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Sunarmi, Sunarmi
Fakultas Hukum Universitas Sumatera Utara
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ANALISIS YURIDIS FUNGSI OTORITAS JASA KEUANGAN (OJK) SEBAGAI PELINDUNG NASABAH PERUSAHAAN ASURANSI Dede Aquari Irawan Surbakti; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Regulation on consumer protection in Indonesia has especially existed since Law No. 8/1999 on Consumer Protection was in effect. In its development, consumer protection in also done by independent institutions, based on Law No. 21/2011 which is called OJK which functions to organize an integrated regulation and supervision system toward all activities in financial service sector. One of the goals of establishment o OJK is to protect consumers and society. In order to achieve that goal, OJK issued POJK No. 01/POJK.07/2013 on Customer Protection in Financial Service Sector. One of the financial service sectors supervised by OJK is insurance system. Today, insurance is regulated in Law No.40/2014. The research problems are as follows: how about the role of OJK in protecting insurance company customers in the insurance legl system in Indonesia,how about the difference between consumer protection, stipulated in Law No 8/1999 on Customer Protection, and that which is regulated in Law No. 21/2011 on OJK in conjuction with POJK No. 01/POJK/07/2013 on Customer Protection in Financial Service Sector. The research used judicial normative and descriptive analytic method. The theory used in this research was analytical legal positivism theory ad theary of legal protection. The data were obtained from primary, secondary, and tertiary legal materials and supported by legal provision approach. The result of the research showed that,first,after  Law No.40/2014 on Insurance was in effect, the role of OJK was very strategic as an institution which regulates and supervises insurance companies since they request license for the establishment. It also has the right to impose severe administrative sanction by revoking insurance company which is potential to harm their consumers. Secondly, in providing legal protection for insurance customers, OJK, through POJK No. 01/POJK.07/2013 provides more maximal legal protection than Law No 8/1999 on Consumer Protection. Keywords:                OJK (Financial Service Authority),Insurance Customers,Consumer protection
PENCEGAHAN TINDAK PIDANA PENCUCIAN UANG MELALUI MITIGASI RISIKO PADA BANK MUAMALAT CABANG MEDAN BALAIKOTA Lisa Andriansyah Rizal; Sunarmi Sunarmi; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Risk mitigation is a form of systematic methodology used by senior management in order to reduce organizational risk. the banking industry is an industry that cannot be avoided from risk, therefore the implementation of risk management is very important in order to provide smooth business of the bank itself. There are several risks in the banking industry, which are credit, market, liquidity, operational, legal, reputation, strategic and compliance risks. Risk mitigation to prevent money laundering in Muamalat Bank branch of Medan Balai Kota is done by supervision in special work unit, applying know your costumer, verification and monitoring. Keywords : Risk mitigation, money laundering
KEDUDUKAN HUKUM KREDITOR SEPARATIS DALAM PEMUNGUTAN SUARA PADA PENENTUAN PERDAMAIAN DI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (STUDI PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA PERKARA NOMOR 015/PUU-III/2005) Nurjannah Siregar; Sunarmi Sunarmi; Mahmul Siregar; Hasim Purba
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Separatist creditor is a holder of pawn, fiduciary collateral, hypothecation, or security right of other objects; he can execute his right as if there were no bankruptcy as it is stipulated in Article 55, paragraph (1) of Law No. 37/2004 on Bankruptcy and PKPU (Suspension of Debt Payment). This Article states that creditor can also request to PKPU which enables debtor to propose reconciliation for PKPU. However, in Article 228, paragraph (6) of Law No. 37/2004 on Bankruptcy and PKPU states that PKPU is not in effect for separatist creditor; the person in charge of determining debtor to get his right of PKPU is unsecured creditor, and it becomes one of the applicant’s propositions in requesting for Judicial Review of Law No. 37/2004 on Bankruptcy and PKPU on the 1945 Constitution. The result of the research showed that there werw inconsistencies  in the regulation of Law No. 37/2004 on Bankruptcy and PKPU, againts setting legal domicile separatist creditor in voting to determine reconciliation in PKPU. This legal uncertainty of separatist creditor’s voting rights in determining reconciliation can cause the loss of separatist creditor’s right and status; he will get the lowest compensation of the value of collateral as it is stipulated in Article149 and Article 281, paragraph (2) of Law No. 37/2004 on Bankruptcy and PKPU which will probably be potential for the existence of fictitious creditors and collusion in the reconciliation plan. The Ruling of the Panel of Judges of the Constitutional Court of the Republic of Indonesia No. 015/PUU-III/2005 is considered not accurate and not objective since it does not consider any negative potentials which can occur in bankruptcy case when separatist creditor does not have any legal domicile in the voting for reconciliation in PKPU.   Keywords: Separatist Creditor, Determining Reconciliation, PKPU (Suspension of Debt Payment)
ANALISIS YURIDIS TERHADAP WEWENANG OTORITAS JASA KEUANGAN DALAM MENGAWASI TINGKAT KESEHATAN BANK Widodo Ramadhana; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Financial Services Authority is expected to minimize the risks that may arise through regulating and overseeing activities in the banking sector, at least reminding the need for careful risk handling, even if it is necessary to prohibit banks from engaging in certain activities that tend to invite high risk to bank health the crisis on the financial system and banks is expected to detect early on the root of bank problems in assessing the soundness of banks, so as to better reflect the condition of the bank. The formulation of the problem in the thesis research is how the authority of the Financial Services Authority in granting licenses for the establishment of the bank. How is the institutional relationship between the Financial Services Authority and Bank Indonesia related to the Bank's soundness. How is the authority of the Financial Services Authority in overseeing the Bank Soundness.The type of research used is normative law and the nature of the research is descriptive. Data used are primary and secondary data, consisting of primary, secondary, and tertiary legal materials. Techniques and data collection tools were conducted by library study and field study by conducting interviews. Data analysis was done by qualitative analysis method.Under Article 7 of the Financial Services Authority Act, the Financial Services Authority declares that the Financial Services Authority has the authority to regulate and supervise the Bank's institutions which include licensing for establishment of a bank. In this Coordination Protocol as a forum for reconciliation between the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation in a coordination forum called the Financial System Stability Committee (KSSK). Coordination in this committee is made if it is not possible to handle banking problems by the Financial Services Authority in relation to the settlement and handling of a failed bank that is suspected to have a systemic impact. The Financial Services Authority also requires the controlling shareholders or investors to increase the capital of the Systemic Bank and be able to convert the type of debt or investment to increase the capital of the systemic bank if faced with potential crisis. Keywords: Authority, Financial Services Authority, Supervision, Bank Health Level.
ANALISIS YURIDIS ATAS PERAN PEMERINTAH DAERAH TERHADAP PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN Ade Yuliany Siahaan; Suhaidi Suhaidi; Sunarmi Sunarmi; Jelly Leviza
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The research shows that North Sumatera have not yet a regional regulations of CSR but the Local Governments has begun to focus on completing the discussion of that. Even do not have yet the regional regulations of CSR, the Local Government is already have role in corporate social responsibility implementation such as by supervising, receiving reports and cooperating in arrangements CSR. The thing that underlies the participation of local governments in the implementation of CSR is the decentralization policy. It’s just the role of The Local Government sometimes not in accordance with applicable law in Indonesia because The Local Government is still seems not to understand the true meaning of CSR and act over the limit. For it is suggested that the government should make more strict regulations related to the issue of sanctions. And for it is suggested that Local Governments of North Sumatera better to understand more about the truly of CSR’s meaning and simply supervise and provide legal certainty so that all parties (stakeholders) can receive the benefits of corporate social responsibility emplementation. Keyword                : Juridical Analysis, Corporate Social Responsibility, and The  Local Governments.
PENERBITAN PEMBERITAHUAN PERKEMBANGAN HASIL PENYIDIKAN (SP2HP) ONLINE SEBAGAI UPAYA TRANSPARANSI POLRI DALAM PENYIDIKAN TINDAK PIDANA (STUDI DI POLRESTABES MEDAN) Hendra Eko Triyulianto; Madiasa Ablisar; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Efforts to issue a Notice of Progress of Investigation Result (SP2HP) to support the Police service in the field of investigation for Professional, Modern and Promoter starting from the ranks of the Central Police to the Region are expected to improve themselves as soon as possible. Implementation of Promoter program should be implemented immediately considering that the Police must provide optimum guidance and service to the community. Especially in the current digital era where information and communication systems are fundamental and important elements. Today people are beginning to feel that the role of Information and Communication Technology has slowly replaced human roles in various aspects of life, various business activities, government, and education began to be replaced with e-business, e-government, and e-education, slowly the role of Information and Communication Technology has brought lifestyle to the digital age. Police-ranks are also required to be able to adapt to the role of information technology, where in this digital era of accountability, effectiveness, and efficiency is absolutely necessary. The main problem in this research is about the lack of public confidence in the performance of Police investigators in conducting criminal investigations reported to him. In Polrestabes Medan, a program / application of SP2HP Online publication has been created which aims to enable the public to easily access all information related to the police report made. However, the application is insufficient, because it is related to the lack of personnel support, inadequate financial support, and the support of facilities and infrastructure that are still self-supporting, plus the use of the application method is still missing and has not been taught to each of the Sector Police below Polrestabes Medan.   Keywords   :     Issuance of Online Progress Result (SP2HP) Notification; Police Transparency Efforts in Crime Investigation; Polrestabes Medan.
PERAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN PERBANKAN UNTUK MENCEGAH TINDAK PIDANA KORUPSI DI PT. BANK SUMUT (Studi : Putusan Tipikor Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn. Jo. Putusan Pengadilan Tinggi Medan No. 06/Pid.Sus-TPK/2017/PN Muhammad Firdaus; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Cases of banking crime, not just criminal acts that occurred in the banking sector, apparently against the government banks including PT. Bank Sumut as a Regional Owned Enterprise (BUMD) of North Sumatera Province and Sub-Province / Municipality under it, incorporated as Limited Liability Company (PT) can also be investigated and investigation of alleged corruption. However, who is entitled to conduct such alleged corruption investigation in PT. Bank of North Sumatra, whether the Indonesian Police, the Attorney General, Corruption Eradication Commission, or OJK itself? Even if it is true ("quad non"), OJK has the right and authority to investigate and investigate alleged corruption in BUMN and BUMD, there is overlapping of rules, where OJK also has the authority to supervise and prevent fraud, the other hand the OJK shall be entitled and authorized to conduct investigations and investigation of alleged corruption in the bank. However, OJK should only have the authority to conduct an investigation of banking crime in the financial services sector.   Keywords          :     The Role of the Financial Services Authority; Banking Supervision; and Prevention of Corruption at PT. Bank of North Sumatra.
PENERAPAN TATA KELOLA PERUSAHAAN YANG BAIK (GOOD CORPORATE GOVERNANCE) DALAM PELAKSANAAN TANGGUNG JAWAB SOSIAL (CORPORATE SOCIAL RESPONSIBILITY) PADA PT. PERTAMINA EP RANTAU KABUPATEN ACEH TAMIANG Simon Simon; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Implementation of corporate social responsibility by using good governance is done by one of the companies in Indonesia, namely PT. PERTAMINA EP RANTAU Kabupaten Aceh Tamiang. PT. PERTAMINA EP RANTAU Aceh Tamiang District manages business with ethical behavior with regard to people, profit and planet. The location of good corporate governance in the implementation of corporate social responsibility is reflected in the synergy of corporate social responsibility activities that involve the active role of the community and local government in accordance with existing resources and the principles of local wisdom through Social Mapping and Focus Group Discussion in areas that belong to the region work, namely Aceh Tamiang and Langkat districts.   Keywords: Corporate Social Responsibility, Good Corporate Governance, and Company
ANALISA YURIDIS PERTANGGUNG JAWABAN DIREKSI PADA PENGADAAN BARANG/JASA DI PT. BANK SUMUT (STUDI : PUTUSAN TIPIKOR PENGADILAN NEGERI MEDAN NO. 93/PID.SUS-TPK/2016/PN.MDN. JO. PUTUSAN PENGADILAN TINGGI MEDAN NO. 06/PID.SUS-TPK/2017/PN.MDN.) Muhammad Iqbal; Sunarmi Sunarmi; Budiman Ginting; Faisal Akbar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The Board of Directors shall be the management of the company representing the company, both inside and outside the court. The legal norms implied in the provision that all corporate liabilities, both represent and management of the company, are on the shoulders of directors. In accordance with Article 97 paragraph (2) of Law no. 40 of 2007 regarding Limited Liability Company, states that: "The management of the company shall be carried out by every member of the Board of Directors in good faith and full of responsibility". If it is associated with the "Business Judgment Rule" doctrine being taught, the responsibility of the board of directors, the principle of "fiduciary duty". In this study will discuss: Implementation of procurement of goods / services within the Government (L / K / D / I), BUMN / D is associated with the source of funds derived from APBN / D; Legal consequences of directors' liability in the Annual General Meeting of Shareholders of the Company which have been declared acquit et decharge by shareholders; and the accountability of the Board of Directors of PT. Bank of North Sumatra in the procurement of rental vehicles and operational vehicles of PT. Bank Sumut Year 2013 in the Corruption Court's Ruling At the Medan District Court. 93 / Pid.Sus-TPK / 2016 / PN.Mdn. Jo. High Court of Medan Decision. 6 / Pid.Sus-TPK / 2017 / PT.Mdn.   Keywords          :     Accountability of the Board of Directors; PT. Bank Sumut; Procurement of Goods / Services.
PERANAN OTORITAS JASA KEUANGAN DALAM MENGAJUKAN PERMOHONAN PAILIT PERUSAHAAN ASURANSI (Studi Kasus Perusahaan Asuransi PT.Bumi Asih Jaya) Eri Lukmanul Hakim Pulungan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   The existence of authority in filing an application for bankruptcy declaration for a centralized insurance company in one institution, namely the Minister of Finance which is then transferred to the Financial Services Authority increasingly makes the problem more complex related to legal protection for its customers. The absence of authority in submitting an application for bankruptcy statement to the insurance company will make the client feel insecure when investing in the insurance company. For insured users (insured or insurance customers), the bankruptcy process of a company is one way of debt collection, in addition to various other means of debt collection known by law, such as billing through a bond, the execution of debt guarantees, or bills through court procedures with ordinary procedures. There is a different interpretation between the law and the judge who decides the bankruptcy case of the company. The judge in his verdict states that the company declared bankrupt must be requested by another person or company concerned or the company that feels aggrieved whereas in the Insurance Insurance Act and the Laws of the Financial Services Authority itself states that the Financial Services Authority is authorized to bankrupt the insurance company as appropriate with the purpose of establishing its own Financial Services Authority to regulate and supervise the activities of financial services in the capital market sector. There is a difference of interpretation between judges and the law. It is important to do research on how the role of Financial Services Authority in applying for insolvency insurance company. Keywords: Financial Services Authority, Insolvency, Insurance Company.
Co-Authors Aben Bintang Manondang Situmorang Ade Nona Halawa Ade Yuliany Siahaan Adi Saputra Adji Suryapranata Agnest Elga Margareth Agung Anugrah Lubis Agusmidah Agusmidah Aida Nur Hasanah Alemina Alemina Aloysius Supriyadi Alvi Syahrin Alvi Syahrin Alvi Syahrin Alvi Syahrin Alvi Syahrin Amanda Serena Andreas Iriando Napitupulu Anthonius Ginting Arfin Fachreza Ashri Azhari Baeha Aulia Annisa Bagus Firman Wibowo Balqis Siagian Bismar Nasution Bismar Nasution Bismar Nasution BUDIMAN GINTING Chandra Purnama Charles Silalahi Citra Valentina Nainggolan Dara Qurratu’ Aini Yusuf Dede Aquari Irawan Surbakti Dedi Harianto Delfani Febryana Lubis Deliana Simanjuntak Dezky Muji Setyo Diah Ayu Oktriningsih Dwi Putri Rezky Sihite Edi Yunara Ediwarman Ediwarman Edy Ikhsan Edy Suranta Tarigan Edy Yunara Efendi Tambunan Ekaputra Ekaputra Ekaputra, Mohammad Endame Suranta Ginting Eri Lukmanul Hakim Pulungan Faisal Akbar Faisal Akbar Nasution Faisal Anshari Dwana Fatimah Islamy Nasution Ferawati Br.Tarigan Fernando Enrico Fermi Partahi Finita Serena Hutabarat Fitri Yanni Dewi Siregar Frans B.S. Siagian Frengky Manurung Gusfen Alextron Simangunsong Hady Saputra Siagian Hanifah Azizah Hasim Purba Hasim Purba Hasim Purba Hasim Purba Hasim Purba Hasyim Purba Hendra Adiwijaya Hendra Eko Triyulianto Hermoko Febriyanto Ilham Rohjadina Iman Rahmat Gulo Imastian Chairandy Siregar Indah Chairani Saragih Indra Sakti Iqbal Ramadhan Satria Prawira Ismawansa Ismawansa Ivan Jovi Hutauruk Jelly Leviza Jenda Riahta Silaban Jhordy M.H. Nainggolan Jimmy Donovan Joharlan Hutagalung Juni Kristian Telaumbanua Jusmadi Sikumbang Kamaluddin Pane Keizerina Devi Keizerina Devi Azwar Kristi Emelia Pasaribu Kuo Bratakusuma Laurentia Ayu Kartika Putri Lisa Andriansyah Rizal M Febriyandri Satria M Yamin Lubis M. Adityo Andri Cahyo Prabowo M. Ekaputra M. Hamdan M. Hamdan M. Ichsan Rouyas Sitorus M. Ulul Azmi Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Manambus Pasaribu Maranatha Purba Marlina Marlina Marlina, Marlina Martuasah Tobing Mayanti Mandasari Sitorus Melati Fitri Mhd Edwin Prananta Surbakti Mirza Nasution Muhammad Aulia Rizki Agsa Muhammad Ekaputra Muhammad Firdaus Muhammad Hamdan Muhammad Haris Muhammad Hendra Razak Muhammad Husairi Muhammad Iqbal Muhammad Ridwanta Tarigan Muhammad Syarif Muhammad Zhafran Nanda Lucya Gultom Nanin Aprilia Fitriani Novrilanimisy Novrilanimisy Nur Istiono Nurjannah Siregar O.K Saidin Omar Akbar Aldian Pinem Prayogo Hindrawan Putra Rizki Akbar Rachmat Aribowo Rahmat Anshar Hasibuan Ridho Ansari Simanjuntak Rina Alamanda Nasution Robert, Robert Ruben Tambunan Rudi Haposan Siahaan Rudy Rudy Rumondang Hotmayuliance N Runtung Runtung Selatieli Zendrato Sheila Miranda Hasibuan Simon Simon Sinulingga, Tommy Aditia Sondy Raharjanto Sri Endhayani Ginting Suka Sudarma Setiawan Suhaidi Suhaidi Suhaidi Suhaidi Suhdi Maulana Nst Suherman Nasution Sukarja, Detania Sukses M. P. Siburian, Sukses M. P. Sumurung P Simaremare Suranta Ramses Tarigan Surtan Harista Muda Hasibuan Surya Ari Wibowo Susi Muliyanti Sutan Sinomba Parlaungan Harahap Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Syafruddin Kalo Syafruddin Sulung Hasibuan T Keizerina Devi Azwar T. Devi Keizerina Azwar T. Keizerina Devi Azwar Tamiarisa Amanda Fasa Rambe Tan Kamello Taryono Raharja Taufik Taufik Tedi Franggoes Andri Siburian Tengku Keizerina Devi Teuku Fathir Mustafa Tri Murti Lubis Tumpal Utrecht Napitupulu Tunggul Yohannes Ucox Pratua Nugraha Utari Maharany Barus Utary Maharani Barus Utary Maharany Barus Venia Utami Keliat Vina Trinanda Dewi Wahyu Simon Tampubolon Widodo Ramadhana Yahya Ziqra Zam Zam Jamilah Zulkarnain Zulkarnain