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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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ANALISIS YURIDIS PENANGGULANGAN TINDAK PIDANA PENIPUAN DI BIDANG PASAR MODAL MELALUI PENDEKATAN SISTEM PERADILAN PIDANA (CRIMINAL JUSTICE SYSTEM) Aloysius Supriyadi; Bismar Nasution; Sunarmi Sunarmi; Syafruddin Sulung Hasibuan
USU LAW JOURNAL Vol 3, No 2 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT The category of criminal act in capital market is divided into two types: crime and transgression. Fraud in capital market is a crime. This category is different from the other criminal acts because it has its specific characteristics. It is specifically misleading information, viewed from the activity of capital market which is related to tender and stock exchange, stock companies, and institutions and professions which deal with stock market. Fraud in capital market is done by using information or falsified condition so that it will harm a party without having the effect on the manipulated market. Regulation on fraud on material fact in the activity in the stock exchange can be seen in Article 90 of UUPM (Law on Capital Market). Criminal Justice System is used in proactive manner when there is an indication of violation against law on capital market by verifying and/or investigating, based on the report or complaint from capital marketers. Keywords: Fraud in Capital Market, Criminal Justice System
STATUS HUKUM KEBERADAAN ASET BEKAS MILIK ASING/TIONGHOA (ABMA/T) DI PROVINSI SUMATERA UTARA Jusak Tarigan; Bismar Nasution; Faisal Akbar Nasution; Mahmul Siregar
USU LAW JOURNAL Vol 3, No 3 (2015)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Legal provisions regulate the management of the State assets in Articles 23, 23A, 23B, 23C, and 23D of the 1945 Constitution which includes APBN (State Budget), Tax, and other Revenues. Law No. 17/2003 and Law No. 1/2004 which regulate State finance that includes all right and obligation of the State can be valued by money, including all kinds of money and goods, including all goods bought or obtained by APBN/D or come from other legal sources. The legal status of ABMA/T owned by individuals (third party) and the certificate has been obtained from BPN do not guarantee that it is absolute although land registration is intended to guarantee legal certainty. In this case, the principles of negative, recent, and formal and material truth are used. The obstacles found by the team are as follows: assets are not found, the third party has obtained certificate from BPN, difference in area, shift in function, the team is not professional, lack of proactive, asset is in remote place, claim from the third party, and the problem with compensation. Keywords: Developing Legal Status, ABMA/T, Assistance Team, State Assets/ State Financial, DJKN Sumut
ANALISIS HUKUM PENGGABUNGAN PERKARA KORUPSI DAN MONEY LAUNDERING DALAM SISTEM PERADILAN DI INDONESIA Chandra Purnama; Bismar Nasution; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   In Indonesia has been increasingly widespread practice of corruption and even to all aspects of life, both at central and local levels. Corruption is referred to as a crime against humanity because it has resulted in poverty and misery of the people. Corruption practices often followed by the Money Laundering Practice, money laundering practices today are very often carried out on the money earned from the evil of corruption. Corruption with Money Laundering has a relationship or association which is very fundamental. It can clearly be seen in article 2, paragraph 1 of Law - Law No. 8 of 2010 on the prevention and eradication of money laundering. In the Act itself known with a term called "predicate offenses" (predicate crime). The results showed that the effective way to make the process of proving the corruption as predicate money laundering Crime Crime is by incorporating (concursus) an indictment, because in addition to looking for financial losses caused by the state Anti-Corruption, Public Prosecutor should also be able to prove that assets - assets and property owned by the defendant obtained by using the proceeds of the Corruption, which is done in various ways which are elements of the Crime of money Laundering, it is intended to provide a more deterrent effect to the defendant. Keywords : Corruption, Money Laundering, Concursus
BUSINESS JUDGEMENT RULE DIKAITKAN DENGAN TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH DIREKSI BADAN USAHA MILIK NEGARA TERHADAP KEPUTUSAN BISNIS YANG DIAMBIL Frans Affandhi; Bismar Nasution; Mahmul Siregar; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT When the SOE Board of Directors took the decision to run the company with the aim of seeking a profit, then the decision that will contain the business implications and legal implications. If it turns out, the decision was made a loss-making state enterprises fail or raised, then the SOE Board of Directors should not be prosecuted by the Anti-Corruption Act. This is because in the business world there are rules Business Judgment Rule (BJR) which regulates the sanctions to the Board of Directors. Such liability can not be sought from the Board of Directors of SOEs if: 1) The loss is not due to error or negligence; 2) It has been doing the maintenance of good faith and prudence for the benefit and in accordance with the purposes and objectives of the company; 3) There is a conflict of interest, either directly or indirectly, for the management of the resulting losses; and 4) have taken action to prevent and arising or continuing losses. Keywords : Business Judgment Rule; Directors of State Own Enterprise; Decision Maker
ANALISIS HUKUM TERHADAP KEBIJAKAN CORPORATE SOCIAL RESPONSIBILITY (CSR) PADA PT. BANK SUMUT Putri Nesia Dahlius; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corporate Social Responsibility (CSR) is a commitment of a company to participate in the suistainable economic development in order to increase the quality of life and useful environment for the company itself, for the local community, and for the people as a whole. The concept of implementing CSR in Indonesia is regulated under Law No. 40/2007 on Corporation, Law No. 25/2007 on Capital Investment, Law No. 19/2003 on BUMN, Law No. 4/2009 on Mining, Mineral, and Coal, PP (Government Regulation) No. 47/2012 on Social and Environmental Responsibility on Corporation, the Decree of the Supreme Court No. 53/PUU-XI/2008 on Constitutional Advisory of Audit Norm, under Article 74 of Law on Corporation. The result of the research showed that the implementation of CSR in Indonesia is legally obligatory, especially for a corporation, so that it is budgeted as the corporation’s expense. The policy of PT. Bank Sumut in implementing its CSR referred to Law No. 40/2007 on Corporation, PP No. 47.2012, the Decree of RUPS, and the Decree of the Director No. 240/Dir/Setdir/SK/2013 on the Operational Standard Procedure of CSR, in which Bank Sumut used CSR management with partnership pattern by collaborating with the local governmen that determined CSR planning and implementation. Key words : Corporate Social Responsibility (CSR), Law of CSR, Bank Sumut
ANALISIS HUKUM TERHADAP PERLINDUNGAN HUKUM BAGI INVESTOR DARI PRAKTEK WINDOWS DRESSING OLEH EMITEN DI PASAR MODAL Julia Agnetha Br. Barus; Bismar Nasution; Budiman Ginting; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Information disclosure is an important element for the corporate world because information on the substance presents the description, notes or description of good for the State of the past and the latest of an enterprise and the market effect. But in reality, not all issuers disclose information that is actually about the fact material in the prospectus. If there is a breach of the principle of disclosure by issuers then issuers will be subject to administrative sanctions in accordance with Article 102 of The Capital Market Laws, namely in the form of a written warning, fines, namely the obligation to pay a certain sum of money, restrictions on business activities, freezing of business activities, business license revocation, cancellation of agreement and cancellation of registration. is an action that beautify the financial statements of a company. This is referred to as windows dressing. Windows dressings aims to enhance your company's image so as to attract investors to make investments. The practice of dressing the windows in the capital markets can still be said to be a reasonable course of action throughout the activities aimed to improve the company and not to the detriment of others. However, the practice of dressing the windows can be categorized as a criminal offence the capital markets if such activity creates information or issues misleading so as to affect the market mechanism. In the event of the occurrence of the windows dressing, the practice of legal protection afforded to investors could be done in a preventive and repressive. Preventative legal protection carried out by PT. Stock Exchange by doing a temporary suspension against securities trading. While the repressive legal protection carried out by OJK with conducting surveillance, investigation and the imposition of sanctions to any party proven to engage in the practice of cheating or fraud in the capital market. In addition, investors who feel aggrieved may do a lawsuit to the Court against the issuers that have been doing practice windows dressing. Keywords: windows dressing, investors, issuers.
ANALISIS HUKUM ATAS PEMERIKSAAN KEKAYAAN NEGARA PADA BADAN USAHA MILIK NEGARA (BUMN) MENGENAI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 48 DAN 62/PUU-XI/2013 Selatieli Zendrato; Bismar Nasution; Sunarmi Sunarmi; Faisal Akbar Nasution
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT There is the difference in interpreting separated State’s assets. Many legal practitioners point out that separated State’s assets are corporations’ assets, but some of them point out that the assets of BUMN (State’s Owned Enterprises) are State’s assets because they come from State’s finance so that the Supreme Audit Agency has the authority to audit the assets of BUMN although. Concerning the assets of BUMN as an independent a corporation, and the status of the State as the capital owner, its position is only as a shareholder. According to the theory of legal entity, Public Accountant has the authority to audit the assets of BUMN as a corporation. The Institutional Court’s Ruling No. 48/PUU-XI/2013 does not pay attention to the position of BUMN whether it a public law or a private law.  When a company has signed its memorandum of association before a Notary, private law is automatically in effect. The Constitutional Court in its Ruling No. 62/PUU-XI/2013 does not consider legal experts’ opinion which states that when BUMN uses money in the company, it does not use the provision on APBN (the National Budget) system which is regulated by the government but is only based on business judgment rule. Keywords: Auditing State’s Assets, BUMN, Constitutional Court’s Ruling.
PENYELESAIAN SENGKETA PERBANKAN SYARIAH SESUAI ISI AKAD BERDASARKAN KETENTUAN UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012 Purnama Hidayat Harahap; Bismar Nasution; Hasballah Thaib; Utary Maharani Barus
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRAK The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness of the Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.   Keywords: Settlement for Sharia Banking Dispute, Contract Contents, Constitutional Court Verdict
ANALISIS HUKUM DARK POOLS SEBAGAI BENTUK TRANSAKSI EFEK DI LUAR BURSA SAHAM Taufik Hidayat Lubis; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 2 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The development of information technology system is the one of investment increasing factor in a country and capital market has used it nowdays. At the same time, massive demand of market participants as the process of interaction with other market participants which aims to improve the interaction process hase been started in using slips and now scripless trading. The need of market participants with information technology systems development grows at the same time, it can be seen how in the 21st century has created a securities transactions known as dark pools. This method conducted off exchange considered one of the ways for investors to trade security in large numbers to get a lot of benefits such as pay off commission to the broker even be able to avoid the tax charge PPn and PPh.
PERLUASAN ELEMEN EFEK DALAM KEGIATAN PASAR MODAL DALAM KAITANNYA DENGAN PERLINDUNGAN BAGI MASYARAKAT DARI KONTRAK INVESTASI YANG TIDAK TERDAFTAR DI BURSA Yessi Serena Rangkuti; Bismar Nasution; O.K Saidin; Mahmul Siregar
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Popular contract investment in society tend to cause great loss to society for not being listed in the stock exchange and not provided with the consent of OJK, leading the difficulty of OJK to handle the situation. This research is conducted by seeing the investment contract in its relation to the capital market mechanism in providing decent protection to society, also, by seeing if investment contract is included in the limitation in capital market law regarding the definition of security itself and finally the elaboration of security term in capital market law to provide protection to the society. The method used in this research is normative law research conducted through the study of legislation and relevant legal material, assisted by collecting information from interviewee who has been involved in unlisted investment contract, and also by looking at cases happened in Indonesia and other country. The data is collected by library research and interview, and the analysis is conducted qualitatively. The results show that popular investment contract is not one listed in stock exchange, so that the enforced law regarding legal protection to the society in capital market law cannot guarantee the legal protection to the society investing their money in the unlisted investment contract in stock exchange and conducted without the consent of OJK. By looking at the fact that the practice of unlisted investment contract is very popular in the society, the Capital Market Law need to be renewed by elaborating the definition of securities by including investment contract as one of the securities.   Keywords: Investment Contract, Elaboration of the term securities, Legal Protection
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