Revisiting Financial Services Sector Transparency through Whistleblowing: The Case of South Africa and Switzerland

2017 ◽  
Vol 61 (1) ◽  
pp. 83-103
Author(s):  
Herbert Kawadza

AbstractThe recent global financial crisis has demonstrated the ineffectiveness of traditional regulation in averting financial crime. Consequently the supervision of financial institutions has been increasingly re-evaluated and such endeavours have resulted in the reregulation of the sector in many jurisdictions. This article argues that, much as these strategies can be said to be laudable, until they emphasize engagement with the people who work in those institutions through making it possible for them to report corporate misconduct, these legislative paradigms will not avail much. As such, this article argues for the increased use of insiders through whistleblowing as a mechanism to support the exposure of illegal activities. By comparing the whistleblowing approaches adopted in South Africa and Switzerland, this article attempts to contribute to the standardization of approaches that can be used to enhance global financial sector transparency and minimize financial crime.

2019 ◽  
Vol 3 (3) ◽  
pp. 459-468
Author(s):  
Nazaruddin Nazaruddin

Pasal 9 huruf c Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan (selanjutnya disebut UU OJK) menyatakan bahwa untuk melaksanakan tugas pengawasan OJK, mempunyai wewenang melakukan pengawasan, pemeriksaan, penyidikan, perlindungan konsumen, dan tindakan lain terhadap lembaga jasa keuangan, pelaku, dan/atau penunjang kegiatan jasa keuangan, sebagaimana dimaksud dalam peraturan perundang-undangan di sektor jasa keuangan. Pasal 28 huruf a UU OJK menyatakan bahwa untuk perlindungan konsumen dan masyarakat, OJK berwenang melakukan tindakan pencegahan kerugian konsumen dan masyarakat, salah satunya memberikan informasi dan edukasi kepada masyarakat atas karakteristik sektor jasa keuangan, layanan, dan produknya. Namun pada kenyataannya, pelaksanaan edukasi yang dilakukan oleh pihak perbankan tersebut tentu saja berada di bawah pengawasan OJK, sehingga secara tidak langsung OJK pun bertanggung jawab terhadap risiko penggunaan produk e-banking yang dapat merugikan konsumen. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian yuridis empiris yaitu jenis penelitian yang meneliti dan menelaah efektivitas suatu peraturan perundang-undangan. Hasil penelitian menujukkan Tanggung Jawab OJK terhadap konsumen yang mengalami kerugian akibat penggunaan layanan e-banking  adalah melakukan pendampingan bagi konsumen dan sebagai fasilitator dalam rangka melakukan gugatan ganti kerugian terhadap bank dengan jalan Eksternal Dispute Resolution, baik melalui litigasi maupun non litigasi.The Government Regulation No. 21 of 2011 Article 9 (c) regarding the Financial Services Authority (hereinafter referred to as UU OJK) states that in order to carry out the supervision other task to the financial services instituition the subject and/or the supporting financial services activities, as referred to the regulation about financial services activity. Article 28 (a) of UU OJK also states that in protection of consumers and people, OJK authorized to act in preventing costumer and people loss by providing information as well as education for the people regarding the characteristic of the financial services sector, the services and the products. In fact, however, the execution of the educating process done by the bank is under the supervision of OJK so OJK is indirectly responsible for the risk of e-banking products usage that harm consumers. This type of research used in this research is juridical empirical research that examines the types of research and study the effectiveness of laws. The result of the result indicated that the responsibility of OJK to the consumer who suffered losses by the e-banking service is by providing assistance and act as a facilitator in pursuing a lawsuit to get compensation from the bank by external dispute resolution, both by litigation and non-litigation.


Author(s):  
David Porter

This chapter discusses the latest innovations in fraud detection, with a particular focus on insider fraud and organized fraud. It argues that as fraud continues to grow at an alarming rate across the financial services sector, the constant evolution in fraudster behavior means that financial institutions need to keep their technology-based countermeasures constantly updated, particularly given the increasing involvement of serious organized criminals. In addition to upgrading their current operational detection systems, this chapter aims to encourage organizations to improve current levels of data and information assurance in order to ensure the generation of high quality intelligence on the enemy, and to adopt a structured framework for better understanding and describing exactly what we mean by “intelligence.”


2003 ◽  
Vol 5 (2) ◽  
pp. 109-133 ◽  
Author(s):  
Benjamin J. Richardson

Financial institutions play a central role in capital and debt markets, providing the finance that shapes development patterns, and thus environmental pressures. Environmental law has traditionally focused on development itself, but not the capital allocation function. Consequently, the underlying market dynamics and growth imperatives are not adequately addressed. To achieve sustainable development in Britain, new legal tools and policies to promote ethical financing in the financial services sector are necessary. This article explains why ethical financing is important to sustainability, surveys the range of financial institutions in Britain relevant to ethical finance, and makes recommendations to improve the regulatory and institutional context for financing sustainable development.


2017 ◽  
Vol 9 (2(J)) ◽  
pp. 88-95
Author(s):  
Banele Dlamini ◽  
Julius Tapera ◽  
Shynet Chivasa

This study, using the Ordinary Least Squares (OLS) Regression Model, investigated the extent to which good corporate governance practices can minimise or alleviate corporate failure in the Zimbabwean Financial Services Sector. The results of the study reflected that sound corporate governance has a positive effect on corporate success and can alleviate corporate failure. It is thus recommended that financial institutions continuously adhere to sound corporate governance practices to guarantee corporate success and alleviate the collapse of financial institutions as has been witnessed in the past. The findings of the study will assist policy makers, regulators and players in the financial services sector to adhere to sound corporate governance practices, given its impact on corporate success. Further research could be carried out with regards the implementation of sound corporate governance in parastatals, quasi-government institutions and private sector companies in other sectors other that the financial services sector and how it can be monitored or enforced.


2020 ◽  
pp. 72-84
Author(s):  
Iryna Leshchukh

The shadow economy nowadays is one of the most substantial threats for the development of the financial sector in Ukraine and is the ground for sham entrepreneurship, corruption, organized crime, etc. The shadow activity phenomenon is, to a certain extent, peculiar to all types of economic activity in Ukraine. The article examines the preconditions for the shadowing of the financial services sector. The level of its shadowing in the context of the regions of Ukraine is calculated. The causal links, features and threats of covert, informal and illegal activities in the financial services sector are studied, in particular: tax evasion (as deliberate concealment / understatement of profits from doing business), unproductive outflow (export) of financial resources, sham entrepreneurship, legalization (laundering) of proceeds from crime and more. The paper establishes that the determinants of creating conditions for efficient legal activity in the financial services sector should be: creating favorable tax conditions for doing business in the studied sector; reducing the gap between the level of interest rates on deposits and loans, reducing the level of interest rates in the economy as a whole, which will make the lending procedure more accessible to individuals and businesses; increasing monetary discipline; strengthening control over financial markets in terms of counteracting unproductive capital outflows through scheme institutions; countering cybercrime; expanding financial inclusion; stimulating and developing innovation in the financial services sector. The paper proves that the real fall in shadow activity in the financial services sector can take place in case of declining costs and growing efficiency of the legal economy and creation of parity conditions for the functioning of various forms of business in the financial domain. The falling fiscal pressure on the legal economy should be the key condition for such a transformation, which would create motivation for transferring the shadow operations to the legal grounds.


2014 ◽  
Vol 32 (5) ◽  
pp. 367-407 ◽  
Author(s):  
Ann-Marie Nienaber ◽  
Marcel Hofeditz ◽  
Rosalind H. Searle

Purpose – Trust in financial institutions has been eroded through the collapse of mortgage-related securities, with confidence further denuded through well publicized cases of rogue traders and rate fixing cases, such as with the Lehman brothers, the Libor rate-fixing scandals, and the hypo real estate breakdown. In response to these events, governments have introduced a range of distinct policy initiatives designed to restore trust in this sector. Thus, the question arises: are these regulations and control mechanisms sufficient in isolation, or are there other elements that this sector needs to pay attention to in efforts to build and sustain customers’ trust? The paper aims to discuss these issues. Design/methodology/approach – There is a compelling agenda for both financial organizations and academics to understand better organizational trust in this context especially the role and impact of regulatory mechanisms in its development and repair. The paper therefore examines the special facets of the financial services sector in comparison to other sectors, such as manufacturing, to consider whether trust is fundamentally different in this context than others, and thus address how far there are special challenges concerning trust and the banking industry. The paper analyses, by using a meta-analytical design, 93 studies (N=38,631), of which 20 empirically investigate organizational trust in the financial sector with a combined N of 11,224 respondents. Findings – The paper shows that the banking sector is heavily affected by two distinct forces: first, customers’ perception of an organization's level of compliance and conformity with laws and regulations is a necessity for banks’ sociopolitical legitimization, and second it is also related to how non-compliance is dealt with. Importantly, this meta-analysis indicates that regulation is just one of a suite of devices that organizations need to deploy in their efforts to restore trust. The paper identified two further elements of significance: customers require direct evidence, derived either from their own or others’ satisfaction with the goods or services provided, and customers do take note of the external endorsement of the firm, especially in Asia, where customers place huge emphasis on the firm's reputation. Research limitations/implications – First, meta-analysis is inherently reliant on the earlier studies and therefore retains their weaknesses. Some of the relationships included self-report variables collected at the same point in time and therefore may be inflated by common method bias. Second, due to the focus and because of the limited number of studies in this sector, and a paucity of attention on some key topics, such as perceptions of regulation, second-order sampling error may also be a limitation. Third, some relationships were not investigated frequently enough in studies to enable us to include them in the review, such as cooperation, opportunistic behaviour or quality. Finally, despite calls for trust scholars to include propensity to trust measures within their studies, many of these studies do not include this measure and therefore it is more difficult to identify and control individual difference factors. Practical implications – The results show the merit of multi-strand trust development strategies. There is a striking paucity of financial institutions, which have examined how far their trust deficit may be related to their internal culture, and whether recent corporate corruption could be the product of bonuses and the internal short-term individualized reward systems. The analysis reveals that although external regulations and controls are an effective and powerful devise for organizational trust, over the last two periods of significant crisis, their impact appears to be warning; Yet reassuring customers of their expectations of the other party's future behaviour is central to trust. Alternative remedies need to be considered, such as the establishment of a more effective regulator, or board of governors who oversee and assure compliance. Monitoring and surveillance offer a further external means of reducing the possibility of future misbehaviours. However, as the analysis indicates, other strands are required to build trust, including greater attention by firms on customers’ direct experiences, which in turn would enhance the third part endorsement of their competence and goodwill intentions of organizations. Social implications – Significantly, the results indicate the potentially partial erosion of credence factors, and thus confidence, in this sector over the last 20 years, during what has been a period of repeated exposure to trust breaches. The paper shows that single strand solutions, such as improvements to customer communication, are no longer sufficient, nor, more importantly, do they have the same impact. Instead, the paper shows the necessity to utilize more effectively and target attention towards three distinct antecedents: external regulations and their enforcement; third party and expert endorsements, and therefore external reputations; and customer satisfaction in terms of the effective delivery of customer expectations. Originality/value – Organizational trust has been shown as critical in positively affecting and repairing broken relationships through uncertainty reduction and confidence enhancement. In the past, different meta-analyses of trust have been undertaken, but this, to the authors knowledge, is the first meta-analytic study measuring trust on an organizational level in the context of the financial services sector and its regulatory environment. This meta-analysis indicates that regulation is just one of a suite of devices that organizations need to deploy in their efforts to restore trust. The paper identified two further elements: customers require direct evidence, and do take note of the external endorsement of the firm.


2021 ◽  
Vol 6 (1) ◽  
pp. 49-60
Author(s):  
Pitriya Nur Habibah ◽  
Devi Siti Hamzah

The Financial Services Authority (OJK) is an independent institution that is free from interference from other parties or institutions. This institution has the functions, duties, and authorities of regulation, supervision, examination, and investigation. OJK was established under Law No. 21 of 2011 with the function of implementing an integrated regulatory and supervisory system for the entire financial services sector. The establishment of OJK with the need to restructure the institutions that carry out regulatory and supervisory functions in the financial services sector. The supervisory system carried out by the OJK is an integrated supervision system, meaning that all financial service activities carried out by various financial institutions are subject to the OJK regulatory and supervisory system. Alternative Dispute Resolution Institutions (LAPS) in the Financial Services Sector number 1/POJK.07/2014 which regulates Alternative Dispute Resolution Institutions in the Financial Services Sector. Dispute resolution must be carried out at the LJK in the OJK Regulation concerning Consumer Protection in the Financial Services Sector, which stipulates that each LJK must have a work unit and/or function as well as a service mechanism and settlement of complaints for consumers. If the dispute resolution at the LJK does not reach an agreement, the consumer can settle the dispute out of court or through the court. Out of court dispute resolution is carried out through the Alternative Dispute Resolution Institution (LAPS). 


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