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Sumatera utara
INDONESIA
TRANSPARENCY
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Articles 8 Documents
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ASPEK YURIDIS KEPEMILIKAN SAHAM BAGI KARYAWAN PADA PERSEROAN TERBUKA (PT. Tbk) ANDREW J TARIGAN; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

As part of the world community business management company in Indonesia is affected from management practices in other country,especially in advanced countries. One of the practice is introduction a manajemen program human resources the Employee Stock Ownership in a Public Company. This research is meant to see how the regulations of the employee stock ownership,how the medium and subject matter in employee stock ownership and procedure, and stock ownership in other county and indonesia. The Research Methods in this study is a yuridis empiris research that is a researching  how the Bapepam regulated and a Prior to  the Law 40 of 2007 concerning incorporated company in assessing the effect of granting shares to employees againts incorporated company. In this research, it can be seen in Indonesia no special provision how to regulate Stock Ownership Plans. The legal basis of the stock ownership plans in Indonesia be regulated in prior to the law No.40 of 2007 concerning incorporated company in clause 43 concerning about stock ownership plans, and clause 51,52 and 61 concerning about shareholder rights and organize about legal acts the company, and the legal basis of the stock ownership plans is Bapepam No.IX.D4 concerning HMETD.     Key Words: Tenaga Kerja, Kepemilikan Saham, Perusahaan Terbuka
PEMBIAYAAN TALANGAN HAJI DALAM PERBANKAN SYARIAH DITINJAU DARI UNDANG-UNDANG PERBANKAN SYARIAH FAISAL FANI NASUTION; MAHMUL SIREGAR; RAMLI SIREGAR
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Product of Fund of Roof-Gutter Haji represent the Product pertained a new innovation in Transaction some Moslem law Bank. This Product meant to close over the fund insuffiency which not yet answered the demand to candidate Haji by Loaning a number of money (Qardh) with the Guarantee of Deposit of Client of candidate Haji, last to the that loaning service Bank draw A number of Fee / ujrah (in this case Ijarah) as Religious advices DSN-MUI : Number 29/DSN-MUI/VI/2002, however in 2 (this two) akad happened the problems when application into Product of Fund of Roof-Gutter Haji to be explained after this, but before that it is better if evaluating one per one congeniality every akad that is Al-Qardh and Al-Ijarah. Problem of this research namely defrayal in Moslem law banking, hereinafter Defrayal of roof-gutter haji according to No. 21 year 2008 about Banking Moslem law and also protection punish to bank client in defrayal of roof-gutter haji evaluated from No. 21 Year 2008 About Moslem law Banking. This research use the approach of yuridis normative because this research use the data sekunder to analysis the contractual terms bank with  debitor and also its law protection aspect principally Moslem law. Bank Moslem law is the part of Banking Moslem law apart rom Business Unit Moslem law (UUS), while Bank Moslem law consisted of public Bank of Moslem law and Bank of Defrayal of Moslem Law People (BPRS). In of banking of Indonesia of Number 21 Year 2008 differentiating bank [of] pursuant to its business activity become two, that is bank executing business activity conventionally and bank executing business activity pursuant to Moslem law principle. No. 21 Year 2008 about Banking Moslem law not arrange peculiarly the defrayal of roof-gutter haji, at Section 21 only explaining business activity of Moslem law banking. this Roof-Gutter defrayal guaranteed by deposit had by client, client obliged to return a number of money loaned certain within. To the service of loaning of this roof-gutter haji fund, bank Moslem law get a run for the ( fee / ujrah) which is the level of not relied on  the amount of loaned fund. Protection of Client of fund of roof-gutter haji given early on namely with the existence of information of existence of bank Moslem law informatively, so that in have competition with the other bank will get the position which suitable and acceptable. Ambulatory protection early on better by giving information which its credibility accountable from all aspect.   Keyword : Pembiayaan Talangan Haji, Perbankan Syariah
PERANAN REKSADANA SYARIAH DALAM PENINGKATKAN INVESTASI DI INDONESIA M RASYID RIDHA; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Reksadana Moslem law represent the medium of mixture invesment joining share and obligation Moslem law in one product which dikelolah by Invesment Manager. Existence Reksadana prove that capital market not merely just just nob people monopolies. Pass the reksadana, petitborgeois under even also can enjoy the advantage from the company share. Meagrely investor money can enjoy the advantage from share and other invesment instrument, and will more and more opportunity to society to participate. Problem of this research How arrangement of reksadana of Moslem law in Indonesia, forms of agreement execution (akad) in invesment mechanism the reksadana Moslem law,and How protection punish to investor in invesment the reksadana Moslem law. Method used in this writing thesis is research method punish the normatif. With the data collecting in book study (library Reseach). Writer use bibliography research / library reseach. In this case research punish by bibliography research or referred with the research normative. Pursuant to research result obtained that Arrangement of reksadana  Moslem law in Indonesia, arrangement concerning this reksadana in positive law, both for conventional and also which is pursuant to Principle Moslem law is same that is arranged in No. 8 Year about Capital Market technical regulation and in the form of Governmental Regulation, Decree Of The Minister For Finance, and regulation by Bapepam and regulation by Effect Exchange as Self Organitation Rgulatory (SRO). Forms of agreement Execution (akad) in invesment mechanism [pass/through] the reksadana Moslem law, mechanism of invesment reksadana in fact loo like with the sharing holder invesment. All investor and invesment manager " idol" to the invesment into various invesment product needing big capital. Protection punish to investor in invesment [pass/through] the reksadana Moslem law, protection forms punish to investor which is there are in agreement, Regulation of Bapepam and fiduciary duty, relate to the duty of Invesment Manager in managing Reksa Fund for the sake of investor   Keyword : Reksadana, Hukum Islam, Investasi.
PENGECUALIAN PRAKTEK MONOPOLI YANG DILAKUKAN OLEH BUMN SESUAI PASAL 51 UU NO.5 TAHUN 1999 MARSHIAS MEREAPUL GINTING; NINGRUM NATASYA SIRAIT; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

After the entry into force of Law no. 5 of 1999, the monopolistic practices in the Indonesian economic activity expressly prohibited by law, but there are exceptions to the state, which in the presence of Law No.5 of 1999 clause 51, have legal legitimacy to claim exemption in monopolistic practices in Indonesia. Which are expected to given to state-owned monopoly, it can help the implementation of the 1945 Constitution Clause 33 of the Indonesian economy. Issues raised in this paper are as follows: how the regulation of monopolies in the legislation in Indonesia, how the position of BUMN in the economy in Indonesia as businesses that are entitled to monopolistic practices in Indonesia economy and how the exemption against monopolistic practices by BUMN. This research was conducted with the juridical-normative, remember to be studied is the provision of an article and its application in practice. Data obtained from examining the legislation and literature associated with the formulation of the problem. Monopoly by the state under the provisions of Clause 51 of Law 5 of 1999 is that monopoly or concentration of activity that can be done only over the branches of production that dominate the lives of many people and that is important for the country. Because until now there is no certainty in legislation which imposes limits is "dominate the life of the people" and "important for the country", it is entirely left to the House of Representatives to decide. Monopoly and or concentration of activity should be regulated by law and held by the State-Owned Enterprises and or body or institution established or designated by the Government. In this paper will be given an example of a state agency that have a right to  monopoly, namely PT PLN (Persero), which held a monopoly supply of electricity by the legitimacy of law no. 30 of 1999. Keywords : BUMN, Pengecualian Monopoli
PENYELESAIAN PEMBIAYAAN BERMASALAH MELALUI PARATE EKSEKUSI OBJEK JAMINAN FIDUSIA PADA PT. PEGADAIAN (PERSERO) CABANG MEDAN UTAMA MAURITS MR SITOHANG; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Fiduciary agreement is defined as a contract whereby a person, as a debtor (fiduciary assignor party) agrees with another person, the creditor (the fiduciary assignee party) which is mostly a credit institution or similar regulated entity, on the transfer of ownership of moveable assets constituting a fiduciary estate to the aforementioned fiduciary subject to obligations determined by the parties. This is why this agreement also called as the fiduciary transfer of ownership. This kind of agreement represent a less costly and more efficient choice, as the creditor did not have to keep and taking care of the assets, while the debtor still maintains the possession and able to make use of the encumbered assets. In other words, only the legal right of ownership of the assets are temporarily transferred to the hand of a creditor as security / guarantee for the debtor obligations, until the debt is repaid. For these reason, such agreement are considered to be a useful alternatives in arrangement of a credit facilities for both credit institution, in this case PT. Pegadaian (Persero) Cabang Medan Utama and their customer. This research is meant to see how the direct execution on a fiduciary guarantee as a settlement of a non-performing loan on a fiduciary agreement at PT. Pegadaian (Persero) Cabang Medan Utama through a juridical approach using a methods that focused on the legal rules related the problems, with the qualitative data analysis to the laws with theorical concepts, opinions of experts, and other legislations relating to this study, and then to be compared with the field data. Execution by using an executorial title must be carried out by a civil lawsuit filed to the courthouse, which is then will be titled by the court of justice to proceed the execution, according to the courthouse’ verdict. Fiduciary transfer of ownership, prior to the Law No. 42 of 1999 concerning Fiduciary Transfer entitled the creditor the right to directly executed the guaranteed assets and then allowing the creditor to sell the goods to satisfy his debt, followed by returning what remains from the proceeds of the sale to the debtor.   Kata Kunci : Parate Eksekusi, Jaminan Fidusia, Pengurus.
TINJAUAN HUKUM FUNGSI YAYASAN YANG DIDIRIKAN OLEH PERSEROAN TERBATAS MONA WINATA SIAHAAN; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

The Institution of foundation has been widely recognized and was born in Indonesia since the days of the Dutch Indies government until Indonesia. Prior to the birth of Legislation No.16 of 2001 on the foundation has been no legal provision that regulates regarding the foundation. Up to the birth of the legislation No.16 of 2001 jo. Legislation 28 of 2004 on the foundation, in Article 1 item 1 is mentioned understanding the foundation is a legal entity which consists of the wealth were separated and destined to achieve certain goals in the social, religious and humanitarian who do not have a common member. The issues raised in this thesis is how to arrangement the foundation based on the Foundation of the legislation No. 16 of 2001 jo. The legislation No. 28 of 2004, is how the legal relationship among the limited liability company with the foundation established by the limited liability company and how the function of foundation established by the limited liability company. The research method used in writing this thesis is normative or the law method is also called the method of literature. Normative legal research is the legal research with cultivate and using the secondary data. The results of this research shows clearly that foundation established by the limited liability company as the founder of a foundation separates the beginning a wealth and established the foundation as a legal entity institution. The function of a foundation established by the limited liability company remained perform its functions in the social field, religious and humanitarian and a foundation purpose as provided by the Legislation of the foundation.   Kata Kunci : Fungsi, Yayasan, Perseoan Terbatas.
PERTANGGUNGJAWABAN ORGAN YAYASAN ATAS PAILITNYA YAYASAN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2001 Jo UNDANG-UNDANG NOMOR 28 TAHUN 2004 TENTANG YAYASAN NUR HIDAYAH; RAMLI SIREGAR; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Foundation is a legal entity generally in education, health, the field of religion, culture, social areas,and humanitarian who has no members. Foundation runs its activities througt organ foundation, namely builder, administrators, and supervisors. Organ foundation in managing foundations can lead to a foundation for bankruptcy is not always caused by negligence organ foundation in managing the foundation. The issue in this skripsi is how legal regulation on the management of the foundation according to law number 16 year 2001 Jo. Law number 28 year 2004 on the foundation, how bankruptcy foundation, as well as how accountability organ foundation bankruptcy foundations. 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 by law include the eatablishment of the foundation that requires the establishment of foundations in the notarial deed, also be set on a foundation consisting of organ builder, administrators, and supervisors. A foundation can suffer due to bankruptcy because the foundation has two or more creditors and not pay in full at least one debt that has matured and can be billed, declared bankruptcy by court. Organ responsible for bankruptcy foundation is provided for in law foundation that is if bankruptcy occurred because of errors or omissions in the wealth management and supervisory foundation is not enough to cover the losses caused by bankruptcy.   Kata kunci  :  Tanggung Jawab, Organ, Yayasan,Kepailitan
TANGGUNG JAWAB DIREKSI DALAM MENJALANKAN CSR (CORPORATE SOCIAL RESPONSIBILITY) BERDASARKAN PERATURAN PEMERINTAH NOMOR 47 TAHUN 2012 STEPHEN RICHARDO; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 2 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

As a legal subject who support the rights and obligations, one of the Corporate obligations as set forth in the Limited Liability Company Act and Rule The exercise is about social responsibility. The main issues to be discussed in this paper include how the implementation of CSR in Indonesia, how the legal responsibilities of directors and CSR according Limited Liability Company Law No. 40 of 2007 and how the responsibilities of directors in implementing CSR according to Government Regulation No. 47 Year 2012. This writing applies method of normative legal research with data collection Library Studies (Researh Library), by examining library materials or secondary data form the primary legal materials relevant regulations, secondary legal materials related documents and legal materials tertiary which is a clue to primary and secondary legal materials. Secondary data has been compiled is then analyzed using deductive and inductive methods to obtain conclusions. The conclusion of this paper is the implementation of Corporate Social Responsibility (CSR) in Indonesia is based on the Limited Liability Companies Act No. 40 of 2007 and Government Regulation No. 47 Year 2012 and legislation related. The legal relationship between responsibility and CSR directors pursuant to the Limited Liability Companies Act No. 40 of 2007 is the director responsible for the management and maintenance of the company as well as in the implementation of CSR as mandated by Article 74 of the Limited Liability Company Act. Responsibilities of directors in carrying out CSR according to Government Regulation No. 47 Year 2012 is that CSR is the responsibility of the directors, organ company which has overall responsibility for the management company, and has the authority to represent the company, to be followed with respect to the annual work plan and the appropriateness and reasonableness and reporting.   Kata Kunci   : Tanggung Jawab, Direksi, dan Corporate Social Responsibility.

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