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Sumatera utara
INDONESIA
TRANSPARENCY
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 216 Documents
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PERLAKUAN DAN PEMBERIAN FASILITAS KEPADA PENANAM MODAL MENURUT PRESPEKTIF UU NO. 25 TAHUN 2007 TENTANG PENANAMAN MODAL BONATUA EDYNATA MANIHURUK; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Indonesia has ratified the Agreement on TRIM's (Agreement on Trade Related Investment Measures) through the implementation of Act 7 of 1994 on Foreign Investment, which of course affects how the government's treatment for both foreign and domestic investors, how the facility by the government to investors, and how government oversight of the investment activity. The method used in writing this paper is to study the data collected by the library (library research), which conducted a study using data from a variety of reading materials such as legislation, books, articles and internet are considered relevant to the issues discussed in the author this thesis. In investment activities, the Government of Indonesia implement the principle of equal treatment to foreign and domestic investors, even applies to all investors regardless of their country of origin investors. However, Article 6 paragraph (2), Act 25 of 2007 allows the government to provide the specific requirements of different investors who have certain privileges based on an agreement with Indonesia to a particular country, such as AFTA, ACFTA. Facilities / convenience provided by the government to investors were ten facilities, which should be adjusted according to the effectiveness and necessity of the investors in the business he started. Investment coordinating agency (BKPM) also plays running integrated one-stop service system (PTPS) as was stipulated in Presidential Regulation of BKPM No. 27 of 2009 concerning integrated one-stop service in the field of investment. Kata kunci: perlakuan, fasilitas, modal.
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.
TINJAUAN YURIDIS HOLDINGISASI BUMN DALAM RANGKA PENINGKATAN KINERJA MENURUT PERSPEKTIF HUKUM PERUSAHAAN JOHN SIPAYUNG; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The government will implement  holding  process  in plantation  sector  in this year. However, the hindrance found in this holding process is the  unavailability of  specific regulation  governing  the  forming of  holding in company. Having this  holding, it will  improve the performance  of the company  and  add the  profit  from new  company  with the  holding. The  objective of this research  is to know  the role of the  government  in implementing the forming of  holding  company. The method  of research was  analysis  descriptive  research method, that was  a research describing  a situation  or event  to search, and  then to  analyze  the  event based on the facts  from the secondary data  obtained from  primary  law  material,  secondary  law material  and  tertiary  law material.  The used  research method was  yuridical normative  analysis, that was  by  describing and  testifying  the  data related to  the problem in  company  holding.  Data  collection  technique for  this research  was carried  out  with  library  research,  literature  or  documents to  get the secondary data. The existence of state-owned corporations is one of real forms in  Constitution 1945 especially article  33  with strategic  position  to increase the  prosperity of the people.  In the case of  holding  company that the responsibility  of main  company  to branch company is  only limited to  the authority  given   to main company.  The  responsibility is only on  management and policies related to the  branch  companies.  Hence,  it is necessary to have one  rule  governing  the  holding in  specific and the  government  may understand and  know  the real process of the  holding  in  state  owned  corporations. It is intended  to  improve the  performance of  state  owned  corporations  related to the  income and  expenditure of  state. Kata Kunci : BUMN, Holding, dan Hukum Perusahaan.
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
TINJAUAN YURIDIS TERHADAP ASEAN-CHINA FREE TRADE AGREEMENT (ACFTA) DAN IMPLIKASINYA TERHADAP PENGATURAN PENANAMAN MODAL SUSPIM GP NAINGGOLAN; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

ASEAN-China Free Trade Agreement (ACFTA) is a free agreement which is formed the member countries of ASEAN with China. ACFTA is one of the free Trade Agreement that has been agreed since 2001, and are formed based on the basic of international law, namely the Framework Agreement and Comprehensive Economic Co-operation between ASEAN and The People’s Republic of China, which is signed on 4 November 2002 in Phnom Penh, Cambodia, by the heads of government from ASEAN countries and The People’s of Republic of China. Indonesia is a big Country and also one of pioneers of the establishment of ASEAN region which also supports the establishment of ASEAN-China Free Trade Agreement. That is why Indonesia must implication to regulate in Investment Law. The Investment Of law was being hope to Increase The economic Of Indonesia form using that Agreement and to cope with  negatife consequence in ASEAN –China Free Trade Agreement Keywords: ACFTA, Free Trade, Free Trade Agreement
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
SISTEM KOORDINASI ANTARA BANK INDONESIA DAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN BANK SETELAH LAHIRNYA UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN REBEKKA DOSMA SINAGA; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The role of bank is very important in national development which is the bank as intermediary institutions. If intermediation can be achived, the purpose of banking to support the implementation of national development towards improving the welfare of the people will be realized. Article 34 of law of Bank Indonesia mandates the need for separation of banking supervision, mandate established by OJK. After OJK law published, bank supervision is the task of OJK. Bank Indonesia will be focus on the monetary and payment system. In the implementation of bank supervision duties, Bank Indonesia and OJK coordinate to create the sound banking system as a whole and individual and able to preserve the interest of the community well. Macroprudential supervision is done by Bank Indonesia ang microprudential supervison is done by OJK. The coordination is making the regulations in banking supervision. Bank Indonesia can do direct supervision (on site supervision) to bank and receive information from OJK if a bank is having trouble and then Bank Indonesia take action accordance with the authority. Key Words : Pengawasan Bank, Bank Indonesia, OJK
PERLINDUNGAN HUKUM TERHADAP USAHA MIKRO. KECIL DAN MENENGAH DALAM PASAR BEBAS ASEAN-CHINA FREE TRADE AREA YUNITA PANJAITAN; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

ACFTA (ASEN-China Free Trade Agreement) is a regional free trade agreement among the states member of ASEAN and China. One of the advantage of ACFTA is to increase the export of Indonesia product to the international market. So, the products from Indonesia such as the product of Micro, Small and Medium Scale busines can be developed. The weakness position of UMKM in the bigger industry  products, to ake UMKM still in a weak position by the presence of China products through this ACFTA agreement. This condition cause any problems. Therefore, in order to avoid any problems faced by UMKM, the government determine three competitive protection, i.e.  antidumping, the protection through Safeguard and determine the duty to the Chine product that do any violation in the impolementation of ACFTA agreement. Keywords : UMKM, ACFTA

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