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Bismar Nasution
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PERPAJAKAN MELALUI PENERAPAN UNDANG-UNDANG NOMOR 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG Suranta Ramses Tarigan; Syafruddin Kalo; Bismar Nasution; Sunarmi Sunarmi
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT Tax is the biggest revenue resources for a country. Tax criminal act results in inflicting loss to the country itself. Law on tax has been amended for three times until the enactment of Law No.28/2007 as the Third Amendment of Law No.6/1983 on General Provision and Taxation Procedures. The other law that can be applied as the form of seriousness in preventing and eradicating tax crimes is through the application of Law No.8/2010 on Money Laundering Perevention and Eradication as the policy of government to prevent and eradicate the criminals especially the tax criminals that they cannot practice money launderinh anymore. Keywords: Tax Criminal Act,  Money Laundering Criminal Act
PRINSIP KETERBUKAAN SEBAGAI PERLINDUNGAN INVESTOR DALAM TRANSAKSI LUAR BURSA (OVER THE COUNTER) SEBAGAI TRANSAKSI DALAM PASAR MODAL INDONESIA Meisy Kartika Putri Sianturi; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Bapepam Rule Number: III.A.10 on securities transactions issued in 1997, among other terms governing the transaction outside the stock exchange, the inter-company transactions between the company's securities or securities with other parties that are not regulated by the stock exchange, and transactions between persons who are not corporate securities. This study aims at finding out 1). How arrangements and transactions practice OTC (over the counter) in the Indonesian capital market 2). How does the principle of openness as an investor in a transaction protection OTC (over the counter) in the Indonesian capital market 3). What forms of fraud that occurred in the transaction counter (over the counter) and the urgency of forming regulations that accommodate OTC transactions investor protection. It was found out that 1). Bapepam Regulation No.III. No.A. 10 of the Securities Transaction no offensive presence OTC transactions (over the counter) but not a complete set of the transactions OTC (over the counter). 2). This could lead to legal uncertainty in practice-counter transactions (over the counter) and less protection for investors who transact OTC (over the counter). Unlike the practice of OTC transactions in foreign countries such as the United States, Hong Kong and Singapore where the transaction OTC (over the counter) specifically stipulated in a separate regulation. The absence of special arrangements for OTC transactions (over the counter) in the Indonesian capital market led to the lack of transparency as a principle of regulation in particular the protection of investors in the transaction OTC (over the counter). 3). Instances of corruption that occurred in transactions outside the stock exchange is the inaccurate information that issuers of securities companies more concerned with function brokerage fee without losing the security aspect, which is often distorted information data and value securities issuers. Keywords: Transactions, Over the Counter, Disclosure Principles, Investor Protection, Indonesian Capital Market
ANALISIS YURIDIS PELEPASAN AREAL HAK GUNA USAHA PT.PERKEBUNAN NUSANTARA II (PTPN II) KEPADA PT.KAWASAN INDUSTRI MEDAN (PT.KIM) Lamtiur Imelda P Nababan; Syafruddin Kalo; Bismar Nasution; Dedi Harianto
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The legal status the Management Rights No. 1, 2, and 3 has been owned by PT KIM (Persero) because there is no revocation of the Management Rights Certificate by the National Land Board, and there is no Court’s verdict which states that the Management Rights No. 1, 2, and 3 are revoked or no legal enforcement. The renunciation of the Leasehold Land Area No. 10 has been in accordance with the Decree of the Minister of Finance No. 89/KMK.013/1991 on the Guidance for Transfer of Ownership of fixed assets of State Owned Enterprises. Besides that, the renunciation of the leasehold land area is not in the status of dispute because the Leasehold Certificate No. 10 has been issued 5 (five) years and 3 (three) months, but Tugimin and associates do not file a complaint in the written form to the holder of the certificate and to the Head of the Land Office or do not file a complaint to he Court about the possession of land and about the issuance of Leasehold Certificate No. 10 on June 19, 1994. Therefore, based on Article 32, paragraph 3 of the Government Regulation No. 24/1997 on Land Registration, Tugimin and associates cannot file any complaint, and the resolution of dispute on the crop land in the leasehold land area of PTPN II, which has been renounced to PT KIM was done through mediation. Keywords: Judicial Analysis on the Renunciation of Leasehold Land Area of PTPN II to PT KIM
ANALISIS HUKUM TERHADAP INVESTOR INSTITUSIONAL SEBAGAI SALAH SATU PENENTU FAKTA MATERIL DALAM PRINSIP KETERBUKAAN DI PASAR MODAL Efendi Tambunan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 2 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Capital market  is one part of the financial market, that are important for national development in general , especially for the development of the business as an alternative source of external financing by company. The stock market will always have ups and downs , as indicated by the signs of bullish or bearish , which is influenced by  information or material facts. There are three principles that must be adhered to in the capital market , namely disclosure ( transparency ) , fairness ( honesty ) , investors protection. The results of the study led to the conclusion that material information under the Capital Market Law  are, first, information or  relevant facts regarding the events.  Second , the fact that can affect the price of securities  and or decisions of investors. Other conclusion is information about the entry of institutional investors to trade in the stock market is a material fact , because it can affect the price (which is reflected in the rise and fall of Composite Index) , and also affects other investors to trade . Key words : Investor Institutional , Material Fact, Principle of  Transparency
MONEY LAUNDERING WITH DRUGS PREDICATE CRIME STUDY OF COURT DECISION NO. 1243/PID.B/2012/PN.MDN. DATED 08 OCTOBER 2012 Astri Heiza Mellisa; Bismar Nasution; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Criminal sanction contained in Article 137 paragraph b. Act No. 35 of 2009 on Narcotics and Article 3 Jo. Article 2 (1) c. Act No. 8 of 2010 on the Eradiction and Prevention of Money Laundering, especially regarding imprisonment there are differences regarding liability, there is a lighter sentences in Article 137 paragraph b. Act No. 35 of 2009 that is at least 3 year and maximum 10 years in prison, while Article 3 Jo. Article 2 (1) of Act No. 8 of 2010, the criminal prison at most 20 years. Similarly, the sanctions imposed penalties, the Narcotics Act least Rp. 500.000.000,- (Five Hundred Million Rupiahs) and at most Rp. 5.000.000.000,- (Five Billion Rupiahs), while in the Anti Money Laundering Act a fine of Rp. 10.000.000.000,- (Ten Billion Rupiahs). On the one side, the Narcotics Act and Anti Money Laundering Act serves to combat criminal narcotics, but, on the other side, the Narcotics Act and Anti Money Laundering Act can use to lighter legal provisions to prosecute offenders. The problems that stand out in this study is how the reasoning of judges at first instance and appeal against money laundering predicate offenses with a crime associated with the narcotics Court Decision No. 1243/Pid.B/2o12/PN.Mdn., dated October 8th, 2012 that criminalized by Article 137 paragraph b. Act No. 35 of 2009, when according to the fact that unfold before trial, the accused can be punished with the provisions of Article 3 Jo. Article 2 (1) c. Act No. 8 of 2010. After doing some research, the conclusion found that the more specific provisions of law applicable when the legislators did intend to enforce the criminal provisions as a condition of a special nature. Associated with the court’s rulling, the judge has the right and correct in applying the law as lex specialis principle requires that law enforcement systematic use of more specific rules, such as Act No. 35 of 2009 about Narcotics.
ANALISIS PERMOHONAN PAILIT TERHADAP PERSEROAN TERBATAS OLEH TENAGA KERJA (STUDI PUTUSAN PENGADILAN DALAM PERKARA ANTARA ROHANI,DKK MELAWAN PT. INDAH PONTJAN) Manambus Pasaribu; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 2, No 3 (2014)
Publisher : Universitas Sumatera Utara

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ABSTRACT The result of this research show that Legally binding verdict of  Industrial Dispute Settlement Court penalized employers to pay workers' basic rights / labor is debt in a broad sense. Legally binding verdict of  Industrial Dispute Settlement Court but remains unimplemented can be submitted as the basis of request for bankruptcy and it  is not a premature request as well as does not violate nebis in idem. Legal consideration of judges was appropriate based on the legal facts, definition of debt, the maturity of debt, the presence of two or more creditors and the implementation of simple evidentiary principle. Meanwhile, Supreme Court both in Cassation and the Reconsideration did not refer to the definition of debt in a broader sense, the debt has matured, the presence of two or more creditors and implementation of a simple evidence. Judges of the Supreme Court both in Cassation and Reconsideration was very subjective, tends to formality matters, as well as was not substantive  in making of verdict.
PERLINDUNGAN HUKUM TERHADAP NASABAH ATAS PERBUATAN PIALANG SAHAM YANG TIDAK BERITIKAD BAIK Amrizal Fahmy Fahmy; Bismar Nasution; Keizerina Devi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Legal liability to investors in the stock brokerage stock market is a relationship that is based on contractual relationships. There are responsibilities that must be carried by such broker to sell or buy action based on orders from investors. It is primarily a stockbroker more passive than active in its responsibilities to investors. However, there are actions that can be activated if there is a stock broker it really needed investors. The forms of action were not acting in good faith from a stock broker to the investor is informed not act properly on certain information effects, not informed and deliberate disregard of the use of investor funds were made ​​without the knowledge of investors stockbroker. Given legal protection Law Number  8 of 1995 on Capital Markets and Regulation Number  01 / POJK / 2013 concerning Consumer Protection Financial Services Sector is a legal protection in the form of preventive and repressive.
PELAKSANAANEKSEKUSIPUTUSAN PENGADILANDALAMPERKARA PERDATA TERHADAP ASET BUMN Charles Silalahi; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 1 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   State Owned Enterprises (SOE) is a business entity wholly or largely owned by the state capital through direct investments from sovereign wealth pengaturanya separated and regulated in Law No. 19 Year 2003 on SOEs and the Law No. 40 Year 2007 About the Company Limited. But there are many cases of failure by not executed a civil suit over the object of wealth owned by the Court was interpreting SOE’s property is state property that is subject to the law of the State Treasury. Regulation of Wealth Owned Enterprises as a form of wealth separated state regulated in Law Number 19 Year 2003 regarding SOEs and Law No. 40 of 2007 on Limited Liability Companies. Wealth Enterprises is the object Civil Lawsuit Case. When the state capital in the form of shares included in the Persero of wealth separated state, for the sake of intellectual property law becomes Persero. No longer the nation's wealth. This is based on Article 1 (1) and figure (2) jis Article 1 (10) and Article 4 paragraph (1) of state-owned enterprises, as well as Article 1 (1) in conjunction with Article 7, paragraph (7) letter a of Law PT also principles of law 'separate legal entity', wealth separated state and are included as capital assets Persero Persero. Consequently all the wealth obtained either through the inclusion of the country as well as those derived from business activities Persero, by law, a wealth Persero itself. Analysis of the Supreme Court delayed the execution of the provisions referring to Law. 1 of 2004 on State Treasury, Article 1 number 10, 11 and 50 then there is a conflict of laws (antinomie) the rule of law. This is an issue that the Supreme Court ruling execution can not be carried out above. To complete the 'antinomie' rule of law courts should use a "preference principle of law ', namely: (1) Lex superiority derogat legi inferiori (legislation higher higher level defeating legislation below), (2) Lex posteriori derogat legi priori (new legislation which beat the old legislation), and (3) Lex derogat legi generali specialist (special legislation defeated general legislation). There are several related attitudes 'antinomie', namely: (1) denial (disavowal), (2) reinterpretation, (3) revocation (invalidation), and (4) recovery (remedy).   Key Words: Execution, Civil Case, SOE Assets
KENCENDERUNGAN PUTUSAN-PUTUSAN HAKIM PENGADILAN TERHADAP PENCANTUMAN KLAUSULA EKSONERASI DALAM PERJANJIAN Cherdina Efenti; Runtung Runtung; Bismar Nasution; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The scope of the prohibition to attach exoneration clause in a standard agreement is not found in the Civil Code; it is found in Article 18, paragraph 1 of UUPK. The attachment of exoneration clause is contrary to the sense of righteousness if it is viewed from distributive fairness theory and to the principles of adequacy, harmony, fairness, and naturalness although it is in line with commutative righteousness theory. The inclination of seven judges’ verdicts does not directly consider exoneration clause but tends to see the validity of the contract according to Article 1320 of the Civil Code and Article 1338 of the Civil Code.It is recommended that Article 18, paragraph 1 of UUPK should be confirmed as exoneration clause or exoneration clause in its explanation. Besides that, the panel of judges should not be too rigid in interpreting righteousness and the principle of consensus; they should be open widely to interpret law from concrete occurrence, concerning the validity of a contract according to Article 1339 of the Civil Code. Keywords    :    Inclination, Judges’ Verdicts, Standard Clause, Exoneration Clause, Agreement
ESKALASI DAN FORCE MAJEUR DALAM PERUNDANG - UNDANGAN JASA KONSTRUKSI Herman Brahmana; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT Escalation is a legal instrument for the contractor to submit a price adjustment in terms of increasing the cost of implementing the value of the work to the value of the work at the time the contract was agreed to form a multi-year contract unit price. In its application the government through a joint decision of the Minister of Finance and the Minister of Public Works in 2008 and in 2013, imposes an escalation of all the projects that will be or are in the stages of processing due to rising prices of raw materials kontsruksi as the impact of rising fuel. Legislation construction services do not define the limits and the escalation of force majeure. Restrictions state is necessary as a handle to gain a complete understanding of the escalation and force majeure. From these results it can be seen escalation may be filed if the service providers comply with the limits that state, the rising cost of execution of work, increasing the cost of implementing such work can not be predicted by the service provider when the contract was agreed, bound service providers complete the work, and service providers are able to complete work, while the force majeure may be submitted by service providers if they meet the restrictions that state, the incident involuntary service providers, events beyond the ability of service providers to complete the work, due to the events that led to losses for service users. Keywords: escalation, force majeure, construction services.
Co-Authors Adi Saputra Agnest Elga Margareth Aloysius Supriyadi Alvi Syahrin Amanda Serena Amrizal Fahmy Fahmy Andreas Iriando Napitupulu Antonius Leonard Tarigan Arief Rezana Dislan Armansyah Siregar Armia Pahmi Astri Heiza Mellisa Aulia Annisa Binsar Parulian Sitanggang Budiman Ginting Chairiyah Ella Sari Siregar Chandra Purnama Charles Silalahi Cherdina Efenti Dede Aquari Irawan Surbakti Dedi Harianto Delfani Febryana Lubis Diah Ayu Oktriningsih Ebenezer Simanullang Edi Yunara Efendi Tambunan Eri Lukmanul Hakim Pulungan Eric Tanaka Faisal Akbar Nasution Frans Affandhi Frima A Sitanggang Gary Hadi Hasballah Thaib Hasim Purba Purba Herbert Rumanang Herman Brahmana Ilham Rohjadina Immanuel Simanjuntak Indra Sakti Irwan Charles Sitompul John Bert Christian Julia Agnetha Br. Barus Julisman Julisman Juna Karo-Karo Jusak Tarigan Kamaluddin Pane Keizerina Devi Lamtiur Imelda P Nababan Leonard Pandapotan Sinaga Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Malto S. Datuan Manambus Pasaribu Maranatha Purba Marlina Marlina Meisy Kartika Putri Sianturi Mirza Erwinsyah Muhammad Ekaputra Muhammad Firdaus Muhammad Hamdan Muhammad Haris Muhammad Hendra Razak Muhammad Junaidi Muhammad Yamin O.K Saidin Oki Yudhatama PURNAMA HIDAYAT Putri Nesia Dahlius Risna Oktaviyanti Utami Runtung Runtung Sahbana Pilihanta Surbakti Sanwani Nasution Sari Rezeki Indra Saryo Saryo Selatieli Zendrato Sheila Miranda Hasibuan Simon Simon Sugeng Riyadi Suhaidi Suhaidi Sunarmi, Sunarmi Suranta Ramses Tarigan Syafruddin Kalo Syafruddin Sulung Hasibuan Taufik Hidayat Lubis Teuku Fathir Mustafa Utari Maharany Barus Utary Maharani Barus Widodo Ramadhana Wina Wina Yessi Serena Rangkuti Yona Lamerossa Ketaren