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Journal : JURNAL FIAT JUSTISIA

Prevention and Handling of the Crisis of Financial Systems in Banking Institutions Zulfi Diane Zaini; Lukmanul Hakim
Fiat Justisia: Jurnal Ilmu Hukum Vol 13 No 2 (2019)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v13no2.1567

Abstract

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.
The Completion of Misdemeanor through Rembuk Pekon in Lampung Province Zulfi Diane Zaini; Lintje Anna Marpaung; Zainab Ompu Jainah; Thia Remona Febrianti; Sija Putra Rulanda
Fiat Justisia: Jurnal Ilmu Hukum Vol 14 No 2 (2020)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v14no2.1880

Abstract

The resolution of a criminal offence does not have to be carried out through legal channels. Still, it can be done in the spirit of restorative justice, one of which uses the principle of ADR (Alternative Dispute Resolution) or (win-win solution) through the Rembuk Pekon which means through consensus agreement. This study aims to determine what crimes can be resolved with the Pekon consultation, how the process is resolved, and what the legal consequences are. This study uses an empirical normative method by examining the methods, norms, rules and primary data through observation and interviews, the results of the study indicate that the types of criminal acts that can be resolved with Rembuk Pekon include minor criminal offences Article 302, Article 352 paragraph (1), Article 364, Article 373, Article 379, Article 482, Article 315, Article 407 paragraph 1, and the criminal offence of complaint Article 284 of the Criminal Code. So in this study will discuss how the process of resolving minor criminal cases through the Rembuk Pekon and the authors have a suggestion that the police should implement the Rembuk Pekon to prioritize the principles of professional, modern and reliable, this so that the implementation of the Rembuk Pekon can run optimally.