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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
ASPEK YURIDIS KEPEMILIKAN SAHAM BAGI KARYAWAN PADA PERSEROAN TERBUKA (PT. Tbk) ANDREW J TARIGAN; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

As part of the world community business management company in Indonesia is affected from management practices in other country,especially in advanced countries. One of the practice is introduction a manajemen program human resources the Employee Stock Ownership in a Public Company. This research is meant to see how the regulations of the employee stock ownership,how the medium and subject matter in employee stock ownership and procedure, and stock ownership in other county and indonesia. The Research Methods in this study is a yuridis empiris research that is a researching  how the Bapepam regulated and a Prior to  the Law 40 of 2007 concerning incorporated company in assessing the effect of granting shares to employees againts incorporated company. In this research, it can be seen in Indonesia no special provision how to regulate Stock Ownership Plans. The legal basis of the stock ownership plans in Indonesia be regulated in prior to the law No.40 of 2007 concerning incorporated company in clause 43 concerning about stock ownership plans, and clause 51,52 and 61 concerning about shareholder rights and organize about legal acts the company, and the legal basis of the stock ownership plans is Bapepam No.IX.D4 concerning HMETD.     Key Words: Tenaga Kerja, Kepemilikan Saham, Perusahaan Terbuka
PENGECUALIAN PRAKTEK MONOPOLI YANG DILAKUKAN OLEH BUMN SESUAI PASAL 51 UU NO.5 TAHUN 1999 MARSHIAS MEREAPUL GINTING; NINGRUM NATASYA SIRAIT; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

After the entry into force of Law no. 5 of 1999, the monopolistic practices in the Indonesian economic activity expressly prohibited by law, but there are exceptions to the state, which in the presence of Law No.5 of 1999 clause 51, have legal legitimacy to claim exemption in monopolistic practices in Indonesia. Which are expected to given to state-owned monopoly, it can help the implementation of the 1945 Constitution Clause 33 of the Indonesian economy. Issues raised in this paper are as follows: how the regulation of monopolies in the legislation in Indonesia, how the position of BUMN in the economy in Indonesia as businesses that are entitled to monopolistic practices in Indonesia economy and how the exemption against monopolistic practices by BUMN. This research was conducted with the juridical-normative, remember to be studied is the provision of an article and its application in practice. Data obtained from examining the legislation and literature associated with the formulation of the problem. Monopoly by the state under the provisions of Clause 51 of Law 5 of 1999 is that monopoly or concentration of activity that can be done only over the branches of production that dominate the lives of many people and that is important for the country. Because until now there is no certainty in legislation which imposes limits is "dominate the life of the people" and "important for the country", it is entirely left to the House of Representatives to decide. Monopoly and or concentration of activity should be regulated by law and held by the State-Owned Enterprises and or body or institution established or designated by the Government. In this paper will be given an example of a state agency that have a right to  monopoly, namely PT PLN (Persero), which held a monopoly supply of electricity by the legitimacy of law no. 30 of 1999. Keywords : BUMN, Pengecualian Monopoli
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.
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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Abstract

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.
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
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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Abstract

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)
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Abstract

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.
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).
GUGATAN PEMBATALAN MEREK TERDAFTAR OLEH PEMILIK MEREK TERKENAL ( Studi Kasus: Putusan MA No. 402 K/Pdt .Sus/2011). Haris Fadhilah Putra; T. Keizerina Devi Azwar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Brand is very important in the business world. Brand products (both goods and services) that are certain to be popular and sell well in the market of course would tend to make spur other manufacturers or entrepreneurs competing products with famous brand, even in this case finally appeared unfair competition. Brands used in the trade, which in turn may submit the national economy. Pemdaftaran brand basically meant that the mark is used in commerce. The issue in this thesis is how the system of trademark registration in Indonesia, how to register for the legal protection of well-known brand in Indonesia, as well as how the lawsuit registered trademark by the owner of the famous brands in Indonesia. Methods of research using this type of normative legal research. Source of data used are secondary data, which consists of primary legal materials, secondary, and tertiary. Data was collected with library research techniques and data analysis using inductive qualitative approach and dedukatif. Mark registration system in Indonesia is currently contained in that set in Trademark Law No. 15 of 2001 is a constitutive system but before Indonesia also familiar with declarative system adopted in the Brand Law No. 15 of 2001. The meaning is constitutive sitem party has registered its brand, it creates a registration rights to the trademark, registered parties he was the only one who has the right to a brand and third-party registrar must respect his rights as an absolute right. Registration of the trademark protection law known governed exclusively However the brands that have been registered are allowed to be given an explanation and how to brand holders may submit the registration against any other brand.   Kata kunci: Gugatan pembatalan, Merek, Merek terkenal
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