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Journal : International Conference on Law, Business and Governance (ICon-LBG)

Safety Net of The Financial System in The Perspective of Indonesian Banking Law Zulfi Diane Zaini
International Conference On Law, Business and Governance (ICon-LBG) Vol 1 (2013): 1st ICon-LBG
Publisher : UBL

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Abstract

The world’s economic conditions has shown a tendency of recession to re-occur in particular indeveloped countries, it is caused due to the worsening global economic and financial conditions thatcould have been worse than the crisis conditions of the last 2008. Related to that global financial crisis,it’s very likely that they have an impact on economic conditions in Indonesia, and the most highlyvulnerable is in banking sector. If this condition (Safety Net) is not anticipated and dealt with seriouslyand comprehensively by the Government, it could have an impact on a deep financial crisis. Thecondition does not only affect the poor aspects of banking liquidity, but also on the solvency andprofitability of the banking institutions.Financial Safety Net is one of the main pillars of economic activity, so that with the specific andexplicit arrangement, the occurrence of bank runs can be pursued and prevented, it can minimize thepossibility of a financial crisis, and it can reduce the frequency and impact of economic contraction inIndonesia.Given the large number of costs that must be borne by the State in the management and resolution ofcrises and the breadth of the impact of the crisis, we need a fine and effective crisis management. A goodand effective crisis management must be supported by a legal framework in the form of legislation andpolicies to deal with the crisis that clearly distinguished set of roles, responsibilities and effectivemechanisms of coordination from each related institution to some monetary authorities in the Safety Net.Crisis management also needs to be supported by the organization and effective leadership so that theycan develop strategies and crisis management measures quickly and effectively in the event of a crisis.
LEGAL STANDING OF FINANCIAL SERVICES AUTHORITY (FSA) AS SUPERVISION OF BANKS INSTITUTIONS IN INDONESIA Zulfi Diane Zaini; Tami Rusli
International Conference On Law, Business and Governance (ICon-LBG) 2016: 3th IConLBG
Publisher : UBL

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Abstract

The presence of Financial Services Authority (FSA) in the development of the financial sector in Indonesia is expected to help the activities of financial institutions, especially in banking, so that the regulation of financial services activities can be implemented well and have a positive impact for economic development in Indonesia. The weakness of bank supervision is one of the main causes of mismanagement bank that eventually led to bank failures. Bank has a special position as an institution of trust as its main business is to funding from and lend to the public. The problem in this research is how the legal standing of FSA in performing its functions as the National Institute of Banking Supervisors of the economic development of Indonesia? and How Legal Relationship between the FSA and Bank Indonesia as the Central Bank in Indonesia?.The research method used is Juridical Normative and Empirical Approach, The data used is secondary and primary data,analysis of the data used is Juridical Qualitative. Based on the results of research it is known that, Legal Standing of FSA is an Independent Institute, organized regulation and supervision of banking macroprudentialsystem. Regulation and supervision of the institutional, health, aspects of prudential and bank checks is a scope of the regulation and micro prudential supervision of the duties and authority of the FSA. Legal Relationship between the FSA and Bank Indonesia as the Central Bank in Indonesia, perform coordination and cooperation with Bank Indonesia, especially in terms of handling Problem Bank in line with Bank Indonesia function as a lender of last resort, in the case of the FSA indicates certain banks experiencing liquidity difficulties and/or worsen health conditions, FSA inform the Bank Indonesia to take steps in accordance with the authority of Bank Indonesia.
Bank Indonesia Law Relations With The Financial Services Authority (FSA) in Indonesian Banking Supervision Zulfi Diane Zaini
International Conference On Law, Business and Governance (ICon-LBG) Vol 1 (2013): 1st ICon-LBG
Publisher : UBL

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Abstract

With the presence of FSA, the supervision function of financial institutions, banks and nonbanks,will be taken over by FSA. Meanwhile Bank Indonesia as the Central Bank only acts as a regulatorto keep monetary policy for monetary stability. The formation of FSA will thus have an impact tochanges on four laws and regulations related to insurance, capital markets, banking, as well as the CapitalMarket Supervisory Agency and other financial institutions. Substantially the presence of FSA mustbridge the importance of each monitoring regulator at this moment.The duty of FSA in accordance with Article 6 of Law Number 21 Year 2011 regarding FSA ie:To carry out regulation and supervision of financial services activity in the banking sector, activities offinancial services in the Capital Market, activity in the financial services in insurance sector, pensions,funding agencies and other financial services institutions.Institutionally, FSA is outside the Government which means that FSA is not part of thegovernment authority. However there is a possibility of government representation elements existencebecause in reality FSA is the authority in the financial services sector that has strong relationships andlinkages with other authorities, in this case the fiscal authority (Minister of Finance) and the monetaryauthority (Bank Indonesia).The provision of Article 69 paragraph (1) letter (a) of Law no. 21 year 2011 asserts that the taskof Bank Indonesia in regulating and overseeing banks that are moved to FSA is a job of arrangements andsupervision related with microprudential, while Bank Indonesia still has a job related to macroprudentialbanking arrangements. Associated with it, the task of banking regulation is not fully implementedindependently by FSA because microprudential and macroprudential regulation would be highlyrelevant. Thus it can be seen that FSA still has a "special relationship" with Bank Indonesia, especially inbanking regulation and supervision .