Andi Hermawan, Zainal  Asikin, L.Wira Pria Suhartana

Abstract:

This research was conducted to find out how legal protection to investors according to Law No. 8 of 1995 and how to settle investor complaints related to the return of the amount of the investment in the BNI Fund for Flowering Funds.

This research is a normative law research (legal research), the approach method used in research is the conceptual approach (conceptual approach), the statutory approach (case approach), the case approach (case approach). Legal material collection techniques are carried out by means of documentation study. The analysis used in this study is prescriptive analysis, namely the nature of this analysis is intended to provide an argument for the results of research that has been done.

The results obtained from this study are that legal protection for investors against mutual funds is still not optimal. This can be seen from the fact that the provisions of Law No. 8 Th. 1995 concerning Capital Market in completing defaults conducted by mutual funds and Settlement against the defaults of BNI Funds for Interest Funds is not made explicitly, it is known from the fact that no compensation was given to the injured investor.

Keywords:  Protection, Investors, Mutual Funds

Full Text: PDF

Wendi Oktariansyah

Abstract:

This research was conducted to find out how the relationship between the responsibilities of the directors and shareholders in managing the company based on the doctrine of business judgment rule; What is the responsibility of the directors in managing the company based on the doctrine of business judgment rule and how is the implementation of good corporate governance (GCG) in managing the company by the Board of Directors based on doctrine.

From the results of the authors’ research it can be put forward as the responsibility of the directors of the shareholders in the company is the responsibility based on the working relationship between the companies in this case the shareholders are based on finance. The responsibility of the Board of Directors which is based on the Business Judgment Rule doctrine is basically that the Board of Directors can avoid responsibility for the company’s losses as long as the board of directors can prove that the board of directors in carrying out their duties has been carried out with great care. Based on attention and directors carry out / take decisions of the Directors. Implementation of Good Corporate Governance in a company, if the principles of Good Corporate Governance are implemented, the Board of Directors has carried out the Business Judgment rule doctrine.

Keywords:  responsibilities, directors, business judgment rule

Full Text: PDF

Iin Arianti, Soemarno, Hasyim, W, and Sulistyono, R.

Abstract:

Pontianak is a unique city because it is surrounded by rivers, has a relatively flat land surface with an altitude of 0,5 – 1,0 m above sea level, and close to the estuary and peat soil. Pontianak also has experienced frequent flooding. Due to its position as the capital of West Kalimantan Province, it is necessary to have a comprehensive study regarding variables influential to floods.

In order to determine variables influential to floods in Pontianak city, pairwise matrices questionnaires were used by two experts in the hydro-meteorology field where the order of its influential value was arranged by using the Analytical Hierarchy Process (AHP) method.

The consistency value of the expert ratio 1 is 0.0163 while the expert 2 is 0.0161. The smallest consistency value which is according to expert 2 was selected. The ranking of variable weight is as follow: rainfall of 0.5487, land use of 0.2002, land slope of 0.1171, land cover of 0.0783 and the smallest is soil type of 0.0556.

Keywords:  floods, weight, variable, AHP

Full Text: PDF

Komang Purwinata, Sudiarto, L.Wira Pria Suhartana

Abstract:

The Company is a legal entity which is a capital alliance, established under an agreement, conducting business activities with authorized capital which is entirely divided into shares and fulfills the requirements set forth in this Law and its implementing regulations. Limited Liability Company (PT) can be made 2 (two) changes, namely: (1) amendment to the articles of association; and (2) changes in company data. Both changes are made by notarial deed and the notary is given the power to report and report to the Directorate General of Public Law Administration to obtain legal validity regarding changes made. The problem is the legal consequence of the notary amendment to be notified by the Notary is still authentic deed based on the provisions of Article 1868 of the Civil Code, but has no validity related to changes as stated in the deed and Notary can be held accountable in the form of compensation loss, namely through a civil suit to the district court, this is based on the provisions of Article 1243 of the Civil Code Jo Article 1365 of the Civil Code

Keywords: limited liability company, company change deed, accountability of notaries

Full Text: PDF

Inggrid Istami, Djumardin, Kurniawan

Abstract:

Tawarruq is a type of financing based on Islamic law. Tawarruq is a form of sale and purchase agreement involving three parties. That is when the owner of the goods sells the goods to the first buyer with a credit / installment payment system, and then the first buyer sells the item back to the second buyer (not the original owner of the item) with a cash payment system. In other words, the first buyer gets financing from the sale of goods. The implementation of the Tawarruq still contains pros and cons. There are scholars who allow this financing as long as the implementation does not contain usury. Some scholars say that Tawarruq is haram. Indonesia itself does not implement the Tawarruq system, but only adapts and modifies it then writes it in the DSN Fatwa No. 82 / DSN-MUI / VIII / 2011 concerning Sharia Commodity Trading on the Commodity Exchange.

Keywords: tawarruq, financing system, positive law

Full Text: PDF

Januar Dwinanto Muzani, Lalu M. Hayanul Haq, Muhammad Sood

Abstract:

The purpose of this study is to find out and understand the implementation and implications of cooperative registration online. The theory used is the theory of legal effectiveness. This type of research is normative legal research. The approach method used is the Legislation Approach, Concept Approach and Case Approach. The types and sources of legal materials are primary legal materials, secondary legal materials. Legal material collection techniques are using documentary studies both related to legislation and existing documents. The results of the study are the implementation of the establishment of a cooperative deed through an electronic or online system that has been carried out well by the NPAK notary based on guidelines from the cooperative legal entity administration system (SISMINBHKOP) of the Ministry of Cooperatives and SMEs. The guide is a reference to the NPAK notary in approving the deed of establishment of the cooperative online. The difference with approval through the service lies in procedures that are carried out more easily, effectively and efficiently and at a lower cost, and avoid ‘extortion’ which is usually encountered in approval through service. Associated with the implications after ratifying the deed of establishment of an online cooperative is not much different from its implications for conventional approval. The implication is in the form of obtaining cooperative legal status, having rights and obligations and being able to conduct business activities as a legal subject in general. However, for the implementation of the SISMINBHKOP by a notary there are still obstacles experienced by some notaries, namely the inability of the online system to be accessed when the notary wants to carry out the surveillance.

Keywords: registration, cooperative deed, online

Full Text: PDF

I Gede Dhipa Bawantara Putra, H. Salim HS, Kuriawan

Abstract:

The purpose of this study was to analyze the test of grammar notarial deed grammar reviewed from Law No. 24 of 2009 especially Article 27 and 31 when compared with the Act of Notary Public Article 43 paragraph (4), and the solution to possible future if the deed occurs with language the parties outside Indonesian are standard. The research method used is normative empirical and the approach method used in this research is statute approach, conceptual approach, conceptual approach and analytical approach,

As for the results of the study referred to as the Picking Test, which is a testing activity on the unit of goods (deed) which is only carried out on a portion of the items picked (tested) against the unit of goods. If the matter is related to the implementation of the detective / one of the forms of the control function of the Notary Supervisory Council, then the quotation test is only carried out by the MPN. So the MPDN Authority is administrative in nature which requires MPDN meetings regulated in Article 14, Article 15, Article 16 and Article 17 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.02.PR.08.10 of 2004 regulating periodic checks on Notaries carried out by MPDN and previously MPDN will form an Examining Team. Examinations conducted by the Examining Team which are only available at MPDN conduct periodic checks at least once a year.

Keywords: picking test, notary, deed

Full Text: PDF

Yetursance Y. Manafe, Marzoan, Lukas M. Boleng

Abstract:

Collaborative Experiential Learning in this study is one of the group learning strategies by focusing on real experiences. The purpose of this study is to saw the influence of this strategy on student learning activities and student learning outcomes. The location of the study was a one-roof school in Rote Ndao District with the number of students who were the subject of research for 40 people. The instrument used to see the effect of the application of colaborative experiential learning on learning activities using the observation rubric of student activity and the results showed that the activeness of students in discussing 97.50%. Motivated students help group friends in solving 95.00% problems and students give other students the opportunity to ask when their group presents 32.50%. While learning outcomes using simple linear regression analysis obtained correlation coefficient value 0.772 which shows a strong relationship between the application of strategy and learning outcomes with a determination coefficient of 59.6% which shows the contribution of learning strategies used to learning outcomes. Furthermore, based on the F test value obtained a significance value of 0.000 which shows significant learning outcomes with the strategy used.

Keywords: Collaborative, Experiential Learning, Rote Ndao District

Full Text: PDF

Zakir Sabara HW, Soemarno , Leksono, A. S., and Tamsil, A.

Abstract:

The existing problem faced by Makassar City PDAM (Municipal Waterworks) regarding the management of water resources for drinking water in the last few years is mainly the lack of raw water supply, water quality vulnerability, infrastructure, financing, and uncertain climate change. The management and stakeholders face problems in the decision making on management and determination of company policy. The following study is expected to help managers in the adaptive and resilient decision making, where interdisciplinary and sectoral academic studies are required with a focus on the use of Robust Decision-Making (RDM) approach in planning water resources for drinking water in Makassar City. The following dissertation uses a qualitative approach to review planning documents from BMKG, BBPWS-PJ, and Makassar City PDAM regarding the provision of clean water from the upstream point to the downstream estuary. The expected objectives are; [1] reviewing the concept of Jeneberang watershed management in anticipating the impacts of climate change, [2] providing the availability of raw water in the long run, [3] public participation patterns, and [4] designing anticipation of uncertain condition through the RDM model. The first and second objectives use a literature study that formulates input, process, and output variables, while the third objectives use the Preferential Value Test approach. The fourth goal will be specifically discussed in a follow-up study with the RDM model approach. The renewal element lies in the raw water management policy that is more adaptive to climate change and presents various alternatives for the provision of raw water in the long term for Makassar City and its surrounding areas. A review towards the document of clean water management planning found that there is a lack of synergy in the long term with a high anticipatory level against the threat of climate change along with its impacts, as well as the threat of limited raw water supply due to exogenous problems beyond human reach with a long-term global impact. The third objective related to public participation expects fairness in the management and use of raw water for the public interest, taking into account social, economic and cultural aspects. Public expects a pattern of clean water management that is preventive, economical, healthy, hygienic and sustainable regarding quality and quantity of the clean water available. The expected recommendations are there is a policy regarding subsidies to clean water consumption among various consumer groups, reciprocal environmental policies available, a good management of behavioral pattern concerning clean water consumption, and structuring of pre-intensive clean water management and strengthening of the clean water paradigm. The recommendation of the clean water paradigm can be simulated in educational institutions, i.e. by presenting vocational education related to technology and management of clean water treatment.

Keywords: Climate, Raw Water, Participation and Policy

Full Text: PDF

Sri Umiyati, Syamsudin, S., Tjahyanulin, and Saleh, C.

Abstract:

The challenge for changing the government role, rather than just providing a simple service on a regular basis, is to give high quality serve towards community needs. So the consequence today is striving for innovation to improve service performance standards in order to meet the needs and expectations of the community. This research was conducted with the aim of revealing the quality of services delivered for Independent Social Security (BPJS Kesehatan Mandiri) patients by considering dimensions; 1) organizational commitment carried out by health service personnel; 2) patient satisfaction among Independent Social Security (BPJS Kesehatan Mandiri) participants regarding the health service delivered 3) implementation of the ongoing health service model for Independent Social Security (BPJS Kesehatan Mandiri) patients. The method used in this study is qualitative approach by combining primary and secondary data while data analysis is carried out by using an interactive analysis model from Miles & Huberman (2004). The results of this study indicated that: 1. The organizational commitment was still unable to support the achievement of  vision and mission of the hospital as a service provider due to the gap existed between regarding the very high standard determined for the vision and mission but the components still have weak commitment on it; 2. Overall, the level of satisfaction of health services according to the patient’s perception is satisfactory, but there are more items that do not satisfy when viewed from main indicators and additional indicators more than the satisfactory items; 3. The Health Service Model delivered in IRJ Hospital has not yet reached the expected level of satisfaction as formulated in the IRJ Hospital motto, namely “Serve with Whole Heart” and service with 5 “S” and 1 “T” (Greet, Smile, Sympathy, be Patient, Enthusiasm, and Ask).

Keywords: Organizational Commitment, Quality, Service Model

Full Text: PDF