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Anindita Purnama Ningtyas
Brawijaya University
Law, Crime, Criminology & Criminal Justice

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Legal Framework for The Establishment of a Local-Owned Banking Enterprise: Study in Batu City Ria Casmi Arrsa; Anindita Purnama Ningtyas; Fransiska Ayulistya Sutanto
Jurnal IUS Kajian Hukum dan Keadilan Vol 9, No 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i2.896

Abstract

The establishment of a Local-Owned Enterprises (BUMD) operating in the banking sector has a strategic role for the people and the Government of Batu City in order to improve the economic status, public service, and competitiveness in the financial sector, and is an attempt to increase the regionally generated revenue as mandated by Law Number 23 of 2014 and Government Regulation Number 54 Year 2017. However, with the regulatory space and authority it has so far, Batu City Government has not established the BUMD as intended. Moreover, this paper will explain sociological aspect and the choice for politic of law for the Batu City Government in the framework of BUMD establishment in banking sector. Based on these circumstances, this paper uses a normative juridical research method to see regional community needs for banking financial institution owned by the Batu City Government. Based on the provisions of the legislation, the Batu City Government in preparing the process of establishing a BUMD begins with the formation of a BUMD formation team consisting of elements of the relevant Regional Apparatus, and prepare a research of regional needs and the feasibility of business fields in the banking sector to ensure the next step is to prepare and compile Regional Regulations governing the establishment of BUMD and ratification of legal entities by a notary through the Legal Entity Administration System of the Ministry of Law and Human Rights. According to theory and authoritative regulations, the formation of BUMD may be carried out in the form of a Legal Entity for a Regional Corporation, while the banking enterprise activities may be in the form of People’s Credit Banks (BPR) or Sharia People’s Financing Banks (BPRS).
Legal Framework for The Establishment of a Local-Owned Banking Enterprise: Study in Batu City Ria Casmi Arrsa; Anindita Purnama Ningtyas; Fransiska Ayulistya Sutanto
Jurnal IUS Kajian Hukum dan Keadilan Vol. 9 No. 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i2.896

Abstract

The establishment of a Local-Owned Enterprises (BUMD) operating in the banking sector has a strategic role for the people and the Government of Batu City in order to improve the economic status, public service, and competitiveness in the financial sector, and is an attempt to increase the regionally generated revenue as mandated by Law Number 23 of 2014 and Government Regulation Number 54 Year 2017. However, with the regulatory space and authority it has so far, Batu City Government has not established the BUMD as intended. Moreover, this paper will explain sociological aspect and the choice for politic of law for the Batu City Government in the framework of BUMD establishment in banking sector. Based on these circumstances, this paper uses a normative juridical research method to see regional community needs for banking financial institution owned by the Batu City Government. Based on the provisions of the legislation, the Batu City Government in preparing the process of establishing a BUMD begins with the formation of a BUMD formation team consisting of elements of the relevant Regional Apparatus, and prepare a research of regional needs and the feasibility of business fields in the banking sector to ensure the next step is to prepare and compile Regional Regulations governing the establishment of BUMD and ratification of legal entities by a notary through the Legal Entity Administration System of the Ministry of Law and Human Rights. According to theory and authoritative regulations, the formation of BUMD may be carried out in the form of a Legal Entity for a Regional Corporation, while the banking enterprise activities may be in the form of People’s Credit Banks (BPR) or Sharia People’s Financing Banks (BPRS).
The Fulfillment of The Clarity Principle Towards the Formulation Arrangement in The Recognition of Statutory Bodies Within the Limited Liability Company Amelia Sri Kusuma dewi; Anindita Purnama Ningtyas
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 1: April 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i1.1206

Abstract

For a legal entity, legality is the most important element, because it indicates a state of legality or legitimacy so that it is recognized by law and society as a legal subject. Limited Liability Company, requires a special establishment procedure to legalize legal entity status, as stated in Article 109 number 2 Law Number 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law which has changed the arrangements regarding the establishment of a Limited Liability Company which was previously regulated in Article 7 of the Law Number 40 of 2007 concerning Limited Liability Companies. After the amendment, the arrangement regarding the acquisition of Limited Liability Company legal status is “after being registered with the Minister and obtaining proof of registration”. The Research Team sees a legal issue, namely whether changing the arrangement meets the principle of clarity of formulation as stipulated in Article 5 letter f of Law Number 12 of 2011 Concerning the Establishment of Legislation. Furthermore, the Research Team also analyzed the proper legal reconstruction in the regulation regarding the acquisition of Limited Liability Company Legal Entity status, so that the principle of clarity of formulation was fulfilled as one of the principles for the Formation of good Legislation. This research is a type of normative juridical research using statutory and conceptual approaches. Based on the analysis of the Research Team, the arrangement regarding the time of acquiring the legal status of a Limited Liability Company does not meet the clarity principle of the formulation. While the proper legal reconstruction is to provide a formulation that uses a choice of words or terms, as well as the clarity of legal language in which understandable so that it minimizes the excessive interpretations in its implementation.
Co-Authors Fransiska Ayulistya Sutanto Ria Casmi Arrsa Sri Kusuma Dewi, Amelia