PERLINDUNGAN HUKUM BAGI USAHA MIKRO, KECIL DAN MENENGAH (UMKM) DALAM PENERIMAAN BANTUAN PERMODALAN DARI PERUSAHAAN MODAL VENTURA DENGAN SURAT PERNYATAAN JAMINAN KEPASTIAN PENCAIRAN (SPJKP) BILYET GIRO

Abstrak

Sanctions against Venture Capital Company when a Venture Capital Company stalling of disbursement of capital assistance whereas the applicant has deposited capital participation, has not been regulated in the Regulation of the Minister of Finance (Finance Ministry Decree) No. 18 / PMK.010 / 2012 on the Venture Capital Company.This means that there are still empty norm in Finance Ministry Decree No. 18 / PMK.010 / 2012. Regarding these empty norm the first issue in this research is on the position of Security Assurance Statement of Disbursements (SPJKP) in the case of Venture Capital Company did not realize capital assistance to Micro, Small and Medium Enterprises (SMEs). A second issue is the responsibility of Venture Capital Company which failed to realize the capital assistance to SMEs after issuing Security Assurance Statement of Disbursements (SPJKP).

This type of research is a normative legal research and the research approach consists of statute approach, conceptual approach and case approach. Sources of legal materials in this study consisted of: primary, secondary and tertiary. The analysis technique used in this research is the juridical analysis, which is the analysis based on theories, concepts and legislation.

The research result indicated that (1) The position of Security Assurance Statement of Disbursements (SPJKP) in the case of Venture Capital Company did not realize capital assistance to SMEs is guarantees for SMEs whereas the SMEs has deposited capital participation to get capital assistance from Venture Capital Company which in this case is PT. Futurindo Ventura Sejahtera, and (2) The responsibility of Venture Capital Company which failed to realize the capital assistance to SMEs after issuing Security Assurance Statement of Disbursements (SPJKP) is responsibility to pay compensation from the potential benefits should be obtained SMEs when capital assistance not delay with the following equity interest of the SMEs who have paid to PT. Futurindo Ventura Sejahtera.

Keywords: Venture Capital, Capital Assistance, Disbursement Certainty.