scholarly journals TINDAK PIDANA PERBANKAN BERDASARKAN UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 7 TAHUN 1992 TENTANG PERBANKAN

2019 ◽  
Vol 1 (2) ◽  
pp. 105-116
Author(s):  
L. Alfies Sihombing, Yeni Nuraeni
Keyword(s):  
Corporate Governance ◽  
Banking Sector ◽  
Banking Regulation ◽  
Criminal Code ◽  
System Stability ◽  
Good Corporate Governance ◽  
Key Word ◽  
Banking Institutions ◽  
Strategic Position ◽  
Article 50

Abstract Not all articles of the banking law can ensnare perpetrators of criminal acts as regulated in Article 49 and Article 50 of Law No.10 of 1998 concerning Amendments to Law No.7 of 1992 concerning Banking, so as long as it is not regulated by This law can be applied to the Criminal Code (KUHP), such as criminal acts relating to documents or scripts forgery, so the provisions of Article 263 or Article 264 of the Criminal Code can be applied to regulate fraud, or embezzlement can be imposed under article 372 of the Criminal Code which regulates embezzlement, Article 378 (fraud), Article 362 (theft). Given the banking function and strategic position as supporting the smooth payment system, implementing monetary policy and achieving financial system stability, it is necessary to have Good Corporate Governance, healthy, transparent banking institutions and uphold the principles of professionalism and compliance with applicable provisions and regulations which can subsequently minimizing criminal acts in the banking sector. Key Word : Banking, regulation and criminal act Abstrak Tidak semua pasal-pasal dari undang-undang perbankan dapat menjerat pelaku tindak pidana sebagaimana diatur dalam Pasal 49 dan Pasal 50 Undang-Undang No.10 Tahun 1998 Tentang Perubahan atas Undang-undang No.7 Tahun 1992 Tentang Perbankan, maka sepanjang tidak diatur oleh Undang-undang ini dapat diterapkan Kitab Undang-Undang Hukum Pidana (KUHP), seperti tindak pidana yang berkaitan dengan tindakan pemalsuan dokumen atau warkat, maka dapat diberlakukan ketentuan Pasal 263 atau Pasal 264 KUHP yang mengatur pemalsuan surat, atau penggelapan dapat dikenakan pasal 372 KUHP yang mengatur tentang penggelapan, Pasal 378 (penipuan), Pasal 362 (pencurian). Mengingat fungsi perbankan dan kedudukan strategis sebagai penunjang kelancaran sistem pembayaran, pelaksanaan kebijakan moneter dan pencapaian stabilitas sistem keuangan, maka diperlukan adanya Good Corporate Governance, institusi perbankan yang sehat, transparan serta menjunjung tinggi azas profesionalisme dan kepatuhan terhadap ketentuan dan peraturan yang berlaku yang selanjutnya dapat meminimalisasi dilakukannya tindak pidana di bidang perbankan. Kata kunci : Perbankan, Peraturan dan tindak Pidana.

scholarly journals PENGARUH GOOD CORPORATE GOVERNANCE TERHADAP NILAI PERUSAHAAN DENGAN PROFITABILITAS SEBAGAI VARIABEL INTERVENING (Studi Pada Perusahaan Perbankan Di Bursa Efek Indonesia)

2018 ◽  
Vol 5 (2) ◽  
pp. 45-58
Author(s):  
G. A Sri Oktaryani ◽  
I Nyoman Nugraha Ardana P ◽  
Iwan Kusuma Negara ◽  
Siti Sofiyah ◽  
I Gede Mandra
Keyword(s):  
Corporate Governance ◽  
Firm Value ◽  
Stock Price ◽  
Banking Sector ◽  
Negative Impact ◽  
Positive Impact ◽  
Stock Exchange ◽  
Return On Equity ◽  
Good Corporate Governance ◽  
Significant Direct Effect

This research examines the effect of Good Corporate Governance (GCG) on firm value by using profitability as intervening variable.  Profitability is proxied by Return On Asset (ROA) and Return On Equity (ROE). This study used a quantitative approach and path analysis. The population consists of 35 firms that were listed in Banking sector of Indonesian Stock Exchange over period 2013 – 2015. There are 34 firms are choosen as samples which has published GCG composit index throughout observation years and has not done corporate action that could affect the stock price directly. The findings show that GCG has positive and significant direct effect on firm value. Furthermore, ROA has positive impact on firm value; meanwhile ROE has negative impact on firm value. The results also show that the better the implementation of GCG the higher the Return on Asset. Moreover, the indirect effect of GCG on firm value through profitability is not significant. Keywords: GCG, profitability, ROA, ROE, firm value.

scholarly journals ANALISIS PENGARUH GOOD CORPORATE GOVERNANCE DAN INTELLECTUAL CAPITAL DISCLOSURE TERHADAP EARNING RESPONSE COEFFICIENT (Studi Pada Perbankan Yang Listed di Bursa Negara ASEAN Tahun 2015-2016)

2019 ◽  
Vol 19 (1) ◽  
pp. 14-37
Author(s):  
Erwindiawan ,
Keyword(s):  
Corporate Governance ◽  
Intellectual Capital ◽  
Sampling Method ◽  
Banking Sector ◽  
Control Variable ◽  
Variable Size ◽  
Good Corporate Governance ◽  
Response Coefficient ◽  
Independent Variable ◽  
Spss Software

This study aims to determine the effect of Good Corporate Governance and Intellectual Capital Disclosure as independent variable on Earning Response Coefficient as dependent variable with control variable Size, Leverage and Growth.The populations in this research were banking sector companies in ASEAN (Indonesia, Singapura, Malaysia, Thailand and Philipine) and ASEAN CG Scorecard assesment in the period 2015-2016. By using purpose sampling method obtained 73 sample. The method used in this study is causal research methods and from 73 banking companies are used as the samples of this study with the specified criteria. The statistical method being used is multiple linear regression with SPSS software. The result shows that : 1) Good corporate governance has effect on Earning Response Coefficient, 2) Intellectual Capital Disclosure has effect on Earning Response Coefficient.

scholarly journals Corporate governance in the Brazilian banking sector: A study of practices adopted by the boards

2011 ◽  
Vol 8 (2) ◽  
pp. 37-46
Author(s):  
Marcelle Colares Oliveira ◽  
Lindenberg Araújo Aragão ◽  
Vera Maria Rodrigues Ponte
Keyword(s):  
Corporate Governance ◽  
Best Practices ◽  
Chief Executive Officer ◽  
Board Member ◽  
Banking Sector ◽  
Early Stage ◽  
Chief Executive ◽  
Stage Of Development ◽  
Banking Institutions ◽  
And Control

This study is an analysis of the best practices of corporate governance adopted by the boards of Brazilian banking institutions. The findings show that most banks adhere to the latest Brazilian Institute of Corporate Governance guidelines with regard to board size and to the standards required by BM&FBovespa in terms of independence. The banks studied are rigorous with regard to audits and control in the process of corporate governance and most have a diversified board with the positions of chief executive officer and chairman occupied by different individuals. Practices regarding disclosure of board member remuneration are still at an early stage of development with banks restricting disclosure to what is required by law.

scholarly journals PENGARUH PENERAPAN GOOD CORPORATE GOVERNANCE TERHADAP PROFITABILITAS PADA PERUSAHAAN PERBANKAN YANG TERDAFTAR DI BEI PERIODE 2009-2013

2014 ◽  
Vol 3 (1) ◽  
pp. 77
Author(s):  
Riana Christel Tumewu ◽  
Stanly Alexander
Keyword(s):  
Corporate Governance ◽  
Financial Performance ◽  
Banking Sector ◽  
Stock Exchange ◽  
Return On Equity ◽  
Purposive Sampling ◽  
Good Corporate Governance ◽  
Governance Practices ◽  
Independent Variable ◽  
Simple Regression

ABSTRAK Sejak krisis ekonomi tahun 1997 pelaksanaan tata kelola perusahaan yang baik, atau lebih dikenal dengan Good Corporate Governance (GCG) menjadi isu yang mengemuka di Indonesia. Akibat buruknya tata kelola perusahaan di Indonesia pada masa itu, menyebabkan perekonomian jatuh. Sehingga setiap orang setuju untuk mengcover kesulitan indonesia dimulai dengan tata kelola perusahaan. Objek dari penelitian ini yaitu dampak dari penerapan good corporate governance terhadap ROE. Tujuan dari penelitian ini adalah untuk mengetahui tentang pengaruh penerapn good corporate governance pada kinerja keuangan perusahaan. Sampel dalam penelitian ini adalah perusahaan sektor perbankan yang terdaftar di BEI (Bursa Efek Indonesia) dalam periode 2009-2013. Jumlah sampel yang digunakan sebanyak 16 perusahaan yang diambil melalui purposive sampling. Metode analisis dari penelitian ini menggunakan regresi berganda dan regresi sederhana program SPSS 20. Kata Kunci: Good Corporate Governance, Profitabilitas  ABSTRACT Since the economic crisis 1997 the implementation of good corporate governance being an issue in indonesia. The bad thing of governance’s company in those days causing indonesian economy being slump. So, every one agree to recovered from adversity, indonesia have to start with governance good corporate. The main objective of this research was to determine the effect of implementation of good corporate governance (GCG) to return on equity. The purpose of this research is to know about the influence of empirical evidence of Good Corporate Governance practices to the company's financial performance. The independent variable in this research is the implementation of GCG and the dependent variable is the financial performance using a ratio of profitability. The sample in this study were banking sector companies listed in Indonesian Stock Exchange (IDX) in the periode 2009-2013. The number of sample used were 16 companies listed were taken by purposive sampling. The method of analysis of this research used simple regression with SPSS 20 Program. Keyword: Good Corporate Governance, Profitability

scholarly journals PENGARUH GOOD CORPORATE GOVERNANCE TERHADAP KINERJA KEUANGAN PERUSAHAAN PERBANKAN YANG TERDAFTAR DI BEI TAHUN 2014-2018

2021 ◽  
Vol 10 (3) ◽  
pp. 290
Author(s):  
Della Ayu Rizki ◽  
Eni Wuryani
Keyword(s):  
Corporate Governance ◽  
Financial Performance ◽  
Board Of Directors ◽  
Audit Committee ◽  
Banking Sector ◽  
Audit Quality ◽  
Institutional Ownership ◽  
External Audit ◽  
Good Corporate Governance ◽  
The Board Of Directors

The purpose of this study was to determine the effect of implementing good corporate governance on financial performance in banking companies. Proxies for good corporate governance are the board of directors, the independent board of commissioners, the audit committee, external audit quality, and institutional ownership. Measurement of banking financial performance uses Return on Assets (ROA). The sample used is 26 samples of banking sector companies listed on the IDX during 2014-2018. The analysis technique uses multiple regression analysis. The results showed that the board of directors and institutional ownership have an influence on financial performance, while the independent board of commissioners, audit committee, and external audit quality have no influence on financial performance. Keywords: Good Corporate Governance;Financial Performance;Banking Sector.

Italian banking regulation and the legal obstacles to corporate governance convergence

2019 ◽  
Vol 24 (5) ◽  
pp. 493-514 ◽  
Author(s):  
Olivier Butzbach ◽  
Gennaro Rotondo
Keyword(s):  
Corporate Governance ◽  
Banking Sector ◽  
Banking Regulation ◽  
Point Of View ◽  
Sources Of Resistance ◽  
Shareholder Primacy ◽  
Italian Case ◽  
Governance Practices ◽  
Anglo American ◽  
Many Sources

An ongoing dispute in comparative corporate governance studies concerns the extent to which cross-country convergence towards, essentially, the shareholder primacy view is occurring. While some scholars, especially legal scholars and economists, have predicted (and sometimes advocated) a convergence of corporate governance practices towards the Anglo-American model of (seemingly) shareholder primacy, others sharply disagree and point to the persistence of stakeholder-oriented governance in many countries. Banking, from the point of view of corporate governance convergence, is an interesting industry, for at least two reasons: (i) banks are peculiar types of business organizations, entailing specific governance rules in most systems; (ii) banks are (monetary) financial intermediaries more and more active on capital markets, and thus more and more exposed to the isomorphic pressures generated on corporate governance by those markets. Thus, predictions on the convergence or divergence of banks’ corporate governance are not easy to make. The present paper aims to contribute to the scholarly dispute by analysing the Italian case, which has seen, over the past 30 years or so, an apparently unfettered process of transformation of banks’ governance and ownership towards the shareholder primacy model – a process epitomized by the recent reforms of the country’s cooperative banking sector. ‘Apparently’, because a closer look at the legal and regulatory bases of banks’ corporate governance actually shows many sources of divergence from the shareholder primacy model. Thus, the contribution proposed by the present study is twofold: first, it extends the ‘convergence’ discussion to the banking industry, where specific dynamics may help us better ‘test’ the hypotheses developed in the ‘convergence’ debate; second, it emphasizes alternative divergent patterns to those normally identified in the literature, where divergent ‘practice’ is often opposed to converging laws. Here, the sources of resistance to convergence are found in law itself.

An Analysis of Large Bank Corporate Governance and Litigation Expenses

2018 ◽  
Keyword(s):  
Corporate Governance ◽  
Banking Industry ◽  
The Past ◽  
Good Corporate Governance ◽  
Total Capital ◽  
The Us ◽  
European Banking ◽  
Banking Institutions ◽  
European Banks ◽  
Legal Costs

Over the past decade, the banking industry has incurred over $300 billion in litigation and related legal costs. We analyzed the litigation expense data and corporate governance data of seven US and six European banking institutions. The 13 banking intuitions incurred nearly $200 billion in litigation expenses, roughly two-thirds of the total litigation expense incurred by the entire banking industry. We compared corporate governance metrics to the litigation expenses for the same 13 banking institutions. There are four main findings: First, litigation expenses of large banks have been on the decline since 2015; second, although the US banks incurred much greater litigation expenses during the 2010–2014 period, their litigation expenses have declined much more quickly than those of the European banks during the 2015–2017 period; third, litigation expenses incurred by European banks have been much higher than those of US banks when compared with bank total revenues and total capital; fourth, for US banks there is a strong correlation between improved corporate governance and lower litigation costs. However, for European banks it appears that the comply-or-explain approach to corporate governance muddies the link between good corporate governance and lower litigation costs.

scholarly journals Corporate Governance, Risk Management and Ethical Investment: Evidence From Banking Industries

2019 ◽  
Vol 10 (5) ◽  
pp. 126
Author(s):  
Amzad Hossain ◽  
Farid A. Sobhani ◽  
Normah Omar ◽  
Norazida Mohamad ◽  
Jamaliah Said
Keyword(s):  
Risk Management ◽  
Corporate Governance ◽  
Board Of Directors ◽  
Management Practices ◽  
Banking Sector ◽  
Internal Audit ◽  
Ethical Investment ◽  
Responsible Investment ◽  
Good Corporate Governance ◽  
Governance Risk

Considering the importance of good corporate governance in the banking industry, the study has been designed to investigate the managerial perceptions on interrelationship among good corporate governance, risk management, and ethical investment of the commercial banks of Bangladesh. Bangladesh has been selected as a field of study for three reasons. Firstly, banking is the leading sector in Bangladesh. Secondly, banking sector has been highly criticized in the recent times due to Bangladesh Bank scandal. Thirdly, banking is gradually being challenging services in Bangladesh. As a financial intermediary, bank has to ensure good corporate governance for smooth operations and reducing agency problem. As a trustee, bank deals with the money of others through various schemes of investment. Ethical investment known as social responsible investment is an indicator of good corporate governance. A structured questionnaire has been used to gather perceptions of managers of the sample banks. The results suggest that the most important factors for effective CG were the board of directors, auditors and managers of the various departments. The study also finds that risk taking behavior of the bank is influenced by the direction of board of directors. In this study corporate governance variables have been categorized with some sub-indices. Board’s structure with independent directors and well communication with supervisors ensure the efficient risk management practices in the banks where internal audit system and transparent disclosures of the board ensure the ethical investment practices.

scholarly journals Pengaruh Risk Profile, Good Corporate Governance, Earning, Capital terhadap Value of Firm di Bursa Efek Indonesia

2020 ◽  
Vol 9 (2) ◽  
pp. 137
Author(s):  
Rhevinalda Bima Prakarsa ◽  
Winwin Yadiati ◽  
N. R. Handiani Suciati
Keyword(s):  
Corporate Governance ◽  
Firm Value ◽  
Banking Sector ◽  
Stock Exchange ◽  
Risk Profile ◽  
Capital Adequacy ◽  
Estimation Model ◽  
Self Assessment ◽  
Good Corporate Governance ◽  
Asset Quality

<em>The purpose of the company is to increase the firm value. But in the last six years, firm value of the banking sector has fluctuated and even tends to decrease. The level of banking health can be expected to increase the firm value. The level of banking health can be measured using Risk Profile (RP), Good Corporate Governance (GCG), Earning, Capital (RGEC) method which is the latest formula after Capital, Asset Quality, Management, Earning, Liquidity (CAMEL). The purpose of this study was to determine effect of the banking health on the firm value. The research method uses partial panel data regression through the determination of estimation model and classical assumption test in advance using 33 banks listed on Indonesia Stock Exchange (IDX). The results showed that there was significant and positive effect between Return on Asset (ROA) and Capital Adequacy Ratio (CAR) on firm value. Beside, there was positive but not significant effect between GCG and risk profile on firm value. The results showed that capital is a factor of business developer and company earnings can show as a signal of quality prospects. The application of GCG is not a significant influence because the results of self-assessment are not in accordance with fraud that occurs. Banks must be able to manage their risk, so that the risk can be an encouragement for them to produce high values.</em>

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