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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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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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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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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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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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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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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.

PERLINDUNGAN HUKUM TERHADAP PEMEGANG OBLIGASI DALAM PAILITNYA SUATU PERUSAHAAN PENERBIT OBLIGASI Bismar Nasution; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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A corporation issuing an obligation in generally is requiring a fresh fund in highly quantity, some cases such corporation shall find difficulties to have one single creditor to provide the fund as required. As alternative in solving the problem, urged to issue some sheet obligations. Referring in issuing an obligation, the issuer of such obligation may got bankcruption at any time. In correlating with it, such bearer of obligation need legal protection against the obligations that one owned. In this situation, the bearer of obligation is allowable commit legal action if the bearer of the obligation get no any legal protection upon the obligations as posses. In connecting with the cases as mentioned aforesaid, it is necessary to provide a specific formulation that has been taken as follow : how it legal correlation that may emerge in connecting with issuing obligation, how is bankrupt for any corporation may take place, how is legal protection given on the holder of obligation while taking place a bankrupt for a corporation issuing an obligation. This study adopted a normative law method, in reality it is recognized a library research. Still, in a study with normative legal provided in process all the data secondary and then use as necessary. This study with result showed clearly that the correlation of law base between the issuer of obligation (emitter) and investor as holder of obligation is a legal connection in debts and credit emerging in the agreement. A bankrupted of corporation issuing obligation is equally with a corporation in bankrupted as generally, the bankrupted itself is allowable to submit if it has fulfilled the requirements in bankrupted as mentioned in the Article 2 point (1) UUK and PKPU. A legal protection on the holder of obligation while taking place bankrupted corporation issuing the obligation is certainly a legal protection that should be provided to the creditor concurrent with the protection as provided to the holder of obligation in such case is known minim, in generally it is assumed not conforming with the credit owned by the holder of obligation on the corporation as issuer for such obligation.

KAJIAN YURIDIS ATAS KEJAHATAN PASAR MODAL DI BURSA EFEK INDONESIA MENURUT UU NO. 8 TAHUN 1995 TENTANG PASAR MODAL Bismar Nasution; T. Keizerina Devi
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Nowdays, capital market plays the important rules in this modern economic era which is supported by the capital market’s crime happened, that is why it needs to be discussed further. The issues that will be raised by the author is the categories of capital market included the legal base, the solution of capital market’s crimes, the sanction application those are in the Law No. 8 years 1995 to solve the case of capital market’s crimes. 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. This research result proves that there are four categories of capital market’s crime happened in capital market among others are fraud explained in the article 90 UUPM, market manipulation fraud explained in the article 91 and 92 UUPM, insider trading fraud explained in the article 95-99 UUPM dan miss leding information fraud explained in the article 80,81,93 UUPM. The way to handle capital market’s crimes according the PP 46 Years 1995 and UUPM are OJK made a team which consist of the duty of investigation, reporting, the given of administration sanction, and the further action by the prosecutor if there is any crime. All the sanctions that are given by Bapepam for every case that are happened in BEI likes the fraud case of PT Sarijaya Permana Sekuritas, market manipulation case of PT Dharma Samudra Fishing Industries Tbk, insider trading case of PT PGN, miss leading information case of PT Bank Lippo Tbk which is reviewed by the Law No.8 Years 1995 is very weak because the sanction terminates to the administrative sanction.

ASPEK HUKUM PENGGUNAAN SPECIAL PURPOSE COMPANYUNTUK PENGELOLAAN DANA INVESTASI REAL ESTATE DALAM KONTRAK INVESTASI KOLEKTIF Suci Puspita; Bismar Nasution; Deta nia
TRANSPARENCY No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRAK ASPEK HUKUM PENGGUNAAN SPECIAL PURPOSE COMPANYUNTUK PENGELOLAAN DANA INVESTASI REAL ESTATE DALAM KONTRAK INVESTASI KOLEKTIF Suci Puspita Ningrum.* Prof. Dr. Bismar Nasution, SH. M.H** Dr. Detania Sukarja, SH.,LLM.*** Dalam praktiknya, SPC dapat digunakan untuk menyamarkan identitas dari pemiliknya melalui konsep pemisahan pemilik dengan badan hukum Korporasi. Penyamaran identitas ini umumnya dilakukan dengan jalan mendirikan belasan, puluhan atau mungkin lebih banyak lagi SPC dan menciptakan struktur kepemilikan atas SPC tersebut yang berlapis-lapis di berbagai yurisdiksi (yang tentunya melibatkan banyak negara). SPC dalam DIRE-KIK berbentuk PT. Sehingga pembentukan SPC memerlukan perjanjian para pemegang kewajiban atas SPC.Dalam mendirikan sebuah PT harus memenuhi sejumlah syarat sesuai ketentuan Perundang-undangan yang berlaku. Terdapat beberapa syarat yang harus dipenuhi pendirian perseroan sah sebagai badan hukum. Kontrak atas SPC tersebut, dibuat antara Manajer Investasi dan Bank Kustodian yang juga mengikat pemegang unit penyertaan sebagai investor. Melalui kontrak ini, Manajerm Investasi diberi wewenang untuk mengelola portofolio kolektif dan Bank Kustodian di beri wewenang untuk melaksanakan penitipan dan administrasi investasi kolektif.

ASPEK HUKUM PENGGUNAAN SPECIAL PURPOSE COMPANYUNTUK PENGELOLAAN DANA INVESTASI REAL ESTATE DALAM KONTRAK INVESTASI KOLEKTIF Suci Puspita; Bismar Nasution; Deta Sukarja
TRANSPARENCY No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRAK ASPEK HUKUM PENGGUNAAN SPECIAL PURPOSE COMPANYUNTUK PENGELOLAAN DANA INVESTASI REAL ESTATE DALAM KONTRAK INVESTASI KOLEKTIF Suci Puspita Ningrum.* Prof. Dr. Bismar Nasution, SH. M.H** Dr. Detania Sukarja, SH.,LLM.*** Dalam praktiknya, SPC dapat digunakan untuk menyamarkan identitas dari pemiliknya melalui konsep pemisahan pemilik dengan badan hukum Korporasi. Penyamaran identitas ini umumnya dilakukan dengan jalan mendirikan belasan, puluhan atau mungkin lebih banyak lagi SPC dan menciptakan struktur kepemilikan atas SPC tersebut yang berlapis-lapis di berbagai yurisdiksi (yang tentunya melibatkan banyak negara). SPC dalam DIRE-KIK berbentuk PT. Sehingga pembentukan SPC memerlukan perjanjian para pemegang kewajiban atas SPC.Dalam mendirikan sebuah PT harus memenuhi sejumlah syarat sesuai ketentuan Perundang-undangan yang berlaku. Terdapat beberapa syarat yang harus dipenuhi pendirian perseroan sah sebagai badan hukum. Kontrak atas SPC tersebut, dibuat antara Manajer Investasi dan Bank Kustodian yang juga mengikat pemegang unit penyertaan sebagai investor. Melalui kontrak ini, Manajerm Investasi diberi wewenang untuk mengelola portofolio kolektif dan Bank Kustodian di beri wewenang untuk melaksanakan penitipan dan administrasi investasi kolektif.

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