The Implementation of Prudential Principles in Liquiding Credit Using Covernote Notary

The problems that often occur when using a notary Covernote in this credit agreement, until during the process of Proprietary certificates issuance and binding of the rights of liabilities has not been completed. In contrast, the credit has been disbursed to the customer debtor and the credit was stuck, or the debtor customer has tort. This condition certainly causes the bank not to execute the credit guarantee that could result in losses from the bank. The purpose of this research is to analyze the implementation of prudence principles in the process of disbursement of credit conducted by PT. Bank Rakyat Indonesia (Persero) Tbk. Bojonegoro Branch by using notary Covernote and analyzing the legal consequences of application of prudence principle in the use of notary cover note in the process of disbursement of credit conducted by PT. Bank Rakyat Indonesia (Persero) Tbk. Bojonegoro Branch. The study used an empirical and sociological juridical approach. The data sources in this study through Library Research and field research and the data used are primary data and secondary data. The sample in this study is all employees of PT. Bank Rakyat Indonesia (Persero) Tbk. Bojonegoro Branch Office. The results of this study showed that the constraints encountered in the application of prudence principles on the use of notary Covernote as the basis of disbursement of credit, among others: in terms of juridical, the arrangement on covernotes used as a condition of disbursement of financing has not existed either in the law, government regulations, Bank Indonesia regulation, and in the form of a memorandum of understanding. Covernote is arising based on the habit so that the bank that determines the use of covernote can be a factor that affects the implementation of the principle of banking prudence if each party does not understand clearly about the existence of the related covernote binding collateral. In terms of Non-juridical, the constraints encountered are influenced by the factors of law enforcement, facilities and facility, and socio-economic factors of society and culture.

Implementation of Notary Prudence Principle in the Cooperative’s Deed of Establishment

Notary has important role, especially in civil law by authority to make authentic deeds and other authorities. The notary need to be cautious and has the right or obligation to explore and extract information so the deed is perfect. In Cooperative establishment, authentic deed made by a notary, has power as a perfect evidence. However, when the authentic deed is made without prudence, chance that legal problem will arise in the future. We want to know, how is the prudence principle implemented in the cooperative’s deed of establishment in Indonesia and what is the legal consequences faced by notary when violating the prudence principle in making cooperative’s deed of establishment. We conducted a qualitative research through literature which resuted Indonesian law requires a notary to apply the prudence principle in carrying out position, such as identify the cooperative founder, checking object of the deed, giving a grace period in the working out, conduct counseling and coaching to prospective members before the cooperative deed is made. When a Notary is proven to have committed violation in carrying out duties and positions, they may be subject to criminal, civil, and administrative sanctions. The notary may be sued for reimbursement, compensation and interest, when neglegance, which lead the deed they made only has the power of proof or as a private deed, cancelation, or having legal defect so the deed loses its authenticity and is detrimental to the parties concerned.

PENGARUH KOMITE AUDIT (AUDIT MEETING), MANAGERIAL DIRECTOR TERHADAP KONSERVATISME AKUNTANSI (Studi pada Industri Ritel yang Terdaftar di Bursa Efek Indonesia Tahun 2012-2016).

Conservatism is the prudence principle in the preparation of financial reporting in which the company is not rush to recognizing revenue and profit, as well as immediately, recognize cost and loss that have the possibility of occurring. The prudence principle is referred to accounting conservatism. This study aimed to obtain empirical evidence of the influence of the audit committee, managerial ownership, foreign ownership, and independent director to accounting conservatism. The population in this study is a sub-company retail industry sector listed on the Indonesia Stock Exchange in 2012-2016. Mechanical sample selection using purposive sampling and acquired 5 companies by 5 years in order to get 25 samples was observed. Model analysis of the data in this research is panel data regression using Software Eviews 9.0. This study shows that independent variables such as the audit committee, managerial ownership, foreign ownership, and independent director simultaneously affect the dependent variable accounting conservatism. In partial of variable audit committee significant positive effect on accounting conservatism, variable independent director significant negative effect on accounting conservatism. Meanwhile, the variable managerial ownership and foreign ownership no significant effect on accounting conservatism. Conclusions of this research is the audit committee and independent director significant effect on accounting conservatism, while managerial ownership and foreign ownership has no effect and can reduce the accounting conservatism at the company. Suggestions for the company is to increase the amount of managerial share ownership and for the investor to see the company that has a high proportion of foreign share ownership. As for further research, can use other measurement methods to measure conservatism as using Zhang or Basu method. From the test results obtained partial results showing variable levels of financial difficulty with negative direction have a significant effect on accounting conservatism. Variable litigation risk and growth opportunities no significant effect on accounting conservatism.

KEWENANGAN OTORITAS JASA KEUANGAN TERHADAP GANTI KERUGIAN NASABAH BANK YANG BELUM DIBAYAR PIHAK BANK

<p align="center"><strong><em>Abstract</em></strong></p><p><em>This article aims to</em><em> </em><em>know Bank rensposible for deposan customer compensation because of bank officer do violation of law. This type of research used by the authors to draw up legal research are doctrinal legal research. </em> <em>The author uses the approach of statue (statue approach), that is by analyze regulations which are related on cases pertaining who already have permanent legal force. Legal materials analysis techniques used by the author is to use legal reasoning by deduction. All activities of bank itself can pose a particular risks. Risks which may arise in banking operations include liquidity, market risk , credit risk , operational risk , and the risk of the owner or caretaker. The risk of the owner or caretaker often happens because of lack of maximum application of the prudence principle (prudence banking principle). Bank X sued by the plaintiff for violation of the law for the withdrawal of funds without permission of a plaintiff. Disbursement of funds done by a defendant III who is employees from the bank X. Based on Act 9 Part c UU OJK, it said that in carrying out supervisory duties Financial Service Authority (OJK) has authority of “supervise, examine, investigate, do consumer protection, and other action towards financial services institutions, doer, and/or supporting activities financial services as referred to in legislation in the services sector financial”. The existence of ojk as an institution supervisor in the financial sector is expected to protect consumers of an offender financial services considered can harm the interests of consumers, in this case the consumer bank.</em></p><p><strong><em>Keyword</em></strong><em>: financial services authority, legal protection, bank costumer </em></p><p align="center"><strong>Abstrak</strong></p><p>Artikel ini bertujuan untuk mengetahui tanggung jawab Bank atas ganti kerugian terhadap nasabah deposan yang disebabkan perbuatan melawan hukum pegawai bank. Jenis penelitian yang digunakan oleh penulis untuk menyusun penelitian hukum ini adalah penelitian hukum doktrinal. Penulis menggunakan pendekatan perundang-undangan (<em>statue approach</em>), yaitu dilakukan dengan menelaah semua undang-undang dan regulasi yang bersangkut paut dengan isu hukum yang ditangani. Teknik analisis bahan hukum yang digunakan penulis adalah dengan menggunakan penalaran hukum dengan metode deduksi. Setiap pelaksanaan kegiatan perbankan sendiri dapat menimbulkan risiko-risiko tertentu. Risiko yang mungkin timbul dalam operasional perbankan meliputi risiko likuiditas, risiko pasar, risiko kredit, risiko operasional, risiko hukum dan risiko pemilik atau pengurus. Risiko pemilik atau pengurus sering terjadi karena kurang maksimalmya penerapan prinsip kehati-hatian (<em>prudence banking principle</em>). Bank X digugat Penggugat melakukan Perbuatan Melawan Hukum atas pencairan dana tanpa izin dari Penggugat. Pencairan dana dilakukan oleh Tergugat III yang merupakan Pegawai dari Bank X. Berdasarkan Pasal 9 huruf c UU OJK dikatakan bahwa dalam melaksanakan tugas pengawasan OJK memiliki kewenangan “melakukan pengawasan, pemeriksaan, penyidikan, perlindungan konsumen, dan tindakan lain terhadap lembaga jasa keuangan, pelaku, dan/atau penunjang kegiatan jasa keuangan sebagaimana dimaksud dalam peraturan perundang-undangan di sektor jasa keuangan”. Keberadaan OJK sebagai lembaga pengawas di sektor jasa keuangan, diharapkan mampu melindungi konsumen dari pelaku jasa keuangan yang dinilai dapat merugikan kepentingan konsumen, dalam hal ini konsumen Bank.</p><p><strong>Kata Kunci: </strong>Otoritas Jasa Keuangan, Perlindungan Hukum, Nasabah Bank</p>

SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI

This study discusses about Inadequacy Corruption Eradication Commission In Issuing Warrant Termination of Investigation In Corruption Case. The Commission is authorized to issue a warrant termination of the investigation and to determine the actions taken when the Commission which investigated corruption Commission was not enough evidence. The conclusion of this study is, first Corruption Eradication Commission is authorized to issue an Order for Termination of Investigation in accordance with Article 40 of Law No. 30 Year 2002 about Corruption Eradication Commission, consideration of the logic of juridical is that the Commission is not a core law enforcement within the criminal justice system and just as independent institutions that can be dismissed if there is no corruption in our country. The arrangement of Article 40 of Law No. 30 of 2002 is prudential or attitude of prudence principle for the Commission to work accurately, efficiently and professionally