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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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PERANAN OTORITAS JASA KEUANGAN DALAM MENGAJUKAN PERMOHONAN PAILIT PERUSAHAAN ASURANSI (Studi Kasus Perusahaan Asuransi PT.Bumi Asih Jaya) Eri Lukmanul Hakim Pulungan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The existence of authority in filing an application for bankruptcy declaration for a centralized insurance company in one institution, namely the Minister of Finance which is then transferred to the Financial Services Authority increasingly makes the problem more complex related to legal protection for its customers. The absence of authority in submitting an application for bankruptcy statement to the insurance company will make the client feel insecure when investing in the insurance company. For insured users (insured or insurance customers), the bankruptcy process of a company is one way of debt collection, in addition to various other means of debt collection known by law, such as billing through a bond, the execution of debt guarantees, or bills through court procedures with ordinary procedures. There is a different interpretation between the law and the judge who decides the bankruptcy case of the company. The judge in his verdict states that the company declared bankrupt must be requested by another person or company concerned or the company that feels aggrieved whereas in the Insurance Insurance Act and the Laws of the Financial Services Authority itself states that the Financial Services Authority is authorized to bankrupt the insurance company as appropriate with the purpose of establishing its own Financial Services Authority to regulate and supervise the activities of financial services in the capital market sector. There is a difference of interpretation between judges and the law. It is important to do research on how the role of Financial Services Authority in applying for insolvency insurance company. Keywords: Financial Services Authority, Insolvency, Insurance Company.
GABUNGAN PERKARA TINDAK PIDANA KORUPSI DAN TINDAK PIDANA PENCUCIAN UANG (STUDI PUTUSAN MAHKAMAH AGUNG NO. 1294 K/PID.SUS/2015) Oki Yudhatama; Alvi Syahrin; Bismar Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Supreme Court Decision No. 1294 K/PID.SUS/2015 on corruption and money laundering, the convicted person named Mohammad Bahalwan was sentenced to imprisonment for corruption, namely 14 years imprisonment and a fine of Rp. 1,000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 8 (eight) months and punishes the defendant to pay the replacement Rp. 337,429,393,537,00 (three hundred thirty seven billion four hundred twenty nine million three hundred ninety three thousand five hundred thirty seven rupiah) where the payment deadline is 1 (one) month after the decision of permanent legal force. However, if not paid will be replaced with imprisonment for 5 (five) years. The imposition of sanctions is due to the convict proven to violate Article 2 paragraph (1) of Law no. 31 Year 1999 on the Eradication of Corruption.   Keywords: Corruption, Money Laundering and Evidence
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PEMEGANG SAHAM MINORITAS DALAM PERUSAHAAN TERBUKA Wina Wina; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Legal protection for minority shareholders in a public company is being so crucial because their interest is related to public interest. Moreover, the minority shareholders are always prone to be exploited by majority shareholders or Directors and Commissioners of the company, and they can do anything which harms minority shareholders. Besides that, weak protection for minority shareholders can have the impact on the development of capital market industry so that protection for them should be accommodated. This thesis discusses the problem of legal principles for the protection of minority shareholders in a public company, the norm of protection for minority shareholders in a public company on capital market field legislation, and inefficiencies in the protection.   Keywords : Legal Protection, Minority Shareholders, Public Company
ANALISIS YURIDIS TERHADAP PENGATURAN PERAN TNI DALAM MENANGGULANGI TINDAK PIDANA NARKOTIKA Irwan Charles Sitompul; Bismar Nasution; Suhaidi Suhaidi; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT One of the cooperation undertaken BNN with TNI that has the task of maintaining security and defense Indonesia where cooperation set out in the Memorandum of Understanding between the National Narcotics Agency with the Indonesian National Army is No. NK/29/V/ 2015/BNN, No. Kerma 14/V/2015 dated May 13, 2015 on military assistance to BNN in the framework of the Prevention and Combating Drug Abuse and Illicit Narcotics and Narcotics Precursor and Rehabilitation abusers and addicts Narcotics and Narcotics Precursor. The essence of this MoU is an optimization function of supporting community empowerment and anti-abuse and illicit trafficking of narcotic drugs and precursors; dissemination of information and advocacy on the prevention of abuse and illicit trafficking of narcotics and precursors as well as the inspection of drug trials against military personnel.   Keywords: Narcotics, the Indonesian Armed Forces and Law Enforcement
ANALISIS YURIDIS TERHADAP KERJASAMA PEMBANGUNAN INFRASTRUKTUR MELALUI POLA PUBLIC PRIVATE PARTNERSHIP (PPP) Eric Tanaka; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract   The Indonesia Government can only meet 30% of infrastructure development fund that is needed, which are around 1.433 Trillion Rupiah from 4.796 Trillion Rupiah. Which means, there is a shortage of funding which the Indonesia Government is targeting around 36% of its infrastructure development fund  us expected to be achieved by using of the one of the alternative funding sources and that is Public Private Partnership (PPP) which can be done which a private business entities in the country or foreign, state-owned enterprises or even union. PPP is not only expected to meet the shortage of funds, but it is also expected to provide knowledge and experience in development, operation, and management of the adequate infrastructure. However, in practice, PPP still encounters many hindrance. The technocratic work of PPP has not been fully able of penetrating the national infrastructure market and industry, and has not effectively overcome the hindrance in terms of regulation, institution and financing. This theses uses descriptive normative legal research, which prioritized primary data in the form of primary, secondary, and tertiary legal materials. This study refers to the main legal material by examining the theorises, concepts, legal principles, and legislation related to this research. The result show that law construction of PPP in Indonesia is generally regulated in Presidential Regulation 38/2015 concerning Government Cooperation with Business Entitites in Provision of Infrastructure in which regulate the types of infrastructure that are allowed to be built through the PPP.  Generally, PPP financing scheme in Indonesia uses BOT concession contracts, which Government is obliged to provide land that are needed for infrastructure development and private parties who will spend funds to build the infrastructure. In case of dispute in the PPP agreement, the dispute resolution process will be conducted through mediation, conciliation, and arbitration.   Keyword: Public Private Partnership (PPP), Build Operate Transfer (BOT).
PERAN OTORITAS JASA KEUANGAN DALAM PERMOHONAN KEPAILITAN PERUSAHAAN ASURANSI (ANALISIS PUTUSANNOMOR 1016 K/PDT.SUS-PAILIT/2016) Sari Rezeki Indra; Bismar Nasution; Suhaidi Suhaidi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract Article 50 of Law No. 40 of 2014 on R.I No. 40 of 2014 concerning insurance, a request for bankruptcy statement against an insurance company, an Islamic insurance company, a reinsurance company or an Islamic reinsurance company pursuant to a law submitted by the Financial Services Authority. The problem is the regulation of the role of the Financial Services Authority in the insurance bankruptcy application, the role of the Financial Services Authority in the insurance bankruptcy application and the legal consequences arising if the insurer is declared bankrupt (Case Study Decision Number 1016 K/Pdt.Sus-Bankrupt /2016). The method is normative legal research. The data source is secondary data. An important data analysis in a framework study provides an answer to the problem studied. The conclusion is a request for bankruptcy statement against insurance companies, sharia insurance companies, reinsurance companies or sharia reinsurance companies only submitted by the Financial Services Authority. The centralized system of regulation and supervision of financial services and financing including the filing of bankruptcy statements of financial services and financing institutions including insurance companies essentially aims to ensure the interests of all parties in order to create a stable economic system through the financial services sector and insurance company financing. Legal consequences arise if the insurance company declared bankruptcy resulted in the entire property of the debtor bankrupt in the public confiscation so that the debtor bankruptcy loses his right in civilian control and take care of his wealth including bankruptcy property, since the date of decision of bankruptcy statement is pronounced.   Keywords: Bankruptcy, Insurance Company, Authority Of Financial Services.
ANALISIS YURIDIS TERHADAP PENGAWASAN BANK INDONESIA DALAM KEGIATAN TRANSAKSI MATA UANG VIRTUAL ( VIRTUAL CURRENCY ) DI INDONESIA Muhammad Hendra Razak; Bismar Nasution; Mahmul Siregar; Sunarmi Sunarmi
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT This virtual currency developments give rise to legal issues in Indonesia, especially on legislation and related policies as well as currencies. The use of virtual currency as a means of payment is essentially at odds with the Article Number 7 year 1999 Of Currencies. In addition, because of the virtual currency is the currency that exists in the digital world of virtual currency, then it does not qualify as a currency. In General, institutions and or monetary authority in a country is submitted to a Central Bank. In Indonesia, the institutions and authorities in the field or authority is monetary Bank Indonesia in accordance with the mandate of article 10 Article Number 23 of the year 1999 On Bank Indonesia. As monetary authorities, banking and payment systems, the main task of the Bank Indonesia not only maintained the stability of the monetary, but also the stability of the financial system (banking and payment systems). This thesis raised issues about the role of Bank Indonesia in overseeing the monetary traffic in Indonesia, the rule of law which deals with money and other means of payment dikatikan with the legality of virtual currency (virtual currency) in Indonesia, the legality of payments by using virtual currency (Virtual Currency) in transactions using electronic media, and the role of Bank Indonesia as Indonesia's monetary authority in overseeing the traffic circulation virtual (virtual currency currency) in Indonesia. Based on the results of this research it can be concluded that the use of virtual currency in the activity or transaction and payment obligations that must be met with money on the territory of the unitary State of Republic of Indonesia is invalid (illegal) and is acts that violate the law, eyes virtual (virtual currency) has no legal basis or the legality to be used electronically transaction activity in the territory of a unitary State of Republic Indonesia, it is also in line with the Article Number 7 Year 2011 About currency, Article Number 23 of the year 1999 On Bank Indonesia, the supervision conducted by Bank Indonesia as well as the financial services authority, as well as agencies or other entities with an interest in the Country's monetary The unity of the Republic of Indonesia is not able to detect the activity of transactions carried out by the parties – parties users virtual currency (virtual currency) caused tertutupnya user access virtual currency (virtual currency) to Bank Indonesia as authority in the field of monetary authorities in Indonesia. Therefore, we suggest that the Government, through the agency or institution in the field of monetary authorities and financial services merivisi the rules of the currency by adding atuan prohibitions of the use of virtual currency in the Article number 7 of the year 2011 About The Currency. In addition, through the agency or agencies that are authorized to take and make decisions about its own rule making authority to block sites – sites of service providers selling – buy and the virtual currency or if its use is forbidden in the territory of a unitary State of Republic Indonesia.   Keywords: Bank Indonesia, Virtual Currency
BANK SEBAGAI KREDITUR SEPARATIS DALAM PENGAJUAN PERMOHONAN PAILIT (Studi Kasus Putusan Pailit Nomor : 16/Pailit/2011/PN.Niaga.Mdn) Andreas Iriando Napitupulu; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 6 (2018)
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ABSTRACT Settlement of accounts payable through bankruptcy institutions is intended to obtain a proportional distribution for creditors. But for separatist creditors, there is a possibility that the separatist creditor is not fully felt, namely in relation to the execution rights that take precedence. If the debtor's due date is not paid, the creditor can use the right of execution to sell the collateral that is under his control, the result of which is to pay off the debtor's debt. To exercise this right, whether a separatist creditor can execute directly or file a bankruptcy request against his debtor in court. In this regard, the problem arises is how is the position of the bank as creditor in filing a bankruptcy application and bank position in bankruptcy decision number: 16 / Bankruptcy/2011/PN.Niaga.Mdn and the legal considerations of the judges in the decision number: 16/Pailit/2011/PN.Niaga.Mdn between PT. Bank Negara Indonesia (Persero) Tbk. with PT. Serba Indah Aneka Pangan. The research method used is normative juridical research using secondary data obtained from library data collection techniques (library research) in analyzing decision No. : 16 / Pailit / 2011 / PN.Niaga.Mdn. This research is analytical descriptive, where the whole analytical is done using qualitative analysis to reveal in depth the views, concepts and will be comprehensively decomposed to answer the problems of this thesis, and conclusions are drawn using the deductive approach. Legal relationship PT. Bank Negara Indonesia (Persero), Tbk., with PT. Serba Indah Aneka Pangan is a credit agreement with material guarantees namely fiduciary guarantee and mortgage rights. PT. Bank Negara Indonesia (Persero), Tbk., As a separatist creditor has the right to submit bankruptcy applications to debtors who do not fulfill certain debts or obligations at a specified time and can be billed. The separatist creditor is the holder of the material security right that can execute the collateral object that is guaranteed to him, as if there was no bankruptcy. Basically this has given a special privilege to separatist creditors, so as not to be affected by bankruptcy in the debtor. However, with this privilege already granted, separatist creditors can apply for bankruptcy for their debtors as referred to in Article 2 Paragraph (1) UUK and Explanation of Article 2 Paragraph (1) UUK. The application of the law by the panel of judges in the application for the statement of bankruptcy in the bankruptcy decision No .: 16/Pailit/2011/PN.Niaga.Mdn is correct and has provided legal certainty and legal justice. The realization of legal certainty will prevent inconsistencies in decisions, so that decisions on the case can be predicted by justice seekers. The existence of a consistent decision, legal certainty and legal justice can be realized.   Keywords : bankruptcy, separatist creditor, bank
PENERAPAN SISTEM PEMBUKTIAN OLEH HAKIM DALAM PROSES PEMERIKSAAN PERKARA TINDAK PIDANA PENCUCIAN UANG Yona Lamerossa Ketaren; Bismar Nasution; Mahmud Mulyadi; Madiasa Ablisar
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT The proceedings of money laundering actors initially place the proceeds of crime into a financial service provider such as a bank, then transfer between different accounts, and spend money on proceeds of crime to purchase goods. The most important principles in the proof of money laundering crime are the presumption of innocence to prove the defendant's crime and reverse proof. The application of a reversed verification system for criminal acts of money laundering in court is not applied independently to blame the defendant or his assets / assets involved in money laundering. The money laundering law still requires sufficient evidences to be required, which means that a minimum of two valid evidences are required. The obligation of the accused to prove that pursuant to Article 77 of the Money Laundering Law related to the element of "knowing" or "to be expected" is an additional requirement for the judge in bringing the verdict.   Keywords  : Evidence; Money Laundering; and Implementation of Proof Reversed.
PENGEMBALIAN KERUGIAN KEUANGAN NEGARA PADA SAAT PROSES PENYIDIKAN DAN KAITAN PELAKSANAAN PUTUSAN HAKIM (Studi Putusan Nomor 35/Pid.Sus/TPK/2015/PN.Mdn) Immanuel Simanjuntak; Alvi Syahrin; Bismar Nasution; Mahmud Mulyadi
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Indemnification of state financial in consequence of corruption is a law enforcement system that requires a process of negation of rights to assets the perpetrator of the State, the victims in a way done by way of confiscation, freezing, confiscation well within the competence of local, regional and international levels so that the wealth can be returned to the state ( victims) are legitimate.   Keywords: Returns Losses State Finance Investigation Process, Execution Judge Decision
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