scholarly journals Prevention and Handling of the Crisis of Financial Systems in Banking Institutions

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 151
Author(s):  
Zulfi Diane Zaini ◽  
Lukmanul Hakim

Handling of troubled banks currently carried out has been carried out coordinated by related institutions including the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation, as mandated by Law Number 9 of 2016 concerning Prevention and Handling of the Financial System Crisis. Where the handling of troubled banks can be more complex and integrated not only the impact of micro and macro. So that the community can maintain its trust in banking institutions and greatly help economic activities, especially banking entrepreneurs. The problems in this research are as follows: 1) How is the Application of the Precautionary Principle in Minimizing the occurrence of Problematic Banks in Indonesia? and; 2) How is Legal Certainty in the Settlement of Problem Banks in Indonesia?The research method used to answer the problems in this study is to use a normative legal research approach which is also called theoretical legal research or dogmatic legal research because it does not review the implementation of legal implementation. The results of the research and discussion show that the application of the precautionary principle carried out by these banking institutions can make a very impactful contribution, especially in order to minimize the occurrence of good problem banks that have systemic or non-systematic impacts. In addition, legal certainty in the context of handling this troubled bank has been stated in the PPKSK Law as an attempt to resolve troubled banks.

2020 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rezandha Hutagalung

This journal aims to find out how to apply the precautionary principle of a bank as a custodian bank in Indonesian capital market. Whereas with the enactment of Law Number 1995 concerning the Capital Market, it is deemed necessary to enact a Bapepam Decision regarding the Custodian Bank's Report. In the context of carrying out Indonesia's economic development, of course the challenges are not insignificant for financial institutions, one of which is in banking institutions. The role of banking institutions that carry out the main task as a vehicle that can collect and distribute funds effectively and efficiently, requires continuous improvement in order to be able to have a comparative advantage. This journal is how about the application of the precautionary principle in the capital market in Indonesia. Custodian Bank is a commercial bank that has obtained the approval of the Financial Services Authority (OJK) to carry out business activities as a custodian. The object of legal research is legal norms, which have the aim of examining whether or not a regulation is appropriated and applied.


2020 ◽  
Vol 8 (11) ◽  
pp. 1671
Author(s):  
I Kadek Dwi Wisma Putra ◽  
I Nyoman Bagiastra

Jurnal ini ditulis dengan tujuan untuk mengetahui dan memahami dasar hukum dalam pemberian kredit pada BUMDes serta cara penyelesaian kredit macet pada BUMDes. Penelitian ini menggunakan metode penelitian hukum empiris, dengan jenis penelitian adalah berupa pendekatan perundang-undangan (statute approach) dan pendekatan fakta (fact approach). Sesuai dengan Peraturan Daerah Kabupaten Bangli Nomor 5 Tahun 2012 tentang Pedoman Pembentukan dan Pengelolan Badan Usaha Milik Desa. Dalam pelaksannya BUMDes Bumi Kertih Karanganyar melakukan jenis usaha yang terdapat dalam Pasal 22  dalam bentuk jasa, yang bergerak dalam jasa keungan mikro dalam bentuk pelaksananan pemeberian kredit dan simpan pinjam, Hasil penelitian menunjukan bahwa dalam pelaksanan pemberian kredit di BUMDes Bumi Kertih Karanganyar Desa Batur Selatan ini mengacu kepada penerapan pemberian kredit yang dilakuakan  sesuai dengan Pasal 8 Ayat 1 Undang-Undang No. 10 Tahun 1998 Tentang Perbankan, dalam menjalankan pemberian kredit kepada calon debitur pihak BUMDes dalam memberikan kredit berdasarkan analisis yang mendalam dengan penerepan prinsip kehati-hatian, pihak BUMDes yakin bahwa sifat atau watak calon debitur benar-benar dapat dipercaya, melihat kondisi ekonomi calon debitur yang akan diberikan kredit serta melihat jaminan yang diberikan hendaknya melebihi jumlah kredit. Penyelesaian kredit macet yang dilakukan di BUMDes Bumi Kertih Karanganyar melakukan proses restrukturisasi kredit melalui penjadwalan kembali (rescheduling). This journal is written with the aim of knowing and understanding the legal basis for providing credit to BUMDes and how to resolve bad credit at BUMDes. This study uses an empirical legal research method, with the type of research in the form of a statute approach and a fact approach. In accordance with Bangli Regency Regional Regulation Number 5 of 2012 concerning Guidelines for the Establishment and Management of Village-Owned Enterprises. In the implementation of BUMDes Bumi Kertih Karanganyar, the type of business contained in Article 22 is in the form of services, which is engaged in micro-financial services in the form of credit and savings and loan implementation. refers to the application of credit extension in accordance with Article 8 Paragraph 1 of Law No. 10 of 1998 Concerning Banking, in providing credit to prospective debtors in the BUMDes in providing credit based on in-depth analysis with the precautionary principle, the BUMDes believes that the nature or character of the prospective debtor can truly be trusted, given the economic conditions of prospective debtors who are will be given credit and see the guarantee provided should exceed the amount of credit. Settlement of bad loans at BUMDes Bumi Kertih Karanganyar carries out a credit restructuring process through rescheduling.


2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Muhammad Kamaldeen Imam-Tamim ◽  
Oluwadamilola Oyeyipo ◽  
Yahaya A. Alajo

The advent of Global System for Mobile Communication (GSM) in Nigeria has brought immense advantages to the social and economic activities in the country. Despite the various advantages, the installation of telecommunication masts and base stations in residential areas has led to anxieties, fears and debates about the possible adverse effects on human health as well as security of properties. Instead of addressing the fears, the telecommunication companies continue to install telecommunication masts and base stations in the residential areas unabated. The article assesses the impact of these installations on health and properties of the residents in order to consider the reality of the fears and examines Nigerian laws to find out whether there are regulations that control how telecommunication masts are to be installed in residential areas to prevent health and property threat to the inhabitants. The article employs both doctrinal and non-doctrinal approaches of the qualitative legal research method by analysing legal and relevant texts and by conducting site surveys as well as unstructured interviews with residents who live near telecom masts.


2022 ◽  
Vol 14 (2) ◽  
pp. 75
Author(s):  
David Terfa Akighir ◽  
Tyagher Margaret ◽  
Jacob Terungwa Tyagher ◽  
Tordue Emmanuel Kpoghul

Twelve (12) out of the Twenty-three (23) local government areas (LGAs) in Benue State do not have the presence of banks over a long period of time. This situation has deprived the inhabitants of these LGAs of access to formal financial services until the advent of agency banking. This study therefore, investigates the impact of agency banking on financial inclusion and economic activities in Benue State focusing on the agency banking activities of First Bank Ltd. The study is anchored on the agency theory and it used a survey design. The study has utilized both primary and secondary data that were analyzed using descriptive statistical tools and structural equation models. Findings of the study have revealed that agency banking activities of First Bank Ltd have immensely enhanced financial inclusion and economic activities in Benue State. However, challenges such as shortages of cash, security problems, network failures, and lack of financial literacy are militating against the smooth operations of the agency banking in the State. On the basis of these findings, the study has recommended among others that, other banks operating in the State should be encouraged to venture into agency banking in the state so as to have a wider coverage of agency banking in the State. Also, government should provide security and partner with the private sector to provide national carrier communication network system to overcome the network failure challenge. Finally, banks should intensify efforts to educate the masses about the validity and potency of agency banking.


2020 ◽  
Vol 87 (4) ◽  
pp. 36-47
Author(s):  
Т. Ye. Trubnik ◽  
О. К. Mazurenko

The socio-economic events of the latest years and uncertainties in the vectors of development of the economic environment cause the need for robust statistical assessment. An important area of studies of the modern economy is determining the type of economic growth. The shift-share method is applied to determine the effect of the impact of national, industrial and regional factors on the dynamics of economic growth. The shares of effects (effects of the impact) caused by national economy trends, industry mix and region-specific factors are identified and analyzed. The position of economic activities in the industry mix of the Kyiv economy is analyzed and assessed by indicators of gross value added and number of employees with consideration to three components. The impact of each of them caused by the national factors, the established industry mix of the national economy and the internal competitiveness of a specific industry of the region are characterized. Factor decomposition of the change in the indicators caused by the national component, industry-specific and region-specific effects reveals that the overall growth in the gross value added by economic activity in Kyiv is to a large extent conditional on the effective industry policy and to the least extent on regional factors. However, the employment reduction in the Ukrainian capital was caused by the impact of national and industry factors, and was not compensated by the positive local effect. It is revealed that the stable flagship position is taken by financial and insurance activities, in spite of recent reforms in the bank sector with cleansing the bank system from ineffective and nontransparent entities. Kyiv remains to be the core center for concentration of financial services. The progressive growth in the construction market meets the needs of the megalopolis with its increasing population. The residents’ desire to expand the dwelling size and improve the living conditions helps improve business climate in the construction sector, increase its growth rates and share in the gross regional product (indirectly, through the gross value added).       The section “Information and telecommunications” stands steadily on the top positions. Its rapid development, as a signal of the digital economy, enables for momentary exchanges of information and services on the domestic and external market, thus creating favorable prospects.   The analysis of the composition of the problem group and the outsider group among the economic activities reveals the stable presence of manufacturing and social industries. Enterprises of the sections “Manufacturing”, “Supply of electricity, gas, steam and conditioned air”, “Supply of water, sanitation, treatment of wastes” have a stock of problems and system drawbacks; they suffer from lack of investment and innovation, they have no strong orientation on the challenges of modernity and market needs, which weakens the positions of the Ukrainian capitals’ economy as the industrial center. It is proposed to use the graphic method for illustrating the distribution of economic activities in Kyiv by quality characteristics of operation. The factors accelerating or hampering the development of economic activities in the region are determined. Recommendations on management decisions related with future operation of industries referred to as “leaders”, “regulars”, problematic industries and outsiders are given.


2010 ◽  
Vol 12 (04) ◽  
pp. 425-468 ◽  
Author(s):  
ARLENE J. KWASNIAK

Adaptive management theory recognises that we cannot make foolproof predictions of environmental impacts of human interventions into complex ecosystems. It mandates that environmental managers retain the ability to respond to change and inaccurate predictions. The Canadian Environmental Assessment Act (CEAA) authorises government to implement adaptive management into project follow-up. A key Canadian court decision has interpreted this to mean that adaptive management enables projects to proceed when mitigation measures are uncertain, that could be used in tempering the significance of impacts, and that it offsets the impact of the precautionary principle. Taking a legal perspective, the paper discusses how adaptive management may benefit environmental assessment, how the CEAA uses it, how a court has misinterpreted its role in the CEAA, and how it relates to the precautionary principle. In closing the paper sets out general lessons from the Canadian experience for the use of adaptive management in environmental assessment generally.


2020 ◽  
Vol 8 (1) ◽  
pp. 151
Author(s):  
Windy Sonya Novita ◽  
Moch. Najib Imanullah

<p>Abstract<br />This article aims to describe and analyze the legal aspects of Peer to Peer Lending related to legal issues and settlement mechanism. This type of research is prescriptive normative legal research. This type of research is normative legal research that is prescriptive. The research approach used is vertical and horizontal synchronization level approach. The type of data used in this study is secondary data covering primary, secondary and tertiary legal materials. Data collection techniques used are by study of documents or library materials. Furthermore, the analysis technique used legal material analysis with teleological interpretation methods. Based on this research, the results show that the implementation of Peer to Peer Lending founds several problems including the risk of high interest so that many borrowers fail to pay and improper billing methods. Basically Financial Services Authority has regulated the preventation the risk of Peer to Peer Lending in several rules in Financial Service Authority Regulations Number 77/POJK.07/2016 and Financial Service Authority Regulations Number 18/POJK.07/2018 as guidelines for consumers regarding the complaints service mechanism and its resolution.<br />Keywords: peer to peer lending; risk; consumer complaints service</p><p>Abstrak<br />Artikel ini bertujuan untuk mendeskripsikan dan menganalisis mengenai aspek hukum dalam Peer to Peer Lending berkaitan dengan permasalahan hukum yang timbul serta mekanisme penyelesaiannya. Jenis penelitian ini adalah penelitian hukum normatif yang bersifat preskriptif. Pendekatan penelitian yang digunakan adalah pendekatan taraf sinkronisasi vertikal dan horizontal. Jenis data yang digunakan dalam penelitian ini merupakan data sekunder meliputi bahan hukum primer dan sekunder. Teknik pengumpulan data yang digunakan adalah dengan studi dokumen atau bahan pustaka. Selanjutnya teknik yang digunakan dalam penelitian ini adalah dengan menggunakan analisis bahan hukum dengan metode penafsiran teleologis. Berdasarkan penelitian ini diperoleh hasil bahwa dalam pelaksanaannya Peer to Peer Lending menemukan beberapa permasalahan, diantaranya risiko tarif bunga yang tinggi  sehingga banyak Penerima Pinjaman yang gagal bayar dan cara-cara penagihan yang tidak patut. Pada  dasarnya OJK sudah mengatur mengenai pencegahan risiko P2P Lending dalam beberapa ketentuan yang terdapat dalam POJK Nomor 77/POJK.07/2016 dan POJK Nomor 18/POJK.07/2018 sebagai pedoman bagi konsumen mengenai mekanisme layanan pengaduan konsumen dan penyelesaiannya.<br />Kata Kunci: peer to peer lending; risiko; layanan pengaduan konsumen</p>


2018 ◽  
Vol 29 (5) ◽  
pp. 197-200 ◽  
Author(s):  
Robin Blake

In May 2018, the European Union (EU) banned all outdoor uses of three neonicotinoid insecticides due to concerns about adverse effects on pollinators following their use. Neonicotinoids continue to be used in other areas of the world such as North America. However, increasing scrutiny following the European Union decision threatens their availability as a control tool for farmers in these regions too. This article aims to provide an update on the current status of neonicotinoids, including a brief overview of the reasons behind the European regulatory decision, alternative control strategies that are available to farmers, how the situation in Europe might influence what will happen in other regions of the world, and what this means for future regulatory decision-making. The author concludes that the recent neonicotinoid ban in the EU represents an overly conservative approach to pesticide regulation, and in using the Draft Bee Guidance Document, one where the majority of pesticides currently on the market will fail. There is no definitive scientific evidence that neonicotinoids are the primary cause of declines in bees, and although banning these insecticides is the factor that humans have the greatest control over, it represents an overly simplistic solution to a very complex problem, and one that alone may not improve bee health. Whilst extreme pressure from environmental NGOs and politicians have undoubtedly helped shape these decisions, it is imperative that the regulatory process allows scientific innovation to help achieve food security and protect the environment. Ruling against recent lawsuits brought by Syngenta and Bayer CropScience to contest the bans on their respective neonicotinoids, the General Court of the European Union, said that the EU's"precautionary principle" meant that the EU could take measures if there was scientific uncertainty about risks to human health or the environment. The precautionary principle lies at the heart of EU regulation and effectively puts the burden of proof to demonstrate that a pesticide poses no unacceptable risk onto the manufacturers. Given that neonicotinoids are insecticides, and insecticides kill insects, it is not difficult to connect how the use of the precautionary principle led to the neonicotinoid ban. However, this principle is at odds with the desire to innovate – the so-called "Innovation principle" – "whenever policy or regulatory decisions are under consideration the impact on innovation as a driver for jobs and growth should be assessed and addressed". The innovation principle and precautionary principle should be complementary, recognising the need to protect society and the environment while also protecting the EU's ability to innovate. Neonicotinoids represent one such innovation where their highly targeted nature, especially as seed treatments, makes them effective within Integrated Pest Management (IPM) strategies, in comparison to alternatives such as pyrethroids, organophosphates and carbamates, that are known to be highly toxic to bees (and other non-target invertebrates) through spray drift. Replacing neonicotinoids with these products will also result in higher overall environmental risks, including risks to taxonomic groups that are not adversely affected by neonicotinoids such as birds, mammals and fish, together with higher risks to humans, particularly applicators. The HFFA report recommends that potential environmental concerns must be balanced against the need to boost agricultural productivity, and if such an assessment results in societal benefits outweighing the costs, then the technology should be applied. The hope is that regulators in other regions of the world will judiciously balance innovation and precaution, and base decisions on science rather than opinion or fear, and thus allow the continued use of neonicotinoids as vital tools in the global fight against crop pests.


2020 ◽  

This book, containing legal research on the impact of legal certainty and fundamental rights on different branches of the law from a South African and German perspective, is the culmination of a collaboration between the University of Augsburg and the University of Johannesburg over the past decade. Topics of high current interest are introduced by South African scholars and responded to by their German counterparts, leading to a deeper understanding of open legal questions in both legal systems.


PETITUM ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 131-142
Author(s):  
Aisyah Aisyah ◽  
Haris Retno Susmiyati ◽  
Rahmawati Al-Hidayah

This study aim to analyze the implementation of the simple principle of Complete Systematic Land Registration in guaranteeing civil rights. This research uses the socio-legal research method which is a research approach that is carried out directly from the community as the first source through field research from the relevant institute. Based on the research conducted, it can be concluded that the implementation of the simple principle at the research location has not run optimally because the legal language and technical language in the land registration procedure are difficult to understand by the community, so that it implies that a simple principle has not been created in the Systematic Complete Land Registration. Simple principles in regulations need to be concretized in technical regulations to interpret these simple principles so that there are no more obstacles in land registration procedures so as to guarantee legal certainty and ease in land registration. Penelitian ini bertujuan untuk tentang implementasi asas sederhana Pendaftaran Tanah Sistematis Lengkap dalam menjamin hak keperdataan. Penelitian ini menggunakan metode socio-legal research yaitu pendekatan penelitian yang dilakukan langsung dari masyarakat sebagai sumber pertama melalui penelitian lapangan dari instansi terkait. Berdasarkan penelitian yang dilakukan, dapat disimpulkan bahwa implementasi asas sederhana di lokasi penelitian belum berjalan secara optimal karena bahasa hukum dan bahasa teknis dalam prosedur pendaftaran tanah sulit dipahami oleh masyarakat, sehingga berimplikasi belum terciptanya asas sederhana dalam Pendaftaran Tanah Sistematis Lengkap. Asas sederhana dalam peraturan perlu dikonkretkan regulasi teknisnya untuk menafsirkan asas sederhana tersebut agar tidak terjadi lagi hambatan dalam prosedur pendaftaran tanah sehingga menjamin kepastian hukum serta kemudahan dalam pendaftaran tanah.


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