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RAMLI SIREGAR
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Law, Crime, Criminology & Criminal Justice

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PEMINDAHAN HAK ATAS KEKAYAAN YAYASAN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2001 JO UNDANG-UNDANG NOMOR 28 TAHUN 2004 TENTANG YAYASAN M. Rizky Faizha Putra; T. Keizerina Devi Azwar; Ramli Siregar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The transfer of property rights foundation in regard to the provisions set forth in Law No. 16 year 2001 yo Act No. 28 of 2004 ("the Law Foundation"). The principle is based on the provisions stipulated in the Law on Foundations, the transfer of property rights by the Foundation with the approval of the Foundation Board of Trustees Foundation. Other terms and conditions relating to this notice shall further provisions in the Articles of Association of the Foundation. for example, who is authorized to represent the Board and how the shape of the approval granted by the Trustees. 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). Based on the results of the study authors that the management of the property was also deemed necessary foundation rearrangement and self improvement. Management of the Foundation in a professional and efficient with the implementation of the principle of transparency in all its operations is a necessity at the present time. Foundation in the act represented by its officials. Monitoring of the board needs to be done because the board is difficult to interpret what the wishes of the stakeholders. This gives an opportunity for the Board to run the country or company based commentary on what is desired by stakeholders. Supervision is done by limiting the authority of the Board. Keywords: Transfer of property rights, the foundation   Keywords: Pemindahan Hak Atas Kekayaan, Yayasan
PERLINDUNGAN DESAIN INDUSTRI KERAJINAN TANGAN TERHADAP USAHA KECIL MENENGAH MENURUT UU NO. 31 TAHUN 2000 Roma Victoria; Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Protection of industrial design has many benefits for the perpetrators of Small and Medium Enterprises (SMEs). However, the implementation of the registration of industrial design rights are not fully reach the general public, especially people from small industries. It is very contradictory to remember that industrial design protection is an important part of the trading system. Issues raised in this paper is the design of industrial settings, protection against hand-crafted production of small and medium enterprises (SMEs), and industrial design an important role in overcoming the barriers experienced by small and medium enterprises (SMEs). The research method used in this study is descriptive, namely the research literature (Library Research) by collecting material - material from books, magazines, articles, internet, legislation danhasil other scholarly writings are closely related to the purposes of the preparation of the work This scientific.                The results of this study it can be concluded that the Protection of Industrial Design is necessary to protect the handicraft production of small and medium enterprises (SMEs) from losses incurred by its imitators and legal protection that would be obtained by Small and Medium Enterprises offender registration when the work is the exclusive right the crafts related to moral rights and economic rights granted to applicants in recognition of the intellectual work of a small to medium sized businesses. Protection of Industrial Designs for handicrafts will have many benefits for small medium businesses (SMBs). First, small and medium business actors can pursue his imitators prevention of making and selling copies of the original. Second, small and medium businesses can recover damages, either actual or legal advantages. Legal protection will be at the party to register for the work and have proof of registration certificate. Keywords: Desain Industri, Usaha Kecil Menengah.
PERAN KEMITRAAN BADAN USAHA MILIK NEGARA TERHADAP USAHA KECIL MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2008 TENTANG USAHA MIKRO, KECIL DAN MENENGAH (STUDI KEMITRAAN PT. TELKOM CDSA MEDAN DENGAN “ITA MODE”) Dila Afifah; Budiman Ginting; Ramli Siregar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The thesis is motivated by the interest in the issue of the State-Owned Enterprise (BUMN) partnertship toward small enterprises. In this thesis, the problem is how the role of State-Owned Enterprise partnership in empowering small enterprises according to Basic Law Constitution No.20 of 2008 about Small-Medium Enterprises, the fundings which become the barriers in doing the partnership between State-Owned Enterprise an the small enterprise as the constructed partner. Small business that became one of the largest sources of revenue must be considered specifically in terms of its development. Therefore the State-Owned Enterprise runs the partnership program toward small enterprise in order to empower small enterprises in national economic sector. Research methods that are used within tha data obtained in support of this is Descriptive Normative Legal Reseach Methods in the early stages where the authors conducted a study to the secondary data which is legislation rule related to and sebsquent authors conducted research through interview techniques and collecting materials from the speakers at Telkom CDSA Medan and Ita Mode to know hoe the implementation of the State-Owned Partnership toward small enterprises. The role of State-Owned Enterprises to small business partnership is to provide assistance steamy soft loans, where the loan banyuan used for the development of the business. State-Owned Enterprise does not only provide assistance in the form of soft loans, but also provide training and trade promotion small business partners who become surrogates. State-Owned Enterrprise partnership contributes a very big role for small business. It can be seen from the development of small business that the increasing both in terms of revenue and business management. If it is related with Basic Law Constitution No.20 of 2008 about Small-Medium Enterprises, within a partnership between the state with small businesses, the state has implemented the partnership with both the small business.   Kata Kunci : Kemitraan, BUMN, Usaha Kecil
GUGATAN ACTIO PAULIANA UNTUK MENYELAMATKAN HARTA PAILIT DALAM KEPAILITAN Ramli Siregar; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

Each economic organization in any form or scale always requires the sufficient fund to enable the activities and development can be realized based on its planning. Actio Pauliana is facility provided by regulation to each creditor to submit cancelation of not required  action that implemented in which the action cause the loss to the creditor in management of bankruptcy properties. The problem in this research is management of action pauliana  according to Act No. 37 of 2004 concerning to the Bankruptcy and Postponement of liability for debt payment. The authority of commerce court in action pauliana claim is to save the bankrupt property in bankruptcy. The approach method applied in this research is normative juridical method, i.e. law research by focus to the library material or document that known as secondary data in addition to primary, secondary and tertiary law material. Based on the results of research indicates that Act No. 37 of 2004 regulate. The action pauliana from Article 30, 41 up to 50 that more comprehensive than the provision or term in Civil Code (KUHPerdata) or in previous Bankruptcy Regulation (S.1905-217 in connection with S. 1906-348). Article 41 of Act No. 37 of 2004 said that for the interest of the bankrupt properties, it can apply the cancelation on all of legal action of debtor in bankruptcy  that may cause the loss to the creditor that conducted before the bankruptcy. The commerce court has authority to investigate and take judgment on action pauliana in the bankruptcy case.  The Commerce Court ask the curator to assess the properties of debtor after the bankruptcy decision. The application of action pauliana is a continuation of bankruptcy decision  in handle the property of bankrupt.  Act of bankruptcy contain the special terms on other case from the bankrupt case that decided by the Commerce Court according to Article 300 paragraph (1) of Act No. 37 of 2004. The action pauliana claim is submitted to the Commerce Court to cancel the debtor action that cause the loss to the bankrupt properties. The commerce court ask the curator to access the bankrupt properties if debtor do any action that cause the loss to the bankrupt properties.   Keywords: Actio Pauliana, Harta Pailit, Kepailitan.
ANALISIS YURIDIS PUTUSAN PAILIT TERHADAP PT.TELKOMSEL TBK Ramli Siregar; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

At this time the problems of bankruptcy, especially regarding the bankruptcy of a company in this case is a company-owned enterprises in the form of a limited liability company (PT) gets the spotlight and public attention from legal experts, non-governmental organizations as well as from law enforcement officers. Assessment of the public if a large state-owned enterprises company stated bankrupt raises a question as to why and how a company could be declared bankrupt, but is a great company. The problem in this writing is about an award to be insolvent if viewed review of Act No. 37 of 2004  regarding bankruptcy and suspension of debt payment obligation the authority of the commercial court is in check and prosecute a case of bankruptcy, as well as concerning the application of the provisions of the law on bankruptcy and pkpu in the case of the award bankruptcy PT.Telkomsel Tbk. Research methods used to draw up this thesis by the normative legal research or referred also to the study of librarianship (library research). Data collection is carried out by the research based on primary and secondary legal materials. Data collection tools from books, articles, magazines and the internet, which is closely related to the intent and purpose of this thesis writing. The conclusion of writing is that of a fallacy in this sense the award bankrupt based on law on bankruptcy and PKPU if not understood in more clear, and differences between the supreme court verdict on the commercial court until could have an award bankrupt occurs not because of debt but because the fastest defaults authority of a court in a cause especially in matters of the award bankrupt sometimes done without any a autonomy or irrespective of both parties equally until sometimes inflict a uncertainty law.
KEDUDUKAN BENDA JAMINAN YANG DIBEBANI HAK TANGGUNGAN DAN EKSEKUSI BENDA JAMINAN DALAM HAL DEBITUR PAILIT Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Abstract

When debtor is bankrupt, all of the properties of debtor are confiscated under the supervision of a Supervise Judge for the interest of creditor. The holder of guarantee right as separatist creditor can implement his right as determined in Article 1178 KUHPerdata (Civil Law) as there is not bankruptcy. But in its implementation, the execution of collateral with guarantee right when debtor is bankrupt always found any obstacles either technical or non technical obstacles. Therefore, this research aims to study how the execution of collateral when debtor is bankrupt. The problem formulation in this thesis is did the collateral can be with guarantee right, what a position of collateral with guarantee right when debtor is bankrupt and how the execution of collateral when debtor is bankrupt. The method and characteristic of study is an analysis descriptive i.e. a study that depict studied situation or event and than to analyze it based on facts such as secondary data from the primary law subject, secondary law subject and tertiary law subject. The approach method in this analysis is normative juridical by study and test the data related to the problems in execution of guarantee right. The data collecting method in this study is by literature study to collect the secondary data. The collateral can with guarantee right if the collateral is a right on land. The position of collateral with guarantee right when debtor is bankrupt is categorized as bankruptcy property. The execution of collateral when debtor is bankrupt is by title executorial and parate execution. The obstacles in the execution of collateral when debtor is bankrupt is the state auction office did not ready for the selling ob auction object of guarantee right without fiat from the Chairperson of District Court and there is debtor who has not a good will by submit a suit to the district court to expand the execution process.
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