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PRINSIP AKUNTABILITAS DAN TRANSPARANSI YAYASAN DALAM RANGKA MENCEGAH PRAKTIK PENCUCIAN UANG (MONEY LAUNDERING) DWI CESARIA SITORUS; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Money laundering crime should be prevented as early as possible in order to create a country with a moral society. The practice of money laundering can occur both through banking and non-banking institutions, such as insurance and foundations. With the foundation, all the desires of social, humanitarian, and religious people can be realized in an institution that has been recognized and accepted its existence. In principle there is a foundation of accountability and transparency that has an important role to prevent money laundering. There are some basic issues to be discussed in this thesis writing. A primary issue is how the practice of money laundering in Indonesia, how the existence of the foundation in the Indonesian legal system, and how the application of the principles of accountability and transparency of foundations in order to prevent money laundering. The method used in the thesis writing is done with normative juridical approach is to perform an analysis of the problems with the approach to the principles of law and refers to the legal norms contained in the legislation. The study was conducted with an emphasis on the data library by library research, which conducts research using materials from a variety of reading materials such as legislation, books, magazines, and the Internet. The principle of accountability and transparency is needed in conducting business foundation itself. This is in order to prevent money laundering practices that function Foundations of Law No. 16 of 2001 jo. Law No. 28 of 2004 and Law No. 8 of 2010 Concerning the Prevention and Suppression of Money Laundering can be carried out in accordance with these provisions. Key words : Akuntabilitas, Transparansi, Yayasan, Pencucian Uang
PERLINDUNGAN KONSUMEN ATAS KERUSAKAN DAN KEHILANGAN BAGASI PENUMPANG PESAWAT UDARA OLEH MASKAPAI PENERBANGAN (STUDY KASUS PT. METRO BATAVIA CABANG MEDAN) FREDDY LUTH PUTRA PURBA; T KEIZERINA DEVI; WINDHA WINDHA
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

With the development of more advanced era, directly influenced the development of technology anyway. All flights include different routes, and has become a much-needed public transport today. In this paper I discuss specifically to passenger baggage loss and baggage whether cabin or baggage. Where this is a common problem and is experienced at present which is of course detrimental to passengers using air transport. To ensure passenger rights or the rights of consumers are harmed by the carrier it should be the responsibility of the carrier so that the carrier more secure rights that exist on the consumer or passenger. The problem in this paper is how the legal protection of consumers or the passenger for damages and loss that occurs in baggage, either baggage or cabin baggage and the airline liability form (Batavia Airlines) as a scheduled commercial carrier transportation of national. The data obtained by the primary data obtained through regulations set by the authorities and data from private air transport companies Batavia Airlines. The results of the study explained that in Indonesian positive law, there are regulations governing the legal protection of passenger air transport, namely Law No. 1 Year 2009 About Flights Ministerial Regulation No. 77 Year 2011 About Air Transport Carrier Liability, Ordonasi Air Freight 1939, as well as from the Batavia Airlines other than follow the rules that have been enacted, they have their own way in carrying out the responsibility for damage caused to the passengers. Kata Kunci: Perlindungan Konsumen, Tanggungjawab Pengangkut, Pengangkutan Bagasi.
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
PERLINDUNGAN HUKUM HAK CIPTA TERHADAP KARYA CIPTA LAGU DAN MUSIK DALAM BENTUK RINGTONE PADA TELEPON SELULER TOMMY HOTTUA MARBUN; T KEIZERINA DEVI; WINDHA WINDHA
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Copyright works in the field of art in the form of song, music, and film is one part of the copyright that should receive legal protection. Copyright, that is, as part of the Law of Intellectual Property has specific characters, namely the appreciation, recognition, legal protectionand has economic value. A song that has been created is essentially intellectual work of a creator,as the embodiment of a sense of quality and the ability of its creator. In this thesis, entitled Protection of Copyright Law Towards Work of Songwriting and Music in the Form of Ringtoneto Cell Phone will discuss how copyright regulation pursuant to Act No.19 of 2002, how Protection of Copyright Law works in the form of songs and music on the ringtone of cell phone,and how disputes over infringement of intellectual songs and music. This study uses normative juridical, that is, a method that examines legislation, legal theories, theories of law and jurisprudence relating to the issues discussed, in this case the approach issued to analyze qualitatively on the Protection of Copyright Law on Songwriting and Music in the Form of Ringtone to Cell Phones. Based on theresults of these studies which conclude that the arrangement of copyright law is regulated in Law Number 19 Year2002 on Copyright, the copyright is subject to exclusive rights to the creator. Legal arrangement is the authenticity protection of creative works and creation, and the rights of the creator.Legal protection of copyrighted songs and music is the legal protection of authenticity (original) of the creation of a personal nature have occurred since the creation of songs and music were born. Settlement of a dispute over the copyright can be conducted either through litigation or non-litigation path. Through Litigation path,theCommercial Courtis filed in accordance with Article 60, and non-litigation path is through Arbitration or Alternative Dispute Resolution(ADR) in accordance with the Article 65 of Law of Copyright.   Kata Kunci :  Hak Cipta, Perlindungan, Ringtone
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
SISTEM PERTANGGUNGJAWABAN DIREKSI DALAM HOLDING COMPANY ABDUL AZIS ALSA; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

A limited liability company be an option that is often used for a variety of business economy, also greatly influences the national economy. Holding company is a structure of legal connected each and others composing an economic unity that submit to a director of holding company and subdiary. Writing method used to compile this paper is the normative legal research or library research, by collecting material from books, magazines, papers, internet, legislation and other scholarly writings which closely related with the intent and purpose of the preparation of this paper. The result of this paper it can be conclude that Arrangement on limited liability company still using Indonesian Law No.40 of 2007 also regulated in the law that regulates specifically about other matters relating to the corporation law, the Indonesian Law No.40 of 2007 still maintaining the recognition of juridical status of a legal entity's holding companies and subsidiaries as independent legal subject but does not give a juridical recognition of the ‘company grup’ as as a separate legal entity vis-à- vis other law agencies. Therefore have a Board of Directors' duties and responsibilities to the company and has been established in the legislation. Kata kunci :Sistem, Pertanggungjawaban Direksi, Holding Company.
GUGATAN CLASS ACTION SEBAGAI IMPLIKASI DARI PENEGAKAN UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT ESRA STEPHANI; NINGRUM NATASYA SIRAIT; WINDHA WINDHA
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Enforcement developments Law No. 5 of 1999 which interesting now is the birth of KPPU decision contains consumers loss, so that implicates consumer protection, look at the class action lawsuits in some regions in Indonesia, example KPPU Decision No. 07/KPPU-L/2007 and KPPU Decision No. 03/KPPU-L/2008. The issues to be examined in this research is about rule of class action lawsuit in the laws and regulations in Indonesia, the enforcement of Law No. 5 of 1999 and the decisions of KPPU which may have implications for class action lawsuits. Writing method used to compile this paper is the normative legal research or library research, by collecting material from books, magazines, papers, internet, legislation and other scholarly writings which closely related with the intent and purpose of the preparation of this paper. The results of this paper it can be concluded that, the KPPU decision could have implications for class action if there is an element consumer loss listed in the consideration and decision of KPPU as the initial evidence of consumer loss. Suggestions for this research is that we need to make a law about the class action as enforcement implications Law No. 5 of 1999. Kata Kunci : Implikasi, Putusan KPPU, gugatan class action
PENIPUAN SHORT MESSAGE SERVICE (SMS) TERHADAP KONSUMEN PROVIDER TELEPON SELULER DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN NOVANEMA DUHA; T KEIZEIRINA DEVI AZWAR; WINDHA WINDHA
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

  Technological advances especially in the telecommunications sector is growing very rapidly. Product/communication tool created one of which is a cell phone/mobile phone. The development of this technology didnot rule out the occurrence of fraudulent short message service (SMS) via mobile phoneto consumers. Attendance Law No.8 of 1999 on Consumer Protection as protect the consumer in thefrom of fraud via SMS.The nethid if research used in writing this thesis is normative legal research methods, by collecting data from multiple reference either through books, legislation, website, and other reference sources.Based on the survey results revealed that consumers’ rights cellular provider refers to Law No.8 of 1999 on Consumer Protection. While the information and personal data not specifically, but partially regulated in Law No.36 of 1999 on Telecommunication and Law No.11 of 2008 on Information and Electronic Transactions. Further legal safeguards for consumers on mobile phone provider fraud committed via SMS, can be a preventive law efforts and the efforts of repressive laws, and to do preventive measures for the occurence of fraud via SMS
Co-Authors ABDUL AZIS ALSA ANDREW J TARIGAN Angeline Angeline Arifmiboy, Arifmiboy Bismar Nasution BUDIMAN GINTING DENNY SANJAYA Dini Syakina Siregar DWI CESARIA SITORUS EDDY PUTRA MELIALA ESRA STEPHANI FREDDY LUTH PUTRA PURBA Haris Fadhilah Putra Mahmul Siregar MARHARA TUA MULYADI TAMBUNAN MARSHIAS MEREAPUL GINTING MARTHA VIVY MAURITS MR SITOHANG MONA WINATA SIAHAAN Muhiddinur Kamal NINGRUM NATASYA SIRAIT NOVANEMA DUHA Nur Hidayah RAMLI SIREGAR Roma Victoria STEPHEN RICHARDO Supratman Supratman, Supratman T KEIZEIRINA DEVI AZWAR T KEIZERINA DEVI T. Keizerina Devi Azwar TOMMY HOTTUA MARBUN YUVINDRI YUVINDRI Zepryanto Saragih