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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

ASPEK HUKUM PERUSAHAAN MODAL VENTURA SEBAGAI SALAH SATU LEMBAGA PEMBIAYAAN DI INDONESIA Budiman Ginting; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Venture Capital Company is one form of Financingcompany in Indonesia. Financing trough venture capital can help the entrepreneur and also can increase economics matters of Indonesia. The more excessively of venture capital in Indonesia be needed comprehension about venture capital company. The Method of research used in writing this thesis is normative legal research, by collecting data from multiple reference either through books, legislation, website, and other reference sources. Based on the survey results revealed that venture capital company have legal basis that is Presidential Regulation No. 9 of 2009 on financing institutions and Regulation of the Minister of Finance No. 18/PMK.010/2012 on Venture Capital Company and the others laws. Mechanism of venture capital begins entry of financiers by forming a pool of funds, to process of divestasi.

PENGANGKATAN DEWAN KOMISARIS DAN DIREKSI BANK MENURUT UNDANG-UNDANG NOMOR 7 TAHUN 1992 JO. UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN Bismar Nasution; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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One of the efforts that can be made to produce a good management structure is via a selection process of the owner and board of management (the board of commissioners and board of directors) on all the banks that carried through to test the ability and propriety (fit and proper test). Appointment of board of commissioners and board of directors of the bank are regulated in the banking act. However, during this appointment of board of commissioners and board of directors of the bank comply with the "no" because there are several incomplete article and was deleted. The problems raised in this thesis is how the appointment of board of commissioners and board of directors of the bank according to the banking law, how the role of Bank Indonesia in the appointment of the board of commissioners and board of directors of the bank, and how the implementation of the regulation of board of commissioners and board of directors the adoption in a law of banking Research methods used in the writing of this thesis is that the normative legal research methods or ways of researching the existing library materials. The first phase of the normative legal research is research aimed at obtaining objective law (legal norms), which is conducting research on legal issues. The second phase of the normative legal research is research aimed at obtaining subjective laws (rights and obligations). Research used are descriptive and used qualitative approaches that aim to understand and grasp the symptoms are examined. Data collection tools include the study of librarianship, legislation, books, scientific papers, etc. The result of this research shows clearly that the appointment of the board of commissioners and board of directors in terms of banking law in practice is not usable because the rules on adoption does not exist. Bank Indonesia's role in the appointment of the board of commissioners and board of directors of the bank is as a regulator and supervisor of banks as mentioned in article 8 subparagraph c act– BI. The implementation of the appointment of the board of commissioners and board of directors of the bank in terms of the banking act in practice cannot be used because there was no appointment regulations.

PERLINDUNGAN HUKUM TERHADAP PEMEGANG OBLIGASI DALAM PAILITNYA SUATU PERUSAHAAN PENERBIT OBLIGASI Bismar Nasution; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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A corporation issuing an obligation in generally is requiring a fresh fund in highly quantity, some cases such corporation shall find difficulties to have one single creditor to provide the fund as required. As alternative in solving the problem, urged to issue some sheet obligations. Referring in issuing an obligation, the issuer of such obligation may got bankcruption at any time. In correlating with it, such bearer of obligation need legal protection against the obligations that one owned. In this situation, the bearer of obligation is allowable commit legal action if the bearer of the obligation get no any legal protection upon the obligations as posses. In connecting with the cases as mentioned aforesaid, it is necessary to provide a specific formulation that has been taken as follow : how it legal correlation that may emerge in connecting with issuing obligation, how is bankrupt for any corporation may take place, how is legal protection given on the holder of obligation while taking place a bankrupt for a corporation issuing an obligation. This study adopted a normative law method, in reality it is recognized a library research. Still, in a study with normative legal provided in process all the data secondary and then use as necessary. This study with result showed clearly that the correlation of law base between the issuer of obligation (emitter) and investor as holder of obligation is a legal connection in debts and credit emerging in the agreement. A bankrupted of corporation issuing obligation is equally with a corporation in bankrupted as generally, the bankrupted itself is allowable to submit if it has fulfilled the requirements in bankrupted as mentioned in the Article 2 point (1) UUK and PKPU. A legal protection on the holder of obligation while taking place bankrupted corporation issuing the obligation is certainly a legal protection that should be provided to the creditor concurrent with the protection as provided to the holder of obligation in such case is known minim, in generally it is assumed not conforming with the credit owned by the holder of obligation on the corporation as issuer for such obligation.

PERALIHAN SAHAM PT.TERTUTUP KEPADA KOPERASI DITINJAU DARI UNDANG-UNDANG NO.40 TAHUN 2007 DAN UNDANG-UNDANG NO.17 TAHUN 2012 Mahmul Siregar; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Limited liability company is a legal entity which capital is wholly divided into shares, the shares can be transferred to various kinds of interest in order to achieve the company's goals. Transfer of shares can be done, among others, to the cooperative which is a legal entity and can be established by a natural person or legal entity. The formulation of the issues discussed in this paper is how the capital in the limited liability company and capital in the cooperative, how are requirements and procedures for transfers of shares in a limited liability company, how to transfers of shares from enclosed limited liability company to cooperatives in terms of Law No. 40 of 2007 on Limited Liability Company and Law No.17 of 2012 on Cooperatives. Research methods used in the writing of this thesis is that the normative legal research methods or ways of researching the existing library materials. The first phase of the normative legal research is research aimed at obtaining objective law (legal norms), which is conducting research on legal issues. The second phase of the normative legal research is research aimed at obtaining subjective laws (rights and obligations). Research used are descriptive and used qualitative approaches that aim to understand and grasp the symptoms are examined. Data collection tools include the study of librarianship, legislation, books, scientific papers, etc. The result of this research the limited liability company's capital comes from shareholders who incorporate capital into the company, while the cooperative capital is derived from primary deposits and certificates of cooperative capital besides capital sources can be obtained from grants, loans from other parties such as banks, non-banks, cooperatives, or from members of cooperatives or other cooperative or can also be obtained from capital investments; second, the terms and procedures for transfer of shares has been stipulated in Law No. 40 of 2007 on Limited Liability Company, among others, through the offering will be sold in advance if, needed the approval organ of the company, or with the permission of the relevant agencies such as the Coordinating Agency for Investment (BKPM). Transfers of shares can be done with sale and purchase agreements and grants; third, transfers of shares of enclosed limited liability company to the cooperative if in the terms of Law No. 40 of 2007 on Limited Liability Company and Law No.17 of 2012 on Cooperatives is that the transition of ownership of shares means the transition to all things that have anything to do with the rights and obligations attached to the stocks concerned and carried out, among others, such as sale and purchase agreements and grants. The reasons for the transition of the enclosed limited liability company's shares to the cooperative if the company is selling stock, then there is an indication that the company is in need of additional capital, but when the company donated the shares to the cooperative, then this is a form of additional capital given by the company to the cooperative to promote itself. With the transfer of these shares, the right of shares’ ownership has changed.

KAJIAN YURIDIS ATAS KEJAHATAN PASAR MODAL DI BURSA EFEK INDONESIA MENURUT UU NO. 8 TAHUN 1995 TENTANG PASAR MODAL Bismar Nasution; T. Keizerina Devi
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Nowdays, capital market plays the important rules in this modern economic era which is supported by the capital market’s crime happened, that is why it needs to be discussed further. The issues that will be raised by the author is the categories of capital market included the legal base, the solution of capital market’s crimes, the sanction application those are in the Law No. 8 years 1995 to solve the case of capital market’s crimes. 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. This research result proves that there are four categories of capital market’s crime happened in capital market among others are fraud explained in the article 90 UUPM, market manipulation fraud explained in the article 91 and 92 UUPM, insider trading fraud explained in the article 95-99 UUPM dan miss leding information fraud explained in the article 80,81,93 UUPM. The way to handle capital market’s crimes according the PP 46 Years 1995 and UUPM are OJK made a team which consist of the duty of investigation, reporting, the given of administration sanction, and the further action by the prosecutor if there is any crime. All the sanctions that are given by Bapepam for every case that are happened in BEI likes the fraud case of PT Sarijaya Permana Sekuritas, market manipulation case of PT Dharma Samudra Fishing Industries Tbk, insider trading case of PT PGN, miss leading information case of PT Bank Lippo Tbk which is reviewed by the Law No.8 Years 1995 is very weak because the sanction terminates to the administrative sanction.

GUGATAN ACTIO PAULIANA UNTUK MENYELAMATKAN HARTA PAILIT DALAM KEPAILITAN Ramli Siregar; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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Each economic organization in any form or scale always requires the sufficient fund to enable the activities and development can be realized based on its planning. Actio Pauliana is facility provided by regulation to each creditor to submit cancelation of not required action that implemented in which the action cause the loss to the creditor in management of bankruptcy properties. The problem in this research is management of action pauliana according to Act No. 37 of 2004 concerning to the Bankruptcy and Postponement of liability for debt payment. The authority of commerce court in action pauliana claim is to save the bankrupt property in bankruptcy. The approach method applied in this research is normative juridical method, i.e. law research by focus to the library material or document that known as secondary data in addition to primary, secondary and tertiary law material. Based on the results of research indicates that Act No. 37 of 2004 regulate. The action pauliana from Article 30, 41 up to 50 that more comprehensive than the provision or term in Civil Code (KUHPerdata) or in previous Bankruptcy Regulation (S.1905-217 in connection with S. 1906-348). Article 41 of Act No. 37 of 2004 said that for the interest of the bankrupt properties, it can apply the cancelation on all of legal action of debtor in bankruptcy that may cause the loss to the creditor that conducted before the bankruptcy. The commerce court has authority to investigate and take judgment on action pauliana in the bankruptcy case. The Commerce Court ask the curator to assess the properties of debtor after the bankruptcy decision. The application of action pauliana is a continuation of bankruptcy decision in handle the property of bankrupt. Act of bankruptcy contain the special terms on other case from the bankrupt case that decided by the Commerce Court according to Article 300 paragraph (1) of Act No. 37 of 2004. The action pauliana claim is submitted to the Commerce Court to cancel the debtor action that cause the loss to the bankrupt properties. The commerce court ask the curator to access the bankrupt properties if debtor do any action that cause the loss to the bankrupt properties. Keywords: Actio Pauliana, Harta Pailit, Kepailitan.

ANALISIS YURIDIS PUTUSAN PAILIT TERHADAP PT.TELKOMSEL TBK Ramli Siregar; Windha Windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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At this time the problems of bankruptcy, especially regarding the bankruptcy of a company in this case is a company-owned enterprises in the form of a limited liability company (PT) gets the spotlight and public attention from legal experts, non-governmental organizations as well as from law enforcement officers. Assessment of the public if a large state-owned enterprises company stated bankrupt raises a question as to why and how a company could be declared bankrupt, but is a great company. The problem in this writing is about an award to be insolvent if viewed review of Act No. 37 of 2004 regarding bankruptcy and suspension of debt payment obligation the authority of the commercial court is in check and prosecute a case of bankruptcy, as well as concerning the application of the provisions of the law on bankruptcy and pkpu in the case of the award bankruptcy PT.Telkomsel Tbk. Research methods used to draw up this thesis by the normative legal research or referred also to the study of librarianship (library research). Data collection is carried out by the research based on primary and secondary legal materials. Data collection tools from books, articles, magazines and the internet, which is closely related to the intent and purpose of this thesis writing. The conclusion of writing is that of a fallacy in this sense the award bankrupt based on law on bankruptcy and PKPU if not understood in more clear, and differences between the supreme court verdict on the commercial court until could have an award bankrupt occurs not because of debt but because the fastest defaults authority of a court in a cause especially in matters of the award bankrupt sometimes done without any a autonomy or irrespective of both parties equally until sometimes inflict a uncertainty law.

KEDUDUKAN BENDA JAMINAN YANG DIBEBANI HAK TANGGUNGAN DAN EKSEKUSI BENDA JAMINAN DALAM HAL DEBITUR PAILIT Ramli Siregar; Windha windha
TRANSPARENCY Vol 3, No 2 (2014)
Publisher : Universitas Sumatera Utara

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When debtor is bankrupt, all of the properties of debtor are confiscated under the supervision of a Supervise Judge for the interest of creditor. The holder of guarantee right as separatist creditor can implement his right as determined in Article 1178 KUHPerdata (Civil Law) as there is not bankruptcy. But in its implementation, the execution of collateral with guarantee right when debtor is bankrupt always found any obstacles either technical or non technical obstacles. Therefore, this research aims to study how the execution of collateral when debtor is bankrupt. The problem formulation in this thesis is did the collateral can be with guarantee right, what a position of collateral with guarantee right when debtor is bankrupt and how the execution of collateral when debtor is bankrupt. The method and characteristic of study is an analysis descriptive i.e. a study that depict studied situation or event and than to analyze it based on facts such as secondary data from the primary law subject, secondary law subject and tertiary law subject. The approach method in this analysis is normative juridical by study and test the data related to the problems in execution of guarantee right. The data collecting method in this study is by literature study to collect the secondary data. The collateral can with guarantee right if the collateral is a right on land. The position of collateral with guarantee right when debtor is bankrupt is categorized as bankruptcy property. The execution of collateral when debtor is bankrupt is by title executorial and parate execution. The obstacles in the execution of collateral when debtor is bankrupt is the state auction office did not ready for the selling ob auction object of guarantee right without fiat from the Chairperson of District Court and there is debtor who has not a good will by submit a suit to the district court to expand the execution process.

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