peranan OJK dalam pengaturan dan pengawasan bank sangat luas menyangkut pengaturan dan pengawasan terhadap mikroprudensial. Ketiga, peranan OJK dalam perlindungan konsumen memberikan informasi dan edukasi kepada masyarakat atas karakteristik sektor jasa keuangan, layanan, dan produknya yang baik. Menghentikan kegiatannya jika kegiatan tersebut berpotensi merugikan konsumen. Disarankan: pertama, agar pengaturan independensi OJK ditambahkan dengan unsur bebas dari campur tangan Pemerintah agar tidak menimbulkan potensi campur tangan Pemerintah. Kedua, agar dalam melaksanakan tugas pengaturan OJK benar-benar memperhatikan aspek kepentingan ekonomi nasional daripada kepentingan pelaku usaha. Ketiga, agar ketentuan OJK memfasilitasi penyelesaian pengaduan konsumen diperjelas agar tidak menjadi bias seolah-olah OJK memfasilitasi konsumen dari aspek finansial. Kata Kunci: Independensi, Otoritas Jasa Keuangan, Pengaturan dan atau Pengawasan, Bank, Perlindungan Konsumen.
KAJIAN YURIDIS TERHADAP INVESTASI GADAI EMAS DI PERBANKAN SYARIAH M KHARRAZI; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

One of the banks that have Islamic sharia pawning gold products, commonly known as the Golden Pawn Bank Syariah Mandiri which binding financing using qardh agreement in order rahn. Funding is provided to customers who have gold and need money immediately. This is evident from the rise of sharia pawning gold (rahn) who allegedly deviated from its original purpose. This concern arises because sharia should bertumpuh lien on Islamic principles which the essence is to help people to get funds quickly and for working capital. In practice, sharia pawning gold began to leave the essence and more widely used for profit through repeated practice of speculative mortgage. The research was conducted using the method of normative legal research or legal research literature, the data used are the primary legal materials, secondary, and tertiary, while the data collection is done with the study of literature (library researh). The method used in analyzing the data is qualitative analysis. Based on the results of the study authors that the legal basis for the gold investment in Islamic perspective is the verses of the Qur'an Surah Al-Baqarah (2) Section 283 is grounds relied upon in developing the concept of Islamic mortgage (Rahn). Hadith of the Prophet Muhammad in the hadith that Aisha riwayatkan by Muslim Faith, ijma 'ulama agreed on the permissibility of the legal status of liens, and the Islamic National Fatwa council chamber Ulama Indonesia (DSN-MUI) became one of the references relating to liens sharia (Rahn). Specifically with regard to sharia law lien (Rahn), MUI through the National Islamic council issued a fatwa No.: 25/DSN-MUI/III/2002. Arrangements relating to investment gold pawning at sharia banks namely, Bank Indonesia Regulation. 10/17/PBI/2008 On Islamic Banking products and Sharia that in order to avoid the risk of loss, the Islamic Bank and Islamic Business Unit obliged to maintain the quality of its financing, ne of the effort to maintain the quality of the financing, Islamic banks and Sharia can restructure financing of customers who have business prospects and / or ability to pay and estrukturisasi Financing Financing only be made for the quality of Substandard, Doubtful and Loss that must be supported by analysis and evidence of adequate and well- documented. Circular Letter of Bank Indonesia (SEBI) No.. 14/7/DpBs dated February 29, 2012 concerning the rules contributed to pawn gold pawn gold trigger for increased business, especially in Islamic banking. Given this rule, gold pawning business become more organized, and only for urgent short-term loans. No more gold for investment fiduciary practices. Keywords: Investasi, Gadai Emas
ASPEK YURIDIS KEPEMILIKAN SAHAM BAGI KARYAWAN PADA PERSEROAN TERBUKA (PT. Tbk) ANDREW J TARIGAN; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

As part of the world community business management company in Indonesia is affected from management practices in other country,especially in advanced countries. One of the practice is introduction a manajemen program human resources the Employee Stock Ownership in a Public Company. This research is meant to see how the regulations of the employee stock ownership,how the medium and subject matter in employee stock ownership and procedure, and stock ownership in other county and indonesia. The Research Methods in this study is a yuridis empiris research that is a researching  how the Bapepam regulated and a Prior to  the Law 40 of 2007 concerning incorporated company in assessing the effect of granting shares to employees againts incorporated company. In this research, it can be seen in Indonesia no special provision how to regulate Stock Ownership Plans. The legal basis of the stock ownership plans in Indonesia be regulated in prior to the law No.40 of 2007 concerning incorporated company in clause 43 concerning about stock ownership plans, and clause 51,52 and 61 concerning about shareholder rights and organize about legal acts the company, and the legal basis of the stock ownership plans is Bapepam No.IX.D4 concerning HMETD.     Key Words: Tenaga Kerja, Kepemilikan Saham, Perusahaan Terbuka
PERANAN REKSADANA SYARIAH DALAM PENINGKATKAN INVESTASI DI INDONESIA M RASYID RIDHA; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Reksadana Moslem law represent the medium of mixture invesment joining share and obligation Moslem law in one product which dikelolah by Invesment Manager. Existence Reksadana prove that capital market not merely just just nob people monopolies. Pass the reksadana, petitborgeois under even also can enjoy the advantage from the company share. Meagrely investor money can enjoy the advantage from share and other invesment instrument, and will more and more opportunity to society to participate. Problem of this research How arrangement of reksadana of Moslem law in Indonesia, forms of agreement execution (akad) in invesment mechanism the reksadana Moslem law,and How protection punish to investor in invesment the reksadana Moslem law. Method used in this writing thesis is research method punish the normatif. With the data collecting in book study (library Reseach). Writer use bibliography research / library reseach. In this case research punish by bibliography research or referred with the research normative. Pursuant to research result obtained that Arrangement of reksadana  Moslem law in Indonesia, arrangement concerning this reksadana in positive law, both for conventional and also which is pursuant to Principle Moslem law is same that is arranged in No. 8 Year about Capital Market technical regulation and in the form of Governmental Regulation, Decree Of The Minister For Finance, and regulation by Bapepam and regulation by Effect Exchange as Self Organitation Rgulatory (SRO). Forms of agreement Execution (akad) in invesment mechanism [pass/through] the reksadana Moslem law, mechanism of invesment reksadana in fact loo like with the sharing holder invesment. All investor and invesment manager " idol" to the invesment into various invesment product needing big capital. Protection punish to investor in invesment [pass/through] the reksadana Moslem law, protection forms punish to investor which is there are in agreement, Regulation of Bapepam and fiduciary duty, relate to the duty of Invesment Manager in managing Reksa Fund for the sake of investor   Keyword : Reksadana, Hukum Islam, Investasi.
TINJAUAN HUKUM FUNGSI YAYASAN YANG DIDIRIKAN OLEH PERSEROAN TERBATAS MONA WINATA SIAHAAN; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The Institution of foundation has been widely recognized and was born in Indonesia since the days of the Dutch Indies government until Indonesia. Prior to the birth of Legislation No.16 of 2001 on the foundation has been no legal provision that regulates regarding the foundation. Up to the birth of the legislation No.16 of 2001 jo. Legislation 28 of 2004 on the foundation, in Article 1 item 1 is mentioned understanding the foundation is a legal entity which consists of the wealth were separated and destined to achieve certain goals in the social, religious and humanitarian who do not have a common member. The issues raised in this thesis is how to arrangement the foundation based on the Foundation of the legislation No. 16 of 2001 jo. The legislation No. 28 of 2004, is how the legal relationship among the limited liability company with the foundation established by the limited liability company and how the function of foundation established by the limited liability company. The research method used in writing this thesis is normative or the law method is also called the method of literature. Normative legal research is the legal research with cultivate and using the secondary data. The results of this research shows clearly that foundation established by the limited liability company as the founder of a foundation separates the beginning a wealth and established the foundation as a legal entity institution. The function of a foundation established by the limited liability company remained perform its functions in the social field, religious and humanitarian and a foundation purpose as provided by the Legislation of the foundation.   Kata Kunci : Fungsi, Yayasan, Perseoan Terbatas.
TANGGUNG JAWAB DIREKSI DALAM MENJALANKAN CSR (CORPORATE SOCIAL RESPONSIBILITY) BERDASARKAN PERATURAN PEMERINTAH NOMOR 47 TAHUN 2012 STEPHEN RICHARDO; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

As a legal subject who support the rights and obligations, one of the Corporate obligations as set forth in the Limited Liability Company Act and Rule The exercise is about social responsibility. The main issues to be discussed in this paper include how the implementation of CSR in Indonesia, how the legal responsibilities of directors and CSR according Limited Liability Company Law No. 40 of 2007 and how the responsibilities of directors in implementing CSR according to Government Regulation No. 47 Year 2012. This writing applies method of normative legal research with data collection Library Studies (Researh Library), by examining library materials or secondary data form the primary legal materials relevant regulations, secondary legal materials related documents and legal materials tertiary which is a clue to primary and secondary legal materials. Secondary data has been compiled is then analyzed using deductive and inductive methods to obtain conclusions. The conclusion of this paper is the implementation of Corporate Social Responsibility (CSR) in Indonesia is based on the Limited Liability Companies Act No. 40 of 2007 and Government Regulation No. 47 Year 2012 and legislation related. The legal relationship between responsibility and CSR directors pursuant to the Limited Liability Companies Act No. 40 of 2007 is the director responsible for the management and maintenance of the company as well as in the implementation of CSR as mandated by Article 74 of the Limited Liability Company Act. Responsibilities of directors in carrying out CSR according to Government Regulation No. 47 Year 2012 is that CSR is the responsibility of the directors, organ company which has overall responsibility for the management company, and has the authority to represent the company, to be followed with respect to the annual work plan and the appropriateness and reasonableness and reporting.   Kata Kunci   : Tanggung Jawab, Direksi, dan Corporate Social Responsibility.
PENYALAHGUNAAN KEWENANGAN PENGURUS DALAM PENGELOLAAN YAYASAN MENURUT UU NO. 16 TAHUN 2001 Jo. UU NO. 28 TAHUN 2004 Angeline angeline; Bismar Nasution; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Foundation is a nonprofit corporation whose purpose on social, humanitarian an religious. Foundation has an organ to manage the foundation. In conducting its activities, the foundation is managed by a board that actively manage the foundation by Indonesia Law No. 16 of 2001 Jo. Indonesia Law No. 28 of 2004 and the Articles of Association of the foundation in order to achive the aims and objectives of the foundation. Board has the duty and authority and resposibility in running the foundation.The authority granted to the foundation’s board is now being abused by the board. Writing method used to compile this paper is the normatif juridical approach, with an analysis of the problems from the approach to the principles of law and refers to the legal norms contained in the legislation. The research was carried out with an emphasis on the data library by library research such as legislation readings, books, papers, magazines an the internet. Abuse of authority in the management board on this foundation may result in losses as well as the other foundation. In the Law Foundation and the foundation’s articles of association have set about authorty board of trustee. There are restrictions that must be adhered to by the board.   Kata Kunci : Penyalahgunaan, Kewenangan, Pengurus, Yayasan.
PERTANGGUNGJAWABAN DIREKSI ATAS PERBUATAN MELAWAN HUKUM YANG DILAKUKAN DALAM MENGURUS PERSEROAN TERBATAS Lorensia Perangin-angin; Bismar Nasution; T. Keizerina Devi Azwar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Limited company, has some components such as RUPS, director and commissioners. Corporate as an Independent legal subject is artificia person, that need the director as a leader. In the same way, a company doesn’t have a function to run their rights and obligations without director’s help. Director’s existence in the company, it’s just like the life in that company. It is impossible for the company, without the director. On the contrary, It is impossible there’s a director without the company. Director’s function is to take care of the company to purpose and objectives of the company in accordance with  good ethics and responsibly. Conduct of the research is normative legal research. First step, the normative legal research based on the secondary law  materials. For example: an inventory of regulations relating to the civil law analysis in particular against setting regarding liability of Directors for tort commited in taking care of the company. It is also taken from the written materials relating to this issue. Director’s responsibility of tort of law, in taking care of the company is set out in article 97 paragraph (1) and (2) of Act Number 40 of 2007, which stated the board of Director is responsible to manage the company, where the mandatory clearance carried out each member with good ethics and full of responsibility. The directors are given the opportunity to defend himself with the business judgment rule. So, the court is obligated check for those decisions whether the actions of the director is indeed in the interest of the company and with good ethics and attention to minorities shareholder in that company. The director’s responsibility is including their own assets in case they are proven violate the duty of care and duty of loyality.   Keywords: Pertanggungjawaban, direksi, perbuatan melawan hukum
PENGANGKATAN DEWAN KOMISARIS DAN DIREKSI BANK MENURUT UNDANG-UNDANG NOMOR 7 TAHUN 1992 JO. UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN Bismar Nasution; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

One of the efforts that can be made to produce a good management structure is via a selection process of the owner and board of management (the board of commissioners and board of directors) on all the banks that carried through to test the ability and propriety (fit and proper test). Appointment of board of commissioners and board of directors of the bank are regulated in the banking act. However, during this appointment of board of commissioners and board of directors of the bank comply with the "no" because there are several incomplete article and was deleted. The problems raised in this thesis is how the appointment of board of commissioners and board of directors of the bank according to the banking law, how the role of Bank Indonesia in the appointment of the board of commissioners and board of directors of the bank, and how the implementation of the regulation of board of commissioners and board of directors the adoption in a law of banking Research methods used in the writing of this thesis is that the normative legal research methods or ways of researching the existing library materials. The first phase of the normative legal research is research aimed at obtaining objective law (legal norms), which is conducting research on legal issues. The second phase of the normative legal research is research aimed at obtaining subjective laws (rights and obligations). Research used are descriptive and used qualitative approaches that aim to understand and grasp the symptoms are examined. Data collection tools include the study of librarianship, legislation, books, scientific papers, etc. The result of this research shows clearly that the appointment of the board of commissioners and board of directors in terms of banking law in practice is not usable because the rules on adoption does not exist. Bank Indonesia's role in the appointment of the board of commissioners and board of directors of the bank is as a regulator and supervisor of banks as mentioned in article 8 subparagraph c act– BI. The implementation of the appointment of the board of commissioners and board of directors of the bank in terms of the banking act in practice cannot be used because there was no appointment regulations.  
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 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 Juita Osti Bulan Lumbantobing 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 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 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 Suprayitno Suprayitno 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