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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
A. Zulkarnain
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Legal Aspects of Regional Development Financing Through Issuance of Local Bonds R. Sugiharto; Andi Aina Ilmih; A. Zulkarnain
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5051

Abstract

This study focuses on financing regional development through the issuance of regional bonds. By analyzing regional bonds as a source of financing for infrastructure development in the region, thus encouraging researchers to conduct in-depth studies of the legal regulation of regional bonds as a source of regional financing and things that have the potential to become obstacles in the issuance and trading of regional bonds as a source of development financing. area. This research is an empirical juridical research. Sources of research data are primary and secondary data. Data analysis used descriptive qualitative analysis method. The results of this study indicate that the legal and policy arrangements related to Regional Financing through the Issuance of Regional Bonds are contained in the PERMENKEU RI Number 180/PMK.07/2015 concerning Amendments to the PERMENKEU RI Number 111/PMK.07/2012 concerning Issuance Procedures and Accountability Regional Bonds. Things that have the potential to become obstacles in the issuance and trading of regional bonds, namely: normative factors and empirical factors. First, the normative factor is caused by disharmony between laws and regulations. Second, empirical factors related to the institutional relationship between the central and local governments related to the existence of administrative requirements before the issuance of regional bonds that must be fulfilled and; 2) related to the availability of Human Resources who still have limited understanding in the management of regional bonds.
Juridic Implications of Government Policy in Law on the Implementation of Higher Education Foundations A. Zulkarnain
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5132

Abstract

This study focuses on the implications of government policies in legislation on the implementation of higher education. This research method is normative with a concept/theory approach, legislation, and cases. The data used is secondary data in the form of primary and secondary legal materials. The results of the study indicate that government policies in the legislation on foundations and higher education have implications for the establishment of foundations which were previously based on custom and jurisprudence, and were then required to conform to the law on foundations. On the management side, foundation organs consisting of coaches, administrators and supervisors are required to comply with the applicable foundation and higher education laws and regulations. by maximizing the performance of the elements of the foundation's organs and the existing higher education leaders according to their respective duties and functions and responsibilities to realize the social goals of the foundation. Foundation organs are prohibited from holding concurrent positions within the foundation and in the administration of higher education. In the appointment of foundation organs, it is forbidden to be affiliated between the coaches, administrators and supervisors. Supervision of foundations is carried out by internal supervisors appointed by the foundation, and external supervisors from the government, namely from relevant agencies and the community. Deviations in the organization of foundations and higher education institutions may be subject to criminal, civil and administrative sanctions according to the type and level of violation of the organ concerned.
Dissolution of Higher Education Foundation and Its Legal Consequences A. Zulkarnain
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 2 (2023): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i2.7578

Abstract

This study focuses on the reasons for the dissolution of higher education foundations and their legal consequences. The research method used is Normative Juridical with a statutory approach, theories/concepts, cases related to the dissolution of higher education foundations. Then the data used is secondary data in the form of legal materials. The results of the study show that the reasons for dissolving or dissolving a foundation are 1)The period specified in the Articles of Association ends; 2) The goals of the Foundation set out in the Articles of Association have been achieved or not achieved; 3) Court decisions that have permanent legal force are based on the following reasons: The foundation violated public order and decency, was unable to pay its debts after being declared bankrupt, or the foundation's assets were insufficient to pay off its debts after the bankruptcy declaration was revoked(Article 62 UUY No.16 of 2001).However, according to Rudhi Prasetya, the Foundation can also be dissolved based on the decision of the Foundation Trustees Meeting which fulfills a 2/3 quorum and is approved by at least 2/3 of the votes present, this is not regulated in the Law or the Foundation's Articles of Association.The dissolution of the foundation must be followed by liquidation involving the builders, administrators, curators, prosecutors, creditors, and others who have an interest in the dissolving foundation.Foundations that are disbanded have legal consequences, namely that they cannot take legal action anymore, except for the Trustees and Management of the Foundation, they are obliged to follow the liquidation process until it is finished. The remaining assets resulting from the liquidation were handed over to other foundations that had the same activities as the disbanded foundation (Article 68 paragraph (1) UUY 2004). The dissolution of the foundation also has an impact on tertiary institutions as their activities/businesses, to be transferred to foundations of the same type or of the same nature and activities/business, in this case private higher education foundations (PTS).
Co-Authors Andi Aina Ilmih R. Sugiharto