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Journal : Jurnal Selat

Peran BAPEPAM dan Lembaga Profesi Penunjang Dalam Pengendalian Pasar Modal Suryadi, Suryadi
Jurnal Selat Vol 3 No 1 (2015): "Kemaritiman & Perbatasan"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (51.032 KB)

Abstract

Lattely, the businessmen’s society had realized more about the function of capital market for their bussinesses development, that’s right, the investors require information about the situation of company as the basic consideration in commiting decision to invest. The information which is served in prospect that is published when the company commited public negotiation for capital market instrument to the society, basically contains description about the situation of company, which is observed from several aspects of law, finance, production industry, and marketing. however, another think that is also need to be attention in the capital market’s activity is how important the law inforcement’s improvement is for the violations they did. This is the taste of BAPEPAM and supportime profession institution to anticipate or to organize an inspection to every suspect for commiting or contributed in the violation. in this examination, the writer discusses about the rule of BAPEPAM and supportive profession institution of BAPEPAM in capital market’s activity. The used examination method is normative juridic method, an examination which oppresses in secondary data by examining and studying the foundations of law, especially the rules of positive law from literature materials in the rule of legislation and the valid term, especially that is related to the capital market, based on the analysis result and discussion, it is concluded that in the capital market’s activity, BAPEPAM acts as the organizing institution or as a faster-father of capital market’s actors by giving reaction if the exchange activity is weak, straightening if the capital market’s actors have deviated from the served lines, and executing law sanction if they violate the terms. And also need to be paid with attention to create a better quality of capital market, then the capital market’s activity demands participation from supportive profession institutions, especially in ‘’go public’’ process, because all activities which is related to capital market’s activity. The suportive professiob institutions are public accountant, notary, law consultant, appraiser, investment advisor. Key words : Capital Market, BAPEPAM, Supportive Profession Institutions
Analisa Hukum Terhadap Perjanjian Kerjasama Pengelolaan Pas Masuk Terminal Penumpang Dalam Negeri di Pelabuhan Sri Bintan Pura Tanjung Pinang Suryadi, Suryadi
Jurnal Selat Vol 1 No 2 (2014): "Negara Hukum & Demokrasi"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (57.457 KB)

Abstract

The purpose of granting regional autonomy is to empower the region in the form of improving care, protection, welfare, initiative, creativity, and community participation in development, foster democracy, equity and justice, and unity, unity, and national harmony in the remembrance of the origin of an area, diversity and characteristics, as well as potential areas that lead to the improvement of the welfare of the people in the system of the Republic of Indonesia. In that regard, it has been made Cooperation Agreement between PT. (Persero) IPC I Branch Tanjung Pinang Tanjung Pinang with the City Government B.XIV-1/TPI-US.15 Numbers and Number 552.3/091.A/HUBLA signed on March 15, 2011 on the Management of Pas Log of Domestic Passenger Terminal in port of Sri Bintan Pura Tanjung Pinang. Examined in this study are some of the regulations that form the basis of law in the cooperation agreement which according to the author it is important to study whether the regulation is used as a legal basis in the agreement is appropriate or not. Also on the principles and factors that must be considered in the drafting of the contract. Methods The approach used in this study is normative methods. From these results it can be concluded that in principle any drafting the contract is to be an agreement of the parties ranging from the use of the term contract until the dispute settlement while referring to the legislation in force, is not contrary to public order and decency. Factors that must be considered by the parties and will hold the legal authority to make the contract are the parties, taxation, over a legal right, the problem keagrarian, choice of law, dispute resolution, termination of contract, and the agreed standard form of agreement. That the legal basis used by PT. IPC I (Persero) Branch Tanjung Pinang in the partnership agreement is in conformity with the applicable regulations. That the legal basis used by the Local Government Tanjungpinang in the partnership agreement does not conform and contrary to regulations. Keywords: Regional Autonomy, Ports and Cooperation Agreement.
Peran BAPEPAM dan Lembaga Profesi Penunjang Dalam Pengendalian Pasar Modal Suryadi Suryadi
Jurnal Selat Vol. 3 No. 1 (2015): "Kemaritiman & Perbatasan"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (51.032 KB)

Abstract

Lattely, the businessmen’s society had realized more about the function of capital market for their bussinesses development, that’s right, the investors require information about the situation of company as the basic consideration in commiting decision to invest. The information which is served in prospect that is published when the company commited public negotiation for capital market instrument to the society, basically contains description about the situation of company, which is observed from several aspects of law, finance, production industry, and marketing. however, another think that is also need to be attention in the capital market’s activity is how important the law inforcement’s improvement is for the violations they did. This is the taste of BAPEPAM and supportime profession institution to anticipate or to organize an inspection to every suspect for commiting or contributed in the violation. in this examination, the writer discusses about the rule of BAPEPAM and supportive profession institution of BAPEPAM in capital market’s activity. The used examination method is normative juridic method, an examination which oppresses in secondary data by examining and studying the foundations of law, especially the rules of positive law from literature materials in the rule of legislation and the valid term, especially that is related to the capital market, based on the analysis result and discussion, it is concluded that in the capital market’s activity, BAPEPAM acts as the organizing institution or as a faster-father of capital market’s actors by giving reaction if the exchange activity is weak, straightening if the capital market’s actors have deviated from the served lines, and executing law sanction if they violate the terms. And also need to be paid with attention to create a better quality of capital market, then the capital market’s activity demands participation from supportive profession institutions, especially in ‘’go public’’ process, because all activities which is related to capital market’s activity. The suportive professiob institutions are public accountant, notary, law consultant, appraiser, investment advisor. Key words : Capital Market, BAPEPAM, Supportive Profession Institutions
Analisa Hukum Terhadap Perjanjian Kerjasama Pengelolaan Pas Masuk Terminal Penumpang Dalam Negeri di Pelabuhan Sri Bintan Pura Tanjung Pinang Suryadi Suryadi
Jurnal Selat Vol. 1 No. 2 (2014): "Negara Hukum & Demokrasi"
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (57.457 KB)

Abstract

The purpose of granting regional autonomy is to empower the region in the form of improving care, protection, welfare, initiative, creativity, and community participation in development, foster democracy, equity and justice, and unity, unity, and national harmony in the remembrance of the origin of an area, diversity and characteristics, as well as potential areas that lead to the improvement of the welfare of the people in the system of the Republic of Indonesia. In that regard, it has been made Cooperation Agreement between PT. (Persero) IPC I Branch Tanjung Pinang Tanjung Pinang with the City Government B.XIV-1/TPI-US.15 Numbers and Number 552.3/091.A/HUBLA signed on March 15, 2011 on the Management of Pas Log of Domestic Passenger Terminal in port of Sri Bintan Pura Tanjung Pinang. Examined in this study are some of the regulations that form the basis of law in the cooperation agreement which according to the author it is important to study whether the regulation is used as a legal basis in the agreement is appropriate or not. Also on the principles and factors that must be considered in the drafting of the contract. Methods The approach used in this study is normative methods. From these results it can be concluded that in principle any drafting the contract is to be an agreement of the parties ranging from the use of the term contract until the dispute settlement while referring to the legislation in force, is not contrary to public order and decency. Factors that must be considered by the parties and will hold the legal authority to make the contract are the parties, taxation, over a legal right, the problem keagrarian, choice of law, dispute resolution, termination of contract, and the agreed standard form of agreement. That the legal basis used by PT. IPC I (Persero) Branch Tanjung Pinang in the partnership agreement is in conformity with the applicable regulations. That the legal basis used by the Local Government Tanjungpinang in the partnership agreement does not conform and contrary to regulations. Keywords: Regional Autonomy, Ports and Cooperation Agreement.
Proporsionalitas Putusan Hakim Berdasarkan Ide Keseimbangan Endri Endri; Suryadi Suryadi; Pery Rehendra Sucipta
Jurnal Selat Vol. 7 No. 2 (2020): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1334.725 KB) | DOI: 10.31629/selat.v7i2.2391

Abstract

Proses penegakan hukum merupakan rangkaian yang panjang dalam sistem peradilan pidana yang puncaknya pada putusan hakim. Putusan hakim merupakan pernyataan hakim secara lisan dan tulisan yang terbuka untuk umum dari suatu perkara apakah akan menjatuhkan pidana, bebas atau melepaskan berdasarkan berbagai pertimbangan hukumnya. Setiap orang dapat menilai putusan hakim berdasarkan perannya masing-masing tapi dengan tetap menghormati putusan itu. Terkadang putusan hakim dapat diterima oleh masyarakat namun juga ada yang menjadi polemik apalagi sudah mendapat sorotan publik. Kebanyakan yang mendapat sorotan publik karena dinilai kurang mencerminkan keadilan, tidak proporsional dan tidak dengan pertimbangan yang lengkap. Oleh sebab itu, tulisan ini menggali masalah tersebut dengan melihat dasar pertimbangan agar putusan hakim menjadi proporsional berdasarkan ide keseimbangan dengan menggunakan penelitian normatif. Hasilnya terlihat hakim cenderung kurang lengkap mempertimbangkan baik kepentingan korban, pelaku, masyarakat dan dampak sosial dari putusan itu. Untuk mengatasinya maka perlu meperhatikan ide keseimbangan antara legalitas formal dan hukum yang hidup di masyarakat, antara aspek kepastian hukum, kelenturan dan keadilan, dan keseimbangan antara kepentingan si pelaku dengan korban (masyarakat).