Bidang Hukum dalam Sistem Pembiayaan Modal Ventura

In reality, the main obstacle for small business actors is related to the problem of providing capital. To overcome this, the Government issued policies in the economic field, one of which was the government policy regarding the establishment of funding institutions as stipulated in the Presidential Regulation. One form of financial institution in question is Venture capital which is regulated in the Minister of finance regulation. As one of the companies engaged in the field of financing services, the approach is not only limited to the economy, but is also needed in the form of law. so that it can be recognized in the business world. Although the agreement is considered as the main legal source of venture capital in civil law, nevertheless, given its role in the field of financing services that many involve the public interest, its existence is also inseparable from the regulation of public law. This study aims to analyze whatever legal fields are involved in the Venture Capital financing system. While the problem in this research is what legal fields apply in the Venture Capital financing system. This research is a normative legal research, using primary legal materials, secondary legal materials and tertiary legal materials. The approach taken is by statute approach and conceptual approach. From the results of the study it can be concluded that the applicable law in the Venture Capital financing system is the field of civil law, specifically regarding the principle of freedom of contract and the provisions of the Civil Code and the field of public law.

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Analisis Yuridis Kontrak Pembiayaan Modal Ventura Dengan Pola Bagi Hasil Pada Pelaku Usaha Kecil dan Menengah

Wajah Hukum ◽

10.33087/wjh.v5i2.713 ◽

2021 ◽

Vol 5 (2) ◽

pp. 556

Author(s):

Indrajaya Indrajaya

Keyword(s):

Venture Capital ◽

Small Businesses ◽

Profit Sharing ◽

Business Partner ◽

Legal Research ◽

Business World ◽

The Board Of Directors ◽

Capital Financing ◽

The Government ◽

Materials Used

In the business world, capital is an obstacle that is often faced by business actors, especially for small businesses. In order to solve this problem, the government issued regulations related to this problem. Among them through PP No. 9 of 2009 which regulates Financing Institutions and Minister of Finance Regulation No. 18/PMK.010/2012 Regarding Venture Capital Companies. In practice, this company in its capital participation with its business partner company is stated in the form of a written agreement (contract). The purpose of this study was to analyze the contents of the venture capital financing contract with a profit-sharing pattern at PT. South Sumatra SPV. Meanwhile, the problem of this research is how is the financing contract with the profit-sharing pattern applied by PMV with small and medium business actors in South Sumatra. This type of legal research is normative in nature, the legal materials used are primary, secondary and tertiary. It is carried out with a statutory approach and the conclusion of this research is that the financing contract carried out by the parties both formally and materially has fulfilled the legal requirements of a contract as regulated in Article 1320 and Article 1338 of the Civil Code Pdt and made before a Notary and signed by the business partner company and PMV represented by the management, namely the Board of Directors.

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Prinsip Tanggung Gugat Dari Profesi Perencana terhadap Kegagalan Pekerjaan Jasa Konstruksi Jalan Tol

DiH Jurnal Ilmu Hukum ◽

10.30996/dih.v10i20.363 ◽

2014 ◽

Vol 10 (20) ◽

Author(s):

Ari Purwadi

Keyword(s):

Government Procurement ◽

Procurement Auctions ◽

Conceptual Approach ◽

Freedom Of Contract ◽

Toll Road ◽

Consulting Services ◽

The Government ◽

Business Entities ◽

Work Done ◽

Construction Services

Abstract. The existence of the Indonesia Toll Road Authority, the authority in charge of the implementation of toll roads in Indonesia is expected to promote the establishment of the acceleration of the implementation of the toll road involving business entities. Binding of construction employment between users and providers of construction services construction services performed by establishing a construction contract. Issues that arise in the construction planner service is legal responsibilities as a professional on quality service their professionalism. This legal research using statute approach and the conceptual approach. Characteristics of the concession is a government contract, the contract between Indonesia Government and the toll road business entities, so that the relations with the toll road business entities are private relationship. The use of freedom of contract principle in government contracts has been limited, namely in government procurement auctions work done through toll road engineering planning services, where tender documents are included in the contract document, as it relates to toll road infrastructure with investments that very large to serve the public interest. Professional responsibility in the form of consulting the profession is responsibility based on profession standards (professional ethics), liability under the law, and responsibility based on scientific techniques standards. Responsibility based on scientific technique standards involves the government to form a team of experts in determining whether there is fault or not fault on consulting services. Legal liability using liability based on fault. In order to balance the elements of proof fault, it is advisable to revise the rules of the principle liability based on fault become presumption of liability principle.Keywords : liability, planners, toll road, building failures, failures construction .Â

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ARBITRASE ISLAM DALAM PERSPEKTIF ISLAM DAN HUKUM POSITIF

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v9no3.604 ◽

2016 ◽

Vol 9 (3) ◽

Author(s):

Tri Setiady

Keyword(s):

Financial Institution ◽

Human Life ◽

Business Development ◽

Business World ◽

Islamic Perspective ◽

Banking Deregulation ◽

Positive Law ◽

The People ◽

The Government ◽

And Behavior

The business world today has grown indefinitely so as to break through the dimensions of human life and behavior of the economy into banking minded and change the values and aspects of the business itself, either legally or sociologically. Business development with the pattern and any system can not be separated from the financial institution whose name the bank. Banking deregulation undertaken by the government has been precise to support the economy in order to develop better. With the enactment of Law Number 10 of 1998 concerning amendments to the Law Number 7 of 1992 on Banking, is an opportunity and provide an opportunity for Muslims to establish a bank based on Islamic Shari'a, as support to the business world and the economy of the people. With the presence of banks based on Islamic Shari'a is expected to accelerate the economic revival in the race entering the era of globalization.Keywords: Arbitration Islam, the Islamic Perspective, Positive Law

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Stimulation of innovation in the public sector: foreign experience

Law and innovations ◽

10.37772/2518-1718-2020-1(29)-3 ◽

2020 ◽

pp. 22-27

Author(s):

Anna Liubchych

Keyword(s):

Economic Development ◽

Venture Capital ◽

Capital Investment ◽

Early Stage ◽

Information Support ◽

Main Body ◽

Financing System ◽

Stage Of Development ◽

The Government ◽

Stimulation Of

Problem setting. One of the most important problems and obstacles to the innovative development there is an uncoordinated work of the government to identify and approve at the legislative level the main means of stimulating innovation. Target of research is to analyze some types of stimulation of innovation activities implemented in foreign countries. Disclosure of some features of the current legislation on stimulating innovation. Analysis of resent researches and publications. Problems of innovative activity are devoted to research of a number of well-known domestic and foreign scientists-lawyers and economists: Atamanova Yu.E., Balueva O.V., Berensa V., Burman G., Davydyuk O.M., Didenko N.G., Emelianova V.M., Goncharova Yu.V., Grechan A.P., Kvasnitskaya R.S., Mavroediya E., Ravski T., Remenprit K., Vashchuk N.F., Vlasova V., Voynarenko M.P., Zadikhayla D.V., Zafara A., Zaytseva L.O., Zhornokia Yu.M., however some questions of the problem still need clarification. Article’s main body. Over the past 30 years, a global consensus has emerged on the importance of innovation as the primary means of addressing economic development, health, national security and environmental issues. Many of the world’s leading countries are making unprecedented investments in promoting innovation through increased R&D funding and ongoing support from universities and innovative small and large enterprises. They implement new programs and public-private partnerships to stimulate the commercialization of new ideas in the market. There are eight effective incentives for innovation that are used by many countries, including: incentives for corporations investing in R&D; incentives to create R&D centers; technological zones; support for company modernization; support for innovative exports; government grants and preferential loans; support for innovative public procurement; patent boxes. Regarding the legislative aspect of promoting innovation in Ukraine, the following should be noted. The Ministry of Economic Development and Trade of Ukraine participates in the development of sectoral and crosssectoral export strategies. The corresponding initiative is foreseen in the Export Strategy of Ukraine (“Road Map” of Strategic Trade Development) for 2017-2021, approved by the Cabinet of Ministers of Ukraine No. 1017-r of 27.12.2017. Our state is taking some steps to stimulate innovation. However, the means enshrined in Ukrainian law have a very narrow range of influence on real relations. Tax and other benefits introduced at the end of the last century have been abolished. State guarantees for innovation are declarative in nature. The National Innovation System of Ukraine requires comprehensive use of all possible incentives. Conclusions and prospects for the development. Venture financing, which is effectively used by a number ofdeveloped countries in the world, should become an important area of development of the ID financing system in Ukraine. The key to the development of the venture capital market is the active position of the state on its support. In Ukraine, considering that venture capital investment is at an early stage of development, it is advisable, in our view, to develop a comprehensive State program for the development of venture investment in Ukraine, which has been repeatedly emphasized by scientists and practitioners. This program should include measures both for the development of information support for innovative businesses, for improving the regulatory framework of venture capital activities, and, last but not least, for a complex of tax incentives, as well as for the state’s direct involvement in financing venture investments.

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TINJAUAN YURIDIS TERHADAP PEMBIAYAAN MODAL VENTURA SYARI'AH TERHADAP USAHA MIKRO KECIL DAN MENENGAH (UMKM) DENGAN SISTEM PERHITUNGAN PROFIT SHARING

Jurnal Hukum Volkgeist ◽

10.35326/volkgeist.v2i2.88 ◽

2018 ◽

Vol 2 (2) ◽

pp. 187-202

Author(s):

Edy Nurcahyo

Keyword(s):

Venture Capital ◽

Legal Protection ◽

Profit Sharing ◽

Business Partner ◽

Conceptual Approach ◽

Business Operation ◽

Capital Financing ◽

Data Source ◽

Principles Of Justice ◽

Medium Enterprises

The purpose of this research is to describe a legal review against syariah venture capital financing which given to business partner which in the form of micro business, small business, and medium enterprises with profit sharing. This research method is normative legal research. The main data source which is used is the literature. Researcher uses a conceptual approach because of adapts to the legal material under study, then it analyzed by qualitative analysis. The result of research shows that syariah venture capital financing have gined legal protection from positif law in Indonesia for doing financing based on prinsip's profit sharing. Every business operation of Syariah Venture Capital Financing and Syariah Business Unit must fulfill the principles of justice, equilibrium, benefit, and univeralism.

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Penerapan Prinsip Hukum Perjanjian dalam Kontrak Kerjasama Pengelolaan Barang Milik Daerah

Volksgeist Jurnal Ilmu Hukum dan Konstitusi ◽

10.24090/volksgeist.v3i1.3512 ◽

2020 ◽

Vol 3 (1) ◽

pp. 17-28

Author(s):

Pangestika Rizki Utami

Keyword(s):

Civil Law ◽

Public Law ◽

Property Management ◽

Regional Government ◽

Legal Certainty ◽

Maintenance Costs ◽

State Administration ◽

Regional Budget ◽

The Government ◽

Government Contract

The purpose of this study is to analyze the legal construction of the Regional Property Management Agreement. Regional property in the form of land and/or buildings and other than land and/or buildings that have been handed over by the user to the manager can be utilized optimally in order not to burden the Regional Budget and Revenues particularly maintenance costs. This article are reviewing several types of agreements by analyzing the application of the legal agreement principles in the cooperation contract in the management of property in Regional Government of Banyumas Regency. The principles of treaty law which is a concept of civil law applied in the concept of state administration law are interesting because the agreement is in the regulation of private law and public law. Government Contract is a routine legal act of government, to ensure legal certainty for the parties involved required legislation that specifically regulates commercial contracts by the government regarding procedures and authority limits.

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Penyelesaian Sengketa Kontrak Modal Ventura Dengan Perusahan Pasangan Usaha (PPU)

Wajah Hukum ◽

10.33087/wjh.v4i2.191 ◽

2020 ◽

Vol 4 (2) ◽

pp. 311

Author(s):

Indrajaya Indrajaya

Keyword(s):

Venture Capital ◽

Financial Services ◽

Research Method ◽

Business Partner ◽

Legal Research ◽

Conceptual Approach ◽

Services Sector ◽

Financial Services Sector ◽

The Government ◽

Settlement Of Disputes

In running their business, what is often the main obstacle for business actors in developing their business is usually related to the provision of capital. In order to overcome this, the Government issued policies in the economic sector, one of which was the issuance of policies regarding Financing Institutions as regulated in Presidential Regulation Number 9 of 2009. Followed up by the Regulation of the Minister of Finance on Venture Capital Companies No. 18 of 2012. As one of the businesses in the financial services sector, its approach is not only in business but also needs to be accompanied by a legal approach (legal approch) so that its existence can be recognized in business traffic. Even though the agreement has been bound in a contract, it is still common for business partner companies to default, and even lead to disputes in court. The purpose of this study is to analyze the settlement of disputes due to default by PPU on the contents of the financing contract between the Venture Capital Company and the PPU. The research method is normative legal research, using primary legal materials, secondary legal materials and tertiary legal materials. The approach is carried out with a statutory approach (statute approach) and a conceptual approach (conceptual approach). From the results of the research it is known that the settlement of disputes due to default by PPU on the contents of the financing contract between the Venture Capital Company and PPU, the settlement of the dispute is carried out by prioritizing non-litigation mechanisms, but if no agreement is reached, the Litigation channel is used.

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Technology Transfer and Commercialization: Venture Capital Financing System of Thailand

The Journal of Private Equity ◽

10.3905/jpe.2012.16.1.042 ◽

2012 ◽

Vol 16 (1) ◽

pp. 42-55 ◽

Cited By ~ 1

Author(s):

Jarunee Wonglimpiyarat

Keyword(s):

Technology Transfer ◽

Venture Capital ◽

Financing System ◽

Capital Financing

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Kontrak Build Operate Transfer (BOT) sebagai Perjanjian Kebijakan antara Pemerintah dengan Pihak Swasta

JURNAL RECHTENS ◽

10.36835/rechtens.v9i1.658 ◽

2020 ◽

Vol 9 (1) ◽

pp. 19-30

Author(s):

Purbowicaksono Purbowicaksono

Keyword(s):

Public Policy ◽

Government Policy ◽

Civil Law ◽

Public Law ◽

The State ◽

Public Official ◽

Equal Footing ◽

Contractual Relationship ◽

State Administration ◽

The Government

BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research shows that in a contractual relationship, the government as a party to the BOT contracts have no equal footing with their counterparts. This will be discussed in more depth in the study of law with the approach of juridical normative or study in a BOT contract as an agreement policy.

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