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 The Legal Reform of Venture Capital Financing Institutions As a Financing Alternative for Micro Small and Medium Enterprises

FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 13-24
Author(s):  
Tri Setiady
Keyword(s):  
Venture Capital ◽  
Small And Medium Enterprises ◽  
National Development ◽  
Legal Reform ◽  
Bank Loans ◽  
Business Partner ◽  
Usual Practice ◽  
Capital Financing ◽  
Medium Enterprises

So far, the role of venture capital has not been optimal, or it can be said that while it is not working. In practice, in Indonesia, venture capital companies carry out their business like banking. That until now, in general, venture capital companies practice more as credit providers as the usual practice of providing bank loans. All requirements and conditions requested for a business partner company (actually: a debtor) are like a bank in giving credit. Therefore a legal reform of venture capital financing institutions is needed to optimize financing for micro, small, and medium enterprises to realize national development.

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 LEGAL PROTECTION OF CONSUMERS ON FINTECH-BASED BUSINESS LOANS FOR SMALL AND MEDIUM ENTERPRISES (UMKM)

2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Mellisa Rahmaini Lubis
Keyword(s):  
Venture Capital ◽  
Financial Institutions ◽  
Consumer Protection ◽  
Financial Services ◽  
Service Providers ◽  
Small And Medium Enterprises ◽  
Legal Protection ◽  
Services Sector ◽  
Medium Enterprises ◽  
Legal Consequences

Consumers loses have occurred in the practice of Fintech-based loans by non-bank financial institutions. The reports of losses arising from Fintech transactions has increased. This is because many Fintech organizers have not received permission from the OJK but are still able to conduct business activities in Indonesia. The problem in this study is: How is the supervision by the Financial Services Authority (OJK) of non-bank financial institutions providing fintech-based venture capital lenders for MSMEs? And how is the legal consequences of fintech-based business capital loan services for MSME entrepreneurs. The study used normative legal approach and the data analyzed by descriptive qualitative.          The results of this study indicate that supervision by the OJK of non-bank financial institutions providing fintech-based venture capital lenders for SMEs as a form of legal protection to consumers. It is carried out in the form of preventive and repressive protection. Preventive protection is implemented by enacting OJK Regulation Number 77 / POJK.01 / 2016, OJK Circular Letter Number 18 / SEOJK.02 / 2017 and OJK Regulation Number 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector. Repressive protection is by applying sanctions against fintech organizers who commit violations in the form of written warnings and fines; restrictions on business activities; and revocation of permission. The legal consequences arising from fintech-based business capital loan services for SMEs to fintech providers are required to improve standards and meet consumer protection aspects. The legal consequence for MSMEs is the potential for fraud and misuse of consumer data by Fintech service providers.

scholarly journals Venture Capital Financing on MSMEs in PT Sarana Ventura Yogyakarta: A Maslahah Perspective

2019 ◽  
Vol 4 (2) ◽  
pp. 101
Author(s):  
Rachmat Hidajat
Keyword(s):  
Data Collection ◽  
Venture Capital ◽  
Small And Medium Enterprises ◽  
Field Research ◽  
Small Scale ◽  
Distribution Process ◽  
Collection Data ◽  
Capital Financing ◽  
Medium Enterprises ◽  
Method Approach

Purpose: This study aimed to analyze and explain the implementation of venture capital financing at PT. Sarana Ventura on MSMEs in terms of maslahah aspectDesign/Method/Approach: This was descriptive qualitative field research. The subjects were the leaders, the divisions of VCO & investment, legal, and agents of MSMEs at PT. Sarana Ventura in Yogyakarta. The data collection used observation, interview, and documentation techniques. The data analysis consisted of four stages, namely, data collection, data reduction, data display, and conclusion drawing/verification.Findings: The results showed that first, the distribution process of financing conducted by PT. Sarana Ventura is in the form of equity without charging any interest payment but applying the concept of revenue sharing to avoid usury. Second, the distribution process of financing to MSMEs is free from gharar by implementing the principle of the contractual agreement as well as a consensual principle in agreeing. Third, however, the capital distribution to the actors of micro, small and medium enterprises has not yet met the principle of justice because the firm is only willing to provide venture capital to medium scale enterprises which have been running and developing, not for new small scale enterprises (startup).Originality/Values: The main contribution of this study is expected to make venture capital companies more open and competitive in the future in advancing MSMEs.

scholarly journals Penegakan Hukum Bagi Pedagang Usaha Mikro, Kecil Dan Menengah Terhadap Para Pelaku Usaha Monopoli

2020 ◽  
Vol 5 (2) ◽  
pp. 113-127
Author(s):  
Rina Shahriyani Shahrullah ◽  
◽  
Henry Hadinata Cokro ◽  
Keyword(s):  
Small Businesses ◽  
Small And Medium Enterprises ◽  
Legal Protection ◽  
Economic Democracy ◽  
Legal Research ◽  
Role Of Government ◽  
Business Opportunities ◽  
Principles Of Justice ◽  
Medium Enterprises

This research was conducted for the purpose of ascertaining law enforcements for Small and Medium Enterprises (SMEs) business actors in Indonesia based on Law Number 55 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. It also analyzes the role of government in providing enforcements to small and Medium Enterprises. In this study, normative legal research was used. It found that the legal protection of small businesses competition in Indonesia is a manifestation of the implementation of economic democracy that contains the principles of justice and togetherness to encourage creating opportunities for every businessman in a healthy competition environment. It also found that healthy competition aims to avoid a monopoly of certain business actors only, but it could provide business opportunities for Small and Medium Enterprises business actors to enlarge their business.

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 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.

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