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Analisis Yuridis Kewenangan Dewan Komisaris Dalam Pelaksanaan Rapat Umum Pemegang Saham (RUPS) Bagus Firman Wibowo; Sunarmi Sunarmi; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The Board of Commissioners is a PT organ that serves to oversee the tasks carried out by the Board of Directors and also give advice to the Board of Directors, besides that the Board of Commissioners is the company organ in charge of overseeing the Board of Directors in terms of the implementation of GMS. The situation of the Board of Commissioners can hold a GMS, if the Board of Directors is unable or there are other provisions that cause the GMS to not be held, the Board of Commissioners appointed by the shareholders has the authority to hold a GMS. Research This thesis is a normative juridical study accompanied by a legislative approach, this research is also descriptive analytical, the source of data in this study is Law No. 40 of 2007, books, legal dictionaries, journals, decision No. 54 / Pdt.P / 2016 / PN / Plk and 157 / G / 2014 / PTUN.JKT. Data collection techniques in this study are secondary data. Qualitative analysis is research on descriptive research and tends to use analysis. Basically those who function and have the authority to hold the annual GMS and Extraordinary GMS are Directors. Unless the directors are unable or there is a conflict of interest between the directors and the company, the summons is made by the Board of Commissioners. In Article 79 paragraph (1). The implementation of the GMS is entirely an initiative of the Board of Directors. The Board of Commissioners must call the GMS no later than 15 (fifteen) days from the date the request for the implementation of the GMS is received. Furthermore, the GMS convened by the Board of Commissioners based on the GMS call upon the request for the holding of shareholders, only discussed issues relating to the reasons stated in the request letter. Whereas if those who hold a Board of Commissioners are at the request of the shareholders, they are only limited to discussing mass issues relating to the reasons stated in the request letter. The Board of Commissioners has the authority to Organize the GMS in the condition that the Board of Directors does not hold an annual GMS or extraordinary GMS. According to Article 79 paragraph (2) the Board of Commissioners must conduct a GMS if the Board of Directors does not implement the GMS, if the Board of Commissioners does not conduct a GMS, the position of the Board of Commissioners can be dismissed by the shareholders in an LB GMS which will then be held by the shareholders with court approval country. This is included in the Responsibility section due to negligence tort liability, based on the concept of fault relating to interminglend. Keywords : board of commissioners, general meeting of shareholders
Penerapan Penyelesaian Perkara Melalui Pendekatan Restorative Justice Dalam Penanganan Tindak Pidana Penganiayaan Rachmat Aribowo; Alvi Syahrin; Sunarmi Sunarmi; Marlina Marlina
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The community is a portrait of life full of disputes, disputes, quarrels, feuds, or various types of conflicts between individuals, groups, families, ethnicities, even between nations that result in various forms of criminal offense including criminal acts both light and heavy as intended Article 351 sd Article 355 of the Criminal Code. For example, dangdut singer Murya Agung aka Dewi Persik, was found guilty of committing a minor offense against Julia Perez as charged with Article 351 paragraph (1) of the Criminal Code. In essence, the court ruling imposed the defendant Dewi Persik for 3 (three) months imprisonment and ordered the defendant to be detained. Apparently opponent play Dewi Persik, Julia Perez punished with the same punishment that is sentenced to prison for 3 (three) months in prison. From the above description, it is appropriate that the concept of restorative justice approach as an alternative to the settlement of criminal offenses is immediately applied in Indonesia as an effort to reform the law. This is because restorative justice is an approach that is more focused on the conditions of creating justice and balance between perpetrators of crime with the victim. The criminal justice-focused criminal justice mechanism and procedure is transformed into a process of dialogue and mediation to create an agreement on the settlement of a fairer and more balanced criminal case for both victims and perpetrators. Restorative justice has a meaning of restoring justice. In the criminal justice is currently known as restitution or compensation for victims, while restoration has a broader meaning. In this study tried to show that the criminal act of persecuting each other is equally harmful to the parties who litigation.   Keywords : settlement of cases; restorative justice; and criminal act of persecution.
Keputusan yang Mempengaruhi Wajib Pajak Untuk Mengajukan Sengketa Perpajakan Ke Pengadilan Pajak Mayanti Mandasari Sitorus; Budiman Ginting; Sunarmi Sunarmi; Keizerina Devi
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. The existence of Tax Court is stipulated in Law No. 14/2002 on Tax Court which has the authority to check and hand down a verdict on tax dispute. Tax which is stipulated legally has coercion because it contains administrative and criminal sanctions imposed on taxpayers who do not report to tax authorities each month. It seems that many taxpayers who avoid their responsibility which bring about dispute between tax authorities and taxpayers.Tax dispute in taxation is a dispute between tax payers or tax guarantor and tax authorities as the result of the verdict which can be appealed to Tax Court according to the Tax Law, including lawsuit on the implementation of billing according to law on tax billing with forced letter. The research used juridical normative referred to legal norms and principles in legal provisions and court’s verdict, This law emphasizes on secondary data by studying and legal principles related to the position of tax court and legal remedy in settling tax dispute.The settlement of tax dispute consists of two kinds: appeal done based on Notice on Objection and lodged lawsuit on another verdict, besides the other objections and the verdicts related to tax billing and some factors which influence taxpayers to file tax dispute to the Tax Court.   Keywords: taxpayers, tax dispute, tax court
Penentuan Inside Information Dalam Praktek Insider Trading Di Pasar Modal Indonesia : Studi Perbandingan Dengan Perkara Texas Gulf Sulphur di Amerika Serikat Ilham Rohjadina; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Capital markets are seen as one way to accelerate the development of a country. The capital market is a business sector trading in securities such as stocks, stock and bond certificates. With the capital market companies will be easier to obtain funds, so that economic activities in various sectors can be increased. However, in the world of capital markets one of the problems faced is about insider trading. Insider trading is securities trading carried out by those who are classified as people in companies where securities trading is based on the existence of inside information that is important and contains material facts, where insider trading players expect economic benefits, directly or indirectly. The problems raised in this thesis are how to regulate the law and determine the inside information in the practice of insider trading in the Indonesian capital market with a comparative study on the case of Texas Gulf Sulfur in the United States. Based on these studies, the determination of insider trading in the case of Texas Gulf Sulfur in the United States is done by applying the theory of possibility. The foundation of the United States capital market law is contained in Rule 10b-5 concerning antifraud on the Securities and Exchange Act of 1934. Every transaction on the capital market gets protection and threats from Rule 10b-5. While the regulations governing insider trading in Indonesia are found in Articles 95, 96, 97 and 98 of Law No. 8 of 1995 concerning the Capital Market. According to these regulations, the qualifications of people in the capital market are listed companies or public companies and other companies that conduct transactions with the issuer or public company concerned. Insider trading is a practice done by a company (corporate insider) on stock trading by using information that contains material facts that it has and UUPM prohibits corporate insider.   Keywords: capital market, insider trading, inside information
Badan Usaha Milik Negara (BUMN) Sebagai Termohon Pailit Dalam Kaitan Dengan Undang Undang Republik Indonesia Nomor 1 Tahun 2004 Tentang Perbendaharaan Negara Agnest Elga Margareth; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Business competitiveness today requires BUMN to be competitive with domestic and foreign private businesses. It has to innovate its products in order to be accepted by consumers and it has to have big capital to do it. Since the government does not always provide capital, BUMN has to borrow it from the third party. When it cannot pay off his debt, it has to file bankruptcy to the Court. The overlapping regulations on BUMN bankruptcy makes the third party difficult to dun the loan. The research problems are how about the legal consequence of BUMN bankruptcy on  State’s finance and on confiscation of BUMN assets according to Law No. 1/2004 on State Treasury which is in accordance with the theory of State welfare and the theory of legal entity from the aspect of purposeful wealth. The research used juridical normative with prescriptive and applied legal provision approach, using primary, secondary, tertiary legal materials. The data were analyzed qualitatively. The legal consequence of filing bankruptcy of BUMN, according to Law on State Finance, is that the State is responsible for the debt of BUMN because the State’s wealth and BUMN assets are inseparable. Confiscation can only be done on BUMN assets obtained from the State’s wealth which are sepparated, but it cannot be done on the State’s assets which are managed by BUMN because it is not in accordance with Law on BUMN, Law on State Finance, and Law onj State Treasury. This condition makes creditors difficult in filing bankruptcy and doing confiscation on BUMN which defaults.   Keywords: BUMN, bankruptcy, state finance, state treasury
Tanggungjawab Penyedia Jasa Konstruksi Terkait Kegagalan Konstruksi dalam Pengadaan Barang/Jasa Pemerintah Fitri Yanni Dewi Siregar; Sunarmi Sunarmi; Mahmul Siregar; Detania Sukarja
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. A development project is a legal act carried out by a person or business entity on the basis of an agreement or contract at a certain time and place, which is needed by a user of goods or services in this case the government. In the implementation of construction work, there are certainly many factors that can trigger the failure of construction work, one of them is the incompability of construction work contract, work plan and terms, and the conditions in the field. This mismatch becomes a construction failure that will have an impact on the vulnerability of the building so that there is a risk of failure in the building which can even cause casualties. The failure of construction provisions regarding the rights and obligations of users and service providers in Government Procurement of Goods / Services which has been regulated and stipulated in the construction work contract provisions in the procurement of government goods/services and legislation related to construction services. Forms of legal liability if in the implementation of construction work things happen that are not in accordance with the agreement of the parties, the service users give the service provide an opportunity for service providers to repair and make these improvements will be stated in the contract addendum. To protect the parties, especially those who are disadvantaged in carrying out construction work, the form of legal protection that can be done is by providing preventive legal protection is related to the type of coverage that can be agreed on in construction work contracts that include guarantees and repressively if the implementation of one or both parties commit negligence which can intentionally caused casualties.   Keywords: procurement, construction failure, construction contract
Pertanggungjawaban Pidana Terhadap Orang Yang Membantu Melakukan Tindak Pidana Penipuan (Studi Putusan Pengadilan Negeri Medan No. 541/Pid.B/2015/PN.Mdn. jo. Putusan Mahkamah Agung RI No. 216K/PID/2016) Nanin Aprilia Fitriani; Sunarmi Sunarmi; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : Non-Performing Loans are pure civil events between creditors and debtors, with assumptions as long as all the valid conditions of the Credit Agreement (PK) can be fulfilled by the parties including their collateral. With this condition, bad credit due to the inability of the debtor to pay off, the collateral can be auctioned through execution in court, which results in the auction to pay the loss of the bank or creditor. Bad credit can turn into a criminal event because there is a violation of law, both before and after the credit agreement is signed. As is known, there are 4 (four) conditions that must be fulfilled for the validity of a Credit Agreement, namely: The ability of legal subjects, the quality of legal subjects or not having legal standing to submit and sign a Credit Agreement; There is agreement between Creditors and Debtors, facta sunservanda, binding agreement as a law for those who make it; There is an object in this case borrowed money; and Causal, this Credit Agreement is made not to violate even the unwritten laws and regulations. In the example case raised in this study related to the provision of credit facilities by PT. Bank Sumut to customers who use third party collateral. The purpose of the provision of these credit facilities is to finance the Project "Concrete Jember Construction Work in Sako Estate, Central Kalimantan" which has been obtained by PT. Manunggal Adijaya Utama, as stated in the Contract (Work Order (SPK)) No. 107 / LOA-SKOE / VIII / 2009, August 11, 2009, with a Contract Value of Rp.1,160,000,000.- (One Billion One Hundred Sixty Million Rupiah). However, after the credit disbursement, it turned out that the funded project suffered a natural disaster, in other words the project became a loss.   Keywords : criminal liability, criminal acts; and fraudulent
Pertanggungjawaban Hukum Terhadap Direksi yang Melakukan Penggelapan Aset Pada Perusahaan yang Dinyatakan Pailit (PT. Bumi Asih Jaya) Tumpal Utrecht Napitupulu; Sunarmi Sunarmi; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. A Board of Directors acts carefully in carrying out its duties (duty of care). In addition, in carrying out its duties, a Board of Directors may not take advantage of himself for the company (duty of loyalty). Moreover, the Company which is engaged in the insurance industry, which currently shows a tight growth because the public is more aware of insurance as part of risk management that must be prepared as early as possible for the protection of health, life, property, business / business, and others. The research aims to find out and understand the insolvency of insurance companies based on positive law in Indonesia, the position and responsibility of the directors of insurance companies that have been declared bankrupt and the responsibilities of directors who embezzle the assets of insurance companies that are declared bankrupt. The research uses normative juridical research and the nature of analytical descriptive research. Method of legislation approach (statutedapproach). The sources of library data and documents are obtained from primary, secondary and tertiary legal materials. The data collection technique is library research. Analyze data with a qualitative approach. The Company's bankruptcy occurred because the Directors' errors and omissions were insufficient to pay all of the Company's obligations in bankruptcy, each member of the Board of Directors was jointly responsible for all obligations that were not repaid from the bankrupt assets. The legal consequences of directors who embezzled the assets of insurance companies that were declared bankrupt in the form of termination of directors for embezzlement of insurance company assets, directors returned money from embezzlement of company assets, directors of bankrupt companies may not be directors in other companies and detained directors in Darkening assets. The actions of the Board of Directors of PT Asuransi Jiwa Bumi Asih Jaya carried out embezzlement of assets on the company declared bankrupt because of its ignorance or because of intentions. Legal responsibility for directors who commit asset embezzlement on companies declared bankrupt (PT. Bumi Asih Jaya) found criminal elements, namely money wiping and fraud, Directors can be punished with imprisonment or criminal penalties (Article 372 and Article 378 of the Criminal Code) accountability to his personal assets (Article 97 paragraph (3) of the Company Law) so that the members of the Board of Directors concerned are personally responsible in accordance with Article 101 paragraph (1) and (2) of the Company Law. Keywords: accountability of directors, embezzlement of assets, bankruptcy
Analisis Yuridis Terhadap Denda Piutang Iuran BPJS Ketenagakerjaan Yang Tidak Dibayar Oleh Perusahaan Yang Terdaftar (Studi di BPJS Ketenagakerjaan Kabupaten Labuhan Batu Selatan) Muhammad Haris; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : In the implementation of payment of the Manpower Social Security Organizing Agency (BPJS), the employer is obliged to pay contributions on time in accordance with the program being followed. If the participating companies are late or in arrears in payment of the Employment Social Security Agency (BPJS) contributions, they may be subject to a fine of 2% (two percent) of the total contributions of the Employment Social Security Agency (BPJS) of Employment that must be paid by the employer company that has already been paid registered. In its implementation in South Labuhanbatu Regency, payment of contributions and fines of the Social Security Organizing Agency (BPJS) of Manpower are not carried out entirely by registered companies. Employers/companies only pay contributions from the Social Security Organizing Agency (BPJS) in arrears without paying fines, but strangely enough the Employee Social Security Organizing Agency (BPJS) must continue to receive payment in arrears without any delay, even though it is worth knowing the State income. in the sector of the Social Security Organizing Agency (BPJS) the employment is reduced. Non-compliance in paying contributions due by employer companies to the Social Security Organizing Agency (BPJS) can continue to occur due to unclear legal consequences for registered companies. As for the problems arising, namely: regarding legal certainty of the imposition of fines on contributions from Manpower Social Security Organizing Agency (BPJS) for Labor; legal consequences for the participating companies if the Manpower Social Security Agency (BPJS) contribution receivable penalties are not paid; and barriers to collection of contribution fines for receivables from the Social Security Organizing Agency (BPJS) of Branch Office (KCP) Labuhanbatu Selatan Pinang City as well as the efforts that have been made.   Keywords : fee receivable fines; social security organization of employment; and participating companies
Tinjauan Yuridis Terhadap Keterbukaan Pemilik Manfaat Dalam Perseroan Terbatas Berdasarkan Peraturan Presiden Nomor 13 Tahun 2018 Amanda Serena; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abtract. A beneficial owner is an individual who can be said to be a beneficial owner if he/she has income and / or profits due to the ownership of shareholding, capital, initial assets, sources of funding, or other rights that may result in profits from a limited liability company.Individuals who do not have assets in a corporation can also be categorized as a beneficial owner if they have unlimited authority related to the appointment of administratorin a limited liability company management and the control of limited liability company, or are the true owners of the funds for the limited liability company ownership.Furthermore, the existence of beneficial ownership in a limited liability company must be reported to the government.This is done by providing information about beneficial ownership which is certainly  can not be separated from the disclosure principles. The limited liability company is often used by villains to hide and obscure the criminal proceeds of crime, money laundering and financing of terrorism through capital participation in the limited liability company by using nominee and becoming beneficial owner.The Government through Presidential Regulation No. 13/ 2018 obliges the beneficial owner of the company (beneficial ownership) to disclose their identity clearly and transparently.This is an effort to supervise and prevent irregularities of the company owner. Furthermore, supervision of disclosure of the limited liability company is carried out by an authorized institution based on the results of the criminal risk assessment of money laundering and terrorism financing. Therefore, the limited liability company that does not specify a beneficial owner and does not submit true information about the beneficial owner in a limited liability company for the authorized institution will be sanctioned in accordance with Presidential Regulation No. 13/ 2018  and with various cross-sectoral regulations related to the limited liability company. Keywords: disclosure, beneficial owner, limited liability 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