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PENYALAHGUNAAN KEWENANGAN PENGURUS DALAM PENGELOLAAN YAYASAN MENURUT UU NO. 16 TAHUN 2001 Jo. UU NO. 28 TAHUN 2004 Angeline angeline; Bismar Nasution; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Foundation is a nonprofit corporation whose purpose on social, humanitarian an religious. Foundation has an organ to manage the foundation. In conducting its activities, the foundation is managed by a board that actively manage the foundation by Indonesia Law No. 16 of 2001 Jo. Indonesia Law No. 28 of 2004 and the Articles of Association of the foundation in order to achive the aims and objectives of the foundation. Board has the duty and authority and resposibility in running the foundation.The authority granted to the foundation’s board is now being abused by the board. Writing method used to compile this paper is the normatif juridical approach, with an analysis of the problems from the approach to the principles of law and refers to the legal norms contained in the legislation. The research was carried out with an emphasis on the data library by library research such as legislation readings, books, papers, magazines an the internet. Abuse of authority in the management board on this foundation may result in losses as well as the other foundation. In the Law Foundation and the foundation’s articles of association have set about authorty board of trustee. There are restrictions that must be adhered to by the board. Kata Kunci : Penyalahgunaan, Kewenangan, Pengurus, Yayasan.

PENYELESAIAN KREDIT MACET MELALUI LEMBAGA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) Dini Syakina Siregar; Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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To enter the era of globalization and face the ever-growing national economy moving fast, the banking sector is one of the sectors that should be developed and fully utilized to realize the income distribution. Terms of the law, the presence or absence of bad loans that hit a bank, does not result in a shift or change in the legal relationship between the creditor banks on the one hand and customers who have bad credit debtors on the other. The formulation of the problem that is discussed in this paper is on how the handling of bad loans in the banking environment, and discussed the relationship between the bagimanakah Suspension of Payment (PKPU) with bad credit, and at the end of this thesis is discussed more about how loan resolution through non Suspension of Payment (PKPU). Handling bad debts in the banking environment is done in two ways: first, preventive efforts in handling bad debts by banks and secondly, the bank will undertake repressive measures to rescue the rescheduling loans (rescheduling), the only change in credit terms regarding schedule payment and / or duration. Relationships that exist between PKPU with bad credit is PKPU can be done either to avoid bad credit. This is evident from the characteristic PKPU as stated in Chapter III Section 222-294 UUK. Loan resolution through PKPU can be done by both the debtor and creditor (bank) in order to propose a peace plan that includes an offer to pay part or all of the debt to the creditor with the following steps. Whereas in the case of PKPU petition filed by a creditor, the court must grant the petition immediately PKPU no later than twenty days from the registration of the application. The court must appoint a supervisory judge and appoint one or more administrators. Commercial Court decision on temporary PKPU is valid for a maximum of forty days and after that it should be decided whether the PKPU can continue to be a PKPU regularly in accordance with Article 225 paragraph (3) Labor Law and PKPU; PKPU next stage is fixed, after a specified delay while debt repayment obligations, the Commercial Court through official must call the debtor and the creditor in question to appear in a hearing held not later than forty-five days since the enactment of the decision PKPU while. In the trial will decide whether it can be given PKPU be fixed with a view to allowing debtors, trustees, and creditors to consider and approve peace. The PKPU can be approved if it is still in accordance with Article 229 Paragraph (1) Labor Law and PKPU. Keywords: Kredit, penyelesaian, Penundaan Kewajiban Pembayaran Utang (PKPU).

GUGATAN PEMBATALAN MEREK TERDAFTAR OLEH PEMILIK MEREK TERKENAL ( Studi Kasus: Putusan MA No. 402 K/Pdt .Sus/2011). Haris Fadhilah Putra; T. Keizerina Devi Azwar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Brand is very important in the business world. Brand products (both goods and services) that are certain to be popular and sell well in the market of course would tend to make spur other manufacturers or entrepreneurs competing products with famous brand, even in this case finally appeared unfair competition. Brands used in the trade, which in turn may submit the national economy. Pemdaftaran brand basically meant that the mark is used in commerce. The issue in this thesis is how the system of trademark registration in Indonesia, how to register for the legal protection of well-known brand in Indonesia, as well as how the lawsuit registered trademark by the owner of the famous brands in Indonesia. Methods of research using this type of normative legal research. Source of data used are secondary data, which consists of primary legal materials, secondary, and tertiary. Data was collected with library research techniques and data analysis using inductive qualitative approach and dedukatif. Mark registration system in Indonesia is currently contained in that set in Trademark Law No. 15 of 2001 is a constitutive system but before Indonesia also familiar with declarative system adopted in the Brand Law No. 15 of 2001. The meaning is constitutive sitem party has registered its brand, it creates a registration rights to the trademark, registered parties he was the only one who has the right to a brand and third-party registrar must respect his rights as an absolute right. Registration of the trademark protection law known governed exclusively However the brands that have been registered are allowed to be given an explanation and how to brand holders may submit the registration against any other brand. Kata kunci: Gugatan pembatalan, Merek, Merek terkenal

PERTANGGUNGJAWABAN DIREKSI ATAS PERBUATAN MELAWAN HUKUM YANG DILAKUKAN DALAM MENGURUS PERSEROAN TERBATAS Lorensia Perangin-angin; Bismar Nasution; T. Keizerina Devi Azwar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Limited company, has some components such as RUPS, director and commissioners. Corporate as an Independent legal subject is artificia person, that need the director as a leader. In the same way, a company doesn’t have a function to run their rights and obligations without director’s help. Director’s existence in the company, it’s just like the life in that company. It is impossible for the company, without the director. On the contrary, It is impossible there’s a director without the company. Director’s function is to take care of the company to purpose and objectives of the company in accordance with good ethics and responsibly. Conduct of the research is normative legal research. First step, the normative legal research based on the secondary law materials. For example: an inventory of regulations relating to the civil law analysis in particular against setting regarding liability of Directors for tort commited in taking care of the company. It is also taken from the written materials relating to this issue. Director’s responsibility of tort of law, in taking care of the company is set out in article 97 paragraph (1) and (2) of Act Number 40 of 2007, which stated the board of Director is responsible to manage the company, where the mandatory clearance carried out each member with good ethics and full of responsibility. The directors are given the opportunity to defend himself with the business judgment rule. So, the court is obligated check for those decisions whether the actions of the director is indeed in the interest of the company and with good ethics and attention to minorities shareholder in that company. The director’s responsibility is including their own assets in case they are proven violate the duty of care and duty of loyality. Keywords: Pertanggungjawaban, direksi, perbuatan melawan hukum

PEMINDAHAN HAK ATAS KEKAYAAN YAYASAN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2001 JO UNDANG-UNDANG NOMOR 28 TAHUN 2004 TENTANG YAYASAN M. Rizky Faizha Putra; T. Keizerina Devi Azwar; Ramli Siregar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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The transfer of property rights foundation in regard to the provisions set forth in Law No. 16 year 2001 yo Act No. 28 of 2004 ("the Law Foundation"). The principle is based on the provisions stipulated in the Law on Foundations, the transfer of property rights by the Foundation with the approval of the Foundation Board of Trustees Foundation. Other terms and conditions relating to this notice shall further provisions in the Articles of Association of the Foundation. for example, who is authorized to represent the Board and how the shape of the approval granted by the Trustees. The research was conducted using the method of normative legal research or legal research literature, the data used are the primary legal materials, secondary, and tertiary, while the data collection is done with the study of literature (library researh). Based on the results of the study authors that the management of the property was also deemed necessary foundation rearrangement and self improvement. Management of the Foundation in a professional and efficient with the implementation of the principle of transparency in all its operations is a necessity at the present time. Foundation in the act represented by its officials. Monitoring of the board needs to be done because the board is difficult to interpret what the wishes of the stakeholders. This gives an opportunity for the Board to run the country or company based commentary on what is desired by stakeholders. Supervision is done by limiting the authority of the Board. Keywords: Transfer of property rights, the foundation Keywords: Pemindahan Hak Atas Kekayaan, Yayasan

PERLINDUNGAN DESAIN INDUSTRI KERAJINAN TANGAN TERHADAP USAHA KECIL MENENGAH MENURUT UU NO. 31 TAHUN 2000 Roma Victoria; Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Protection of industrial design has many benefits for the perpetrators of Small and Medium Enterprises (SMEs). However, the implementation of the registration of industrial design rights are not fully reach the general public, especially people from small industries. It is very contradictory to remember that industrial design protection is an important part of the trading system. Issues raised in this paper is the design of industrial settings, protection against hand-crafted production of small and medium enterprises (SMEs), and industrial design an important role in overcoming the barriers experienced by small and medium enterprises (SMEs). The research method used in this study is descriptive, namely the research literature (Library Research) by collecting material - material from books, magazines, articles, internet, legislation danhasil other scholarly writings are closely related to the purposes of the preparation of the work This scientific. The results of this study it can be concluded that the Protection of Industrial Design is necessary to protect the handicraft production of small and medium enterprises (SMEs) from losses incurred by its imitators and legal protection that would be obtained by Small and Medium Enterprises offender registration when the work is the exclusive right the crafts related to moral rights and economic rights granted to applicants in recognition of the intellectual work of a small to medium sized businesses. Protection of Industrial Designs for handicrafts will have many benefits for small medium businesses (SMBs). First, small and medium business actors can pursue his imitators prevention of making and selling copies of the original. Second, small and medium businesses can recover damages, either actual or legal advantages. Legal protection will be at the party to register for the work and have proof of registration certificate. Keywords: Desain Industri, Usaha Kecil Menengah.

PERAN KEMITRAAN BADAN USAHA MILIK NEGARA TERHADAP USAHA KECIL MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2008 TENTANG USAHA MIKRO, KECIL DAN MENENGAH (STUDI KEMITRAAN PT. TELKOM CDSA MEDAN DENGAN “ITA MODE”) Dila Afifah; Budiman Ginting; Ramli Siregar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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The thesis is motivated by the interest in the issue of the State-Owned Enterprise (BUMN) partnertship toward small enterprises. In this thesis, the problem is how the role of State-Owned Enterprise partnership in empowering small enterprises according to Basic Law Constitution No.20 of 2008 about Small-Medium Enterprises, the fundings which become the barriers in doing the partnership between State-Owned Enterprise an the small enterprise as the constructed partner. Small business that became one of the largest sources of revenue must be considered specifically in terms of its development. Therefore the State-Owned Enterprise runs the partnership program toward small enterprise in order to empower small enterprises in national economic sector. Research methods that are used within tha data obtained in support of this is Descriptive Normative Legal Reseach Methods in the early stages where the authors conducted a study to the secondary data which is legislation rule related to and sebsquent authors conducted research through interview techniques and collecting materials from the speakers at Telkom CDSA Medan and Ita Mode to know hoe the implementation of the State-Owned Partnership toward small enterprises. The role of State-Owned Enterprises to small business partnership is to provide assistance steamy soft loans, where the loan banyuan used for the development of the business. State-Owned Enterprise does not only provide assistance in the form of soft loans, but also provide training and trade promotion small business partners who become surrogates. State-Owned Enterrprise partnership contributes a very big role for small business. It can be seen from the development of small business that the increasing both in terms of revenue and business management. If it is related with Basic Law Constitution No.20 of 2008 about Small-Medium Enterprises, within a partnership between the state with small businesses, the state has implemented the partnership with both the small business. Kata Kunci : Kemitraan, BUMN, Usaha Kecil

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