Wednesday, September 30, 2009

ARTIKEL OTONOMI DAERAH

This artikel discuss about OTONOMI DAERAH.
MEANING OF REGIONAL AUTONOMY (OTONOMI DAERAH)

Regional autonomy (Otonomi Daerah) is a state that allows regions to actualize all the potentials are the best he had to realize optimal.Dimana these circumstances, applies the proposition that basically all the issues properly submitted to the region to identify, formulate, and solve it, except for matters which are can not be resolved by the region itself in the perspective of the integrity of the nation-state.

Principles to follow REGIONAL AUTONOMY IN GIVING:

  • Implementation of regional autonomy implemented with the aspect of democracy, justice, equity and diversity and the potential for regional
  • Implementation of regional autonomy based on broad autonomy, real and responsible
  • Implementation of regional autonomy and the whole vast region located in the district and the city was in provincial areas is limited autonomy
  • Implementation of regional autonomy should be in accordance with the state constitution
  • Implementation of regional autonomy should be more autonomous local self tying
  • Implementation of regional autonomy should further enhance the role and functions of local legislative bodies
  • Implementation of the principle of deconcentration is placed on the area in his capacity as provincial administrative regions
  • Implementation of the principle of the duty of assistance from the government and the rural areas with infrastructure financing and human resources with the obligation to report and be accountable to the assigned

BARRIERS / imbalances HAPPENS FREQUENTLY IN THE IMPLEMENTATION OF REGIONAL AUTONOMY POLICY: (KENDALA)

  • High Economic Cost in the form of levies blind. Regional autonomy could change the nature of the "Financial Anarchism"
  • High Economic Cost in the form of service learning
  • Orientation of local government in cash inflow, not the income
  • Local Government can be a "Dracula" for the children of their own enterprises-enterprises that are under shade. May not be the mode through the sale of assets, but through local authorities policies difficult rejected by the leadership ranks of public enterprises
  • Because the fund focuses on local government revenues can forget the evidentiary criteria of sustainable
  • The emergence of barriers to the mobility of resources
  • Potential conflicts between local government regarding the distribution of charges
  • The rise of egocentrism
  • Because the degree of success more autonomy based on the financial aspects of local government can forget the mission and vision of true autonomy.
  • The emergence of kolutif relationship between the executive and legislative branches in the region.

EFFORTS TO OVERCOME REGIONAL OFFICIALS imbalance HAPPENED

  • Officials must be able to do certain policies so that human resources are in the center can be distributed to the regions
  • Officials must make the political empowerment of citizens is carried out through political education and the existence of non-governmental organization community, the media and others.
  • Local officials must be responsible and honest
  • The existence of cooperation between officials and the public
  • And the priority is regional government officials should be able to understand the principles of local autonomy.

ANALYSIS STEPS TAKEN TO CONTROL THE GOVERNMENT IN REGIONAL AUTONOMY: (MENGONTROL OTONOMI DAERAH)

  • Formulate a legal framework that meets the aspirations for autonomy at the provincial level and in line with the decentralization strategy in bertahap.Untuk that need to be prepared for revising the Act No.22 and No.25, including the socialization efforts of substantial public and parliament in national and local levels.
  • Develop an implementation plan with respect to decentralization factors affecting the guarantee continuity of service to the community, treatment of the balance between the regions, and ensure a sustainable fiscal policy.
  • To maintain the momentum of decentralization, the central government needs to start immediately decentralization measures, but limited to sectors which obviously is the authority and the City and County can be submitted.
  • The process of autonomy can not be seen as merely the duties and responsibilities of the minister or the minister of state autonomy in the country, but requires coordination and cooperation from all areas of the Cabinet (Economy, Welfare & Taskin, and the Political and Security Affairs).
READ MORE - ARTIKEL OTONOMI DAERAH

ARTIKEL SISTEM PERBANKAN SYARIAH

This artikel ekonomi examine about Perbankan Syariah.
Definition of Islamic Banking can be interpreted as a developed banking system based on sharia (law) Islam. Business establishment of this system is based on the prohibition in Islamic religion to pick up or borrow with interest or so-called ban on usury and investment for businesses classified as haram (example: business relating to the production of food / drink unlawful, efforts are un-Islamic media, etc. ), where this can not be guaranteed by the conventional banking system.

SOME PRINCIPLES / LAW embraced by SYARIAH BANKING SYSTEM:
(PRINSIP HUKUM YANG DIANUT)

  1. Payment of loans with different value of the loan value with a predetermined value is not allowed.
  2. Funders to contribute to share profits and losses as a result of institutional efforts to borrow funds.
  3. Islam does not allow the "make money from money". Money is only a medium of exchange and not a commodity that has no intrinsic value.
  4. Element gharar (uncertainty, speculation) is not allowed. Both parties must know very well the results they would get from a transaction.
  5. Investments should only be given to efforts that are not forbidden in Islam. Such liquor business should not be funded by Islamic banks.

HISTORY OF SYARIAH BANKS IN INDONESIA

Islamic banking in Indonesia, was first pioneered by the Bank Artha Graha of Indonesia was founded in 1991. Banks are at the beginning of the establishment initiated by the Indonesian Ulama Council (MUI) and the government and received support from the Association of Indonesian Muslim Intellectuals (ICMI) and some Muslim businessmen. At the time of monetary crisis that occurred in late 1990, the bank was having trouble so that the remaining equity is only one third of initial capital. IDB and then give an injection of funds to these banks and in the 1999-2002 period can be up and generating profits.
Until the year 2007 there were 3 institutions of sharia banks in Indonesia, Bank Artha Graha of Indonesia, Bank Syariah Mandiri and Bank Mega Syariah. Meanwhile, commercial banks that already have sharia business unit is among 19 banks are large banks such as Bank Negara Indonesia (Persero) and Bank Rakyat Indonesia (Persero).
Islamic system has also been used by rural banks, has now developed 104 BPR Syariah.

Islamic banks working principle is the rule of Islamic law based on agreement between the bank and other parties for storage of funds and / or financing activities or other activities in accordance with Syariah.
READ MORE - ARTIKEL SISTEM PERBANKAN SYARIAH

ARTIKEL SISTEM EKONOMI ISLAM

This artikel discuss about Sistem Ekonomi Islam.
Economic System of Islam, or sharia is currently much discussion in Indonesia. Many among the people who insisted that the Indonesian government immediately implement the Economic system of Islam in Indonesian Economic system along with the destruction of Capitalism Economic systems. This paper will discuss about what the economic system of Islam / sharia it.

Definition of Islamic Economics / Syariah Islam according to some economists

  • M. Abdul Mannan

"Islamic Economics is a social science which studies the economic problems of the people who were inspired by Islamic values".

  • M.M Metwally

"Economics of Islam can be defined as the study of per4ilaku Muslims (believers) in an Islamic society that followed the Koran, Hadith of the Prophet, Ijma and Qiyas".

  • Hasanuzzaman

"Islamic economics is the knowledge and application of the recommendations and rules that prevent injustice syariah in obtaining material resources so as to create human satisfaction and enable them to carry out the commandments of God and the community".

History of Islamic Economic System

With the collapse of communism and the socialist economic system in the early '90s praised the system of capitalism as the only valid economic system. But in fact, the capitalist economic system and the negative consequences even worse, because many poor countries grow poorer and the rich countries are relatively few get richer.

In other words, capitalists failed to improve the life of the people's dignity, especially in developing countries. In fact, according to Joseph E. Stiglitz (2006) failure of the U.S. economy's 90 decades since this capitalist greed. Full failure of economic systems that have caused their respective economic systems have weaknesses or deficiencies are greater than their respective strengths. Weakness or lack of each economic system is more pronounced than the excess.

Because of weaknesses or flaws more apparent than the good cause that's what new ideas emerge about the economic system, especially among Muslim countries or countries with majority Muslim population that is Islamic economic system. Countries that the Muslim majority population to try to establish an economic system based on the Qur'an and Hadith, the Islamic economic system that has managed to bring Muslims on the Prophet's time improve the economy in the Arab Zazirah. Of thinking based on the Qur'an and the Hadith, they are developing Islamic Economics and Islamic Economic System in many Islamic countries including Indonesia.

Islamic Economics and Islamic Economic System is a manifestation of the Islamic paradigm. Economic development of Sharia and Islamic Economic System not to compete with capitalist economic system or a socialist economic system, but rather intended to seek an economic system that has advantages to cover the deficiencies of the economic system that already exists. Islam was lowered into the earth is intended to regulate human life in order to realize peace and happiness of life in the world and the Hereafter as the highest economic value. The people here are not merely Muslims but, all the people on the face of the earth. Peace is not merely life can meet the needs of abundant life in the world, but also can satisfy the soul as the provision of peace in the hereafter. So there must be a balance in fulfilling the needs of life in the world with the need for the afterlife.

Three Principles Concerning the economic system according to the Islamic Sharia

  1. Tawhid, it reflects the principle that the ruler and the sole owner of this universe is God Almighty.
  2. Khilafah, to present that man is the caliph or representative of God on this earth with a set endowed with spiritual and mental potential and completeness of the material resources that can be used to live in order to spread the mission of his life.
  3. 'Adalah, is an integral part with the goal of sharia (maqasid al-Sharia). The consequences of the principle of Khilafah and 'It is demanding that all resources are of God's mandate should be used to reflect sharia among other purposes, namely: the fulfillment of needs (need fullfillment), to appreciate the source of income (recpectable source of earnings), income distribution and welfare are equal (equitable distribution of income and wealth) and the stability and growth (growth and stability).

Four characteristics / nature of Islamic System

1. Unity
2. Balance (equilibrium)
3. Freedom (free will)
4. Responsibility
READ MORE - ARTIKEL SISTEM EKONOMI ISLAM

ARTIKEL TENTANG SISTEM EKONOMI KAPITALISME

This artikel examine about SISTEM EKONOMI KAPITALISME.
DEFINITION OF ECONOMIC SYSTEM OF CAPITALISM


Capitalist economic system is essentially an all rules of community life, including in the economic field, it is not derived from religion but left entirely to humans, what is considered beneficial. With the benefit principle (naf'iyyah) this is a good material that provides maximum benefit to human size and the bad is the opposite. So that the happiness in this world is nothing but the fulfillment of all material needs, whether it is material that can diindera and feel (good) or who can not but be felt diindera (services).

Economic Characteristics of Capitalism: (CIRI-CIRI)

  • Broad recognition of individual rights where ownership of the means of production in the hands of individuals and Inidividu free choice of employment / business are considered good for him.
  • Economy governed by market mechanisms where markets function provides "signals" kepda producers and consumers in the form of prices. Sought government intervention as small as possible. "The Invisible Hand" is set to be an efficient economy. The motive that drove the economy for-profit
  • Human beings regarded as homo-economicus, which is always pursuing their own interests. Based individualism and materialism, heritage ancient Greece (called hedonism).

Economic virtues of Capitalism: (KEBAIKAN)

  • More efficient in utilizing resources and distribution of goods.
  • Creativity of the community is high because of the freedom to do everything that the best himself.
  • Political and social supervision minimal, because the labor time and cost less.

Economic weaknesses of Capitalism : (KELEMAHAN)

  • There is no perfect competition. That there is imperfect competition and monopolistic competition.
  • Price system fails to allocate resources efficiently, because of the externality factors (not taking into account the pressing labor costs and other

Roy Davies and Glyn Davies (1996), in his book The History of Money From Ancient time oi Present Day, describing that as long as Century 20 has occurred 20 times more major crises that hit many countries. This fact indicates that on average every five years of financial crisis that resulted in great suffering for hundreds of millions of mankind.

The crisis that hit the United States began to appear from the stock index slumped sharply. A number of giant financial companies went bankrupt world. Home loan companies Fannie Mae and Freddie Mac debt warrants worth 5.3 trillion dollars or more than half of home loan debt in the U.S. collapsed.

At the end of his term, President George W. Bush must berjibaku save the two companies with cash poured money from its citizens tax of 200 billion U.S. dollars. Not only that, Lehman Brothers, one of the largest U.S. investment banks are also out of business. This is the final fate of the largest and oldest bank founded in 1844. Whereas in 2007, Lehman was reported total sales of 57 billion U.S. dollars. Even in March and Business Week magazine had time to place the company as one of the top 50 companies in 2008.

Other investment companies, like Merrill Lynch, who for years had become a giant Wall Street, also the same fate. Similarly, AIG, one of the largest insurance company, which pleaded for emergency funds injected 40 billion U.S. dollars from the U.S. government to avoid total bankruptcy. Magazine Wall Street Journal called it with the words, "the American financial system was shaken to the navel."

As a result of the crisis, some financial institutions that do not lose a bit; in the United States reached 300 billion U.S. dollars, whereas in other countries is estimated to 550 billion U.S. dollars.

To overcome the crisis, a number of countries, including the U.S., began poured billions of dollars into the capital markets. The way it is considered able to support the market and liquidity backup in order to move economic activity. There is even some direct intervention to the level of nationalization of some banks, as happened in England.

The cause of the economic crisis the country is the accumulation of Uncle Sam's national debt reached 8.98 trillion U.S. dollars, reducing corporate taxes and the swelling cost of wars in Iraq and Afghanistan. The most crucial is the subprime mortgage, the loss of property securities that bankrupted Lehman Brothers, Merryl Lynch, Goldman Sachs, Northern Rock, UBS and Mitsubishi UF.

The crisis that hit the U.S. is sharply highlighted by the mass media in Europe, as quoted in Pinara.net. For example, the Italian daily La Republica, published in Rome, commented, "We have a recession hit the United States a very serious and painful. Now the question is, how bad this crisis phase, and whether it will be able to undermine the U.S. economy suddenly?"

Further daily football country revealed, the European community, especially the European Central Bank, knew it was an illusion and still expect the region was still able to protect or ward off the impact of severe economic crisis in the United States. However, in the crisis in 2008, Europe will no longer be able to withstand the impact of the economic crisis of the United States and will join crushed.

French Daily dernières Nouvelles d'Alsace which was published in Strassburg also commented on the sharp economic crisis the world. "In Germany, trade unions demanding pay rises to 8 percent to offset the purchasing power continues to decline. In France the decline in purchasing power is also a topic of discussion."

The paper states, in fact declining purchasing power is not just a matter of France, but also experienced by all European countries. As a result, economic growth corrected downwards. "The credit crisis in the United States shows just how vulnerable the monetary globalization," the daily wrote.

The impact of global crisis was also felt German. Daily circulation in Germany, Der Tagesspiegel, published in Berlin commented, "If not all the fears become reality, now look how bad the German preparations to face a decrease Konjunktur ... State could no longer restore the ability to act. Politics as a whole failed to take advantage of the speed Konjunktur. health insurance, retirement funds and foundations labor market is no longer immune from the crisis. "

Media glare that is evidence that the economic crisis this time receive the effects is very large. Fear of a greater crisis now enveloped almost as big countries in the world.
READ MORE - ARTIKEL TENTANG SISTEM EKONOMI KAPITALISME

Wednesday, September 16, 2009

ARTIKEL&ANALISIS PENYEBAB KRISIS EKONOMI

This article examine about "ANALISIS PENYEBAB KRISIS EKONOMI".
Economic crisis of 1997 destroyed the global economy. Not view the economy of developing countries or developed countries. Although this crisis is more popular known as "CRISIS ASIA", but not only Asian countries are affected. All have been affected by this crisis. Which in turn affects the quality decline in the welfare of every citizen. This is due to the monetary sector is never, and will never, loose connection with the real sector. Since, however, the existence of the monetary sector with all policies and other financial institutions that sustain it can not stand alone. As good and clever as any of this sector, is essentially a facilitator for the real sector. Next, we will conduct an analysis of the impact of economic crisis for Indonesia.

CAUSE OF ECONOMIC CRISIS BY THE EXPERT IDENTIFICATION:
  1. Fenomena productivity gap (the gap productivity) are closely related to the weak or the asset allocation of production factors.
  2. Fenomena diequilibrium traps (traps imbalance) associated with the production ketidakseimbanagan intersectoral structure
  3. Fenomena Loan addiction (dependence on foreign debt) associated with the behavior of business actors who tend to mobilize funds in the form of foreign currency (foreign currency)

IMPACT OF ECONOMIC CRISIS TO INDONESIA

In June 1997, Indonesia seemed far from crisis. Unlike Thailand, Indonesia had low inflation, trade surplus of more than 900 million dollars, foreign currency supply a large, more than 20 billion dollars, and a good banking sector.

But many Indonesian companies borrowed a lot of U.S. dollars. In the following year, when the rupiah strengthened against the dollar, these practitioners have worked well for the company - the level and effectiveness of their debt financing costs have been reduced at the time of the local currency price increases.
In July, Thailand develop baht, Indonesian monetary authorities widened the trade route from 8 percent to 12 percent. Began suffering from a strong rupiah in August. On August 14, 1997, floating exchange regularly exchanged with the floating exchange-free. Rupiah falls more deeply. IMF aid package comes with 23 billion dollars, but the rupiah to fall deeper into debt because of fears of the company, sales dollars, a strong dollar demand. Rupiah and the Jakarta Stock Exchange touched the lowest point in Septemer. Moody's lowered the long-term debt Indonesia to "junk bond".
Although the rupiah crisis began in July and August, the crisis was strengthened in November when the effects of devaluation in the summer appeared in corporate balance sheets. Companies that borrowed in dollars have to face greater costs caused by the decrease in the rupiah, and many reacted by buying dollars, that is: sell dollars, lowering prices even further rupiah.
Inflation of the rupiah and the increase in food prices caused confusion in this country. In February 1998, President Suharto sacked the governor of Bank Indonesia, but this is not enough. Suharto was forced to resign in mid 1998 and BJ Habibie became president.

VALUABLE LESSON to be drawn from ECONOMIC CRISIS

  1. Need to reform governance and development management. For example, How can vulnerability Indonesia fee structure focused only on one side of the problem is with the establishment of Export team. Fitting, the government reviewed deeper problem, namely on the production and distribution.
  2. Reform the system of decision-making. If governments want to intervene, its effectiveness is determined by the precise timing and adequate magnitut.
  3. Institutional development needed to sustain the increased dynamics of the healthy economy that could reduce the cost of transactions (transaction cost).
READ MORE - ARTIKEL&ANALISIS PENYEBAB KRISIS EKONOMI

ARTIKEL TENTANG GLOBALISASI

This Artikel discuss about Globalization (Globalisasi). Globalization is not a new phenomenon in the history of world civilization. Before the emergence of nation-states (nation-state), trade and transcontinental migration has long progress.Previously,regional trade has made the tribal interaction occurs naturally.

Various Definitions of Globalization

Globalization as a multi dimensional phenomenon at some point bear a variety of perspectives. On the one hand, the scientists think that globalization is a paradigm of science (grand theory) in a social science course, but if we look at the broader aspects of the globalization of the resulting implications of globalization also led to significant changes to the pattern of development of world science and technology .

Globalization as a concept is always synonymous with the concept of sovereignty of a country's reduction, elimination of a state boundary, leading technology, refinement and development of the world trade transactions based on the idea of free trade.

In view of Japanese sociologists, such as Kenichi Ohmae globalization not only brings a global ideology in this case, liberal democracy, but also threaten the nation-state formation process, because globalization is essentially to bring the country without borders (Borderless).

In the early 1970s reached the stage of capitalist development and the pattern of gold at the technological developments that many adopt high technology development (high technology) but when the 1990s era of globalization comes the pattern of technological development became more humane and full of flavor.

Implications of Globalization

As an approach that has multi-dimensional implications of globalization must also be multi-implications, for example for example in the context of the development of social sciences will also indirectly implicated in changes in the world of science and technology.

In the late 18th century and early 19th century when steam engines were introduced, this time that the logic of capitalism as an economic ideology introduced.

On the other hand, the concrete in the political dimension, there are two consequences of the discovery of the steam engine, first, the competition for control of land between the landowners and the second, berkembanganya understand capitalism.

As a result of capitalism is then approaches in the social sciences to move beyond the emergence of capitalism anti Tesa ie Marxist approach, an approach that tried to break the chain and the rip cord pattern 'serakahisme' man.

In the era of the 1970s, capitalism reached the golden stage, a stage where the development of the world, especially developing countries and are building should be included in the scenario of modernization, the focus of modernization in third world countries when it is high technology-based development.

In the era that gave birth to a development scenario in the dependency (dependent development) between the third world countries and developed countries. On the other hand, this stage which gave birth to a new antitesa social science approaches in general, so-called neo-Marxist approaches.

If at this early stage of the campaign antitesa to eliminate human 'serakahisme' the economic dimension, then at an advanced stage of neo-Marxism led to the countries from the third world development scenarios in the dependency (dependent development) through economic independence and build a more robust network of inter - countries third world.

In the context of the technology world, the era of the 1970s due to the manifestation of the development of dependence (dependent development), the world's nations three more major weight technological development such as machinery and manufacturing base and a little over humanism in the development of these technologies.

In more dimensions, globalization is also producing an approach that not only are the social sciences, but also ansich barking and tangent sciences development of science and technology. These effects are manifested at least in the paradigm changes in state policy from the pressures arising from globalization developments.

This is a contrast, when globalization became a major approach in the social sciences is the development patterns of dramatic technological change, technological developments in the current era of very detailed attention to aspects of humanism and not just talking just technology but also the aspect of art and aesthetics.

For example, HP or mobile phone at present is not merely a means of communication (phone and sms) alone, more than that, the HP's enterprise vendors is no longer compete in terms of a spirit function culture-based competition 'taste' in every creation Hp as an example of Blackberry and Communicator. This concrete above which is the result of globalization approach which entered the realm of technological development. In the final conclusion, globalization is a multidimensional phenomenon that paved the limits not only the political dimension, economic, social, but also the implications to stage the world affect the development of science and technology.
READ MORE - ARTIKEL TENTANG GLOBALISASI

ARTIKEL KEBIJAKAN MONETER

Monetary Policy Article (Artikel Kebijakan Moneter) on this highlighted the role of monetary policy is its impact on Indonesia and the Economy Indonesia.Dalam free exchange rate system and perfect capital mobility, monetary policy is more effective than fiscal policy in an effort to achieve balance and monetary stability makroekonomi.Kebijakan larger role in stimulating recovery effective monetary ekonomi.promising achievement of low inflation Policy, stable exchange rates and interest rates.

One of the effects of capitalism that is uncontrolled fluctuating money without a standard reference standards. The concept of money which was originally used as:

  1. tool exchange or payment media
  2. means for storing the value
  3. calculating unit tool
  4. also used as a means of speculation.

When the money traded on the foreign exchange market will continue to fluctuate in value following the market price (supply and demand). Based on reality, the real exchange rate by fiat money, which made money trading commodities is very, very hurt individual and society. For example the number of Indonesia's foreign debt which had U.S. $ 102 billion in just one year rose five-fold to U.S. $ 510 billion, a result that funds should be utilized for the welfare of the people living in accordance with the mandate of the 1945 Constitution, drawn mostly to pay interest and loan principal. To close the budget deficit the government again had to rely on debt as a source of funding.

Economists agreed the characteristics of a country vulnerable to financial crisis is that State if:

  • Has a number of foreign debts large enough
  • Experiencing uncontrolled inflation
  • Balance of payments deficit of
  • Currency exchange rates are not balanced
  • Interest rate on equity

If the characteristics of the above owned by a country, then certainly the State is only a matter of time of economic crisis.

What Economists on the causes of the crisis of Islam

Interesting record, is the Islamic economists' opinions about the causes of the crisis. The crisis occurred because the imbalance between the monetary sector to the real sector. In Islamic economics this is called usury. The monetary sector (finance) grew much more quickly leaving the real sector (goods and services). In line with the principles of capitalist economy becomes mecca of the world economy after the collapse of the socialist that is carried by the Soviets did not connect at all between the real sector with the monetary sector. Both stood separately.

The rapid growth of the monetary sector is outpacing growth in the real sector can be observed in the movement of transactions in the stock market and foreign exchange markets are filled with ribawi practices and speculation. Peter Ducker (1980), a management expert said that the symptoms of imbalance between the rate of growth of the monetary sector with a growth rate of real sector (goods and services) due to the decoupling of the monetary sector keterlepaskaitan between the real sector. This imbalance, of course, a serious threat to the world economy. The speculators in the stock market and foreign exchange market will easily buy or removing their assets without regard to the stability of the currency of a country. In the event of panic, the value of the currency will initially free-fall ride that speculators took off all his assets to the market and move its investments into other markets that provide benefits. How much money is circulating in the market without significant movement offset from the commercial sector / service cause the value of money to be dropped so that the prices be rising. Situations like this lead to the growth of uncontrolled inflation.

To ensure the stability of the monetary sector and real sector, the role of government in this case the Central Bank is very much needed.
Bank Indonesia has a goal to achieve and maintain stability in the rupiah. To achieve these objectives, the BI needs of monetary policy instruments to influence the money supply, among others:

  1. Compulsory reserves (Giro Wajib Minimum)
  2. Open Market Operation Agreement With Buyback (Open market repurchase agreements)
  3. Interest Rate Discount.


To create a balance between the monetary sector to the real sector policies that can be taken are:

  1. Strictly controlling or limiting the amount of money circulating in the community.
  2. Accelerate the velocity of money circulating in the community. To accelerate the velocity of money the government must remove the system of interest / usury banking body. If the interest rate system eliminated the real sector will be moved because the fund is fully invested in the real sector to earn profits.
READ MORE - ARTIKEL KEBIJAKAN MONETER

MAKALAH AUDIT INFORMASI SURAT BERHARGA

This paper (makalah) examine about 'Audit Informasi Surat Berharga'.
Investment is an investment money out of companies that can be securities or other assets that are not used directly in the productive activities of the company. Investment can be done by purchasing stocks or bonds. Integration of foreign investment can be divided into two types., Namely the long-term investment and short-term investments (marketable securities).

The purpose of short-term investments in stocks and bonds is to invest temporary cash used in corporate business activities and is also used by companies to obtain capital gains.

The purpose of the long-term investments in stocks and bonds is to earn interest or dividends in the long run. Companies can also be used to control other companies through stock ownership.

Contents (Definition according PSAK No. 50 in 2007)

Securities (security) are securities, which debt instruments, commercial paper, shares, oblgasi, the evidence of debt, units of collective investment contracts, futures contracts on securities, and any derivatives of securities.
Debt Securities (debt security) is the effect of showing the relationship between creditor debt receivable by the entity issuing securities.
Equity Securities (Equity Security) is the effect of showing the rights of an equity ownership or right to acquire (eg, warrants, purchase option) or the right to sell (for example: option to sell) the property at a price that has been or will be established.

SECURITIES INVESTMENT ACCOUNTING

At the time of acquisition, the company must classify the debt securities and equity securities into one of the three following groups:

  1. Held to maturity (held to maturity), debt securities according to the intention and ability of the company will be owned until maturity.
  2. Traded (trading), debt securities purchased and held primarily for sale in the near future to mengahsilkan Capital Gains.
  3. Available for sale (available for sale), debt securities that are not classified as securities held to maturity or trading.

Classified Securities Group "Held to Maturity"

If the company has intention to have the debt securities to maturity, the investment in debt securities should be classified in the group "held to maturity" and are presented in the balance sheet at cost after amortization of premiums or discounts.

The Company may change from "has a certain debt securities to maturity" in selling or transferring debt securities. The sale or transfer of debt securities are not considered a change in purpose "held to maturity" if the change is caused by the following conditions:

  1. There is evidence of a significant reduction in corporate credit risk securities issuer.
  2. Change tax laws that eliminate or raise the final tax rates that apply to interest on debt securities (not including changes in tax laws that revise the tax on the interest rates in general).
  3. Merger occurs or the sale of large quantities (such as segment sales) that result in the need for the sale or transfer of securities in the group "held to maturity" to maintain the company's credit risk and interest rate risk position is that time.
  4. Changes in requirements or regulations that significantly change the definition of permitted investments or investments that the maximum level permitted in certain types of securities, so the company must release the securities in the held to maturity.
  5. There is a change of government regulations regarding minimum capital that resulted in a particular industry reduces the company's business activities or the scale of operations and sell securities in the held to maturity.
  6. Changes in government regulation that resulted in increasing the risk weighting on investment in debt securities in the calculation of certain ratios, for example in the calculation of solvency of insurance companies or the calculation of bank capital adequacy ratio.

Besides the changes described above, other events that are not recurring and extraordinary character that can not be anticipated, can cause a company to sell or transfer certain securities in the held to maturity, without having to question the original purpose of the group ownership of securities held to maturity considers effects in the same group.

Companies should not classify debt securities into the group "held to maturity" if the company has the intention to have an effect for an unspecified period. Hence the effects of debt should not be classified in this group if the company intended to sell these securities, for example, to deal with changes in market interest rates and changes associated with similar risks, and for liquidity needs.

In the management of assets and liabilities an entity, management may determine that the balance of the company's financial risk management can be achieved without the need to provide all the investment in the securities to be sold in times of need. In this regard, companies can determine that certain debt securities are classified in the group held to maturity and will not be sold to financial risk management objectives. Based on ownership objectives such debt securities, corporate debt securities can be admitted that the cost method (including amortization of discount or premium).

Classified Securities Group "Traded" and "Available for Sale"

Investments in debt securities that are not classified into the "held to maturity and equity securities at fair value are available, should be classified into one of the following groups and measured at fair value on the balance sheet:

  1. "Traded". Securities purchased and held for resale in the near future should be classified in the "trading". Securities in the "trading" usually indicates the frequency of purchases and sales are frequent. This effect has a goal to generate profit from short-term price differences.
  2. "Available for sale". Securities that are not classified in the "trading" and in the group "held to maturity", to be classified in groups "is available for sale".

Naturally Value Reporting Changes

Gains or unrealized losses on securities traded in the group must be recognized as income. Gains or unrealized losses on securities in the available for sale (including securities that are classified as current assets) should be included as a component of shareholders' equity are presented separately, and should not be recognized as income until such gains or losses may be realized.

For the third group effect, dividend and interest income, including amortization of premium and discount arising at acquisition, was always recognized as income. This statement does not affect the method used to recognize and measure the amount of dividend and interest income. Gains or losses that have been realized for the effects of which are classified in the group is available for sale or held to maturity are also still to be reported as income.

Change Investment Group

Transfer of intergroup effects recorded at fair value. At the date of the change, profits or unrealized losses must be recorded as follows:
to effect transfer of the trading, profits or unrealized losses on the transfer has been recorded as income and therefore should not be

  • Deleted.
  • To the effect that transferred to the trading, profits or unrealized losses on the transfer date is recognized as revenue at that time.
  • For debt securities is transferred to the available for sale from the held to maturity, profits or unrealized losses recognized in equity as a separate group on the transfer.
  • For debt securities that are transferred to the available for sale from the held to maturity, profits or unrealized losses on the transfer date should be fixed are reported in the equity component separately, but must be amortized over the useful effect in a manner consistent with the amortization of premiums or discount. Amortization of gains or unrealized losses will be commensurate with the effects of amortization of premium or discount on interest income from securities in the held to maturity.

Decline Securities Value

For the individual effects in the group is available for sale or held to maturity, companies must determine whether the decrease in fair value below acquisition cost (including amortization of premiums and discount) is a permanent reduction or not. If it is possible investors could not get back the entire amount of cost that should be received in connection with the terms of the settlement of debt securities, the decline is considered permanent has happened.

If the decline in fair value judged as a permanent decline, the cost of their individual effects have to be reduced to fair value, and the amount of depreciation should be recognized in the income statement as a loss that have been realized. The new acquisition cost should not be changed back. The increase in fair value subsequent effect in the group available for sale must be included in a separate component of equity. Further decline of the fair value, if not a temporary decline in value, should also be included in the equity component separately.

Serve:

Companies with a balance of assets classified into current assets, fixed assets and other assets are grouped manjadi duty short-term liabilities and long term (classified balance sheet) must report all traded securities as current assets. Securities in the held to maturity and securities in the available for sale are presented as current assets or non-current assets based on management decisions. Especially for debt securities in the held to maturity and the group is available for sale due next year should be classified as current assets.

In a cash flow statement, cash flow used for or derived from the purchase, sale, and maturity effects in the group is available for sale and held to maturity, to be classified as investing activities cash flow, and reported gross value for each group of securities in the cash flow statements. Cash flow to or from the purchase, sale, and maturity securities traded in the group should be classified as operating cash flow activity.

Disclosure

To effect the group is available for sale and the group held to maturity, the following information must be disclosed in the notes to the financial statements for each main group effect:

1. aggregate fair value,
2. Unrealized profits from the ownership effects,
3. Unrealized losses from the ownership effects,
4. acquisition costs, including the amount of premiums and unamortized discount.

For debt securities in the available for sale and the group held to maturity, information on maturity dates of debt securities must be disclosed in the notes to the financial report presented last year. Information on the due date can be grouped according to the time period from the date of the balance sheet. Financial institutions must disclose the fair value and acquisition cost of debt securities, including discount and unamortized premium on the basis, at least, 4 groups of maturity dates below:

1. maturities of less than 1 year,
2. maturities of between 1 to 5 years,
3. maturities of between 5 to 10 years,
4. maturities of more than 10 years.

Securities that are not due on a certain date, such as the effect guaranteed mortgage payment, can be expressed separately (not allocated to the several groups such maturity). If the maturity classification is allocated, its allocation basis must be disclosed. For each accounting period, the company must disclose:

  • Revenue from the sale of securities in the available for sale, profits and losses realized from the sale.
  • Basis for determining the acquisition cost in calculating the gain or loss is realized (for example, specific identification, average, or other methods).
  • Profit and loss is included as income from the transfer of the grouping effect of the group is available for sale to the trade group.
  • Changes in profit or loss Unrealized ownership for securities in the available for sale that have been incorporated into a separate component of shareholders' equity during the period.
  • Changes in the ownership of profits or losses unrealized effects of traded securities for the purpose of which has been recognized as income in the reporting period.

For every sale or transfer of securities in the held to maturity must be disclosed:

  • Number of accumulated amortization of discount or premium for the securities sold or transferred to other groups,
  • Profit or loss selling effects, whether they are realized or unrealized, and
  • Conditions that lead to the decision taken to sell or transfer such securities group.

BOND

Various kinds of bonds:

  1. If the terms of maturity: ordinary bonds and bond beam.
  2. Common bond is a bond which matures at the same time.
  3. Serial bonds are bonds that successive maturity in certain periods.
  4. If the terms of the guarantee: guaranteed bonds and bonds are not guaranteed.
  5. Guaranteed bonds are bonds that give investors a guarantee on the company can not pay its debts, investors can claim the guarantee.
  6. Unsecured bonds are bonds that do not provide a guarantee to investors the company can not pay its debts, investors can claim the guarantee.
  7. Bonds are guaranteed by other parties (warranty bond)
  8. Bonds that can be exchanged for shares.
  9. If the terms of its form: bonds and bonds on behalf of coupons.

Bonds on behalf of the interest may be taken only by those who are enrolled so that if the sale must be reported to the company that issued the bonds. Coupon bonds are bonds that is free, not the name. Each sheet is accompanied by bond coupons of interest payment date. Coupons were used to take flowers.

The purchase price of bonds is not always for its face value. The amount is determined by the price of the bond interest rate. The greater the interest, bond prices higher and conversely the smaller the interest bonds, the lower the price. If the percentage exceeds the bond's interest rate on the market, bond prices will be above the nominal value (with agio), but if the bond's interest rate lower than market interest rates below the nominal value of the price (with disagio).

To determine the amount of bond prices can be done by calculating the cash value of the amount due plus the cash value of the interest will be accepted.
If the bonds purchased between interest payment dates, the buyer pays the purchase price plus the interest rates run from the last interest payment date until the date of purchase of bonds. Interest payments this way is the acquisition price of bonds.

BOND EXCHANGE

If bonds are owned exchanged with other securities, the investment account in the bond account is closed and opened a new investment. Marketable securities received for the price recorded on the stock, the difference with a book value of bonds is recorded as profit or loss.

SHARE

Investments in shares are classified as long term investments which are usually done with the following objectives:

  • To supervise other companies.
  • To obtain a fixed income each period.
  • To establish a special fund.
  • To ensure continuity of supply of raw materials.
  • To maintain inter-company relations.

The method of recording capital stock under PSAK No. 15:

  • Method Cost of (Cost Method)

Investments in shares in other companies that amount is less than 20% and can not affect the company whose shares are owned recorded by the method of the base price. In this method of investment in shares will be included in the balance sheet for the price anyway. Changes in market prices are not recorded and the loss or profit is recognized only when the shares are sold.
FASB Statement No. 12 states if the investments made in stocks that meet the requirements to be called ssecurities marketable, then the company can use the method of the base price or market price lower, as in the case of short-term investments.

  • Method Ownership (Equity Method)

By using this method, investments are recorded for the price anyway. Each end of each accounting period, the base price is changed in accordance with the profit or loss derived owned companies. Dividends received from shares is recorded to reduce the investment balance in stock. Part profits or losses by investors is recorded as profit or loss for the year concerned.

  • The consolidated financial statements

This method should be used if the investor has other shares more than 50% of the amount outstanding. In this case the parent company financial statements (parent company) should be consolidated with the report of subsidiaries (subsidiary company).

PURCHASE OF SHARES

Basic price is the sum of all money paid in the purchase (exchange rates, commission fees, stamp duty, etc.). Amount will be recorded by debiting the stock investment accounts.
If the purchase of shares lumpsum done (with) the purchase price allocation is based as follows:

  • If the market price of each share purchased is known, the allocation is based on the relative proportion of each stock.
  • If a known market price of just one type of stock, the stock market price is known, is treated as the cost of these shares and the rest is the cost of other types of shares.
  • If the market price of each share purchased was not known, then the basic price allocation deferred until one can know the price of the stock market.

DIVIDENDS

Dividends received by shareholders in the amount depending on the number of shares owned. Dividends received in the form of shares of stock shares the company is called stock dividends.

SECURITIES BOND CRITICAL POINT

  1. Financial statement presentation. Bonds as collateral or mortgaged to the disclosure.
  2. Interest income earned from investments in bonds. Interest income to be received in the period to come, and yet they are entitled may be recognized as interest income in the period.
  3. Decline in value. Each must be evaluated at each reporting date to determine whether the investment has decreased the value (impairment) who are not temporer.Jika reduction was not considered temporary, the cost basis of any securities kedasar lowered until the new fees. The rate of decline was calculated as the unrealized losses and therefore included in net income. To test the securities decline in value of bonds is shown to determine whether "a big possibility that investors will not be able to collect all amounts due according to contractual requirements". For securities shares, factors to consider is how long and to what extent fair value under the cost condition, financial condition and short-term prospects and intentions emitennya and investors the company's ability to maintain their investments in order to enable it to perform recovery in fair value that had been anticipated. Decline in value of the test used for stocks and bonds based on the fair value test.
  4. Transfer between categories. Transfer between categories accounted for at fair value. If the securities are available for sale investments transferred to held to maturity, then this nautical investment (which has reached maturity) recorded on the date of the transfer are recorded at fair value of the new category. If the investment is held until maturity investments transferred into the available for sale, then the new investment (which is available for sale) are recorded at fair value.
  5. Controversy fair value. The main issues that arise include: (a) Measurements based on intentions, securities bonds can be classified as securities held to maturity, available for sale, or trade. As a result, the three bonds are identical securities can be reported in three different ways in the financial statements. In addition, the category has reached maturity only based on mere intention, which is a subjective evaluation. (b) Trading profit, a particular bond can be classified as bonds held until maturity and therefore reported at amortized cost, while the bond can be classified as securities available for sale and reported at fair value with gains or losses are reported as unrealized profits komprehensif lainnya. (c) The obligation is not considered to be reasonable, if an investment securities should be reported at fair value, then the obligation should be.

CRITICAL POINT SECURITIES SHARES

  1. Ownership, existing securities in the companies really belong to the company.
  2. Assessment, the stock is properly valued in accordance with existing conditions.
  3. Recording / Dividend Income recognition, dividend income will be received in future periods may have been recognized as dividend income in the period the company.
  4. Events / unusual transactions, the effects of financial crises that occurred in a country that could affect the company's situation.
  5. Accounting changes, accounting changes that are not necessarily followed in the recording made by a company that may cause the over-or understated.
READ MORE - MAKALAH AUDIT INFORMASI SURAT BERHARGA

Tuesday, September 15, 2009

RESTRUKTURISASI DAN PRIVATISASI BUMN|ARTIKEL

This artikel discuss about RESTRUKTURISASI DAN PRIVATISASI BUMN
Before taking steps to Restructuring and Privatization of State Owned Enterprises (SOEs) in relation to the Indonesian economy, they should our first question about the justification BUMN.Hal presence is important because what is the use to tamper with something that probably should not have rights economic life and / or become a burden if the government continue to manage it.

FIVE FACTORS behind the existence of BUMN

1. Pioneer or pioneers because private wrestle not interested
2. Managing business areas are "strategic" and implementing public service
3. Balancing the forces of large private
4. Revenue Sources
5. Results from the nationalization of Dutch companies

DEFINITION OF RESTRUCTURING AND PRIVATIZATION OF BUMN

BUMN Restructuring understanding is improving state of health / development companies and business performance through the usual standard system applies in the corporate world.
SOE Restructuring Objectives:

  1. Changing control of the state government which had been directly (control by process) to be based on the results of the control (control by result). Control over state enterprises no longer need through various formalities rules, guidelines, licenses and others, but through determination of target-qualitative and quantitative targets to be achieved by the management of SOEs, such as ROE (Return On Assets), ROI (Return On Investment) and certain others.
  2. Empowering SOE management (empowerment) through increased professionalism on the Board of Directors and Board of Commissioners
  3. Reorganized to restructure the position and function within the framework of state enterprises in the era of globalization (AFTA, NAFTA, WTO) through a process of restructuring, consolidation, merger (merger), separation, liquidation and formation of a holding company to be selective.
  4. Examine various aspects associated with the performance of SOEs, including the implementation of corporate management system that uniform (still consider the specific characteristics of each state), the review of payroll (remuneration), rewards and sanctions (reward & punishment).

Understanding Privatization is essentially removing the monopolistic government control over BUMN. As a result of government controls over state-owned monopoly distortions caused, among others, the pattern of management of SOEs to be the same as government bureaucracy, there is a conflict of interest between the functions of government as regulator and provider of business and become fertile ground state grows a variety of practices Corruption, Collusion and Nepotism and tend not transparent. The fact proves that there are no corrupt (rarely found) on the state-owned enterprises has become a public company (went public).

Benefits of BUMN Privatization

  1. BUMN will become more transparent, so as to eliminate the practice of KKN.
  2. BUMN management to become more independent, including freedom from bureaucratic intervention.
  3. BUMN will gain market access to global markets, in addition to the domestic market.
  4. BUMN will obtain new equity capital in the form of fresh money that development is faster.
  5. BUMN will obtain the transfer of technology, especially technology production processes.
  6. The transformation of corporate culture is slow, bureaucratic culture, a lively corporate culture.
  7. Reducing the budget deficit, because the funds in part to increase the cash budget.
  8. BUMN will increase operational performance / finance, because the management company more efficient.

Controversy RESTRUCTURING AND PRIVATIZATION OF BUMN

Parties who agree with the privatization of state firms argue that privatization should be done to improve the performance of BUMN and closing devisit Budget. With the privatization of SOEs is expected to be able to operate more professionally again. Logically, with the privatization of over 50%, then the control and implementation of state policy will shift from government to new investors. As the largest shareholders, new investors will certainly try to work efficiently, so as to create the optimal profit, able to absorb more labor, and could provide a better contribution to the government through tax payments and dividend distribution.

Those who do not agree with the privatization argued that if privatization is not implemented, then the ownership of BUMN remained in government hands. Thus, any gains or losses are borne entirely by the government. They argue that the budget should be closed devisit with other sources, not from the sale of BUMN. They predict that the budget deficit will also occur in the coming years. If BUMN are sold each year to cover the budget deficit, when the state will be a sold out and the budget deficit in coming years will still happen.

Controversy over the privatization of state enterprises also arise from privatization in terms of Article 1 (12) of Law Number 19 Year 2003 About the SOE which mentions:

"Privatization is the sale of shares of Persero, either partially or wholly, to other parties in order to improve performance and corporate value, expand benefits for the state and society, and expand share ownership by the people".

In the article explained that the privatization of some pernjualan stock and all, the word that contains all of this controversy for people because if it sold shares to the government seuruhnya kepemilkan these SOEs have gone turned into private property and move, it's not another state but the private companies that feared servants public to be abandoned if the community is managed by the private sector should be privatized, and if only 49% maximal Part and the government should remain as the majority shareholder to state-owned assets are not lost, and switch to private and state enterprises as public servants still played by the government

Meanwhile, the government itself forced to privatize in order to close the budget deficit. Other than the budget deficit was closed by foreign debt are also covered by the deposit of privatization and IBRA. Thus, as if privatization is only meet short-term goals (to close the budget deficit) and not to maximize value in the long term. If the government had taken steps to privatize the policy, technically state involvement in strategic industries no longer exist and the government just watched through the rules and ethics of business are made. Concretely, the government should separate the functions of state institutions and business functions which sometimes overlap and still later handed over to private management.

The fact indicates that the management was done by the private sector in general results more efficiently. Based on the experience of other countries shows that the country would be better not immediately run an industrial operation, but simply as a regulator of creating a conducive business climate and enjoy the results through tax revenues.

Therefore, privatization can be considered successful if the efficiency, a decline in the price or service improvements. In addition, privatization is not just about economic issues alone, but also about issues of social transformation. In it comes to the constitutional basis for privatization, the extent to which privatization can be accepted by the public, employees and the political elite (parliament) so as not to cause turmoil.

THREE STEPS TO URGE GOVERNMENT TO DO IN THE MATTER RESTRUCTURING AND PRIVATIZATION OF BUMN

  1. Changing the orientation of the implementation of the privatization program of short-term to long term. That is, the conduct of the privatization program is not only intended to lure foreign investors and the achievement of the state budget revenue target, but the immediate purpose is to develop a strong foundation for the development of national economy
  2. Privatization Act soon issue that can guarantee the privatization process in a democratic and transparent. In this Privatization Law should not only set about the process of privatization of state enterprises, but must also include the privatization process of public enterprises and other public property. All that is not only necessary to protect the public interest, but also to clarify the role of the state in managing the national economy.
  3. Immediately dissolve the state enterprises minister's office and turned it into an autonomous body under the name Agency BUMN Restructuring and Privatization (BPP-SOEs). Agency which has equal status with the National Bank Restructuring Agency (IBRA), not only in charge of selling state enterprises, but especially encouraged to give priority to improving the performance of BUMN in order to really benefit the economic future of Indonesia.
READ MORE - RESTRUKTURISASI DAN PRIVATISASI BUMN|ARTIKEL

Monday, September 14, 2009

ARTIKEL TENTANG PAILIT (BANKRUPTCY)

This artikel examine about Bankruptcy (Pailit)
Since the monetary crisis hit Indonesia, which is about the year 1997 many large companies experiencing financial difficulties. This resulted in a lot of these companies went bankrupt and was forced out of business. This situation actually is an undesirable situation by all parties, but because of the economic crisis in our country's bad enough that this situation can no longer be avoided.

Bankruptcy is one way used by creditors or by the debtors to resolve "problems" they are, because the nature of the debtor's bankruptcy is to avoid the arbitrariness of the creditors, while the nature of bankruptcy for creditors is to obtain assurance of payment. As a result of bankruptcy for the debtor and the property is property the debtor will be confiscated to be sold, and the debtor no longer be eligible to manage these assets, because of him will be done by the curator. Bankruptcy own meaning according to Law No. 37 of 2004 namely:
"A general confiscation of all property (assets) that the management and settlement made by the curators under the supervision of a judge supervisors as stipulated in the Law."

Bankruptcy occurs when the debtor can no longer pay its debts, as for the full provisions of the bankruptcy requirements set forth in Article 1 of Law No. 4 of 1998, namely:
"Debtors who have two or more bkreditur and do not pay at least one debt which has fallen due and may be charged, is declared bankrupt by a competent court referred to in Article 2, either at his own request or at the request of one or more creditors."

Terms of Juridical for bankruptcy are:

  1. The existence of debt
  2. At least one debt is due and can be charged
  3. The existence of the debtor
  4. The existence of creditors (more than one)
  5. Bankruptcy petition statement
  6. Declaration of bankruptcy by the Commercial Court

As for the parties that can make a request of bankruptcy is:

  1. Debtor
  2. Creditor
  3. Attorney general interest
  4. Bank Indonesia
  5. Capital Market Supervisory Agency

The steps that are in bankruptcy is 9 steps, namely:

  1. Bankruptcy petition, bankruptcy petition requirements have been stipulated in Law no. 4 In 1998, as what has been written above.
  2. Bankruptcy decision power remains, the period of the petition in bankruptcy until the bankruptcy decision power to stay is 90 days.
  3. Meetings verification, is meeting registration debts, in this step is data collection and how much debt is owned by the debtor piutangyang. Verification of the debt is the most important stage in the bankruptcy because the order of consideration will be given the rights of each creditor. Verification meetings led by supervisors and judges attended by: (a) the Registrar (as scribe), (b) Debtor (not represented because the debtor will have to explain that later on there differences of opinion about the bill, (c) The lender or their proxies (if absent to present no nothing, will follow the meeting), (d) Receiver (must be present for an asset manager).
  4. Peace, if peace is received then the bankruptcy process ends, otherwise it will proceed to the next process. The peace process and scheduled always sought. There are several differences between the peace that occurred in the bankruptcy process with the usual peace. Peace in the bankruptcy process include: (a) binding on all creditors unless the creditor separatists, because the lender has guaranteed its own separatist with a separate security body with general bankruptcy assets. (b) bound formality, (c) the ratification of the trial homologation, (d) if the court denies the existence of legal trade cassation, (e) there eksekutorial power, what is stated in peace, its implementation can be done by force. The stages in the peace process, among others: (a) submission of proposals for peace, (b) the announcement of peace proposals, (c) decision-making meeting, (d) the trial homologation, (e) appeals legal efforts, (f) rehabilitation.
  5. Homologation get along, ie request for approval by the Commercial Court, if the peace process received.
  6. Insolvency, ie a state where the debtor was declared unable to pay, or in other words wealth fewer borrowers with debt. About insolvency is to determine the fate of the debtor, whether there will be execution or place the debt restructuring in peace. Time of the insolvency (art. 178 UUK), namely: (a) when the verification is not offered peace, (b) rejected the peace offer, (c) the ratification of peace was rejected by the judge. With the wealth bankruptcy insolvency immediately executed and divided to the creditors.
  7. Clearance / liquidation, the debtor's property ppenjualan bankruptcy, the creditor kepad concurrent distributed, after deducting expenses.
  8. Rehabilitation, which is a vindication of business creditors, but with a note if the peace process acceptable, because if peace is rejected then there is no rehabilitation. Rehabilitsi requirements are: peace has happened, has happened in full payment of debts.
  9. Bankruptcy ends.

In a bankruptcy of a curator's role is very important because he acted as asset manager. Some of the things that must be considered by the curators in the running duties including:

  • The authority of law
  • Economic and business considerations related to the liquidation of assets
  • Involvement of other parties (supervisory judges)
  • Procedures relating to certain legal actions (meetings verification)
  • Habits and proper procedures according to law in a particular action

In exercising its authority, the curator also has a legal responsibility. One of the articles that regulate the legal responsibilities of curators in UUK is in article 72 which states:
"Curator responsible for the mistakes and negligence in carrying out the maintenance tasks and / or settlement that caused loss of property in bankruptcy"

Under Article 72 of the UUK is the curator of personal accountability can be burdened. If the result of fault or negligence has caused harm to the parties interested in the bankrupt property, which is mainly concurrent creditors. So the curator can be sued to pay damages.

The legal consequences of the bankruptcy decision is:

  • Effective property sector
  • Foreclosure common throughout the debtor's assets
  • Debtor individuals, including the husband or wife
  • Debtor taxable gallant (not to leave domicile)
  • Conditions apply criminal remains
  • Decision of bankruptcy by the operation of law
  • Goods are stored valuable curator
  • The cash in the bank
  • There should be a director or commissioner to another company.
READ MORE - ARTIKEL TENTANG PAILIT (BANKRUPTCY)

PAPER AUDIT OPERASIONAL (OPERATIONAL AUDIT)

This Paper discuss about operational audit (audit operasional).
Audit performance audit covering economy, efficiency and effectiveness is essentially an extension of the conventional audit (conventional audit) which includes compliance auditing and financial auditing. One of the things that distinguishes the performance audit and audit is in the conventional audit reports.

In a conventional audit, the audit is in the form of opinion (opinion) auditors are independent and objective about the fairness of financial statements in accordance with the criteria established standards, without providing repair recommendations. While the performance audit, not only provides conclusions about or based on the audit stage has been done, but also equipped with recommendations for future improvements. Audits of management performance and commented on how they perform their duties economically, efficiently and effectively is not a new topic today, but until now the results of performance audit is always stored and considered only as a course in organizational considerations.

The growing discontent and the increasing demands for accountability from the management of public companies resulted in the need to consider the possibility of a performance audit as a mandatory.

Traditionally the performance audit has been conducted through an internal audit department of an entity. The results of this audit is only saved by the entity without any further action. Internal auditors were asked to review an area of the entity and report back to management about how economically, efficiently and effectively managed the area during the period examined. Management seemed reluctant to disclose these results to the members of these entities or the general public. This is a big question, should the results or conclusions derived from this audit is submitted or disclosed to the people concerned and also to the general public, so they can assess how the performance of the management.

LATEST TREND IN Auditing

Auditing is a profession and as well as other professions, he was dynamic, not static. He will develop and adapt itself to the needs of users of the profession. Current dissatisfaction with the results of financial audit occur everywhere, even in developed countries though, resulting in what is called the "expectation gap" that is the difference between what is done by auditors and what is desired by the user of the audit report. This happens because the audit of financial statements by auditors only express an opinion on the accounts of the financial statements alone. Whereas users of financial statements information to ensure that the audited accounts accurate, fair, no cheating, and can be used for future projections.

Blair (1990) clarify the functions that are not performed by the audit, the audit is not a guarantee of continuity of the company in the future. The results of the audit is not an opinion on the economic, efficiency or effectiveness of management does not also guarantee that no fraud or breach of rules. This comment is very interesting, because it is a reflection of how public expectations accounting services should be done. When this came the desire from some users of financial statements information that an accountant should comment on management performance during the period of observation, as well as accuracy of reporting for financial statements of the company.

AUDIT OPERATIONAL DEFINITIONS

Operational audit is a systematic process to evaluate the efficiency and effectiveness of an organization's activities in the process to achieve these goals, and frugality are organizations operating in manjemen control and report to the people the right of the results of these evaluations and recommendations for improvement.

  • The process of systematic

As the financial audit, operational audit regarding a series of steps or procedures are logical, structured, and organized. These aspects include good planning, and acquisition and objectively evaluate the evidence relating to the audited activity.

  • Evaluate the organization's operations

Evaluation of these operations must be based on several criteria established and agreed upon. In the operational auditing, the criteria are often expressed in the form of performance standards set by management. However, in some cases, standards may be set by a government agency or by the industry. These criteria are often less clearly defined than the criteria used in the audit of financial statements. Operational audits to measure the degree of correspondence between actual performance and criteria.

  • Efficiency, effectiveness, and economic

Efficiency is used to assess whether the best use of resources an organization that is used to achieve its intended purpose, while effectiveness is used to assess how well the policies of the organization to achieve goals. Efficiency and effectiveness are two closely interrelated with each other, could have a policy that the organization is very efficient but not effective vice versa. Economical means getting the quality and quantity of physical resources and human beings who deserve the proper time and lower costs.

  • Reporting to the people the right

Internal auditors usually report to management or the individual or entity requesting the audit of how efficient, effective or economically any part or the work programs have been implemented. The findings of performance audits is very rarely disclosed to all parts of the organization any more to the general public. Whereas the results of this audit can be very needed by the parties other than management, such as the wider community who directly or indirectly related to the company. Meanwhile, the board or audit committee is a party receiving a copy of the operational audit reports.

  • Recommendations repair (By default the Third Report of Audit and Performance Reporting Standards)

Results from operational audits can be very useful recommendations for the management to determine and assess the policies and activities of the company if it is on time or needed repairs that would affect the company's survival.

AUDIT OPERATIONAL BENEFITS

Management audit report can be used as supplementary information from the company's financial statements. There are several benefits to be gained if this performance audit reports to be provided by the company's mandatory.

  1. Providing the company will more transparent so that outside parties can follow the development of companies with better firms.
  2. Management audit will trigger the company to be careful in managing the company.
  3. Interests of society (especially investors) more protected so that the investment and business climate will be more conducive.

LIMITATION OF AUDIT OPERATIONS

According Widjayanto Nugroho (1985:23-24) there are some limitations of operational audit:
1. Time
Time becomes a very limiting factor, because the auditor must provide information to management quickly, or at least time to solve the problem at hand. Operational audits should be done regularly to ensure that important issues do not become chronic in the company.

2. Auditor expertise
Many complained of a lack of knowledge of the operational auditors karea impossible for an auditor to know and master the various business disciplines. Operational auditors only more expert in the field of audit than in the field of business.

3. Cost
Cost is also a limiting factor, because it was of course the audit costs should be less than the amount that can be saved. Therefore, the auditor should ignore the small problems that may be costly if further investigation.

AUDIT STAGES OPERATION

1. Choosing auditee

As in many other activities within an entity, the operational audit of the budget constraints affected by bias or kehemaatan. Therefore, the resources for the operational audits should be used with the best. Auditee election began with a preliminary study or survey of the candidates in the auditee entities to identify activities that have the highest potential for audit in terms of improving effectiveness, efficiency, and effectiveness of operations. In essence, the study is a preliminary screening process produces aka auditee ranking of candidates. The starting point of this preliminary study is to gain a comprehensive understanding of the organizational structure of the entity and the characteristics of its operations. In addition, auditors must also understand the industry where the entity operates and the nature and extent applicable government regulations. Furthermore, attention is focused on activities, units, or functions to be audited. Understanding of the auditee candidates obtained by:

  • Reviewing the background of the archive data every auditee
  • Review the facility to ensure the auditee how auditee achieve its objectives
  • Learn about the relevant documentation such as auditee operations manual of policies and procedures, flow charts, performance standards and quality control, and job descriptions
  • Interviewed the manager of the activity areas of a particular problem (often called the entry interview)
  • Applying analytical procedures to identify trends or unusual relationship
  • Conduct examination (or testing) a mini audit to confirm or clarify understanding of the auditor of potential problems

Understanding the auditor of each auditee should be documented through a questionnaire that was filled with complete, flow charts, and narrative notes.
Based on this understanding, the auditor prepares a report or memorandum of preliminary studies, which summarizes all the findings and include recommendations about what should be audited auditee. This report is only used by the internal auditing department and is not intended for management.

2. Planning an audit

A careful audit planning is very important both for effectiveness and efficiency of operational audits. Planning is especially important in this type of audit is very diverse because of operational audits. The main basis of the audit planning is the development of audit programs, which must be made in accordance with the auditee situation encountered in the preliminary study stage of the audit. As the financial audit, audit program contains a set of procedures designed to obtain evidence relating to one or more goals. The evidence reviewed usually based on sample data. Thus, in planning the audit considered gharus techniques using statistical sampling. In addition, auditors should also determine if the techniques of computer assisted (computer assisted techniques) would be cost-efficient.

Planning audit also includes the audit team selection and scheduling of work. This audit team must be composed of auditors who have the technical skills needed to meet the audit objectives. Jobs must be scheduled in consultation with the auditee to have the maximum cooperation from the auditee personnel during the audit.

3. Conducting audits

During perform the audit, auditors extensively seeking the facts related to the problems identified in the auditee during the preliminary study. Implementation of the audit is the audit phase of the most time consuming operations in the audit. This stage is often referred to as conduct in-depth audi (in-depth audit).

In an operational audit, auditors rely heavily on the submission of questions and observations. The usual approach is to develop a questionnaire for the auditee and use it as a basis for interviewing auditee personnel. From the filing of the question, the auditors expect to get opinions, comments, and suggestions about solving the problem. Effective interview is very important in the operational audit. Through observation of the auditee personnel, the auditor will detect inefficiencies and other conditions that contribute to this problem.

Auditors also have to use the analysis in the operational audit. For this purpose, the analysis must involve the study and accrual of performance measurement in relation to certain criteria. These criteria can be developed internally by entities such as productivity and budget targets set or, these criteria can come from other entities or industry standard form derived by the auditors of the audit, previous audits of similar activities. This analysis can provide the basis for determining the extent to which the auditee meets specified goals.

Work performed, findings, and recommendations should be documented in working papers. as in the audit of financial statements, working papers is a major supporter of the auditor's report. Auditor a responsibility (in-charge) is usually responsible for reviewing the working papers both during and upon completion of the examination. Review during the audit is useful in monitoring progress, while at the end of the audit review to ensure the quality of work as a whole.

4. Report findings to management

Operational auditing is similar to the types of other auditing because the end product of this audit is the audit report. However, there are many unique situations related to the reporting of operational audits. For example, in contrast to the standard language contained in the auditors in the audit report on financial statements, the language in the audit report for each operation varies auditee. The report should include:

  • A statement of the purpose and scope of the audit
  • General description of the work performed in the audit
  • Summary of findings
  • Improvement recommendations
  • Auditee comments

The concept of this report is usually made by the auditor in charge. The concept was then discussed with the manager of the audited units. This discussion meet several important goals: (1) gives the auditor an opportunity to test the accuracy ketpatan findings and recommendations, and (2) allow the auditor to get auditee comments for inclusion in the report. This initial concept further revised as necessary, so that the final draft can be prepared.

In some cases, recommendations are probably only suggest the need for further studies on the problem at hand. Inclusion is the auditee comments are optional. usually, the comments are included only if the auditee does not accept the findings and recommendations.

Auditors findings basically produce constructive criticism. At the time of writing the report, auditors should be sensitive to the reaction of the recipient. If the language is not really attack, then the response of the recipient kemungkina report will be more positive. Usually, a copy of the operational auditing reports sent to senior management and the audit committee. If long and detailed report, the report can be started with a complete overview (executive summary) of the findings and recommendations.

5. Follow up

Last stage or stages of follow-up (follow-up phase) in the operational audit is a stage for auditors to follow up the auditee responses to audit reports. Ideally, policy should require that the entity audited unit managers to report in writing during a specified period of time. However, this follow-up should also include determining the feasibility of the actions taken by the auditee to implement recommendations. 440 IIA standards of practice states that internal auditors should follow up to ensure that appropriate action has been taken based on the reported findings. The failure of auditors to receive the proper response should be communicated to senior management.

OPERATIONAL AUDITING STANDARDS

A. General Standards

1. General Standard First (Requirement ability or Keahlihan)

"The staff assigned to perform the audit should collectively have sufficient professional skills for the task required"

With this standard, all organizations or agencies responsible for auditing that any audit carried out by staff who collectively have the knowledge and skills adequate to the task of the audit. Staff should have an intimate knowledge of government auditing, the unique circumstances of the audit, and the relation with the nature of the type carried out.

2. Second General Standard (Independence)

"In all matters related to audit work, organization or institution and the auditor's audit both the government and public accountants, must be independent (in the organization and personally), free from interference ilndependensi private and outside the private external), which may affect independence, and should be able to maintain the attitude and appearance of an independent "

With this second general standards, organization or institution and its auditors audit responsibility to maintain independence so that opinions, conclusions, or the consideration of audit recommendations considered by impartial third parties who have knowledge about it.

3. Third General Standard (Use carefully proficiency and thorough)

"In the implementation of the audit and the preparation of its report, the auditor must use professional skills carefully and thoroughly"

4. Fourth General Standard (Quality Control)

"Any organization or institution to carry out audits audits in accordance with the SAP system must have adequate internal controls, and quality control system should be reviewed by other parties who are competent (external quality control)"

B. Audit Field Work Standards and Performance

1. First Field Work Standards (Planning)

"Work must be adequately planned"
In planning the examination, examiners should define the purpose of inspection, and examination of the scope and methodology to achieve goals such examination. The purpose, scope, and methodology of inspection is not determined separately. Examiner to determine these three elements together. Planning is an ongoing process during the examination. Therefore, the examination should consider making adjustments to the objectives, scope and methodology of the examination during the examination performed.

2. Employment Standards Officer Second (Supervision)

"Staff should be supervised (supervised) with good"
Supervision involves directing the activities of inspectors and others (such as experts who are involved in the examination) so that objectives can be achieved examination. Elements of supervision include providing instruction to staff, providing the latest information about significant problems encountered, the implementation of Review for the work performed, and the provision of fieldwork training (on the job training) are effective. Supervisors must make sure that the staff really understand about the inspection work to be done, why the work to be done, and what is expected to be achieved. For experienced staff, supervisors can give the main points of the scope of work inspections and submit details to the staff. For the less experienced staff, supervisors should provide guidance on analyzing techniques and how to collect data.

3. Third Field Work Standards

The third implementation of the standard statement is: "The evidence is sufficient, competent, and relevant must be obtained to be an adequate basis for the findings and recommendations of examiners".
In identifying sources of potential data that can be used as evidence of inspection, inspectors should consider the validity and reliability of the data, including data collected by the audited entity, data compiled by inspectors, or data provided by third parties. Similarly, the adequacy and relevance of such evidence.

4. Fourth Field Work Standards (Documentation Examination)

Statement of the fourth implementation of the standards is: "The Coroner must prepare and maintain inspection documentation in the form of paper checks. Examination of documents relating to planning, implementation, and reporting inspection should contain enough information to allow an experienced examiner, but did not have a relationship with these checks can ensure that the examination of documents could be evidence that supports findings, conclusions, and recommendations examiner "

C. Performance Audit Reporting Standards

1. First Reporting Standards (Forms)

"Auditors must make a written audit reports to communicate the results of any audit"
The need to implement the accountability of government programs require that the audit reports are presented in written form. Written report serves to:

  • Communicate the audit results to government officials, the authorities based on laws and regulations in force,
  • Create audit avoid misunderstanding,
  • Create audit hasl as material for corrective action by relevant agencies,
  • Facilitate the follow-up to determine whether appropriate corrective actions have been carried out

2. Second Reporting Standards (Content Report)

The second reporting standard statement is: "Report results of the examination should include":

1. statement that the examination conducted in accordance with Inspection Standards
2. objectives, scope, and methodology of investigation
3. results of inspection findings, conclusions, and recommendations
4. response officials responsible for the results of the examination
5. reporting of confidential information (if any)

3. Third Reporting Standards

The third reporting standard statement is: "The report should hasilpemeriksaan timely, complete, accurate, objective, convincing, and clear, and short as possible".

4. Fourth Reporting Standards (Publishing and Distribution Report Inspection)

Statement of the fourth reporting standard is: "The report submitted to the examination results of representative institutions, entities examined, the party has the authority to regulate the audited entity, the person responsible to follow up the results of the examination, and to other parties authorized to receive reports examination results in accordance with the provisions of legislation in force ".

Relations in Audit Operations Support the Effectiveness of Internal Control System

Operational audit role in supporting the internal control system is operational audit can find out the effectiveness and efficiency of a system of internal controls on a function (eg sales function) of a company. As described above, the operational audit objective itself is to provide an assessment of the effectiveness and efficiency and frugality of a company's operations section, which is the expected result of the internal control system is good.

This relationship can also be seen from the statement of Abdul Halim (2003:198) about some basic concepts of the Internal Control System, namely:
"Internal Control System is expected to achieve the audit objectives, both financial audits, operational audits and audit compliance and Internal Control Systems are not intended to provide absolute assurance in which each Internal Control System must have a weakness".

CASE EXAMPLE:

Unibank

To see that the financial statements are often misleading to assess the state of a company, can be seen from the fact the closure of Bank Unibank. Banks that stood since 1967 was in March 1999 by Bank Indonesia is included in the bank category A. This bank has fulfilled Capital Adequacy Ratio (CAR) set by Bank Indonesia. In 1997 the bank recorded a profit Rp13 billion. In the year 1998 as the culmination of banking and monetary crisis that hit Indonesia, the bank suffered substantial losses of Rp436 billion. In 1999 the bank recorded a profit of Rp55 billion. In the year 2000 earnings performance was not bad. However, no complete information, then (for the general public) suddenly the bank was closed by the government. At first glance this bank note a fairly good performance. This also can be seen from the category of banks acquired by Unibank. People do not know or are not informed with sufficient information about the bank's performance. If the performance is viewed from the bank's financial statements have looked pretty good, but we do not know how economical, efficient and effective bank's work. The result is quite clear, re-disadvantaged communities with the bank closure.

SOE

Some time ago a lot of mass media reported that poor performance of most SOEs. Of the five SOEs studied by several local public accountant and a loss of efficiency in the foreign registration Rp24, 5 billion and the potential losses that amounted to Rp7, 3 trillion and USD 698 million. This finding is of course very suffocating because the image of public companies that operate as they please without regard to economic feasibility, efficiency and effectiveness are clearly illustrated. Five SOEs are PT. PELINDO II, PT. JASA MARGA, PT. PTPN IV, PT. GARUDA INDONESIA and PT. TELKOM. Community truly disadvantaged. There are two types of loss felt by society, first, the people who use services such as public companies have to pay for inefficiency by company management. Second, the wider community because after all these SOEs financed from state funds that in fact it is public money collected from taxes. Communities also have to pay inefficiencies that enjoyed by a group of people from the public company. Habit to reveal to the public performance of such companies is a good start for people to obtain information other than financial reporting information. It is expected that the company management does not blindly run company. But because the information disclosed by the ministry of state enterprises is a "project" Letter of Intent with the IMF, the continuity of the delivery company's operational performance information is still questionable because it could be merely meet the LoI. Actually the theoretical side, this activity is called performance audits. Types of audits that have been conducted by the Public Accountant Office in cooperation with the Foreign Office is a public accountant is not as popular during the financial audit of performance audit (performance audit). This performance audit of the author's knowledge has been done in Australia with the Australian Auditing Standards 33 AUP in effect since 1993. How true that a performance audit?

CONCLUSION

Auditing of the performance management aims to provide comments on the implementation of their obligations, would have been done economically, efficiently and effectively. And then the auditors make recommendations on performance management. These recommendations will be followed up by management, and the results will be reviewed again and see whether in accordance with the established and in accordance with the recommendations that have been given.
Performance audit is more than just the traditional financial audit, in recent years, public accounting firm in addition to audit the financial statements, also may be required to conduct a review of management performance was audited, the audit entity during the period.
The purpose of the performance audit is to provide a recommendation that the existing resources in an audited entity may be controlled and used better, and can increase efficiency, frugality, and can improve management performance.
If the general public and business community to consider and feel you need an audit to evaluate the performance of public and private companies in the future, the performance audit are needed as well as for public companies in Indonesia, it was time for a performance audit used as an imperative (mandatory), so that resources that there can be properly maintained and properly allocated


REFERENCES

http://www.spkn.bpk.go.id

Boynton, Raymond N, Johnson and Walter G Kell. 2001. Modern Auditing: 7th Edition. New York: John Wiley and Sons, Inc..

Effendi, Antony. 2004. Operational Audit Role in Supporting the Sales Effectiveness.

Nurbachtiar. 2002. Audit Performance: A requirement for Public Companies. UGM: Journal of Accounting and Finance Public Sector.
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