Daniel Susilo
Faculty of Law, Merdeka University Surabaya

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Regulation of Banking Policies That Brings Implication for Criminal Act Surti Yustianti; Daniel Susilo; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This research analyzes banking policy regulations that have implications for criminal acts. Decisions made by Bank Indonesia are in accordance with the authority and position pinned to Bank Indonesia officials. Policies made by Bank Indonesia can be appropriate or inappropriate with the principle of prudence and good faith. Bank Indonesia officials have authority related to their position. Bad ethics and inadvertent in making policies can cause state financial losses. As a result, the policy can be categorized as a criminal offense in banking sector. This is normative legal research. This study uses a legislative, conceptual, case and comparative approaches. Banking policies that have an impact on criminal acts can be seen from administrative, civil and criminal aspects related to the mistakes made by Bank Indonesia officials. If a Bank Indonesia official commits an error in implementing policy rules, criminal responsibility must be borne by the official.
Authority of Banking Supervision And Regulation By Bank Indonesia And Financial Services Authority (OJK) Asep Hery; Surti Yustianti; Daniel Susilo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This study analyzes the regulatory and supervisory authority of banks conducted by the Financial Services Authority set out in Law no. 21 of 2011 which was previously undertaken by Bank Indonesia in fact to apply the principles of prudence and good faith principles to banks in order to prevent the risk of banking crime. Banking supervision and regulation after the issuance of the OJK Law (Financial Services Authority), Bank Indonesia as the central bank only acts as a monetary policy regulator to maintain monetary stability. The problem in this research is about the concept of law of regulation and supervision of banking sector by OJK and how the legal relationship with Bank Indonesia. The type of research used is juridical normative, then the data used secondary data and primary data, the approach in this study using conceptual approach, and komporatif. Bank Indonesia's regulatory and supervisory duties transferred to OJK are only related to microprudential, and the banking arrangements by Bank Indonesia are still conducted by Bank Indonesia only macroprudential, while the regulation of banking by OJK is not fully independent.