Article Per Year (5 Year)
p-Index From 2019 - 2024
2.457
P-Index
This Author published in this journals
All Journal USU LAW JOURNAL
Bismar Nasution
Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

Published : 69 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 69 Documents
Search
Journal : USU LAW JOURNAL

 3   4   5   6   7 
KEDUDUKAN PELAKU TINDAK PIDANA PENCUCIAN UANG YANG DAPAT BERTINDAK SEBAGAI WHISTLEBLOWER & JUSTICE COLLABORATOR DALAM PROSES PENEGAKAN HUKUM Armia Pahmi; Bismar Nasution; Mahmud Mulyadi; Suhaidi Suhaidi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1033.209 KB)

Abstract

Abstract : The position of justice collaborator and whistleblower as a subject and witnes of money loundrey of course could help Law Enforcement Agencies to come criminal act that had relation to money loundrey. The problem of the study of this research were how the background of justice collaborator and whistleblower growed in Indonesia was, how the regulation of justice collaborator and whistleblower in Indonesia was and how the position of criminal act in money loundrey that could become as justice collaborator and whistleblower. The method of this research used Normatif Law Research which was pointed to the law norms that had in legislation and court judgement. The backround of justice collaborator and whistleblower in Indonesia was begund from whistle blower in England if there was a criminal. Meanwhile the regulation of justice collaborator and whistleblower could be seen in Supreme Court Circular Letter No. Year 2011 about whistleblower and justice colabolator in particular case. Constitution No. 13 year 2006 about victim and witness and changing namely Constitution No. 31 Year 2014. Whistleblower was a witness informant while justice colaborator was a witness and a person who did criminal in money loundrey. KeyWords : position of whistleblower; justice collabolator; and money laundry.
ANALISIS YURIDIS PENANGANAN PERKARA TINDAK PIDANA PENCUCIAN UANG OLEH KORPORASI (ANALISIS TERHADAP PERMA NO. 13 TAHUN 2016 TENTANG TATA CARA PENANGANAN PERKARA TINDAK PIDANA OLEH KORPORASI) Sahbana Pilihanta Surbakti; Bismar Nasution; Budiman Ginting; Madiasa Ablisar
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (994.899 KB)

Abstract

ABSTRACT The existence of rules of the Supreme Court (PERMA) No. 13 of 2016 On The handling of the matter a criminal offence by the Corporation (then known as Perma 13) was issued on the grounds that the Corporation as an entity or a legal subject its presence gives great contribution in enhancing economic growth and national development, but in reality the Corporation may also conduct various criminal acts (corporate crime) that carries the impact of losses against the State and society, that in fact the Corporation can be a place to hide the wealth of results the criminal act untouched legal proceedings in criminal liability (criminal liability). That many laws in Indonesia put the Corporation as the subject of a criminal offence may be subject to liability, but corporate law with the subject matter presented in criminal proceedings is still very limited, one of the reasons are the procedures and the procedures for inspection of the Corporation as the perpetrator of the crime is still unclear, it is therefore deemed necessary the presence of a guide for law enforcement officers in the handling of criminal cases committed by the Corporation. As for that being that became an issue in the formulation of the research is How the settings of the crime in the field of money laundering based on law No. 8 of 2010 About money laundering. This form of accountability for perpetrators of Crime money laundering according to law No. 8 of 2010 after the promulgation of the Perma No.13 of 2016 On The handling of the matter a criminal offence By the Corporation. Supreme Court rule number 13 of 2016 and use the approximation of legislation (the statute approach) of Act No. 8 of 2010 About money laundering. When examined related Arrangements in the field of money laundering crime under law No. 8 of 2010 Concerning the prevention and eradication of the crime of money laundering is arranged starting from article 3 up to article 9 of law No. 8 of 2010 on prevention and The Eradication Of Criminal Acts Of Money Laundering. PP TPPU article 6 of the ACT clearly states that a requirement can be dipidananya a corporation based on the crime of money laundering as referred to in article 3, article 4 and article 5, performed by the Corporation. takeover of the Corporation by the State of criminal with a replacement with the seizure of assets.   Keywords: Corporate, criminal act of money laundering, the Supreme Court Rules.
KEDUDUKAN HAK MENDAHULU TAGIHAN PAJAK PADA PROSES KEPAILITAN (STUDI PUTUSAN-PUTUSAN PENGADILAN NIAGA) Sheila Miranda Hasibuan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (927.59 KB)

Abstract

ABSTRACT The main state revenue is through the tax sector. The issue of corporate bankruptcy which is an economic phenomenon that cannot be avoided in the business world. One of the effects of bankruptcy is the reduced state revenue from payment of corporate taxes. One important factor in the division of bankrupt assets is the position of creditors and the position of the state's right to payment of tax debts in the debtor's bankruptcy process. Another problem that might arise is that it turns out that the assets owned by the bankrupt debtor are insufficient to be used as repayment of the debts of the creditors. The portion of debt tax payable in some cases can exceed the proceeds of the sale of bankrupt assets, so that if all are prioritized to pay off the tax debt, the other creditors are threatened not to get anything from the proceeds of the sale of bankrupt assets. The problems discussed in this thesis are concerning the prior position of rights in the laws and regulations related to bankruptcy, collection of tax debts against taxpayers declared bankrupt and regarding the application of preceding rights to tax debts to taxpayers declared bankrupt based on court decisions. The research method used is normative juridical descriptive nature. This research focuses on library research and is based on secondary data, and analyzed using qualitative analysis methods. The research conducted shows the results that the laws and regulations governing the prior rights of creditors to debtor debts are insolvent spread in many laws, which causes legal uncertainty. This situation resulted in the position of the creditors becoming vague and uncertain. Furthermore, regarding taxpayers declared bankrupt, either the person or entity assigned to do the settlement is prohibited from distributing the assets of the taxpayer in bankruptcy, before using the asset to pay the tax debt of the taxpayer concerned. The application of prior rights over tax debts to taxpayers declared bankrupt based on court decisions has multiple interpretations, on the one hand recognizing the position of the state as the prior owner of the rights, but in other decisions the position of rights before the state is ruled out. Keywords: Priority Rights, Bankruptcy, Tax Bills
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENCUCIAN UANG PADA ASURANSI (STUDI PUTUSAN No.740/PID.SUS/2014/PT.MDN) Aulia Annisa; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 1 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (782.827 KB)

Abstract

ABSTRACT The perpetrators of the crime of money laundering in insurance companies using mode-advanced mode so difficult are examined. Money laundering is a criminal offence that are attributable with other criminal acts. Origin of the crime (predicate crime) in accordance with article two (2) paragraph one (1) Law No. 8 year 2010. After he had done the crime perpetrator then origin such criminal conduct placement (placement) for the criminal offence of money results not known that result from criminal acts. The perpetrators of the obscure origin of these funds by placing in the insurance company up to with a specific time limit. The perpetrator put money into the insurance company and take the results of the Fund. The money like they not halal money of any crime. This is where the perpetrators of money laundering was very interested to do money laundering from insurance. Defendant Maria Rina Chrsissanty Sinaga has earned or gained control of placement, transferring, payments, grants, donations, day care, or to use the Treasures that he knew or should she bargained for was the result of a criminal act counterfeiting and forgery of the transfer to the account of such customer without the knowledge of its customers to conceal and disguise the proceeds of criminal acts. The process of proof in the criminal offence of money laundering through the insurance in the case of Maria Rina Chrissanty Sinaga using theories based on positive law because the system is adhered to the teaching that is based on whether or not the defendant is guilty there lack of valid evidence tools according to laws that can be used to prove the fault of the defendant. Judges here see anything presented by prosecutors with the tools themselves and then drop the verdict in accordance with kajahatan the accused. In its ruling No. 740/PID. SUS/2014/PT. MDN defendant in the snare of article 3 of law No. 8 Year imprisonment punishment 2010 with 2 (two) year 6 (six) months and a fine of Rp. 100.000.000 (one hundred million rupiah) if the fine is not paid then replaced with sentence 1 (one) months imprisonment. Keywords: Crime, Money Laundering, Insurance
Perjanjian Kredit Sumut Sejahtera PT. Bank Sumut Dalam Kaitannya Dengan Penyelesaian Kredit Bermasalah Adi Saputra; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (636.947 KB)

Abstract

Abstract. Micro, small and medium enterprises have so far shown their strategic role especially in expanding employment opportunities, increasing community income and economic growth in Indonesia including maintaining and recovering the economy during the critical condition. One of the difficulties experienced by the micro entrepreneurs in exanding their business is the limited cap[ital due to the difficulty of accessing the working capital provided by the banks because of the absence of collateral. It is stated in  Article 3 and Article 6 of Law No.10/1998 on Banking that the main function of Indonesian banking is to raise and distribute public funds, and one of the bank businesses is to extend credit. In relation to this matter, to help develop the micro business without collaterals, Bank Sumut lunched a product called Kredit Sumut Sejahtera, a credit extended to the Kelompok Keuangan Mikro (Micro Financial Group= MFG) with 20 (twenty) till 30 (thirty) members through banking education in the form of guidance, training and consultation on the compulsory weekly meetings. This MFG applies the system of Grameen Bank popularized by Muhammad Yunus in Bangladesh. This credit extension is only to fund the micro working capital especially to empower the financially disadvantaged women. Although, up to now, there is no special regulation from Bank Indonesia on the technical implementation of credit extension through the Grameen Bank system, the bank can extend the credit through this Grameen Bank system based on Law No.10/1998 on the Amendment of Law No.7/1992 on Banking, Law No.20/2008 on Micro, Small and Medium Enterprises, the Regulation of Bank Indonesia No. 14/22/PBI/2012 on Credit Extension, or the Financing by Commercial Banks and Technical Assistance for the Development of Micro, Small and Medium Enterprises. During this credit extension activity, the incident of non-performing loan is unavoidable but it can be minimized. If this Kredit Sumut Sejahtera is not performing well due to the factors raised by the debtors, the strength of joint-liability groups is one of the effective efforts to settle the problem, and the bank can debit the debtors’ savings to pay their debt or file an application to the court in order to confiscate all of debtors’ assets for the repayment of their debt under section 1131 of the Indonesian Civil Codes. The incident of the non-performing loan can be avoided through the in-depth analysis done to the debtor before the credit is extended, doing strict monitoring system in credit extension, and making a clause in the credit agreement that can protect the bank.   Keywords: Credit Agreement, Non-Collateral Credit for Micro Business, Non-Performing Loan Settlement
Pengawasan dan Penindakan Sebagai Upaya Perlindungan Hukum Terhadap Dana Masyarakat yang Disimpan Di Lembaga Koperasi Simpan Pinjam (KSP) Kamaluddin Pane; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (849.045 KB)

Abstract

Abstract. The activities of the Saving Loan Cooperative (KSP) into a special phenomenon for the past two years, the cause is a loss of Community Fund are fantastic.This is becoming a lot of questions of the extent of secuirity and a protection of Community funds that are deposited in the Institution the cooperative store, on this issue ultimately had to be returned to the proportion of the legislation and regulations, containing the entire activities of the Saving Loan Cooperative (KSP) as part of one of the forms of community economy activities which many popular varieties. As for the related legislation implementation activities KSP is Act Number 25 Of 1992 about cooperation, Act number 1 of 2013 About microfinance institutions, and regulation of the financial services authority (POJK) and ministerial regulation Cooperatives And Small And Medium Enterprises (KUKM).  The method used in this research is the juridical normative or legal research methods, that is a method by means of data collection based on the study of librarianship (library research) that is by way of examining data in the form of rules and Legislation, and the data that is retrieved by accessing the internet related to this research. The study was done with that data, so it can be compare to unknown picture of efforts to answer to the problems of the legal protection of the community's funds deposited in the Cooperative Institutions. Based on Act Number 25 year 1992 About Cooperative then convened a Community Fund activities by Cooperative Loan (KSP) is done to a limited extent. But the fact is, a lot of problematic cooperative of loan have done activities gather funds widely. In addition, according to the law number 1 Year 2013 about microfinance institutions, then should all activities KSP compulsory license, the construction and supervision of the financial services authority (OJK). And that became a problem as long as it is stored in Community Fund Cooperative Institutions (KSP) do not have a guarantor of Deposits. Keywords: legal protection, Cooperative Loan, the financial services authority, the institution of Micro finance
Homologasi Penundaan Kewajiban Pembayaran Utang (PKPU) Sebagai Upaya Preventif Terjadinya Pailit : Studi Putusan Mahkamah Agung No.137K/Pdt.Sus-PKPU/2014 Maranatha Purba; Sunarmi Sunarmi; Bismar Nasution; Keizerina Devi
USU LAW JOURNAL Vol 7, No 2 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (719.98 KB)

Abstract

Abstract. Homologation is the endorsement by the judge of the peace agreement between the debtor by the creditor to end the bankruptcy. Peace (akkoord) in phases this phase is PKPU is most important, because in the debtor will offer peace plan peace were to creditors. The possible existence of peace in the restructuring of debts the debtor. If peace is approved by the creditors, then the PKPU by-law will end. Peace is one of legal efforts to resist he did bankruptcy against the debtor. Peace in the process of bankruptcy is often referred to with the term "accord" (Netherlands) or in the language of the United Kingdom referred to by the term "Composition". Talking about peace in bankruptcy do not only exist in the bankruptcy process, but there are also in the process of debt payment suspension (PKPU). Peace is one of the ways to end the bankruptcy. Peace can be used as a tool to force it does because of the debt restructuring outside of bankruptcy. the lender (concurrent) cannot be forced to agree to peace. peace is defined as an agreement between the debtor and the kreditornya where the claims of the creditors agreed to partially or completely paid. Supreme Court justices in the disconnect of case No. 137 K/Pdt. Sus-PKPU/2014 is just right. The parties in this ruling, namely Julia Tjandra and Jerry Farolan as creditors and PT Djakarta Lloyd has obtained legal certainty, namely repayment bills have got a fixed legal power, got a guarantee so that the debtor does not cheat and benefit for the debtor is still given a chance to manage again and his effort to prevent the debtor from possible mass execution by kreditor-kreditornya in order for the continuity of the business. Keywords: Homologation, PKPU, Bankruptcy
Peran dan Fungsi Otoritas Jasa Keuangan Dalam Melindungi Konsumen Melalui Penyelidikan dan Penyidikan Tindak Pidana Perbankan : Studi Kasus Bank Perkreditan Rakyat Nusa Galang Makmur, Deli Serdang Teuku Fathir Mustafa; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.979 KB)

Abstract

Abstract. In carrying out its duties and authorities based on independence and free from the intervention of any party, one of the tasks of the OJK is "Investigation" which is one of the OJK supervisory duties as referred to in Article 9 letter c of Law No. 21 of 2011 concerning the Financial Services Authority. If the occurrence of a criminal offense in the banking sector is carried out by an insider, there are several laws that are usually applied, namely: The Criminal Code, for example: Counterfeiting, Darkening, Emphasis in Position, Deception, and Theft, etc Law No. 31 of 1999 concerning Eradication of Corruption Crime as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crime; and Law No. 7 of 1992 concerning Banking as amended by Law No. 10 of 1998 concerning Amendment to Law No. 7 of 1992 concerning Banking. The Financial Services Authority is expected to be able to realize a financial system that grows sustainably and stably and is able to protect the interests of consumers and society. Article 29 paragraph (1) Law No. 8 of 1999 concerning Consumer Protection, that the government is responsible for fostering the implementation of consumer protection which guarantees the rights of consumers and business actors and the obligations of consumers and business actors. The case of banking crime that was raised in this study is the allegation of "Banking Crimes at PT. BPR Nusa Galang Makmur, Deli Serdang North Sumatra ", which was allegedly carried out by the Managing Director of PT. BPR Nusa Galang Makmur. The President Director intentionally provided credit facilities to 34 debtors of Rp. 3,210,000,000, - which deviates from the banking provisions.   Keywords       :     financial services authority, consumer protection, banking crimes.
Upaya Hukum Pasien Terhadap Tindakan Medis Yang Didasarkan Pada Persetujuan Medis Binsar Parulian Sitanggang; Bismar Nasution; Muhammad Ekaputra; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 3 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (754.684 KB)

Abstract

Abstract. Approval of medical treatment carried out by the patient or the immediate family of the patient with the doctor can be held accountable in a civil or criminal manner. Therefore, it is necessary to examine the civil liability of medical personnel for medical treatment based on the approval of medical measures. criminal liability of medical personnel for medical action based on approval of medical action and patient's legal remedies for losses resulting from medical actions based on approval of medical action.   Keywords: doctor, patient and medical action approval
Prinsip Keterbukaan Beneficial Owner (BO) Perusahaan Terbuka Terhadap Upaya Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang (TPPU) Leonard Pandapotan Sinaga; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (867.533 KB)

Abstract

Abstract. Beneficial owner is every party entitled to and/or receives certain benefits related to the customer's account, is the true owner of funds and / or securities placed on the financial service provider (ultimately own account), controlling customer transactions, providing power to conduct transactions, control corporations or other agreements (legal arrangements), and/or constitute the final controller of transactions made through legal entities or based on an agreement. In common law, ownership terminology is divided into two, namely legal ownership and factual ownership (beneficial ownership), someone who is legally as a legal owner but substantially the owner of the property is someone else because the property doesn't belong to them. Thus, a person who has legal assets is not necessarily the real owner of assets and the actual recipient of the income from the property (the beneficial owner of income). This research is a normative and analytical descriptive research that describes and analyzes the disclosure principle of a beneficial owner (BO) of an open company to prevent and eradicate money laundering crime (TPPU). The results of this study show that the disclosure of a beneficial owner of a public company through financial service providers in the capital market sector may prevent the possibility of being used as a place for perpetrators of money laundering, this is due to the application of the principle of recognizing customers and single investor identification in each transaction. The transparency of beneficial owner from an open company shareholding through the stock exchange to a fund, will narrow the space for the perpetrators of money laundering to hide, save large funds that are allegedly sourced from the proceeds of crime or illegal, so the beneficial owner openness principle could provide preventive measures to perpetrators of money laundering and facilitate law enforcement in eradicating money laundering. Keywords: beneficial owner, public company, money laundering
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