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

Wajah Hukum ◽  
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.

scholarly journals PREPARING THE ASEAN ECONOMIC COMMUNITY (MEA) WITH THE DEVELOPMENT STRATEGY OF SMALL AND MEDIUM ENTERPRISES (UMKM) TO GET BUSINESS CREDIT IN KELURAHAN CIBADUYUT BANDUNG

2019 ◽  
Vol 3 (03) ◽  
Author(s):  
Dewi Untari ◽  
Dewi Endah Fajariana ◽  
Muchamad Ridwan
Keyword(s):  
Development Strategy ◽  
Small Businesses ◽  
Small And Medium Enterprises ◽  
Profit Sharing ◽  
Shared Responsibility ◽  
Capital Financing ◽  
Financial Consultant ◽  
The Government ◽  
Financial Consultants ◽  
Medium Enterprises

From the results of interviews and preliminary observations that the development of Small and Medium Enterprises is essentially a shared responsibility between the government and society. In order to support the empowerment and development of Micro, Small and Medium Enterprises, especially in encouraging the distribution of credit to Micro, Small and Medium Enterprises in Cibaduyut Urban Village, for the development of Micro, Small and Medium Enterprises in Cibaduyut Village, Bandung, the strategies included in the first Bank Partner Financial Consultants in fostering and mentoring Micro Small Enterprises and Medium prospects who apply for business loans; second, socializing profit sharing or venture capital financing; third Increasing the participation of credit guarantee institutions for Micro, Small and Medium Enterprises and prospects who are faced with collateral requirements. It is expected that with the implementation of the above strategies, Micro, Small and Medium Enterprises will no longer experience difficulties in the submission of business capital loans from Credit Distribution Agencies. From each solution above, it is building and mentoring Micro and Small and Medium Enterprises, prospects who will apply for business loans. The results of the study showed that the community in the Cibaduyut Village with the optimization of the role of the Bank Partner Financial Consultant (KKMB), the requirements and procedures established by the credit channeling institutions, were no longer an obstacle for Micro and Small Businesses in obtaining business capital loans. The success of this approach will be seen from the increasing number of bankable Micro, Small and Medium Enterprises and obtaining business capital loans, and having a Bank Partner Financial Consultant (KKMB) operating on a business (mutually beneficial) basis so that it can finance itself.

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

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.    

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

Wajah Hukum ◽  
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.

scholarly journals Bidang Hukum dalam Sistem Pembiayaan Modal Ventura

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 39
Author(s):  
Indrajaya Indrajaya
Keyword(s):  
Venture Capital ◽  
Financial Institution ◽  
Civil Law ◽  
Public Law ◽  
Conceptual Approach ◽  
Financing System ◽  
Business World ◽  
Freedom Of Contract ◽  
Capital Financing ◽  
The Government

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.

scholarly journals Proposing changes in legislative and institutional conditions for private equity and venture capital financing in the Czech Republic – a comparative study with Poland

2011 ◽  
Vol 59 (7) ◽  
pp. 317-324 ◽  
Author(s):  
Jaroslava Rajchlová ◽  
Michaela Baranyková ◽  
Michal Polák ◽  
Zdeněk Brož
Keyword(s):  
Czech Republic ◽  
Venture Capital ◽  
Comparative Study ◽  
Small Businesses ◽  
Private Equity ◽  
Positive Influence ◽  
The Czech Republic ◽  
New Business ◽  
Capital Financing ◽  
The Government

This paper discusses the conditions of private equity and venture capital financing in the Czech Republic and Poland. Especially the related legislation, taxes and support of this type of financing are discussed in detail. The purpose of this research is to evaluate the conditions, to find factors that have positive influence and to formulate recommendations that would improve the conditions for both PE/VC investors and firms with new business ideas. Improving the conditions for PE/VC financing helps small businesses get the needed capital that cannot be obtained from banks and other institutions. This form of financing has a proven positive effect on whole economy. Identifying and removing obstacles is therefore important and helps the government to promote economic growth. This form of financing is used frequently in other European countries. In the central and eastern Europe it is not used as frequently but the situation is improving according to (Zinecker & Rajchlová, 2010). According to the study made by EVCA an array of legislative shortcoming were identified in the Czech Republic. Poland and Hungary have better conditions for PE/VC financing. According to EVCA studies made in 2004 and 2006 Poland shows that the conditions improve each year. Therefore Poland was chosen in this research for a comparative study with the Czech Republic.

scholarly journals Upaya Pencegahan Kekerasan Terhadap Anak dimasa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 531-537
Author(s):  
Ni Made Wismantari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Violence Against Children ◽  
Analysis Techniques ◽  
Secondary Sources ◽  
The Government ◽  
Victims Of Violence ◽  
Materials Used

The Covid-19 pandemic has had the worst impact, namely the increased vulnerability of children to become victims of violence. The Covid-19 pandemic has stimulated an increase in cases of violence against children, so in this case a legal protection is needed to fulfill the rights obtained for every child. The purposes of this study are to reveal legal arrangements in an effort to prevent violence against children during the COVID-19 pandemic as well as legal protection for children who experience violence during the COVID-19 pandemic. The research method used in this research is normative legal research with a statutory approach. The technique of collecting legal materials used in this research is the study of documents or library materials. The sources of legal materials used are primary and secondary sources of legal materials. The data analysis techniques were analyzed qualitatively and presented descriptively. The results of the study revealed that the government's efforts to prevent violence against children during the Covid-19 Pandemic were pursued through preventive legal protection with the aim of preventing violations before the occurrence of violations and repressive legal protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or has occurred. a violation is committed. All parties, both families and the government, should try to protect children from all acts of violence.

scholarly journals Formulative Policy of Death Penalty for Corruptors in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 55-69
Author(s):  
Ni Wayan SINARYATI ◽  
I Gede ARTHA
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Capital Punishment ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Analysis Technique ◽  
Library Studies ◽  
The Republic ◽  
The Government ◽  
Materials Used

Corruption is committed by state officials, law enforcement and other related parties. Various efforts have been made by the government in preventing and eradicating corruption in Indonesia, but the efforts that have been made have not yet gotten optimal results. The fundamental weakness in eradicating corruption in Indonesia is the formulation of the main criminal sanctions in the form of criminal threats that are facultative, uncertain or must be. So that the corruptors are never deterred or afraid. In the future, the legislators need to reformulate the provisions of Article 2 paragraph (2) of the Republic of Indonesia Law Number 31 of 1999 as amended to Law of the Republic of Indonesia Number 20 of 2001 concerning Eradication of Corruption. Various criminal law policies still need to be carried out by the state in order to eradicate corruption to achieve the expected results. This type of research in this paper uses the type of normative legal research. The type of approach is in the form of a legal approach related to corruption. There are two legal materials used, namely primary legal materials and secondary legal materials, with legal material collection techniques used in the form of library studies. The analysis technique used is descriptive, interpretation, evaluation and argumentative techniques. The research in this paper intends and aims to examine and analyze the facts and phenomena of corruption that are stated in specific legislation concerning criminal sanctions (capital punishment) for corruptors in Indonesia. Moreover, corruption is qualified as an extraordinary crime so it needs extraordinary handling as well.

scholarly journals Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak

2021 ◽  
Vol 1 (1) ◽  
pp. 107
Author(s):  
Meirina Nurlani
Keyword(s):  
Child Labor ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Beings ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
Keywords Child ◽  
Materials Used ◽  
Laws And Regulations

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company.  Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

scholarly journals Peranan Pembiayaan Mudha>rabah dalam Pengembangan Usaha Mikro Kecil pada KJKS Manfaat

2020 ◽  
Vol 21 (2) ◽  
pp. 398-421
Author(s):  
Dini Firmansyah
Keyword(s):  
Venture Capital ◽  
Small Businesses ◽  
Profit Sharing ◽  
Two Sides

The purpose of this paper is: (1) to find out how to finance mud}a>rabah in KFKS Manfat, and (2) to find out how the role of financing in the development of micro and small businesses in KJKS Benefits. At the end of the paper concludes with two conclusions. First, mud financing} a rabah in KJKS Benefit is financing which has the role of cooperation in business between the two parties, namely the first party as the owner of capital, KJKS and the second party manager, the KJKS member and the profits are divided according to the agreement between the two sides. Secondly, the role of mud}a>rabah financing in micro small businesses is as a venture capital with a profit sharing system, using a contract that is in accordance with Islamic sharia or cooperation between s}a>hib al-ma>l and mud}a>rib, where mud} arib is limited by restrictions on the type of business, time and place of business and Determination of the amount of profit sharing is made at the time of the contract and by referring to the profit and loss.

scholarly journals Tradisi Manak Salah di Desa Adat Padangbulia Kecamatan Sukasada Kabupaten Buleleng

2021 ◽  
Vol 2 (1) ◽  
pp. 170-174
Author(s):  
NI LUH GEDE ASTARI DEWI ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Indigenous Peoples ◽  
Descriptive Analysis ◽  
Legal Research ◽  
Male And Female ◽  
Sociological Approach ◽  
The People ◽  
The Government ◽  
Materials Used ◽  
First Time ◽  
The Village

Manak salah is one of the traditions carried out by the indigenous peoples of Padangbulia who assume that the birth of twins (male and female) is a mistake that obliges parents and  babies of  twins to  do  Temporary exile for  three months. It  is  considered contrary to humanity so that the government issued a regional Regulation No. 10 year 1951 about the elimination of indigenous manak salah or buncing. Then the problem that is studied  is  how  the  manak  salah  traditions  are  wrong  in  the  village  of  Padangbulia Indigenous  and  what  are  the  factors  causing  the  implementation of  the  manak  salah tradition in Padangbulia traditional village. The method used is empirical legal research with a legal and sociological approach to the case approach by noting that real legal events occur in the village of Padangbulia as well as the source of legal materials used are primary legal materials and with  the  techniques of  collecting legal  materials through interviews and logging that are analyzed qualitatively in the form of descriptive analysis. Based on the results of the research and analysis can be drawn a conclusion that manak salah in accordance with the belief of the people of Padangbulia with the Lontar Dewa Tatwa and Brahma Sapa used as the basis for the implementation of this tradition since First time. Although it has been abolished the manak salah tradition is still being held to date because of Padangbulia's indigenous peoples belief in the disaster that will occur when this tradition is not implemented.  

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