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Sumatera utara
INDONESIA
TRANSPARENCY
Published by Universitas Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 216 Documents
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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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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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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Abstract

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)
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Abstract

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
SISTEM PERTANGGUNGJAWABAN DIREKSI DALAM HOLDING COMPANY ABDUL AZIS ALSA; BISMAR NASUTION; WINDHA WINDHA
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

A limited liability company be an option that is often used for a variety of business economy, also greatly influences the national economy. Holding company is a structure of legal connected each and others composing an economic unity that submit to a director of holding company and subdiary. 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 result of this paper it can be conclude that Arrangement on limited liability company still using Indonesian Law No.40 of 2007 also regulated in the law that regulates specifically about other matters relating to the corporation law, the Indonesian Law No.40 of 2007 still maintaining the recognition of juridical status of a legal entity's holding companies and subsidiaries as independent legal subject but does not give a juridical recognition of the ‘company grup’ as as a separate legal entity vis-à- vis other law agencies. Therefore have a Board of Directors' duties and responsibilities to the company and has been established in the legislation. Kata kunci :Sistem, Pertanggungjawaban Direksi, Holding Company.
FUNGSI DAN TUGAS OTORITAS JASA KEUANGAN BERDASARKAN UNDANG-UNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN ABIDIN YUNUS; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

Before the establishment of Otoritas Jasa Keuangan (OJK), banks are regulated and supervised by Bank Indonesia (BI), while the non-bank financial companies regulated and supervised by Badan Pengawas Pasar Modal-Lembaga Keuangan (Bapepam-LK). But after the crisis hit in 1998, it gives birth to the idea of establishing an independent oversight agency. However, this agency is formed after a long process of waiting. Exactly after the issuance of Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. The issues that will be raised by the author is how OJK regulated in Indonesia, how is the position of financial services authority in other countries, what is the functions and duties of OJK. The research method used by the author was a literature research, which is the juridical normative that aims to describe in a systematic, factual and accurate to state the object of a study by research based on normative legal provision. Research source used is sourced from secondary data. Otoritas Jasa Keuangan is an independent body in carrying out its duties and powers under Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. In the UK, Financial Services Authority headed by a chairman. But in carrying out day-to-day operational activities carried out by a CEO. In Japan, Financial Services Authority headed by the commissioner in charge of administrative law judge, planning and coordination bureau, inspection bureau, and supervisory bureau. General functions and tasks of OJK is to regulate and supervise the activities of financial services in banking, capital markets, and other financial institutions. In the banking sector, the functions and duties related to OJK were only microprudential aspects such as institutional, business activities, and assessment of banks’ health. In the sector of the capital markets and other financial institutions, OJK carry out all the duties and authority vested in Bapepam-LK, ie foster, organize, and oversee the day-to-day activities of the capital markets and to formulate and implement the policies and technical standardization in the field of financial institutions. Kata Kunci: Fungsi, Tugas, Otoritas Jasa Keuangan
PERLINDUNGAN SAHAM MINORITAS DALAM HOLDING COMPANY AUDRYA LUVIKA SIREGAR; BISMAR NASUTION; MAHMUL SIREGAR
TRANSPARENCY Vol 2, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Abstract

In any corporations, there are majority shareholders and minority shareholders. Minority shareholders are the parties who have stocks with very small amounts in the company. However, minority shareholders are still part of the company, which also has the rights over the company, therefore these minority shareholder's rights should be protected. The research that was used in compiling this thesis using normative legal research methods (methods of librarianship), that are examined by collecting and processing data from books, legislations, journals, websites and other scientific writing results that closely related to The Protection of Minority Shareholders in the Holding Company in Indonesia. The result of this thesis can be concluded that the rights of minority shareholders in the holding company must be protected, the protection can be reached through the Appraisal Right, which protect minority shareholders as a way out for them to leave the company that has changed fundamentally, if they does not consent to the change that referred to. Kata Kunci: Perseroan Terbatas, Holding Company, Pemegang Saham

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