scholarly journals Role of Financial Service Authorities on Legal Protection of The Sharia Banks Customers in Indonesia

Rechtsidee ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Sri Astutik
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Legal Protection ◽  
Financial Service ◽  
Standard Of Living ◽  
Bank Supervision ◽  
The People ◽  
Optimal Protection

Sharia Bank  is a bank that runs its business activities based on sharia principles, in the collection of funds and the distribution of funds, in order to serve the needs of society and improve the standard of living of the people. Various banking problems,  such  as not yet optimal protection of consumer financial services (bank customers), therefore it is necessary to supervise the operational banking activities. The purpose of bank supervision is to protect the interest of the savers who entrust their funds to the bank. Based in Law Number 21 of 2011 on the Authority of Financial Services, the arrangement and supervision of financial institutions becomes the authority of the Financial Services Authority. This supervision is also applied to banks with sharia  principles. In this paper will discuss  the Financial Services Authority oversight in the application of the principle of legal protection for customers in sharia banks.

scholarly journals THE URGENCY OF FATWA IN THE LAW OF SHARIA ECONOMICS IN INDONESIA

2021 ◽  
Vol 20 (2) ◽  
pp. 201
Author(s):  
Elsy Renie
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Rapid Development ◽  
Economic Activities ◽  
Financial Products ◽  
The People ◽  
The Law

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

Peran Bank Syariah: Menuju Perekonomian Masyarakat Madani

2019 ◽  
Vol 1 (2) ◽  
pp. 131-144
Author(s):  
Dini Maulana Lestari ◽  
M Roif Muntaha ◽  
Immawan Azhar BA
Keyword(s):  
Financial Markets ◽  
Islamic Law ◽  
Financial Service ◽  
Islamic Banks ◽  
Free Society ◽  
The Public ◽  
Turn On ◽  
The People ◽  
Strategic Role

Islamic banks are present in the community as financial institutions whose activities are based on the principles of Islamic law for the benefit of the people. This study aims to determine the strategic role of Islamic Banks as financial service institutions, the importance of the existence of Islamic Banks and Islamic-based markets and financial instruments in them. In its development, Islamic banks have a role as institutions that turn on public funds, channel funds to the public, transfer assets, liquidity, reallocation of income and transactions. In the Indonesian economic system, the existence of Islamic Banks is important as an alternative solution to the problem of conflict between bank interest and usury. Islamic financial markets and instruments provide a free society of interest and follow a different set of principles. Distribution of profit/ loss according to evidence of participation in the management fund. The division of rental income in the form of musharaka.

scholarly journals Information Asymmetry and Trust: A Framework for Studying Microfinance in India

2005 ◽  
Vol 30 (4) ◽  
pp. 77-86 ◽  
Author(s):  
M S Sriram
Keyword(s):  
Social Networks ◽  
Transaction Costs ◽  
Rural Areas ◽  
Financial Services ◽  
Imperfect Information ◽  
Informal Networks ◽  
The Poor ◽  
The People ◽  
Financial Transactions

In recent times, microfinance has emerged as a major innovation in the rural financial marketplace. Microfinance largely addresses the issue of access to financial services. In trying to understand the innovation of microfinance and how it has proved to be effective, the author looks at certain design features of microfinance. He first starts by identifying the need for financial service institutions which is basically to bridge the gap between the need for financial services across time, geographies, and risk profiles. In providing services that bridge this gap, formal institutions have limited access to authentic information both in terms of transaction history and expected behaviour and, therefore, resort to seeking excessive information thereby adding to the transaction costs. The innovation in microfinance has been largely to bridge this gap through a series of trustbased surrogates that take the transaction-related risks to the people who have the information — the community through measures of social collateral. In this paper, the author attempts to examine the trajectory of institutional intermediation in the rural areas, particularly with the poor and how it has evolved over a period of time. It identifies a systematic breach of trust as one of the major problems with the institutional interventions in the area of providing financial services to the poor and argues that microfinance uses trust as an effective mechanism to address one of the issues of imperfect information in financial transactions. The paper also distinguishes between the different models of microfinance and identifies which of these models use trust in a positivist frame and as a coercive mechanism. The specific objectives of the paper are to: Superimpose the role of trust in various types of exchanges and see how it impacts the effectiveness of repeated transactions. While greater access to information fosters trust and thus helps social networks to reduce transaction costs, there could be limits to which exchanges could solely depend on networks and trust. Look at the frontiers where mutual trust cannot work as a surrogate for lower appraisal costs. Use an example in the Canadian context and see how an entity that started on the basis of social networks and trust had to morph into using the techniques used by other formal nonneighbourhood institutions as it grew in size and went beyond a threshold. Using the Canadian example, the author argues that as the transactions get sophisticated, it is possible to achieve what informal networks have achieved through the creative use of information technology. While we find that the role of trust both in the positivist and the coercive frame does provide some interesting insights into how exchanges with the poor could be managed, there still could be breaches in the assumptions. This paper identifies the conditions under which the breaches could possibly happen and also speculates on the effect of such breaches.

scholarly journals PERAN OTORITAS JASA KEUANGAN TERHADAP PENGAWASAN LEMBAGA KEUANGAN DI INDONESIA

2019 ◽  
Vol 1 (02) ◽  
pp. 177-188
Author(s):  
Annisa Arifka Sari
Keyword(s):  
Capital Market ◽  
Financial Services ◽  
Financial Service ◽  
Legal Basis ◽  
Legal Research ◽  
Services Sector ◽  
Financial Services Sector ◽  
Stable Manner ◽  
The Government

Penelitian ini bertujuan untuk menjelaskan peran Otoritas Jasa Keuangan sebagai lembaga independen dalam melakukan pengawasan terhadap lembaga jasa keuangan di Indonesia serta kewenangan Otoritas Jasa Keuangan yang diatur dalam Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Dari hasil penelitian dijelaskan bahwa Otoritas Jasa Keuangan adalah lembaga yang independen dan bebas dari campur tangan pihak lain, yang mempunyai fungsi, tugas, dan wewenang pengaturan, pengawasan, pemeriksaan, dan penyidikan terhadap lembaga jasa keuangan seperti perbankan. Dasar hukum dibentuknya Otoritas Jasa Keuangan adalah Undang-Undang Nomor 21 Tahun 2011. Secara kelembagaan, Otoritas Jasa Keuangan berada di luar pemerintah, yang dimaknai bahwa Otoritas Jasa Keuangan tidak menjadi bagian dari kekuasaan pemerintah. Otoritas Jasa Keuangan dibentuk dengan tujuan agar keseluruhan kegiatan di dalam sektor jasa keuangan terselenggara secara teratur, adil, transparan, dan akuntabel; mampu mewujudkan sistem keuangan yang tumbuh secara berkelanjutan dan stabil; serta mampu melindungi kepentingan konsumen dan masyarakat. Otoritas Jasa Keuangan bertugas tidak hanya mengatur dan mengawasi perbankan saja, tetapi juga mencakup pasar modal, perasuransian, dana pensiun, lembaga pembiayaan, serta lembaga jasa keuangan lainnya.    THE ROLE OF FINANCIAL SERVICES AUTHORITY ON SUPERVISION OF FINANCIAL INSTITUTIONS IN INDONESIA This research aims to explain the role of the Financial Services Authority as an independent institution in supervising financial service institutions in Indonesia as well as the authority of the Financial Services Authority as regulated in Law Number 21 of 2011 concerning the Financial Services Authority. The method used in this research is normative legal research. From the research results, it is explained that the Financial Services Authority is an independent institution and free from interference from other parties, which has the function, task and authority to regulate, supervise, examine and investigate financial service institutions such as banks. The legal basis for the establishment of the Financial Services Authority is Law Number 21 of 2011. Institutionally, the Financial Services Authority is outside the government, which means that the Financial Services Authority is not part of the government's power. The Financial Services Authority was formed with the aim that all activities in the financial services sector are carried out in an orderly, fair, transparent and accountable manner; able to realize a financial system that grows in a sustainable and stable manner; and able to protect the interests of consumers and society. The Financial Services Authority is tasked with not only regulating and supervising banking, but also covering the capital market, insurance, pension funds, financing institutions, and other financial service institutions.    

scholarly journals Legal Protection Carried Out by the Financial Service Authority in a Dispute between Consumers and Insurance Companies in Indonesia

2018 ◽  
Vol 3 (1) ◽  
pp. 55-61
Author(s):  
Pujiyono ◽  
Sufmi Dasco Ahmad
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Legal Protection ◽  
Secondary Data ◽  
Analytical Techniques ◽  
Financial Service ◽  
Insurance Companies ◽  
Data Types ◽  
Financial Service Authority ◽  
Litigation Process

This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.

scholarly journals The Relationship Between Business Environment and Single Champion Enterprise Entrepreneurship

2022 ◽  
Vol 12 ◽  
Author(s):  
Chanti Wu ◽  
Jinjin Lin
Keyword(s):  
Financial Services ◽  
Business Environment ◽  
Financial Service ◽  
Market Environment ◽  
Multiple Resources ◽  
Configuration Theory ◽  
Market Driven ◽  
Innovation Type ◽  
The Relationship

What kind of business environment can produce high single champion enterprise entrepreneurship is a new issue for discussion in research on entrepreneurship. Based on institutional configuration theory and the fcQCA method, the present paper analyses the relationship between the business environment and single champion enterprise entrepreneurship from the perspective of configuration. This paper studies the role of the business environment in 80 case cities all over the country in promoting high single champion enterprise entrepreneurship and discusses three business environment configurations concerning high single champion enterprise entrepreneurship and two configurations concerning non-high single champion enterprise entrepreneurship. Three typical business environment element configurations can promote high single champion enterprise entrepreneurship, namely, the market innovation type dominated by multiple resources, the financial service–driven type assisted by resources, and the market-driven type led by financial services, which reflects the significance of financial services and the market environment.

scholarly journals PERLINDUNGAN HUKUM TERHADAP NASABAH BANK YANG DIRUGIKAN AKIBAT KEJAHATAN SKIMMING DITINJAU DARI PERSPEKTIF TEKNOLOGI INFORMASI DAN PERBANKAN

2018 ◽  
Vol 1 (2) ◽  
pp. 157-171
Author(s):  
Dian Ekawati
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Civil Law ◽  
Banking System ◽  
Legal Protection ◽  
Customer Data ◽  
The People ◽  
Internal Operations ◽  
Role Of Information

The progress of the banking system cannot be separated from the role of information technology. In addition to facilitating the company's internal operations, technology tools also aim to facilitate service to bank customers. One side of Information Technology provides not a few benefits to improving services both public services and internal services. On the other hand Information Technology is used by people who are not responsible by committing acts that are against the law, which attacks various legal interests of the people, society, and the state. This study aims to get information about banking crimes that use the skimming method and about legal protection for customers who are victims of skimming crime. The research method is juridical normative, namely obtaining and combining and analyzing data obtained from books, articles and journals and related legislation. The results obtained are that crime skimming is an old mode of customer money burglary which is done by stealing customer data at the customer's ATM with skimmer techniques. Legal protection against customers who are harmed due to the crime of skimming can be carried out by criminal means, namely reporting to the police and the police's duty to arrest the perpetrators. Legal protection through civil law by way of the bank replacing the customer's money after clarifying the transaction against the customer's account

How Customer Analytics and Digital Technologies Drive Banks to Understand Consumer Awareness Towards Financial Inclusion

2018 ◽  
pp. 66-85
Author(s):  
Yuvraj Sharma
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Digital Technologies ◽  
Financial Inclusion ◽  
Primary Data ◽  
Related Data ◽  
Customer Analytics ◽  
Clear Communication ◽  
Increasing Demand

In today's switching economy, customers' needs are changing and they are demanding more transparency, higher involvement, and clear communication in day-to-day banking processes. The rationale behind carrying out the present research is to identify the role of customer analytics in the new digital customer journey in terms of enhancing their engagement, loyalty, and satisfaction. The present research emphasizes opportunities that would accrue to financial institutions after demonetization and collecting large amount of demographics, customer transaction, and account-related data. Primary data was collected from 300 customers through a structured questionnaire to know their perceptions about the role of customer analytics and digital technologies to build their confidence and capability to use financial services. This study brings out the customer analytics trends and identifies the reasons due to which banks are struggling to keep pace with the increasing demand of both digital savvy and traditional consumers.

Mobile Financial Services

2020 ◽  
pp. 96-119
Author(s):  
Alexander Maina Kimari ◽  
Eric Blanco Niyitunga
Keyword(s):  
Financial Services ◽  
Developing World ◽  
Service Providers ◽  
Customer Experience ◽  
Financial Service ◽  
Financial Inclusion ◽  
The Poor ◽  
Financial Exclusion ◽  
Mobile Financial Services

The chapter explores financial exclusion, its causes, and consequences in society. The chapter found that the existing discrepancy in financial inclusion between the developed and developing world is driven by financial exclusion that makes it difficult for financial service providers to expand outreach to the poor at affordable prices. The chapter aims to investigate the role of mobile financial service design and development in dealing with financial exclusion. It was found that mobile financial services are promoting financial inclusion in various markets. However, few studies have been undertaken on the benefits of mobile financial services in dealing with the high rates of financial exclusion. The chapter recommended that to achieve financial inclusion, there is need for mobile financial services providers to take into account customer experience through the ease of using the phone interface. The chapter concluded that there is need for scholars in the fields of finance and economics to conduct research in the areas of mobile financial services and their role in society.

scholarly journals Fintech Indonesia User Legal Protection in Balance Borrowing Money Based on Information Technology

2018 ◽  
Vol 54 ◽  
pp. 06003 ◽  
Author(s):  
Sulistyandari
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Service Provider ◽  
Financial Services ◽  
Legal Protection ◽  
Financial Service ◽  
Financial Service Provider ◽  
Settlement Of Disputes ◽  
Settlement Of Dispute

The growth of FinTech companies in Indonesia is very rapid, currently, there are 142 FinTech Companies in Indonesia. The Financial Services Authority (OJK) continues to encourage the development of information technology-based financial service provider company (FinTech). OJK considers that the more number of FinTech companies, the better it would be. It is important to pay attention to legal protection for FinTech Users, because lending and borrowing services-based information technology has the potential to cause harm to FinTech users, besides being done online, the lender and recipient of the loan do not know each other, and there is no collateral in information technology-based lending and borrowing services. This paper discusses the legal protection of FinTech Users in information technology-based lending and borrowing services, and settlement of dispute in the event of a dispute between FinTech Companies and FinTech Indonesia Users. Legal protection for FinTech Users is provided in agreements made between FinTech Indonesia Companies and FinTech Users and law enforcement OJK Regulation No. 77/POJK.01/2016 The settlement of disputes by complaining to the FinTech Company, to the Financial Services Authority (OJK) or claiming through the General Court.

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