Memaknai Kebijakan dalam Perspektif Hukum Ekonomi

Menghadapi ancaman krisis keuangan global itulah pemerintah Indonesia kemudian menerbitkan tiga Peraturan Pemerintah Pengganti Undang-Undang (Perppu). Pertama, Perppu Nomor 2 Tahun 2008 tentang Perubahan Kedua atas Undang-Undang Nomor 23 Tahun 1999 tentang Bank Indonesia. Tujuan Perppu ini adalah membantu bank yang mengalami kesulitan likuiditas dengan mengajukan permohonan kepada Bank Indonesia untuk memperoleh Fasilitas Pendanaan Jangka Pendek (FPJP). Persyaratan memperoleh FPJP semula sangat ketat sehingga sulit dipenuhi oleh bank pada masa krisis. Namun, menjadi catatan di sini, Undang-undang yang ada dalam mengatur kegiatan ekonomi sebagai dasar bagi pemerintah membuat kebijakan hanya ada apabila pemerintah menghadapi situasi yang normal. Sayangnya Undang-undang tidak memberi jawaban kepada pemerintah kalau terjadi krisis. Oleh karena itu, terjadi kekosongan hukum apabila pemerintah menghadapi krisis. Maka jawabannya pemerintah kembali ke Perppu. Disini Perppu menjadi dasar hukum yang lebih tinggi membolehkan pemerintah membuat kebijakan-kebijakan ekonomi menghadapi krisis

Tanggung Jawab Direksi Dalam Menjalankan CSR (Corporate Social Responsibility) Berdasarkan Peraturan Pemerintah Nomor 47 Tahun 2012

As a legal subject who support the rights and obligations, one of the Corporate obligations as set forth in the Limited Liability Company Act and Rule The exercise is about social responsibility. The main issues to be discussed in this paper include how the implementation of CSR in Indonesia, how the legal responsibilities of directors and CSR according Limited Liability Company Law No. 40 of 2007 and how the responsibilities of directors in implementing CSR according to Government Regulation No. 47 Year 2012. This writing applies method of normative legal research with data collection Library Studies (Researh Library), by examining library materials or secondary data form the primary legal materials relevant regulations, secondary legal materials related documents and legal materials tertiary which is a clue to primary and secondary legal materials. Secondary data has been compiled is then analyzed using deductive and inductive methods to obtain conclusions. The conclusion of this paper is the implementation of Corporate Social Responsibility (CSR) in Indonesia is based on the Limited Liability Companies Act No. 40 of 2007 and Government Regulation No. 47 Year 2012 and legislation related. The legal relationship between responsibility and CSR directors pursuant to the Limited Liability Companies Act No. 40 of 2007 is the director responsible for the management and maintenance of the company as well as in the implementation of CSR as mandated by Article 74 of the Limited Liability Company Act. Responsibilities of directors in carrying out CSR according to Government Regulation No. 47 Year 2012 is that CSR is the responsibility of the directors, organ company which has overall responsibility for the management company, and has the authority to represent the company, to be followed with respect to the annual work plan and the appropriateness and reasonableness and reporting. Kata Kunci : Tanggung Jawab, Direksi, dan Corporate Social Responsibility

Analisis Hukum Atas Pemeriksaan Kekayaan Negara pada Badan USAha Milik Negara (Bumn) Mengenai Putusan Mahkamah Konstitusi Nomor 48 dan 62/puu-xi/2013

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

Kajian Yuridis terhadap Investasi Gadai Emas di Perbankan Syariah

One of the banks that have Islamic sharia pawning gold products, commonly known as the Golden Pawn Bank Syariah Mandiri which binding financing using qardh agreement in order rahn. Funding is provided to customers who have gold and need money immediately. This is evident from the rise of sharia pawning gold (rahn) who allegedly deviated from its original purpose. This concern arises because sharia should bertumpuh lien on Islamic principles which the essence is to help people to get funds quickly and for working capital. In practice, sharia pawning gold began to leave the essence and more widely used for profit through repeated practice of speculative mortgage. The research was conducted using the method of normative legal research or legal research literature, the data used are the primary legal materials, secondary, and tertiary, while the data collection is done with the study of literature (library researh). The method used in analyzing the data is qualitative analysis. Based on the results of the study authors that the legal basis for the gold investment in Islamic perspective is the verses of the Qur'an Surah Al-Baqarah (2) Section 283 is grounds relied upon in developing the concept of Islamic mortgage (Rahn). Hadith of the Prophet Muhammad in the hadith that Aisha riwayatkan by Muslim Faith, ijma 'ulama agreed on the permissibility of the legal status of liens, and the Islamic National Fatwa council chamber Ulama Indonesia (DSN-MUI) became one of the references relating to liens sharia (Rahn). Specifically with regard to sharia law lien (Rahn), MUI through the National Islamic council issued a fatwa No.: 25/DSN-MUI/III/2002. Arrangements relating to investment gold pawning at sharia banks namely, Bank Indonesia Regulation. 10/17/PBI/2008 On Islamic Banking products and Sharia that in order to avoid the risk of loss, the Islamic Bank and Islamic Business Unit obliged to maintain the quality of its financing, ne of the effort to maintain the quality of the financing, Islamic banks and Sharia can restructure financing of customers who have business prospects and / or ability to pay and estrukturisasi Financing Financing only be made for the quality of Substandard, Doubtful and Loss that must be supported by analysis and evidence of adequate and well- documented. Circular Letter of Bank Indonesia (SEBI) No.. 14/7/DpBs dated February 29, 2012 concerning the rules contributed to pawn gold pawn gold trigger for increased business, especially in Islamic banking. Given this rule, gold pawning business become more organized, and only for urgent short-term loans. No more gold for investment fiduciary practices

Fungsi dan Tugas Otoritas Jasa Keuangan Berdasarkan Undang-undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan

Before the establishment of Otoritas Jasa Keuangan (OJK), banks are regulated and supervised by Bank Indonesia (BI), while the non-bank financial companies regulated and supervised by Badan Pengawas Pasar Modal-Lembaga Keuangan (Bapepam-LK). But after the crisis hit in 1998, it gives birth to the idea of establishing an independent oversight agency. However, this agency is formed after a long process of waiting. Exactly after the issuance of Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. The issues that will be raised by the author is how OJK regulated in Indonesia, how is the position of financial services authority in other countries, what is the functions and duties of OJK. The research method used by the author was a literature research, which is the juridical normative that aims to describe in a systematic, factual and accurate to state the object of a study by research based on normative legal provision. Research source used is sourced from secondary data. Otoritas Jasa Keuangan is an independent body in carrying out its duties and powers under Undang-Undang No. 21 Tahun 2011 tentang Otoritas Jasa Keuangan. In the UK, Financial Services Authority headed by a chairman. But in carrying out day-to-day operational activities carried out by a CEO. In Japan, Financial Services Authority headed by the commissioner in charge of administrative law judge, planning and coordination bureau, inspection bureau, and supervisory bureau. General functions and tasks of OJK is to regulate and supervise the activities of financial services in banking, capital markets, and other financial institutions. In the banking sector, the functions and duties related to OJK were only microprudential aspects such as institutional, business activities, and assessment of banks' health. In the sector of the capital markets and other financial institutions, OJK carry out all the duties and authority vested in Bapepam-LK, ie foster, organize, and oversee the day-to-day activities of the capital markets and to formulate and implement the policies and technical standardization in the field of financial institutions

Tinjauan Hukum Fungsi Yayasan Yang Didirikan Oleh Perseroan Terbatas

The Institution of foundation has been widely recognized and was born in Indonesia since the days of the Dutch Indies government until Indonesia. Prior to the birth of Legislation No.16 of 2001 on the foundation has been no legal provision that regulates regarding the foundation. Up to the birth of the legislation No.16 of 2001 jo. Legislation 28 of 2004 on the foundation, in Article 1 item 1 is mentioned understanding the foundation is a legal entity which consists of the wealth were separated and destined to achieve certain goals in the social, religious and humanitarian who do not have a common member. The issues raised in this thesis is how to arrangement the foundation based on the Foundation of the legislation No. 16 of 2001 jo. The legislation No. 28 of 2004, is how the legal relationship among the limited liability company with the foundation established by the limited liability company and how the function of foundation established by the limited liability company. The research method used in writing this thesis is normative or the law method is also called the method of literature. Normative legal research is the legal research with cultivate and using the secondary data. The results of this research shows clearly that foundation established by the limited liability company as the founder of a foundation separates the beginning a wealth and established the foundation as a legal entity institution. The function of a foundation established by the limited liability company remained perform its functions in the social field, religious and humanitarian and a foundation purpose as provided by the Legislation of the foundation

Peranan Reksadana Syariah dalam Peningkatkan Investasi di Indonesia

Reksadana Moslem law represent the medium of mixture invesment joining share and obligation Moslem law in one product which dikelolah by Invesment Manager. Existence Reksadana prove that capital market not merely just just nob people monopolies. Pass the reksadana, petitborgeois under even also can enjoy the advantage from the company share. Meagrely investor money can enjoy the advantage from share and other invesment instrument, and will more and more opportunity to society to participate. Problem of this research How arrangement of reksadana of Moslem law in Indonesia, forms of agreement execution (akad) in invesment mechanism the reksadana Moslem law,and How protection punish to investor in invesment the reksadana Moslem law. Method used in this writing thesis is research method punish the normatif. With the data collecting in book study (library Reseach). Writer use bibliography research / library reseach. In this case research punish by bibliography research or referred with the research normative. Pursuant to research result obtained that Arrangement of reksadana Moslem law in Indonesia, arrangement concerning this reksadana in positive law, both for conventional and also which is pursuant to Principle Moslem law is same that is arranged in No. 8 Year about Capital Market technical regulation and in the form of Governmental Regulation, Decree Of The Minister For Finance, and regulation by Bapepam and regulation by Effect Exchange as Self Organitation Rgulatory (SRO). Forms of agreement Execution (akad) in invesment mechanism [pass/through] the reksadana Moslem law, mechanism of invesment reksadana in fact loo like with the sharing holder invesment. All investor and invesment manager " idol" to the invesment into various invesment product needing big capital. Protection punish to investor in invesment [pass/through] the reksadana Moslem law, protection forms punish to investor which is there are in agreement, Regulation of Bapepam and fiduciary duty, relate to the duty of Invesment Manager in managing Reksa Fund for the sake of investo