Criminal Stain on a White Collar: A Critical Analysis of Proposed Changes to Directors’ Liabilities

<p>The recent finance company collapses have highlighted the need for improved director accountability. However where is the appropriate point to draw the line, which if crossed, imposes criminal liability? The Financial Markets Conduct Bill and the Companies and Limited Partnerships Amendment Bill both attempt to redefine when criminal liability will attach to directors. By assessing the proposed changes in the light of two recent cases, it can be seen that under the proposed changes, directors have the potential to be found criminally liable for less than dishonest behaviour. This raises the issue of whether criminal liability is appropriate in regards to directors’ actions, or whether a civil liability scheme would be more appropriate. This paper looks at the current law and the proposed changes to directors’ liability, and by considering the situations of two failed finance companies, attempts to draw conclusions as to the effects of such changes.</p>

Criminal Stain on a White Collar: A Critical Analysis of Proposed Changes to Directors’ Liabilities

<p>The recent finance company collapses have highlighted the need for improved director accountability. However where is the appropriate point to draw the line, which if crossed, imposes criminal liability? The Financial Markets Conduct Bill and the Companies and Limited Partnerships Amendment Bill both attempt to redefine when criminal liability will attach to directors. By assessing the proposed changes in the light of two recent cases, it can be seen that under the proposed changes, directors have the potential to be found criminally liable for less than dishonest behaviour. This raises the issue of whether criminal liability is appropriate in regards to directors’ actions, or whether a civil liability scheme would be more appropriate. This paper looks at the current law and the proposed changes to directors’ liability, and by considering the situations of two failed finance companies, attempts to draw conclusions as to the effects of such changes.</p>

EFFECT OF PRICE PERCEPTION AND BRAND AWARENESS ON SERVICE QUALITY MEDIATED BY PURCHASING DECISIONS

The finance company industry experienced much pressure in 2020 due to the covid-19 pandemic, this condition made business activities and social life almost stopped. This research was conducted at PT. Maybank Indonesia Finance is one of the financing companies in Indonesia that is currently proliferating. Purchasing decisions have an essential meaning for a financial institution because credit is one of the directives of funding by financial institutions to people who want to get an item on credit as the institution's main business. In determining a decision to purchase products and services, consumers perceive the goods and services they buy, such as the perception of the price of an item or service in making a purchase, and consumers can recognize the company's brand awareness. This research was conducted by nonprobability sampling method with purposive sampling type. Researchers distributed questionnaires to 100 Maybank Finance consumer respondents in Indonesia who had purchased Maybank Finance car loans in 2018-2020. The results of the analysis conclude that price perception has a positive and significant effect on purchasing decisions. Brand awareness has a positive and significant effect on credit purchasing decisions. Price perception has a positive and significant effect on service quality. Brand awareness has a positive and significant effect on service quality. Service quality has no positive and significant effect on purchasing decisions at Maybank Finance. Service quality mediating between brand awareness and purchasing decisions is not significant.

Coordinating Supply Chain Financing for E-commerce Companies Through a Loan Contract

This paper considers an online retailer and his or her manufacturer, both facing financial constraints and wishing to get loans from their e-commerce platform-backed finance company. Based on shared transaction data and monitored sales accounts, a tripartite loan contract is proposed to coordinate three parties’ actions in this supply chain financing problem. We prove that the proposed loan contract aligns the decentralized decision-makings of each party and duplicates the optimal channel performance under a fully integrated decision-making framework. A case study is then conducted to illustrate the performance of the proposed loan contract. The result shows that the proposed loan contract outperforms wholesale-price contracts, where coordination does not take place, and buyback contracts, where coordination happens between the retailer and the manufacturer only. Furthermore, a sensitivity analysis reveals that profit allocations among the lender, the retailer, and the manufacturer resulted from the proposed loan contract are more balanced when the cost-to-retail ratio or risk premium is high.

Kajian Yuridis Putusan Mahkamah Agung dalam Penyelesaian Sengketa Pada Perusahaan Leasing Dengan Badan Penyelesaian Sengketa Konsumen

The purpose of this study for reviewed the dispute resolution between the finance company and the consumer decided by BPSK in the case of Supreme Court Decision Number 210 K/Pdt.Sus-BPSK/2015 and examine the consideration of the Supreme Court Judge stating that BPSK is not authorized to decide case in between consumer financing companies.This research is normative descriptive who use secondary data and collecting data use literature study. Data analysis use interactive model.The result of the research indicates that the Supreme Court Decision Number 210 K/Pdt.Sus- BPSK/2015 in the case of special dispute on consumer dispute between First Indo American Leasing Branch Bandung ("First Indo Finance") with BPSK Bandung and Neva Rahmansyah, SE stated that The Supreme Court rejected the appeal from the First Appeal Applicant of PT First Indo American Leasing Bandung ("First Indo Finance") and amended the decision of Bandung District Court Number 461/Pdt.G/2014/PN Bdg. dated December 24, 2014 so that it is clear that the Supreme Court accepted the exception of the petitioners and stated that BPSK is not authorized to examine and adjudicate the case and to punish the Cassation Applicant Applicant to pay the court fee in the appeal level stipulated at Rp 500,000 (five hundred thousand rupiahs). Consideration of the Supreme Court Judge stating that BPSK is not authorized to decide the case in the case between the finance company and the consumer because the legal relationship between the Plaintiff and the Defendant constitutes a joint financing agreement with the fiduciary transfer of property, which implements civil law relationships and does not include consumer disputes as provided in the Act Number 8 Year 1999 on Consumer Protection so that the dispute arising from the implementation of the consumer financing agreement is a dispute agreement which is the authority of the District Court.

Effect of Ponzi schemes on a country: the case of Ghana

Purpose This paper aims to examine the nature and operations of the two main Ponzi schemes (DKM Diamond Micro Finance Company and Menzgold Company Limited). It explores how such dubious schemes were able to circumvent financial regulatory bodies and their impact on the social, political and economic spheres of Ghana. Design/methodology/approach The paper adopts both quantitative and qualitative research approaches and relies on secondary sources of data from the Bank of Ghana, World Bank and textbooks, etc. Findings It was found out that inadequate supervisory role by financial regulators was a factor that made these schemes thrive in Ghana which had dire consequences on the socio-economic of the country. Originality/value This is the first paper that explores the major Ponzi schemes in Ghana.

Customer Retention and Related Factors Analysis in Financial Services Company

High competition requires companies to maintain their consumers, so they do not turn to competitors. Besidesthat, the high acquisition cost to get new customer makes many companies shift their focus to customer retention.It also happens in the financial services industry in Indonesia. Their product is relatively homogeneous with tightregulations, price war from competitors, and the high credit risk to acquire new customers. It makes financecompanies concentrate on consumer retention. The research aimed to identify the factors that most influenceconsumer retention in the financial services company. Cluster random sampling technique was applied to getthe sample of the population. Secondary data from one branch of a finance company in a particular geographicalcluster (2.858 customers) were used. The selection of branches or geographical clusters was selected randomly.Data analysis was conducted based on several determinant factors that affected consumer retention, such as theamount of loan to value, days past due that consumers had, monthly income, and the mileage from the customerdomicile to the company offices. Pearson correlation analysis was used to analyze these determinant factors.Based on several factors, mileage and loan to value have a highly significant relationship with customer retention.Meanwhile, the other variables do not have a significant effect on customer retention.

Tinjauan Yuridis terhadap Penggunaan Jasa Pihak Ketiga (Debt Collector) dalam Menagih Kredit Bermasalah pada PT Adira Dinamika Multifinance TBK

The use of third party services by financing company PT Adira Dinamika Multifinance through a third party Service Company (debt couecton to perform a collection function for consumers or debtors who are difficult to collect by being declared in default. Regulations for the use of third party services by financing companies are regulated in POJK No. /POJK.05/2018 concerning the Implementation of Business Financing Companies, where financing companies can collaborate with other parties (third party services) with the aim of collecting non-performing loans., The consequences of collaboration between third party services and financing companies to collect non-performing loans that the finance company is fully responsible for the cooperation carried out if there is an act that violates the law in accordance with POJK Number 35 / POJK.05 / 2018. However, if the financing company has carried out the prescribed procedure and the third party service continues to commit acts against the law, then the liability will be borne by the third party's services in order to collect non-performing loans. This research uses normative legal research. The technique of collecting legal materials in this study is to collect from literature studies using documentary / recording techniques obtained related to primary, secondary, and tertiary legal materials

THE IMPACT OF THE LEADERSHIP, MOTIVATION AND JOB SATISFACTION TOWARDS EMPLOYEES PERFORMANCE IN ONE OF FINANCING COMPANY IN INDONESIA

This research has purposed to revealed those impact from the leadership, motivation and job satisfaction on employee performance in one of finance company in Indonesia. This research were include in qualitative descriptive research with the population are all employees of that finance company in Indonesia, which amounted of 405 employees, the sampling technique used proportional random sampling with a sample size of 80 respondents. The data collected through questionnaires. The data analysis method that used is multiple linear regression analysis to examine the hypothesis. According to these data analysis, the results shows that leadership, motivation and job satisfaction had a positive and significant affect on employee performance.

INFLUENCE OF THE DIGITAL ERA 4.0

The era of industry 4.0 which is based on new technology and can change the entire chain and management in every branch of the industry including the financial industry which is commonly known as financial technology and digital banking has been experienced by the world today. Changes towards Financial Technology and digital banking show that technology is capable of playing a strategic role in providing accessible financial services. This is in accordance with the behavior of consumers who want service without having to be face-to-face at the bank, insurance office, or finance company.