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TANGGUNG JAWAB DIREKSI TERHADAP PEMEGANG SAHAM BERITIKAD BAIK ATAS PEMBELIAN KEMBALI SAHAM YANG BATAL KARENA HUKUM MARHARA TUA MULYADI TAMBUNAN; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The  responsibility of director as the result of negligence in performing the work to the stakeholders is as full  responsibility. Regarding the responsibility,  the director must return all losses suffered by stakeholders since repurchase  of the shares is against  the prevailed law in company. The thesis  studied  some  problems about the responsibility  of  director and stakeholders in running  company, how is legal clause governing  repurchase of share by the company, and how is the responsibility of director to  stakeholders  with  good-will  on  repurchase of postponed shares by legal  according to  Act No 40  of  2007 concerning with  limited company. The method of research used  was  normative  research method  by collecting  data from library and secondary data from books, articles, newspapers and magazines  as well as  laws. The results of research concluded that the responsibility of director is  fully to implement and run  the company, whereas the responsibility of stakeholder is limited to  and  focus on  the  principle of  separate  entity and corporate entity producing limited stakeholders. Legal clause governing  repurchase of  shares  by the company   is  UUPT which allows the company  to  repurchase its shares and can be seen in  article  37, article  38, article  39 and article  40  UUPT. Kata Kunci: Tanggung Jawab Direksi, Pemegang Saham Beritikad Baik, Pembelian Kembali Saham.
PERTANGGUNGJAWABAN DIREKSI KARENA KELALAIAN ATAU KESALAHANNYA YANG MENGAKIBATKAN PERSEROAN PAILIT MARTHA VIVY; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Company Limited as a legal entity has the responsibility to limit. He admitted the company as an institution incorporated under the Act, has placed the company as a legal subject that is considered competent to perform legal actions and be responsible for all legal actions he made. One of the important organs in the course of the company are directors. Directors are given confidence by the shareholders through the mechanism of the General Meeting of Shareholders to be organ of the company who takes care of and manage the company. In this case, if there is loss of wealth caused by the actions of the company's directors are incorrect, negligent or committed an unlawful act, the company is the only party entitled to claim the loss. There is no clear and definite statement regarding the position of directors in a company, which is obviously the company's board of directors is the governing body of the most high, and has the right and authority to run the company. In other words, the board has the scope of duties as a board member of the company. The Company can’t be separated from the possible inability to pay debts that have matured and can be charged by creditors, then the existence of such circumstances, the company may be filed for bankruptcy. In the care of the company, directors should not be mistaken or negligent. Directors said wrong or negligent which resulted in the company declared bankruptcy, namely the lack of good faith by the board of directors to pay off debts to creditors. Directors negligent carry out debt payments to creditors. So the directors can be held liable jointly and severally through bankruptcy proceedings in the Commercial Court.   Kata Kunci: Pailit, Perseroan, Tanggung Jawab Direksi
ANALISIS YURIDIS PENGADAAN BARANG/JASA YANG DILAKUKAN DINAS PENDIDIKAN KOTA TANJUNGBALAI DITINJAU DARI PERATURAN PRESIDEN NOMOR 54 TAHUN 2010 TENTANG PENGADAAN BARANG/JASA PEMERINTAH DENNY SANJAYA; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The  government did many efforts to enhance the quality of human recources. One of the effort is by providing the instances with good things and service that involvies some parties, such as the user and the provider. In fact, there was so many rules that regulates the government activities in this case, that sometimes makes some uncertain legal inside it. The rules are so old and not update but government still using them to maintain the governmental process. The government doesn’t has the absolute responsibility in providing the instances with good things and services. The also helped by the parliament in decided and validatedthe RAPBN. The region government is also helped by the region parliament. Provides the instances with good things and services will be held if it was noted in RAPBN/RAPBD which made by the government that also helped by the region parliament. The RAPBN/RAPBD will become APBN/APBD. In this thesis that titled Juridice Analysis About Provides Things and Services That Held by the Tanjungbalai Educetion Departement reviewed from the President Regulation Nomor 54 Tahun 2010, the President Regulation Nomor 54 Tahun 2010 was change become President Regulation Nomor 70 Tahun 2012 about Providing things and services. The regulation manage about the principal and ethical in providing goverment things and services. In the president regulation about providing government things and services includes of the practice steps from the variety methodes. The contract is one of the important part in providing government things and services. Key words : Pemerintah, pengadaan barang/jasa, kontrak.
PERTANGGUNGJAWABAN PENGURUS YAYASAN TERHADAP PAILITNTA YAYASAN MENURUT UNDANG-UNDANG NO. 16 TAHUN 2001 SERTA PERUBAHANNYA (UNDANG-UNDANG NO. 28 TAHUN 2004 TENTANG YAYASAN) EDDY PUTRA MELIALA; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Fondation as a nonprofit institution, that is generally engaged in education, health, the field of religion, culture, and social areas. Fondation is a legal entity consisting of wealth separated and destined to achieve certain goals in the social, religious, and humanitarian who has no members. Fondations can establish a business entity whose activities are in accrordance with the intent and purpose of the foundation. How the establishment of the fondation, as well as the formation of necessity fondation has been set in the notarial dedd. So too has about organ foundation, namely builder, administrators, and supervisors. The issue in this skripsi is how to setup the foundation according to Law Number 16 Year 2001 Jo. Law Number 28 Year 2004 on the Foundation, how bankruptcy foundations, as well as how the board accountability to its foundations bankruptcy. The research method used type of normative legal research. Source of data used are secondary data, which consists of primary legal materials, secaondary, and tertiary. Data was collected by the engineering literature study and analysis of data using qualitative and inductive approach dedukatif. Setting the foundation under the Act include the establishment of the foundation that requires the establishment of the notarial deed of foundation, the foundation also set about organ consisting of supervisors, managers and supervisors. An experienced bankruptcy foundations can be caused by the foundation has two or more creditors and not pay in full at least one debt that has matured and can be billed, declared bankrupt by a court decision. Accountability board to bankrupt its foundation is as stipulated in Article 39 of Law Foundation is if bankruptcy occurred because of errors or omissions and intellectual foundation board is not enough to cover the losses caused by bankruptcy.   Kata Kunci :  Tanggung Jawab, Pengurus, Yayasan, Kepailitan
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.
ASPEK HUKUM PERLINDUNGAN TENAGA KERJA ASING DI PERUSAHAAN INDONESIA YANG BERADA DALAM KEADAAN PAILIT YUVINDRI YUVINDRI; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Companies in Indonesia require skilled labor in certain fields, where the field work cannot be filled by Indonesian workers, so that the companies need foreign labor to cultivate his company. Therefore, the problem in this thesis is how the position of foreign workers in an Indonesian company, how an Indonesian company is said to be in a state of bankruptcy and how the protection of foreign workers in an Indonesian company is declared bankrupt. The method used for this thesis is a normative legal research or library research, by collecting materials from books, legislation, journals and the Internet are closely related to the intent and purposes of the preparation of this manuscript. Position of foreign workers in Indonesia are as labor. Indonesian companies which are in a state of bankruptcy is a company that has two or more creditors and not pay in full at least one debt that has matured and can be billed, declared bankrupt by a court decision, either on its own or upon petition of one or more creditors petition. Protection of foreign workers in Indonesia are bankrupt companies as same as workers in Indonesia, namely the protection of Wages and Termination. Keywords: Perusahaan,Kepailitan,Perlindungan Hukum, Tenaga Kerja Asing
PEMBIAYAAN TALANGAN HAJI DALAM PERBANKAN SYARIAH DITINJAU DARI UNDANG-UNDANG PERBANKAN SYARIAH FAISAL FANI NASUTION; MAHMUL SIREGAR; RAMLI SIREGAR
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Product of Fund of Roof-Gutter Haji represent the Product pertained a new innovation in Transaction some Moslem law Bank. This Product meant to close over the fund insuffiency which not yet answered the demand to candidate Haji by Loaning a number of money (Qardh) with the Guarantee of Deposit of Client of candidate Haji, last to the that loaning service Bank draw A number of Fee / ujrah (in this case Ijarah) as Religious advices DSN-MUI : Number 29/DSN-MUI/VI/2002, however in 2 (this two) akad happened the problems when application into Product of Fund of Roof-Gutter Haji to be explained after this, but before that it is better if evaluating one per one congeniality every akad that is Al-Qardh and Al-Ijarah. Problem of this research namely defrayal in Moslem law banking, hereinafter Defrayal of roof-gutter haji according to No. 21 year 2008 about Banking Moslem law and also protection punish to bank client in defrayal of roof-gutter haji evaluated from No. 21 Year 2008 About Moslem law Banking. This research use the approach of yuridis normative because this research use the data sekunder to analysis the contractual terms bank with  debitor and also its law protection aspect principally Moslem law. Bank Moslem law is the part of Banking Moslem law apart rom Business Unit Moslem law (UUS), while Bank Moslem law consisted of public Bank of Moslem law and Bank of Defrayal of Moslem Law People (BPRS). In of banking of Indonesia of Number 21 Year 2008 differentiating bank [of] pursuant to its business activity become two, that is bank executing business activity conventionally and bank executing business activity pursuant to Moslem law principle. No. 21 Year 2008 about Banking Moslem law not arrange peculiarly the defrayal of roof-gutter haji, at Section 21 only explaining business activity of Moslem law banking. this Roof-Gutter defrayal guaranteed by deposit had by client, client obliged to return a number of money loaned certain within. To the service of loaning of this roof-gutter haji fund, bank Moslem law get a run for the ( fee / ujrah) which is the level of not relied on  the amount of loaned fund. Protection of Client of fund of roof-gutter haji given early on namely with the existence of information of existence of bank Moslem law informatively, so that in have competition with the other bank will get the position which suitable and acceptable. Ambulatory protection early on better by giving information which its credibility accountable from all aspect.   Keyword : Pembiayaan Talangan Haji, Perbankan Syariah
PENYELESAIAN PEMBIAYAAN BERMASALAH MELALUI PARATE EKSEKUSI OBJEK JAMINAN FIDUSIA PADA PT. PEGADAIAN (PERSERO) CABANG MEDAN UTAMA MAURITS MR SITOHANG; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Fiduciary agreement is defined as a contract whereby a person, as a debtor (fiduciary assignor party) agrees with another person, the creditor (the fiduciary assignee party) which is mostly a credit institution or similar regulated entity, on the transfer of ownership of moveable assets constituting a fiduciary estate to the aforementioned fiduciary subject to obligations determined by the parties. This is why this agreement also called as the fiduciary transfer of ownership. This kind of agreement represent a less costly and more efficient choice, as the creditor did not have to keep and taking care of the assets, while the debtor still maintains the possession and able to make use of the encumbered assets. In other words, only the legal right of ownership of the assets are temporarily transferred to the hand of a creditor as security / guarantee for the debtor obligations, until the debt is repaid. For these reason, such agreement are considered to be a useful alternatives in arrangement of a credit facilities for both credit institution, in this case PT. Pegadaian (Persero) Cabang Medan Utama and their customer. This research is meant to see how the direct execution on a fiduciary guarantee as a settlement of a non-performing loan on a fiduciary agreement at PT. Pegadaian (Persero) Cabang Medan Utama through a juridical approach using a methods that focused on the legal rules related the problems, with the qualitative data analysis to the laws with theorical concepts, opinions of experts, and other legislations relating to this study, and then to be compared with the field data. Execution by using an executorial title must be carried out by a civil lawsuit filed to the courthouse, which is then will be titled by the court of justice to proceed the execution, according to the courthouse’ verdict. Fiduciary transfer of ownership, prior to the Law No. 42 of 1999 concerning Fiduciary Transfer entitled the creditor the right to directly executed the guaranteed assets and then allowing the creditor to sell the goods to satisfy his debt, followed by returning what remains from the proceeds of the sale to the debtor.   Kata Kunci : Parate Eksekusi, Jaminan Fidusia, Pengurus.
PERTANGGUNGJAWABAN ORGAN YAYASAN ATAS PAILITNYA YAYASAN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2001 Jo UNDANG-UNDANG NOMOR 28 TAHUN 2004 TENTANG YAYASAN NUR HIDAYAH; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Foundation is a legal entity generally in education, health, the field of religion, culture, social areas,and humanitarian who has no members. Foundation runs its activities througt organ foundation, namely builder, administrators, and supervisors. Organ foundation in managing foundations can lead to a foundation for bankruptcy is not always caused by negligence organ foundation in managing the foundation. The issue in this skripsi is how legal regulation on the management of the foundation according to law number 16 year 2001 Jo. Law number 28 year 2004 on the foundation, how bankruptcy foundation, as well as how accountability organ foundation bankruptcy foundations. The research method used type of normative legal research. Source of data used are secondary data, which consists of primary legal materials, secaondary, and tertiary. Data was collected by the engineering literature study and analysis of data using qualitative and inductive approach dedukatif. Setting the foundation by law include the eatablishment of the foundation that requires the establishment of foundations in the notarial deed, also be set on a foundation consisting of organ builder, administrators, and supervisors. A foundation can suffer due to bankruptcy because the foundation has two or more creditors and not pay in full at least one debt that has matured and can be billed, declared bankruptcy by court. Organ responsible for bankruptcy foundation is provided for in law foundation that is if bankruptcy occurred because of errors or omissions in the wealth management and supervisory foundation is not enough to cover the losses caused by bankruptcy.   Kata kunci  :  Tanggung Jawab, Organ, Yayasan,Kepailitan
PENYELESAIAN KREDIT MACET MELALUI LEMBAGA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) Dini Syakina Siregar; Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

To enter the era of globalization and face the ever-growing national economy moving fast, the banking sector is one of the sectors that should be developed and fully utilized to realize the income distribution. Terms of the law, the presence or absence of bad loans that hit a bank, does not result in a shift or change in the legal relationship between the creditor banks on the one hand and customers who have bad credit debtors on the other. The formulation of the problem that is discussed in this paper is on how the handling of bad loans in the banking environment, and discussed the relationship between the bagimanakah Suspension of Payment (PKPU) with bad credit, and at the end of this thesis is discussed more about how loan resolution through non Suspension of Payment (PKPU). Handling bad debts in the banking environment is done in two ways: first, preventive efforts in handling bad debts by banks and secondly, the bank will undertake repressive measures to rescue the rescheduling loans (rescheduling), the only change in credit terms regarding schedule payment and / or duration. Relationships that exist between PKPU with bad credit is PKPU can be done either to avoid bad credit. This is evident from the characteristic PKPU as stated in Chapter III Section 222-294 UUK. Loan resolution through PKPU can be done by both the debtor and creditor (bank) in order to propose a peace plan that includes an offer to pay part or all of the debt to the creditor with the following steps. Whereas in the case of PKPU petition filed by a creditor, the court must grant the petition immediately PKPU no later than twenty days from the registration of the application. The court must appoint a supervisory judge and appoint one or more administrators. Commercial Court decision on temporary PKPU is valid for a maximum of forty days and after that it should be decided whether the PKPU can continue to be a PKPU regularly in accordance with Article 225 paragraph (3) Labor Law and PKPU; PKPU next stage is fixed, after a specified delay while debt repayment obligations, the Commercial Court through official must call the debtor and the creditor in question to appear in a hearing held not later than forty-five days since the enactment of the decision PKPU while. In the trial will decide whether it can be given PKPU be fixed with a view to allowing debtors, trustees, and creditors to consider and approve peace. The PKPU can be approved if it is still in accordance with Article 229 Paragraph (1) Labor Law and PKPU.   Keywords: Kredit, penyelesaian, Penundaan Kewajiban Pembayaran Utang (PKPU).
Co-Authors Bismar Nasution BUDIMAN GINTING DENNY SANJAYA Dila Afifah Dini Syakina Siregar EDDY PUTRA MELIALA FAISAL FANI NASUTION M IRWANSYAH PUTRA M. Rizky Faizha Putra Mahmul Siregar MARHARA TUA MULYADI TAMBUNAN MARTHA VIVY MAURITS MR SITOHANG Nur Hidayah Roma Victoria T. Keizerina Devi Azwar WINDHA WINDHA YUVINDRI YUVINDRI