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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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Penentuan Inside Information Dalam Praktek Insider Trading Di Pasar Modal Indonesia : Studi Perbandingan Dengan Perkara Texas Gulf Sulphur di Amerika Serikat Ilham Rohjadina; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Capital markets are seen as one way to accelerate the development of a country. The capital market is a business sector trading in securities such as stocks, stock and bond certificates. With the capital market companies will be easier to obtain funds, so that economic activities in various sectors can be increased. However, in the world of capital markets one of the problems faced is about insider trading. Insider trading is securities trading carried out by those who are classified as people in companies where securities trading is based on the existence of inside information that is important and contains material facts, where insider trading players expect economic benefits, directly or indirectly. The problems raised in this thesis are how to regulate the law and determine the inside information in the practice of insider trading in the Indonesian capital market with a comparative study on the case of Texas Gulf Sulfur in the United States. Based on these studies, the determination of insider trading in the case of Texas Gulf Sulfur in the United States is done by applying the theory of possibility. The foundation of the United States capital market law is contained in Rule 10b-5 concerning antifraud on the Securities and Exchange Act of 1934. Every transaction on the capital market gets protection and threats from Rule 10b-5. While the regulations governing insider trading in Indonesia are found in Articles 95, 96, 97 and 98 of Law No. 8 of 1995 concerning the Capital Market. According to these regulations, the qualifications of people in the capital market are listed companies or public companies and other companies that conduct transactions with the issuer or public company concerned. Insider trading is a practice done by a company (corporate insider) on stock trading by using information that contains material facts that it has and UUPM prohibits corporate insider.   Keywords: capital market, insider trading, inside information
Badan Usaha Milik Negara (BUMN) Sebagai Termohon Pailit Dalam Kaitan Dengan Undang Undang Republik Indonesia Nomor 1 Tahun 2004 Tentang Perbendaharaan Negara Agnest Elga Margareth; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Business competitiveness today requires BUMN to be competitive with domestic and foreign private businesses. It has to innovate its products in order to be accepted by consumers and it has to have big capital to do it. Since the government does not always provide capital, BUMN has to borrow it from the third party. When it cannot pay off his debt, it has to file bankruptcy to the Court. The overlapping regulations on BUMN bankruptcy makes the third party difficult to dun the loan. The research problems are how about the legal consequence of BUMN bankruptcy on  State’s finance and on confiscation of BUMN assets according to Law No. 1/2004 on State Treasury which is in accordance with the theory of State welfare and the theory of legal entity from the aspect of purposeful wealth. The research used juridical normative with prescriptive and applied legal provision approach, using primary, secondary, tertiary legal materials. The data were analyzed qualitatively. The legal consequence of filing bankruptcy of BUMN, according to Law on State Finance, is that the State is responsible for the debt of BUMN because the State’s wealth and BUMN assets are inseparable. Confiscation can only be done on BUMN assets obtained from the State’s wealth which are sepparated, but it cannot be done on the State’s assets which are managed by BUMN because it is not in accordance with Law on BUMN, Law on State Finance, and Law onj State Treasury. This condition makes creditors difficult in filing bankruptcy and doing confiscation on BUMN which defaults.   Keywords: BUMN, bankruptcy, state finance, state treasury
Penerapan Prinsip Customer Due Diligence Di PT. Bank Muamalat Indonesia Cabang Medan Balai Kota, Tbk Dalam Rangka Mencegah Tindak Pidana Pencucian Uang Arief Rezana Dislan; Bismar Nasution; Utari Maharany Barus; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 5 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Banking financial institutions in particular are very vulnerable to the possibility to be used as a medium of money laundering and financing of terrorism. This is due to various factors such as financial transactions in the banking flows very fast and occur in large numbers, and their wide selection of financial transactions. Due to the function and role of the vulnerable banks would require the presence of the precautionary principle (prudent) in every activity of activities, one of which is the obligation of the application of the principle of Customer Due Diligence (CDD). Application of the principle of Customer Due Diligence is one way to combat and prevent crime-related forms of money in banks in Indonesia. The method used is a kind of normative legal research methods. This legal research will examine the legal system that aims to discover the rules of law in the field of money laundering that could provide an explanation for the application of the principle of Customer Due Diligence (CDD) in order to prevent money laundering. Source of data used: secondary data includes primary legal materials, secondary legal materials, tertiary legal materials, and also uses primary data: data collection techniques with library research to obtain secondary data, in the form of primary legal materials, secondary and tertiary legal materials. This study also uses field research is to obtain primary data that interview. The problems discussed in this research is about the application of the principle of Customer Due Diligence (CDD), the type of laundering money in the bank, and the application of the principle of Customer Due Diligence (CDD) at PT. Bank Muamalat Indonesia, Tbk in preventing money laundering. Based on the results of the study indicate that CDD provided for in Article 1 PBI / 11/28/2009 on the Implementation of Anti-Money Laundering and Combating the Financing of Terrorism for Commercial Bank which is the application of the standard recommendations of the FATF (Financial Action Task Force). There are three stages in the process of money laundering in the banking ie Placement, Layering, and Integration. Application of CDD in PT. Bank Muamalat Indonesia, Tbk contained in the internal regulations "Procedures Implementation of the Anti-Money Laundering and Combating the Financing of Terrorism" performed at the stage of acceptance and customer identification, request for information, requests for documents, verification of documents, EDD (Enhanched Due Diligence), up to the updating of the customer in accordance with FATF recommendations and legislation, especially Law No. 8 of 2010 on Money Laundering and Bank Indonesia Regulation No. PBI / 11/28/2009 on the Implementation of Anti-Money Laundering and Combating the Financing of Terrorism for Commercial Banks. Application of Customer Due Diligence (CDD) must be improved. Banks must be able to identify customers and also know the transactions conducted by customers, so as to prevent the laundering of money by utilizing the bank.   Keywords :   Customer Due Diligence, Money Laundering.
Pendekatan Hukum Terhadap Peredaran Gelap Narkotika Melalui Pendekatan Follow The Money Sugeng Riyadi; Bismar Nasution; Madiasa Ablisar; Mahmud Mulyadi
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Generally, TPPU is carried out in the banking sector. The form is that the perpetrators of criminal acts try to hide or disguise the origin of assets that are the result of criminal acts in various ways so that the assets resulting from crime are difficult to trace by law enforcement officials so that they freely utilize these assets for both legal and illegal activities. Money laundering activities almost always involve banks because of the globalization of banks so that through the payment system, especially those that are electronic (electronic funds transfer), the proceeds of crime that are generally large amounts will flow or even move beyond national borders by utilizing the bank's confidential factors that are generally upheld high by banking. In this study, an example of a case that has permanent legal force will be raised, namely: Medan District Court Decision No. 1738/Pid.Sus/2016/PN.Mdn., Dated 28 June 2016 An. Defendant Abdul Jalil; and Decision of the Medan District Court No. 1995/Pid.Sus/2017/PN.Mdn., Dated November 1, 2017 An. Defendant Mursalin Alias ​​Salim. North Sumatra Police investigators conduct financial analysis of the accounts concerned. It turned out that a significant flow of funds was found to Abdul Jalil from the suspect An. Mursalin Alias ​​Salim. Efforts to strengthen the legal framework in the field of investigating money laundering is one of the efforts to prevent Indonesia from re-entering the NCCT's list issued by FATF. Investigation of money laundering by using the follow the money method is expected to increase the disclosure of cases of money laundering crimes that occur in Indonesia, especially regarding narcotics criminal action.   Keywords : law enforcement; illicit narcotics circulation; and the follow the money approach.
Analisis Yuridis Terhadap Denda Piutang Iuran BPJS Ketenagakerjaan Yang Tidak Dibayar Oleh Perusahaan Yang Terdaftar (Studi di BPJS Ketenagakerjaan Kabupaten Labuhan Batu Selatan) Muhammad Haris; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract : In the implementation of payment of the Manpower Social Security Organizing Agency (BPJS), the employer is obliged to pay contributions on time in accordance with the program being followed. If the participating companies are late or in arrears in payment of the Employment Social Security Agency (BPJS) contributions, they may be subject to a fine of 2% (two percent) of the total contributions of the Employment Social Security Agency (BPJS) of Employment that must be paid by the employer company that has already been paid registered. In its implementation in South Labuhanbatu Regency, payment of contributions and fines of the Social Security Organizing Agency (BPJS) of Manpower are not carried out entirely by registered companies. Employers/companies only pay contributions from the Social Security Organizing Agency (BPJS) in arrears without paying fines, but strangely enough the Employee Social Security Organizing Agency (BPJS) must continue to receive payment in arrears without any delay, even though it is worth knowing the State income. in the sector of the Social Security Organizing Agency (BPJS) the employment is reduced. Non-compliance in paying contributions due by employer companies to the Social Security Organizing Agency (BPJS) can continue to occur due to unclear legal consequences for registered companies. As for the problems arising, namely: regarding legal certainty of the imposition of fines on contributions from Manpower Social Security Organizing Agency (BPJS) for Labor; legal consequences for the participating companies if the Manpower Social Security Agency (BPJS) contribution receivable penalties are not paid; and barriers to collection of contribution fines for receivables from the Social Security Organizing Agency (BPJS) of Branch Office (KCP) Labuhanbatu Selatan Pinang City as well as the efforts that have been made.   Keywords : fee receivable fines; social security organization of employment; and participating companies
Pemberantasan Tindak Pidana Money Laundering yang Berasal dari Tindak Pidana Narkotika Juna Karo-Karo; Bismar Nasution; Madiasa Ablisar; Muhammad Ekaputra
USU LAW JOURNAL Vol 7, No 6 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. One of the original crimes in the crime of money laundering is property acquired from narcotics crimes. Property acquired from the crime of narcotics transactions by both individuals and corporations is not directly used because of fear or indications of money laundering activities. For this reason, the perpetrators always try to hide the origin of these assets in various ways which include trying to include them in the financial system, ways taken in the form of hiding or disguising the origin of the assets with the intention of avoiding tracking efforts by the authorities. law enforcement as money laundering. The problems raised in this study, namely how the form of criminal law policy in overcoming the crime of money laundering originating from criminal acts of narcotics, the mechanism of criminal law enforcement against money laundering crimes originating from criminal acts of narcotics, and obstacles in the enforcement of criminal law against money laundering crimes originating from narcotics crime. In accordance with the above problems as for the purpose of this study is to find out and analyze the form of criminal law policy in dealing with criminal acts of money laundering originating from narcotics crime, the mechanism of criminal law enforcement against money laundering crimes originating from narcotics crimes, and obstacles barriers to criminal law enforcement against money laundering crimes originating from narcotics crimes. To find answers to these problems, this study uses a type of normative legal research that is descriptive analytical, where normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research (library reseacrh), and data analysis using methods qualitative data analysis.  Keywords: law enforcement, money laundering, narcotics crime.
Tinjauan Yuridis Terhadap Keterbukaan Pemilik Manfaat Dalam Perseroan Terbatas Berdasarkan Peraturan Presiden Nomor 13 Tahun 2018 Amanda Serena; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abtract. A beneficial owner is an individual who can be said to be a beneficial owner if he/she has income and / or profits due to the ownership of shareholding, capital, initial assets, sources of funding, or other rights that may result in profits from a limited liability company.Individuals who do not have assets in a corporation can also be categorized as a beneficial owner if they have unlimited authority related to the appointment of administratorin a limited liability company management and the control of limited liability company, or are the true owners of the funds for the limited liability company ownership.Furthermore, the existence of beneficial ownership in a limited liability company must be reported to the government.This is done by providing information about beneficial ownership which is certainly  can not be separated from the disclosure principles. The limited liability company is often used by villains to hide and obscure the criminal proceeds of crime, money laundering and financing of terrorism through capital participation in the limited liability company by using nominee and becoming beneficial owner.The Government through Presidential Regulation No. 13/ 2018 obliges the beneficial owner of the company (beneficial ownership) to disclose their identity clearly and transparently.This is an effort to supervise and prevent irregularities of the company owner. Furthermore, supervision of disclosure of the limited liability company is carried out by an authorized institution based on the results of the criminal risk assessment of money laundering and terrorism financing. Therefore, the limited liability company that does not specify a beneficial owner and does not submit true information about the beneficial owner in a limited liability company for the authorized institution will be sanctioned in accordance with Presidential Regulation No. 13/ 2018  and with various cross-sectoral regulations related to the limited liability company. Keywords: disclosure, beneficial owner, limited liability company
Analisis Hukum Terhadap Kewenangan Otoritas Jasa Keuangan Dan Kementerian Koperasi dan Usaha Kecil dan Menengah Dalam Pengawasan Lembaga Keuangan Mikro Berbentuk Koperasi Diah Ayu Oktriningsih; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. Indonesian’s economic development are keep growing and it made various regulatory agencies which have authorization to supervise a financial institution. Financial Services Authority (Otoritas Jasa Keuangan as known as OJK) exist as the institution which have the authority to regulate, supervise, and investigate a financial institution. The main issue for this research is about the authority of OJK in supervising Micro Financial Institution (Lembaga Keuangan Mikro as known as LKM) of Cooperation, meanwhile cooperation legal entity scouted and supervised by Ministry of Cooperation and Small and Medium Enterprises. This research is normative legal research through library research and field research and also through study of document as the data collection technique. The Data analysis is by using qualitative method of analysis. The data used in this research is secondary data source with primary legal material, they are: Law number 25 of 1992 about Regulation of Cooperation, Law number 21 of 2011 about Financial Service Authority, and Law number 1 of 2013 about Micro Financial Institution. The result of the research can be known that OJK under the Law number 21 of 2011 about Financial Service Authority has the functions, duties, and authority of arrangement, supervision, inspection, and investigation of financial institution. OJK supervising LKM of Cooperation based on attribution authority and as Lex specialist based on Law number 1 of 2013 about Micro Financial Institution and on the implementation referred to Regulation of Financial Services Authority number 14/POJK.05/2014 about The Development and Supervision of Micro Financial Institution. Ministry of Cooperation and Small and Medium Enterprises is not supervising LKM of Cooperation and only carrying the affirmation of Cooperation itself as the legal entity. Business activities of LKM are fully  the authority of OJK in granting business license, coaching, supervising, and inspection and financial investigation. The authority of OJK in supervising LKM of Cooperation is not against Law number 25 of 1992 about Regulation of Cooperation and Ministry of Cooperation and Small and Medium Enterprises Regulation number 17/Per/M.KUKM/IX/2015 about Supervising Cooperation and or with other legislation about Cooperation.   Keywords: OJK, Financial Services Authority, Small and Medium Enterprises, Micro Financial Institution,
Analisis Pelaksanaan Tanggungjawab Sosial Perusahaan (CSR) PT. Toba Pulp Lestari, Tbk di Kabupaten Toba Samosir Ditinjau Dari UU PT. No. 40 Tahun 2007 Ebenezer Simanullang; Bismar Nasution; Muhammad Yamin; Mahmul Siregar
USU LAW JOURNAL Vol 7, No 7 (2019)
Publisher : Universitas Sumatera Utara

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Abstract. In Indonesia, the implementation of corporate social responsibility (CSR) was regulated in Law Number 40 of 2007 about Limited Company which contained in Chapter V Article 74, the further provision about Social and Environmental Responsibility were regulated with Governments Regulation No. 47 of 2012 in Article 4.  The fund which channeled through corporate social responsibility was in the amout of 1% of net sales (Net Sales). The CSR implementation constraint which experienced by PT. Toba Pulp Lestari, Tbk in an internal company manner was in the implementation of social investment (development) program. Likewise, the external constraint which experienced by PT Toba Pulp Lestari, Tbk among others, were the existence of management institution of CD / CSR fund company formed by the Regional Government which previously formed and the result of report after audited "Not Stating Opinion" (Disclaimer). The existence of partly districts which were late in submitting the program and even there are some who never submit the program and the formation of a new district, which result in change in the calculation of the company's CD / CSR fund allocation budget. Uneven the distribution of CD / CSR corporate funds to the society in Toba Samosir District in general. Keywords: corporate social responsibility, PT Toba Pulp Lestari, Tbk
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