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 Kewenangan Dan Ruang Lingkup Otoritas Jasa Keuangan Di Bidang Perbankan

2019 ◽  
Vol 19 (1) ◽  
pp. 40-49
Author(s):  
Nurasiah Harahap
Keyword(s):  
Mutual Funds ◽  
Capital Market ◽  
Financial Services ◽  
Banking Industry ◽  
Financial Service ◽  
Services Sector ◽  
Financial Services Sector ◽  
Regulation And Supervision ◽  
Stable Manner ◽  
Bank Checks

The Financial Services Authority (OJK) is a financial service supervision institution such as the Banking Industry, Capital Market, Mutual Funds, Financing Companies, Pension Funds and Insurance. OJK has become an independent institution based on the Law Number 21 Year 2011 concerning OJK, which means it is free from intervention or interference from any party. The purpose of the establishment of OJK is  that all activities in the Financial Services sector are carried out regularly, fairly, transparently and accountably; able to realize a financial system that grows in a sustainable and stable manner; and able to protect the interests of consumers and society.OJK has duties and authorities in the field of micropudential, which includes regulation and supervision of bank institutions, bank health, prudential aspects of banks, and bank checks. Whereas in the micropudential field, OJK's role is to assist Bank Indonesia (BI) to make moral appeals to the Banking Industry. Keywords: Financial Services Authority, Banking

scholarly journals Penyelesaian Sengketa Kontrak Modal Ventura Dengan Perusahan Pasangan Usaha (PPU)

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 311
Author(s):  
Indrajaya Indrajaya
Keyword(s):  
Venture Capital ◽  
Financial Services ◽  
Research Method ◽  
Business Partner ◽  
Legal Research ◽  
Conceptual Approach ◽  
Services Sector ◽  
Financial Services Sector ◽  
The Government ◽  
Settlement Of Disputes

In running their business, what is often the main obstacle for business actors in developing their business is usually related to the provision of capital. In order to overcome this, the Government issued policies in the economic sector, one of which was the issuance of policies regarding Financing Institutions as regulated in Presidential Regulation Number 9 of 2009. Followed up by the Regulation of the Minister of Finance on Venture Capital Companies No. 18 of 2012. As one of the businesses in the financial services sector, its approach is not only in business but also needs to be accompanied by a legal approach (legal approch) so that its existence can be recognized in business traffic. Even though the agreement has been bound in a contract, it is still common for business partner companies to default, and even lead to disputes in court. The purpose of this study is to analyze the settlement of disputes due to default by PPU on the contents of the financing contract between the Venture Capital Company and the PPU. The research method is normative legal research, using primary legal materials, secondary legal materials and tertiary legal materials. The approach is carried out with a statutory approach (statute approach) and a conceptual approach (conceptual approach). From the results of the research it is known that the settlement of disputes due to default by PPU on the contents of the financing contract between the Venture Capital Company and PPU, the settlement of the dispute is carried out by prioritizing non-litigation mechanisms, but if no agreement is reached, the Litigation channel is used.

scholarly journals PENGAWASAN PASAR MODAL SETELAH BERLAKUNYA UNDANGUNDANG NOMOR 21 TAHUN 2011 TENTANG OTORITAS JASA KEUANGAN

Legalita ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 63-79
Author(s):  
Suwardi
Keyword(s):  
Capital Market ◽  
Financial Services ◽  
Effective Means ◽  
Services Sector ◽  
The Public ◽  
Financial Services Sector ◽  
Before And After ◽  
The Government ◽  
The Capital Market

The capital market is seen as an effective means to accelerate the development of a country because of its ability to mobilize long-term funds from the public to be channeled to productive sectors. However, trading traffic on the capital market requires supervision from the government or parties that are considered to be independent to create safe and comfortable market conditions for each party that will carry out the transaction. This article raises the issue of how to control the capital market before and after the enactment of the Law Number 21 of 2011 concerning the Financial Services Authority ?. The writing of this article uses a normative approach in analyzing various laws and regulations as well as literature related to capital market developments. The process of data analysis is done qualitatively. The function of the capital market supervision after the enactment of Law Number 21 of 2011 concerning OJK replaces the function previously performed by the Capital Market Supervisory Agency (Bapepam). Supervision under the OJK is based on a passion to give attention to protection and education for consumers. Education and protection of financial consumers is directed to increase the trust of investors and consumers in every activity and business activity in the financial services sector and provide opportunities and opportunities for the development of the financial services sector in a fair, efficient and transparent manner.

scholarly journals Kewenangan Otoritas Jasa Keuangan (OJK) Melakukan Penyidikan: Analisis Pasal 9 Huruf C Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan

2021 ◽  
Vol 21 (2) ◽  
pp. 550
Author(s):  
Serlika Aprita
Keyword(s):  
Financial Services ◽  
Research Method ◽  
Legal Research ◽  
Services Sector ◽  
Supervisory System ◽  
Financial Services Sector ◽  
Procedure Code ◽  
Article 9 ◽  
The Republic

In Law No. 21 of 2011 concerning the Financial Services Authority authorizes the OJK to carry out investigations. Investigation is one of OJK's supervisory duties as referred to in Article 9 letter c of the OJK Law which reads: "To carry out the supervisory duties as referred to in Article 6, OJK has the authority to carry out supervision, examination, investigation, consumer protection, and other actions against Service Institutions. Finance, actors and / or supporting financial services activities as referred to in the laws and regulations in the financial services sector. " According to Article 49 paragraph (1) of Law No. 21 of 2011 concerning Financial Services Authority (OJK), OJK Investigators are: 1. Apart from Investigating Officers of the State Police of the Republic of Indonesia, certain Civil Servants whose scope of duties and responsibilities includes supervision financial services sector within the OJK, given special authority as investigators as referred to in the Criminal Procedure Code. The research method in this paper is to use normative legal research. The regulation regarding the role of the OJK as an investigator is regulated in article 9 letter (c) of Law No. 20 of 2011 concerning the Financial Services Authority which becomes the basis for OJK in conducting investigations of banking crimes, so that the OJK carries out the function of implementing an integrated regulatory and supervisory system of all activities in the financial services sector.

Protection of Customers for Management of Digital Banking Services (Study at PT. BRI Unit Boyolali)

2020 ◽  
Vol 3 (2) ◽  
pp. 170
Author(s):  
Herdian Ayu Andreana Beru Tarigan ◽  
Darminto Hartono Paulus
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Banking Industry ◽  
Service Innovation ◽  
Quality Of Services ◽  
Legal Research ◽  
Banking Services ◽  
Services Sector ◽  
Financial Services Sector

<p>Increasing competition in the Indonesian banking industry has encouraged many banks to improve the quality of services to customers by utilizing information technology developments. Service innovation in the use of information technology encourages banks to enter the era of digital banking services. However, the development of digital banking services also increases the risks faced by banks. The purpose of this study is to provide an overview of the implementation of digital banking services and customer protection for risks from digital banking services. The method used in this study is an empirical legal research method. The results of this study indicate that the implementation of digital banking services is regulated by OJK Regulation No.12/POJK.03/2018. The existence of this OJK Regulation is expected by banks as providers of digital banking services to always prioritize risk management in the use of information technology. In addition, this study also shows the existence of 2 types of customer protection for the use of digital banking services, namely preventive protection in the form of legislation related to customer protection in the financial services sector and repressive protection in the form of bank accountability for complaints from customers using digital banking services.</p>

scholarly journals Prinsip Kehati-hatian bagi Bank Selaku Kustodian di Pasar Modal Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rezandha Hutagalung
Keyword(s):  
Precautionary Principle ◽  
Capital Market ◽  
Financial Services ◽  
Main Task ◽  
Legal Research ◽  
Legal Norms ◽  
The Precautionary Principle ◽  
Banking Institutions ◽  
The Capital Market

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.

scholarly journals The Role of Otoritas Jasa Keuangan (Financial Services Authority) in Supervising Sharia Banking Products in Indonesia

2019 ◽  
Vol 2 (4) ◽  
pp. 375-384
Author(s):  
Ida Hanifah
Keyword(s):  
Financial Services ◽  
Financial System ◽  
System Stability ◽  
Islamic Banking ◽  
Services Sector ◽  
Financial Services Sector ◽  
Product Service ◽  
Moral Damage ◽  
Effective Supervision

The number of cross-sectoral issues in the financial services sector including Islamic banking, which includes moral hazard measures, lack of optimal protection of financial services, and the disruption of financial system stability increasingly encourage the need for the establishment of a supervisory institution in the integrated financial services sector. The source of moral damage in the management of the economy encourages the establishment of newsupervision institutions, more accountable and has a tighter function in overseeing the financial system so that it can better guarantee the achievement of financial system stability. Based on that, Financial Services Authority was formed. Various regulations that have been and will be made by the Financial Services Authority related to Islamic banking are expected to be able to provide protection for the Islamic banking industry as well as spur the development of Islamic banking in Indonesia. More comprehensive and effective supervision of sharia banking is needed along with the increase in market players, product / service variants, and increasingly innovative and complex technological advancements. During this time the existence of Financial Services Authority for Islamic banking has not felt its existence. Financial Services Authority Law is still silent on sharia-based financial services.

4 Criminal Prosecutions by Regulators—Procedural Considerations

2020 ◽  
Author(s):  
Russen Jonathan ◽  
Kingham Robin
Keyword(s):  
Financial Services ◽  
Criminal Proceedings ◽  
Services Sector ◽  
Financial Services Sector ◽  
Discrete Area ◽  
Evidence Collection ◽  
Court Proceedings

This chapter examines the role of the FCA and the PRA as prosecuting authorities and their right to bring criminal proceedings in pursuit of their regulatory objectives as enshrined in the Financial Services and Markets Act 2000 (FSMA). The FCA and the PRA are not the only agencies responsible for the prosecution of criminal offences in the financial services sector; the jurisdiction of the Serious Fraud Office (SFO) in particular often overlaps with that of the FCA and the two agencies can work in tandem. Meanwhile, although a discrete area of criminal practice, the regulators’ powers to administer a caution to an offender should not be overlooked—particularly in the context of ongoing investigations. Acceptance of a caution can provide an offender with a way of avoiding conviction and sanction whilst offering the prosecutor an ‘easy win’ without the need for costly court proceedings. The chapter then considers key procedural issues as well as the importance of evidence collection and deployment in financial services prosecutions.

scholarly journals The Role of ‘Digitalization’ in German Sustainability Bank Reporting

2020 ◽  
Vol 8 (1) ◽  
pp. 16 ◽  
Author(s):  
Florian Diener ◽  
Miroslav Špaček
Keyword(s):  
Financial Services ◽  
Banking Sector ◽  
Business Environment ◽  
Current Analysis ◽  
Structural Inequality ◽  
Services Sector ◽  
Financial Services Sector ◽  
Further Development ◽  
Insight Into

The financial services sector, particularly with respect to today’s banking industry, is aiming to make a digital transition. Sustainable reporting is a holistic new reporting approach in banking and has only become partially mandatory for the sector. Thus, this paper makes a contribution to the current analysis approach and further development of the German Sustainability Code as well as associated legal approaches. It concerns the assessment of mandatory sustainable reporting in the light of constantly changing market conditions and stricter legal requirements for stakeholder data responsibility. In specific, it focuses on a digital evolving business environment and is intended to provide an insight into the perception of the topic of digitalization in the banking sector. The assessment is based on the structure of the German Sustainability Code. Based on 113 bank reports, a multiple regression analysis of 1410 codings of the keyword ‘digital’ is carried out. The results show that banks partly and not fully address digital issues in their reporting. It transpires that the emphasis is on seven criteria, while social elements are totally ignored. The paper shows a structural inequality within sustainable bank reporting with regard to digitalization. It also shows that issues are not adequately addressed and covered in legal reporting standards and that the provision of information to stakeholders on specific issues is largely undefined.

Enhancing brand value using corporate social responsibility initiatives

2020 ◽  
Vol 23 (4) ◽  
pp. 575-602
Author(s):  
Ahmed Suhail Ajina ◽  
Sanjit Roy ◽  
Bang Nguyen ◽  
Arnold Japutra ◽  
Ali Homaid Al-Hajla
Keyword(s):  
Saudi Arabia ◽  
Social Responsibility ◽  
Financial Services ◽  
Financial Service ◽  
Brand Value ◽  
Socially Responsible ◽  
Content Type ◽  
Services Sector ◽  
Financial Services Sector ◽  
Corporate Social

Purpose This study aims to investigate employees’ perceptions of socially responsible financial services brands in Saudi Arabia. The study also identifies the motives and challenges for Islamic banks for higher involvement in social responsibility initiatives to enhance their brand values. Design/methodology/approach An inductive approach was used in this study to identify the motives and challenges related to corporate social responsibility (CSR) activities. The research design uses a qualitative approach where in-depth interviews were carried out among the employees in the financial services sector in Saudi Arabia. Findings Findings provide insights about how CSR initiatives for financial services brands in a developing and Islamic country are perceived. Results show that the focus of CSR activities is on the attribute of CSR, the magnitude of CSR and attitude towards CSR. Results show two main motives to engage in CSR activities, which are instrumental and ethical motives. The main challenges are related to the government, business, charitable organisations and customers and society. Practical implications Implications exist for how CSR is perceived in a new context and in the financial services industry. Understanding the current perception of CSR from a financial service brand perspective helps policymakers to develop appropriate platforms for financial service providers to become more socially involved. Originality/value The major contribution of this study lies in investigating the CSR perception among the key stakeholder (i.e. the employees) from a brand management perspective in the Saudi Arabian financial services sector. Further, this study shows the main motives and challenges, which local financial service brands face to become socially responsible. The categories of attributes, magnitude and attitudes can be used to enhance brand value in one of the economically advanced countries in the Arabic world, Saudi Arabia. In the first category “attribute”, the perception of socially responsible banks are highlighted, while the elements of CSR, including its dimensions, are emphasised in the second category “magnitude”. The third category “attitude” shows two themes, including stakeholders’ issues and business-related issues.

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