PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM PUBLIK PADA PERUSAHAAN PERBANKAN YANG DI TAKE OVER OLEH LEMBAGA PENJAMIN SIMPANAN (TINJAUAN KASUS PT. BANK CENTURY, TBK)

This study aims to determine the application of legal protection for public shareholders in the takeover process of PT. Century Bank, Tbk by the Indonesian Deposit Insurance Corporation, and also about the efforts and constraints faced by the Capital Market Supervisory Agency and Financial Institution (Bapepam�LK) as the capital market authorities and the Indonesian Stock Exchange as the organizer of the capital market. Research on the Legal Protection of the Public Shareholders of the Banking Companies Takeover by the Indonesian Deposit Insurance Corporation (Case Review of PT. Bank Century, Tbk) is juridical normative research or in other hand, based on library research in order to obtain secondary data in the legal field. In order to complete data from literature, the field research was conducted. The research took place in Jakarta, at Indonesia Deposit Insurance Corporation, Capital Market Supervisory Agency and Financial Institutions and Capital Market Reference Center. The result shows that the takeover process of PT. Century Bank, Tbk by the Indonesian Deposit Insurance Agency was made during the state affected the condition of the global financial crisis. The aim is to rescue takeover of the banking and financial system in Indonesia. However, the takeover ignores the rights of public shareholders. The acquisition was done with the legal basis of Law Number 40 Year 2007 regarding Limited Liability Company and is specifically based on Law Number 24 Year 2004 concerning the Deposit Insurance Agency and its implementing regulations. Public company takeover regulation and takeover rules for the limited companies ignored by Indonesia Deposit Insurance Corporation. The results also indicated that the Capital Market Supervisory Agency or less a role in protecting the Public Shareholders of Century Bank. However, measures to protect public shareholders have been carried out by the Indonesia Stock Exchange as the steering

IDENTIFIKASI BENTUK-BENTUK PELANGGARAN MEREK TERKENAL (STUDI ATAS PUTUSAN PENGADILAN NIAGA SEMARANG)

This study aims to determine what kind of the forms of violations of trade marks in the case at the CommercialCourtof Semarang and know the legal efforts and actions of the state apparatus in order to anticipate and handle disputes trade mark The study used in the preparation is a type of normative descriptive research which includes aspects of the implementation of Indonesian trademark law in order to provide exposure, picture and juridical analysis of how the settlement of trademark disputes in the Commercial Court of Semarang.While the approach used in this study is a combination of normative legal research and empirical legal research, because in addition to taking library materials (collecting, classifying and clarifying) legislation to find secondary data, also with field research to find the primary data. Based on the results of studies have identified several forms of violations of trademarks in the case at the Commercial Court of Semarang is as follows: The practice of imitation trademarks, Trademark counterfeiting practices and deeds that may confuse the public regarding the nature and origin of the marks. Efforts made by governments in anticipating and hndling trademark disputes, including (a) In the preventive focus on efforts to prevent the trademark is not used by anyone else is wrong. Among them was the refusal of registration by the trademark office and the cancellation of the registered mark in violation of trademark rights of others (b) Protection of the repressive focused on punishment to those who have committed crimes and violations of trademark as set forth in Article 90-94 of Law no. 15 of 2001. Efforts owner / holder of trademark rights to choose the path of settlement through the courts (litigation) that is a lawsuit by the Commercial Court or District Court to conduct civil and criminal accountability demands, and through channels outside the court (non litigation) that can be achieved through the Arbitration and Alternative Settlement disputes such as Negotiation, Conciliation, and Mediation

PELAKSANAAN BANK GARANSI (GUARANTEE BANK) PADA PT CIMB NIAGA Tbk BERDASARKAN UNDANG-UNDANG NO.10 TAHUN 1998 TENTANG PERUBAHAN UNDANG-UNDANG NO.7 TAHUN 1992 TENTANG PERBANKAN

Banking has the important role for economic activities. The strategic role of bank is a mode that able to assemble and supply the society fund effectively and efficiently toward an increasing of people standar-life. In order to adding the receiving sources for bank and providing service to the customer, bank gives several of tipe service. Progressively quik of competition between banks, the bank urged not only relying on the primary receiving source of credit distribution but from the services which given, as well. In this globalitation era, businessman compete to develop their business with the tight competitiveness, businessman besides need law to ensure rule of law in their action, also need banking institution to ensure their certainty of business. One of the banking activity that use by the businessman is Bank Guarantee. Bank Guarantee is published to ensure creditor�s importance if the debitor break a promise. If the debitor break a promise, so the kreditor could raising claim of the Bank Guarantee. Bank Guarantee has a function to push banks to help fluenting the flow of goods and services and bond trading. CIMB Niaga Tbk Bank as one of healthy banking institution gives bank guarantee facility to accelerate business activity. In executing to give bank guarantee of CIMB Niaga Bank, there is a main problem that is how execute in giving bank guarantee on CIMB Niaga Bank Implementation of Undang-Undang No.10 tahun 1998 and the obstacles of settlement way the customer definitely pay of the giving the bank guarantee. There is four kinds of bank guarantee in CIMB Niaga Tbk Bank, namely : Bid Bond, Advanced Payment Bond, Perfomance Bond, Retention Bond. For once issuing bond of any kind of bank guarantee equally charge one hundred thousands rupiahs fee and the provision which is depends on the agreement between bank and the customer base of the value of the bond. In bank guarantee there is a contra guarantee from the customer which is given for the bank whwnever there is a claim of the beneficiary. Niaga Bank as the guarantor so that there is a guarantee for bank that the customer definitely pay when there is a claim. As regards, approaching method which is used is juridical empire observations which is need to solve observation object by observing the secondary data to primary data in the field so that can solving the problem and in the end can take conclusion whether the policy of CIMB Niaga Bank to execute in giving bank guarantee has fulfilled the Indonesia Central bank regulations

Aspek Hukum Pembetulan Surat Pemberitahuan Dalam Kebijakan Sunset Policy Di Bidang Perpajakan

This research was conducted to determine the alignment of the provisions of the tax return rectification referred to Article 37A KUP Law and implementing regulations with the provisions of tax returns rectification under Article 8 of KUP Law. This is a normative research, which includes research on the principles of law, comparative law, the elements and factors relating to the legal aspects of the Sunset Policy. Therefore, the research emphasis was on library research The results showed that: 1. Annual Tax Revenue Rectification in connection with the Sunset Policy policy, very closely related to any tax year that can be rectificated. Subject to the provisions set forth in Article 37A Paragraph (1) General Provisions Act and the Administration of Taxation, which can be rectificated is the Annual Tax Income before tax year 2007. Based on the implementing provisions of Article 37A of KUP Law (Regulation of the Minister of Finance, Regulation of the Director General of Taxation, Circular and Announcement) tax return rectification given administrative sanctions reduction or abolition was revised to the Annual Income Tax for Tax Year 2006 and prior years. In addition, to the Annual Income Tax which is being carried out the examination, if it meets certain conditions, also can be rectificated and receive interest sanctions reduction or abolition. 2. At the implementing provisions level of article 37A (the Minister of Finance Regulation, the Director General of Taxation Regulation, the Director General of Taxation Circular, and announcements) there is disharmony with the provisions stipulated in article 8 KUP Law. This disharmony lies in the Annual Income Tax which ones could be rectificated by the Taxpayer. If connected with the provisions of Article 8, Annual Tax Income Tax Year 2005, 2004, 2003 and earlier and being audited tax return, can not be rectificated and administrative sanctions (in the form of fines and increase) can not be deleted