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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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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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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

PENYELESAIAN SENGKETA PENANAMAN MODAL MELALUI ARBITRASE INTERNASIONAL (STUDI KASUS PENCABUTAN IZIN KUASA PERTAMBANGAN CHURCHILL MINING OLEH PEMERINTAH DAERAH KABUPATEN KUTAI TIMUR) SOPHIE DINDA AULIA BRAHMANA; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Investment dispute between states and national of other states are settled through international arbitration (ICSID). ICSID (International Centre for Settlement of Investment Disputes) is an autonomous international institution Because of the provisions of this, British Company Churchill Mining who have a Investment dispute with Indonesian Government filed a lawsuit against the government of Indonesia at the International Centre for Settlement of Investment Disputes (ICSID). Writing method used to compile this paper is the normative legal research or library research, by collecting material from books, magazines, papers, internet, legislation and other scholarly writings which closely related with the intent and purpose of the preparation of this paper. The results of this paper it can be concluded that, the foreign investors who have an Investment Dispute with other state like Churchill Mining Plc can settle their Investment Dispute through ICSID. This provision is based on Indonesian Law No. 25 of 2007 about investment and Indonesian Law No. 5 of 1968 concerning the approval of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Kata Kunci: Penyelesaian Sengketa, Arbitrase Internasional, ICSID, Churchill Mining

ANALISIS YURIDIS PENGADAAN BARANG/JASA YANG DILAKUKAN DINAS PENDIDIKAN KOTA TANJUNGBALAI DITINJAU DARI PERATURAN PRESIDEN NOMOR 54 TAHUN 2010 TENTANG PENGADAAN BARANG/JASA PEMERINTAH DENNY SANJAYA; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The government did many efforts to enhance the quality of human recources. One of the effort is by providing the instances with good things and service that involvies some parties, such as the user and the provider. In fact, there was so many rules that regulates the government activities in this case, that sometimes makes some uncertain legal inside it. The rules are so old and not update but government still using them to maintain the governmental process. The government doesn’t has the absolute responsibility in providing the instances with good things and services. The also helped by the parliament in decided and validatedthe RAPBN. The region government is also helped by the region parliament. Provides the instances with good things and services will be held if it was noted in RAPBN/RAPBD which made by the government that also helped by the region parliament. The RAPBN/RAPBD will become APBN/APBD. In this thesis that titled Juridice Analysis About Provides Things and Services That Held by the Tanjungbalai Educetion Departement reviewed from the President Regulation Nomor 54 Tahun 2010, the President Regulation Nomor 54 Tahun 2010 was change become President Regulation Nomor 70 Tahun 2012 about Providing things and services. The regulation manage about the principal and ethical in providing goverment things and services. In the president regulation about providing government things and services includes of the practice steps from the variety methodes. The contract is one of the important part in providing government things and services. Key words : Pemerintah, pengadaan barang/jasa, kontrak.

PENGARUH PRINSIP CORPORATE SOCIAL RESPONSIBILITY TERKAIT DENGAN IKLIM INVESTASI MENURUT UNDANG-UNDANG NOMOR 25 TAHUN 2007 TENTANG PENANAMAN MODAL DAN UNDANG-UNDANG NOMOR 40 TAHUN 2007 TENTANG PERSEROAN TERBATAS JULIA AGNETHA AGNESTA Br. BARUS; BUDIMAN GINTING; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The activity of capital investment as an effort to increase economic growth should be supported by transparent coordination and policy of capital investment in order to create conducive climate. CSR in a corporation is a legal responsibility which should be implemented by the corporation. According to Law No. 25/2007 on Capital Investment a conducive investment climate can be realized when there are legal certainty and certainty for doing business, facility in giving license to investors, good political condition in the State, and low economic cost for the benefit of the investors. The implementation of CSR in a corporation can be known when the corporation has carried out the principles of responsibility, sustainability, accountability, and transparency and the principles found in ISO 26000. The influence of the principle of Corporate Social Responsibility on the investment climate under Law No. 25/2007 on Capital Investment and Law No. 40/2007 on Corporation is that the implementation of CSR by a corporation can make reciprocal relationship which will be mutually beneficial for its stakeholders. CSR will give positive implication for increasing people’s welfare, creating conducive investment climate, reducing cost, helping develop the government, strengthening business investment, and strengthening the partnership among the people, the government, and the business world. If this condition can be realized, investors will be interested in investing their capital in the corporation which carries out CSR in Indonesia. Kata kunci : Prinsip, Corporate Social Resposibility (CSR), Investasi.

ANALISIS YURIDIS PERAN DAN TANGGUNG JAWAB PPATK SEBAGAI INTELLIGENCE UNIT DALAM SISTEM PERBANKAN INDONESIA MUAMAR ZIA NASUTION; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The development of technology and globalization in the banking sector, make the bank as the main target for money laundering activities. This is because banks as financial service providers offer many services in the traffic of financial instruments that can be used to hide/disguise the origin of the funds. Seeing so the importance of prevention and combating money laundering, then in the state must be established a Financial Intelligence agency units in Indonesia known as the Center for Financial Transaction Reports and Analysis Center (INTRAC) or term expatriate The Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) which born on 17 April 2002, in conjunction with the adoption of Act no. 15 Year 2002 on Laundering. INTRAC as an entity authorized to conduct an analysis of all suspicious financial transactions are an indication of money laundering, and is one of the most important infrastructures in preventing and combating money laundering. Issues raised in the study include legal arrangements INTRAC as Financial Intelligence unit of Indonesia and the roles and responsibilities PPATK to prevent money laundering in the banking system in Indonesia. Writing this thesis research methods normative data collection library (library research) along with collecting the data and read references through regulation, the Internet and other sources, then selected appropriate data to support the writing. The results of this study are that INTRAC as a body established for the prevention and fight against money laundering gets extension with the birth of Act No. 8 of 2010 on the Prevention and combating of money laundering. One is PPATK to conduct temporary suspension of suspicious financial transactions. INTRAC role in maintaining the stability of the financial system in particular economic system of Indonesia and responsible in an effort to combat money laundering in the banking system in Indonesia, INTRAC has the authority to oversee compliance with the reporting party, in this case the banks in an effort to analyze and examine the reports and information financial transactions indicated in money laundering or other criminal received from banks. Therefore the synergy between PPATK and Banking is absolutely necessary and should further enhance cooperation in preventing money laundering is often the case in the Indonesian banking system. Keywords: INTRAC, Money Laundering, Banking.

PERTANGGUNGJAWABAN PENGURUS YAYASAN TERHADAP PAILITNTA YAYASAN MENURUT UNDANG-UNDANG NO. 16 TAHUN 2001 SERTA PERUBAHANNYA (UNDANG-UNDANG NO. 28 TAHUN 2004 TENTANG YAYASAN) EDDY PUTRA MELIALA; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Fondation as a nonprofit institution, that is generally engaged in education, health, the field of religion, culture, and social areas. Fondation is a legal entity consisting of wealth separated and destined to achieve certain goals in the social, religious, and humanitarian who has no members. Fondations can establish a business entity whose activities are in accrordance with the intent and purpose of the foundation. How the establishment of the fondation, as well as the formation of necessity fondation has been set in the notarial dedd. So too has about organ foundation, namely builder, administrators, and supervisors. The issue in this skripsi is how to setup the foundation according to Law Number 16 Year 2001 Jo. Law Number 28 Year 2004 on the Foundation, how bankruptcy foundations, as well as how the board accountability to its foundations bankruptcy. 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 under the Act include the establishment of the foundation that requires the establishment of the notarial deed of foundation, the foundation also set about organ consisting of supervisors, managers and supervisors. An experienced bankruptcy foundations can be caused by the foundation 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. Accountability board to bankrupt its foundation is as stipulated in Article 39 of Law Foundation is if bankruptcy occurred because of errors or omissions and intellectual foundation board is not enough to cover the losses caused by bankruptcy. Kata Kunci : Tanggung Jawab, Pengurus, Yayasan, Kepailitan

ANALISIS YURIDIS TERHADAP PEMBOBOLAN DANA NASABAH CITIBANK DALAM PERSPEKTIF UNDANG-UNDANG PERBANKAN DAN UNDANG-UNDANG TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG HERRY FEBRIAN; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Citibank is a multinational bank that operated in Indonesia. Citibank is a part of Citigroup where its shares listed in New York Stock Exchange (NYSE). The case of Citibank was occurred and exposed on March of 2011 when a Citibank receive the complaint of three customer related to the loss of their fund in saving, the Citibank report the case to the police. Based on investigation indicates that there is hit of the fund of customer by the senior employee in position as vice president in the bank whose name Melinda Dee. The hit of the fund involves the employee of Citibank as teller. In this research, the problem is formulated as follows : to study the position of customer as consumer of banking product, to study the juridical analysis of fund hit of the customer of Citibank in the perspective of Banking Act and the Act of eradication and prevention of Money Laundry and to study the protection of customer on the fund hit of customer of Citibank. The banking business is a trust business. So the case of fund hit of the customer can not be neglected even the hit of fund is conducted by a staff of the bank if the trust of the consumer to the banking make not lost. In the view point of law how to prevent the reoccurrence of the case or be minimized by the Act No. 10 of 1998 concerning to the Banking and Act No. 8 of 2010 concerning to Prevention of Money Laundry. In order to anticipate the hit of fund in Citibank and in other banks in Indonesia and the prevention of money laundry in Indonesia, it is suggested to the law enforcer to punish the severe punishment to the evil doer generally and to the hitter of the fund of the customer of Citibank especially because this condition will provide them with the wary effect to the evil doer and to recover the trust of customer to the banks and the law enforcer in Indonesia. Keywords : Bank, Customer, Money Laundry

ANALISIS KEDUDUKAN KEUANGAN NEGARA DALAM BUMN YANG TELAH DIPRIVATISASI WAFDANSYAH ANGGI HUSAINI; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 1, No 2 (2013)
Publisher : Universitas Sumatera Utara

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The problem related to the privatization of State–Owned Corporations is as an urgent issue recently. It is as the effect of nationality assets as the target of privatization which is frequently debated as the existence of the policy to sell some state owned corporations for the foreigners. In other words, the problem occurs in the privatization of State Owned Corporations as the impact of government policy without considering the needs of the people in general. The problem to raise in this thesis is related to rule governing the privatization of State Owned Corporations, legal aspects of state financial in privatization of State Owned Corporations, and the state financial condition in State Owned Corporations which have been privatized. The method used in this research was normative yuridical. Normative research method was also called as doctrinal research, that is the research to analyze law either law as it is written in the book or law it is decided by the judge through judicial process. Normative law research was based on secondary data and emphasized on the steps of speculative-theoretical and normative-quantitative analysis. The privatization program is intended to increase the performance and valued-added of the company as well as to add the participation of the people in the possession of company shares. The privatization was done by paying attention on the principles of transparencies, self-support, accountability, responsibility, and reasonably. The privatization can be done by selling shares based on capital market clauses, share direct selling for investors, and share selling for management and/or related employees. State financial in State Owned Corporations is as different wealthy from the wealthy of state and with the rights to get profit from the results of the company. The wealthy of the state in one State Owned Corporation depends on the type of the corporations. If the type of State Owned Corporations are in Public Company, then all capital shall be owned to state. However, if it is in the form of limited company, then partly of the capital (at least 51%) shall be as the asset of state and it is divided on the shares. State Owned Corporations which have been privatized in fact shall transfer partly of state shares (represented by government) on the state financial in State Owned Corporations which have been privatized to private parties and the possession of shares will be smaller than 50%. It means that new investors as the holder of shares in State Owned Corporations which have been privatized may get partly of shares in State Owned Corporations. As the biggest shareholders, new investors shall try hard and efficiently to get optimal profit, absorb new workers and give more contribution for the government through tax payment and dividend division. Key words : State Financial, State Owned Corporation, Privatization

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Sumatera utara

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