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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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KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG MENURUT UNDANG-UNDANG NO. 8 TAHUN 2010 Risna Oktaviyanti Utami; Bismar Nasution; Muhammad Hamdan; Marlina Marlina
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Money laundering as a form of crime that not only threatens the stability of the economy and the integrity of the financial system, but also can harm the joints of the life of society, nation and state. Impact of globalization on the development of crime. One factor is the crime can flourish because of the encouragement of technology. The rapid development of science and technologies have an impact on the complexity of the crime of money laundering, it is impossible not money laundering also utilize technological means. The impact was so great from the money laundering led to a State should establish a policy on the prevention of crime and money laundering. Therefore this study focuses on the issue of criminal policy, policy formulation as well as efforts to prevent and combat money laundering. The survey results revealed, through the criminal penal policy that is based on Law No. 8 of 2010 is a form in which the criminalization of money laundering must be prevented and eradicated. Criminal policy in the fight against crime can not be separated from policy formulation. Policy formulation is the first step in crime prevention that functionally can be seen as part of the planning and crime prevention mechanism as outlined into the legislation. In Law No. 8/2010 specifically authorizes the Financial Transaction Analysis Reporting Centre (INTRAC) in an effort preventing and combating money laundering and cooperation that made the international world.   Keywords: Criminal Policy, Policy Formulation, Money Laundering
ANALISIS YURIDIS FUNGSI OTORITAS JASA KEUANGAN (OJK) SEBAGAI PELINDUNG NASABAH PERUSAHAAN ASURANSI Dede Aquari Irawan Surbakti; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Regulation on consumer protection in Indonesia has especially existed since Law No. 8/1999 on Consumer Protection was in effect. In its development, consumer protection in also done by independent institutions, based on Law No. 21/2011 which is called OJK which functions to organize an integrated regulation and supervision system toward all activities in financial service sector. One of the goals of establishment o OJK is to protect consumers and society. In order to achieve that goal, OJK issued POJK No. 01/POJK.07/2013 on Customer Protection in Financial Service Sector. One of the financial service sectors supervised by OJK is insurance system. Today, insurance is regulated in Law No.40/2014. The research problems are as follows: how about the role of OJK in protecting insurance company customers in the insurance legl system in Indonesia,how about the difference between consumer protection, stipulated in Law No 8/1999 on Customer Protection, and that which is regulated in Law No. 21/2011 on OJK in conjuction with POJK No. 01/POJK/07/2013 on Customer Protection in Financial Service Sector. The research used judicial normative and descriptive analytic method. The theory used in this research was analytical legal positivism theory ad theary of legal protection. The data were obtained from primary, secondary, and tertiary legal materials and supported by legal provision approach. The result of the research showed that,first,after  Law No.40/2014 on Insurance was in effect, the role of OJK was very strategic as an institution which regulates and supervises insurance companies since they request license for the establishment. It also has the right to impose severe administrative sanction by revoking insurance company which is potential to harm their consumers. Secondly, in providing legal protection for insurance customers, OJK, through POJK No. 01/POJK.07/2013 provides more maximal legal protection than Law No 8/1999 on Consumer Protection. Keywords:                OJK (Financial Service Authority),Insurance Customers,Consumer protection
ANALISIS YURIDIS ATAS TUGAS DAN FUNGSI OTORITAS JASA KEUANGAN DALAM MELINDUNGI KONSUMEN JASA KEUANGAN Saryo Saryo; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Otoritas Jasa Keuangan (OJK) founded in accordance with the Undang-Undang No.21 Tahun 2011 tentang Otoritas Jasa Keuangan having task and function to regulate and control of finance institution as well as provide protection for consumer. The consumer protection given by OJK is aimed at creating a reliable consumer protection, increasing consumer empowerment, as well as raising awareness of financial service provider on the importance of consumer protection so that it increases people’s trust in financial service sector. The research problems are as folows: How the law in Indonesia regulates duties, functions, and authorities of the OJK in providing protection to consumer? How the consumer protection system in the financial services thar has been established and implemented by OJK? How is the implementation of the consumer protection system in the financial services by OJK? The results of the research showed, it is revealed that in addition to its function to regulate and control finance institution, it also protects consumer. OJK has established system of consumer protection which is integrated and supported with satisfactory and traceable feature of consumer service for complaining about financial service provider and consumer that is Financial Customer Care (FCC). Consumer protection provided by OJK consists of preventive consumer protection aimed at prevent consumer loss and repressively. Preventive consumer protection includes providing information and education for people, preparing sets of consumer protection, complaint services, market conduct regulation and other regulation conducted to prevent consumer and people loss potentials. Increase of consumer protection effectiveness provided by OJK should keep being maintained both from structure and law substance by considering condition of law tradition of financial service consumer and people so that consumer protection can be achieved as what expected.   Keywords: Consumer Protection, Financial Service Authority, OJK.
ANALISIS YURIDIS TENTANG PEMBELIAN KEMBALI (BUYBACK) SAHAM TANPA PERSETUJUAN RAPAT UMUM PEMEGANG SAHAM (RUPS) (Studi Peraturan OJK Nomor 2/POJK.04/2013 tentang Pembelian Kembali Saham yang Dikeluarkan oleh Emiten atau Perusahaan Publik dalam Kondisi Pasa Chairiyah Ella Sari Siregar; Bismar Nasution; Mahmul Siregar; Suhaidi Suhaidi
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT In recent years, the Indonesian economy has shown difficulties as a result of the global economic crisis marked by declining stock prices of publicly traded companies. In response, The Financial Services Authority (OJK) has re-enacted Rule Number 2 / POJK.04 / 2013 concerning Buyback of Shares Issued by Issuers or Public Companies in Significant Market Fluctuation Conditions. With this regulation, companies whose share prices tend to decline significantly are allowed to buyback without having to hold a GMS in advance. By using the methods of normative legal research, this research will examine how the arrangements are based on the Company Law and the POJK in detail, then how exactly the GMS position is in the Shareholders of the Public Company in UUPT and POJK, and how the legal protections can be provided to the POJK related Public and Investor Company. Therefore requires special regulation as the implementing regulation which accomodated by Rule Number XI.B.2 intended for the holding of buyback when the market condition is normal, and POJK No. 2 / POJK.04 / 2013 which used if the market situation tends to fluctuate significantly as a result of the crisis. Furthermore, the position of the GMS in share buyback corporate action is abolished because the company needs to take efficient measures to make an urgent decision for the company. The abolition of such GMS pursuant to Article 4 of the POJK is replaced with an announcement containing the plan, proforma, methods, and analysis of the company's management regarding the influence of share buyback on business activities and growth of the company. Concerning the concept of legal protection against investors is not sufficiently regulated in the POJK because it has been regulated comprehensively in the OJK Regulation Number 1 / POJK.07 / 2013 on Consumer Protection of Financial Services Sector, thus the form of protection stipulated in the POJK is solely for issuers / public companies only. Keyword : buyback, general meeting of shareholders, The Financial Services Authority (OJK)
PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANAPENCUCIAN UANG (TPPU) YANG BERASAL DARI HASIL PENYUAPAN (ANALISIS PUTUSAN NOMOR : 38/PID.SUS/TPK/2013/PN.JKT.PST) Mirza Erwinsyah; Bismar Nasution; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Background Bribery Bribes posing a threat to economic stability may undermine democratic institutions and values, ethical values, fairness, discriminatory nature, undermine ethics and honest business competition, injure sustainable development and enforceability of the law. The problems in this thesis are how the Corruption Crime formulation according to the Corruption Act, How is the Money Laundering Formulation under Law No.8 Year 2010 and How is the analysis of criminal law against Money Laundering Crime from Criminal Acts of Bribery On Decision Number: 38/ PID.SUS/TPK/2013/PN.JKT.PST.The conclusion in this thesis is a special legislation regulating the criminal act of corruption already exists. In Indonesia alone, the law on corruption has been 4 (four) times changed. The Crime of Money Laundering as stipulated in Law no. 8 Year 2010 on Prevention and Eradication of Money Laundering Crime can be classified into 2 (two) types, namely: Crime of Money Laundering and Passive Money Laundering Crime. Based on the indictment, the case is registered with number 38 / PID.SUS / TPK / 2013 / PN.JKT.PST. The defendant was charged with a layered article using 2 (two) Laws namely the Eradication of Corruption and the Criminal Act of Money Laundering. Keywords : Law Enforcement, Criminal, Money Laundering Crime, Bribery.
ANALISIS YURIDIS TERHADAP WEWENANG OTORITAS JASA KEUANGAN DALAM MENGAWASI TINGKAT KESEHATAN BANK Widodo Ramadhana; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The Financial Services Authority is expected to minimize the risks that may arise through regulating and overseeing activities in the banking sector, at least reminding the need for careful risk handling, even if it is necessary to prohibit banks from engaging in certain activities that tend to invite high risk to bank health the crisis on the financial system and banks is expected to detect early on the root of bank problems in assessing the soundness of banks, so as to better reflect the condition of the bank. The formulation of the problem in the thesis research is how the authority of the Financial Services Authority in granting licenses for the establishment of the bank. How is the institutional relationship between the Financial Services Authority and Bank Indonesia related to the Bank's soundness. How is the authority of the Financial Services Authority in overseeing the Bank Soundness.The type of research used is normative law and the nature of the research is descriptive. Data used are primary and secondary data, consisting of primary, secondary, and tertiary legal materials. Techniques and data collection tools were conducted by library study and field study by conducting interviews. Data analysis was done by qualitative analysis method.Under Article 7 of the Financial Services Authority Act, the Financial Services Authority declares that the Financial Services Authority has the authority to regulate and supervise the Bank's institutions which include licensing for establishment of a bank. In this Coordination Protocol as a forum for reconciliation between the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation in a coordination forum called the Financial System Stability Committee (KSSK). Coordination in this committee is made if it is not possible to handle banking problems by the Financial Services Authority in relation to the settlement and handling of a failed bank that is suspected to have a systemic impact. The Financial Services Authority also requires the controlling shareholders or investors to increase the capital of the Systemic Bank and be able to convert the type of debt or investment to increase the capital of the systemic bank if faced with potential crisis. Keywords: Authority, Financial Services Authority, Supervision, Bank Health Level.
PERAN OTORITAS JASA KEUANGAN DALAM PENGAWASAN PERBANKAN UNTUK MENCEGAH TINDAK PIDANA KORUPSI DI PT. BANK SUMUT (Studi : Putusan Tipikor Pengadilan Negeri Medan No. 93/Pid.Sus-TPK/2016/PN.Mdn. Jo. Putusan Pengadilan Tinggi Medan No. 06/Pid.Sus-TPK/2017/PN Muhammad Firdaus; Bismar Nasution; Sunarmi Sunarmi; Muhammad Ekaputra
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Cases of banking crime, not just criminal acts that occurred in the banking sector, apparently against the government banks including PT. Bank Sumut as a Regional Owned Enterprise (BUMD) of North Sumatera Province and Sub-Province / Municipality under it, incorporated as Limited Liability Company (PT) can also be investigated and investigation of alleged corruption. However, who is entitled to conduct such alleged corruption investigation in PT. Bank of North Sumatra, whether the Indonesian Police, the Attorney General, Corruption Eradication Commission, or OJK itself? Even if it is true ("quad non"), OJK has the right and authority to investigate and investigate alleged corruption in BUMN and BUMD, there is overlapping of rules, where OJK also has the authority to supervise and prevent fraud, the other hand the OJK shall be entitled and authorized to conduct investigations and investigation of alleged corruption in the bank. However, OJK should only have the authority to conduct an investigation of banking crime in the financial services sector.   Keywords          :     The Role of the Financial Services Authority; Banking Supervision; and Prevention of Corruption at PT. Bank of North Sumatra.
PEMISAHAN PENYIDIKAN TINDAK PIDANA PENCUCIAN UANG (MONEY LAUNDERING) DARI TINDAK PIDANA KORUPSI SEBAGAI TINDAK PIDANA ASAL (PREDICATE CRIME) Muhammad Junaidi; Bismar Nasution; Mahmud Mulyadi; Edi Yunara
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   Investigation of money laundering crime and corruption as a criminal offense is very possible to be done separately or there is a separation of investigation. Therefore, it is necessary to examine the separation of investigation into money laundering crime with corruption as an offense. Factors that affect the separation of investigations in money laundering crime with corruption as an offense. Obstacles in separating the investigation of money laundering crime with corruption as a criminal act of origin and efforts to overcome the barriers of separating the investigation of money laundering crime with corruption as an offense.   Keywords: Separation, Corruption and Money Laundering Crime
PERAN KOMISI PEMBERANTASAN KORUPSI (KPK) SEBAGAI PENYIDIK DAN PENUNTUT TINDAK PIDANA KORUPSI DALAM PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN NOMOR: 10/PID/TPK/2014/PT.DKI ; NOMOR: 1195 K/PID.Sus/2014 ; NOMOR: 2223 K/PID.SUS/2012) Frima A Sitanggang; Bismar Nasution; Alvi Syahrin; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT KPK (Corruption Eradication Committee) is a state institution which independently prevents and eradicates criminal acts of corruption and money laundering. The research problems are, firstly, how about the role of KPK as the investigator and prosecutor of corruption criminal act to eradicate the money laundering criminal act; secondly, how about the obstacles of the role of KPK as the investigator and prosecutor of the corruption criminal act to eradicate the money laundering criminal act; and thirdly, what about the solutions to overcome the obstacles of the role of KPK as the investigator and prosecutor of corruption criminal act to eradicate the money laundering criminal act. These problems will be analyzed through a study on the Rulings No. 10/PID/TPK/2014/PT.DKI; No. 1195 K/PID.Sus/2014; and No. 2223 K/PID.Sus/2012. Legal System Theory is used as the theoretical framework used for the analysis in this research which covers the Legal Structure, Legal Substance and Legal Culture. The results of the research show that KPK has incorrectly charged on the indictment to the perpetrator. The indictment of KPK to the perpetrator is cumulative and contrary to the Article 65 of KUHP (the Penal Code). The role of KPK to return the state loss and to seize the perpetrator’s wealth resulted from the money laundering has been performed by KPK and the legality of the action of KPK has to be based on the laws without violating the order of the prevailing laws. The obstacles encountered by KPK in the prevention and eradication of the money laundering criminal act are, obstacles from the Perspectives of Laws, Law Enforcer, and Legal Culture. Keywords: Investigator, Prosecutor, Corruption, Money Laundering, KPK
PENERAPAN TATA KELOLA PERUSAHAAN YANG BAIK (GOOD CORPORATE GOVERNANCE) DALAM PELAKSANAAN TANGGUNG JAWAB SOSIAL (CORPORATE SOCIAL RESPONSIBILITY) PADA PT. PERTAMINA EP RANTAU KABUPATEN ACEH TAMIANG Simon Simon; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Implementation of corporate social responsibility by using good governance is done by one of the companies in Indonesia, namely PT. PERTAMINA EP RANTAU Kabupaten Aceh Tamiang. PT. PERTAMINA EP RANTAU Aceh Tamiang District manages business with ethical behavior with regard to people, profit and planet. The location of good corporate governance in the implementation of corporate social responsibility is reflected in the synergy of corporate social responsibility activities that involve the active role of the community and local government in accordance with existing resources and the principles of local wisdom through Social Mapping and Focus Group Discussion in areas that belong to the region work, namely Aceh Tamiang and Langkat districts.   Keywords: Corporate Social Responsibility, Good Corporate Governance, and Company
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