USU Journal of Legal Studies
Vol 1, No 1 (2017): VOLUME 1 ISSUE 1, MARCH 2017

LEGAL ANALYSIS OF BANK OBSERVATION IN INDONESIA THROUGH LAW PATHOLOGY APPROACH CONSTRUCTION

Reka Dewantara (Faculty of Law, University of Brawijaya)



Article Info

Publish Date
08 Jun 2017

Abstract

The development of hybrid products in new forms such as financial technology (fintech) and the emergence of business conglomerates of banks and financial institutions in Indonesia to be sociological juridical factors required independent independent institutions to supervise in the field of microprudential and regardless of the central bank of Bank Indonesia. Juridically the formation of Financial Supervisory Auhtority (FSA) in Indonesia, called the Financial Services Authority based on OJK Act number 21 of 2011 is a mandate of Article 34 of Law no. 23 of 1999 concerning Bank Indonesia as amended by Act no. 3 of 2004 which indirectly undermines the independence of Bank Indonesia. This leads to the need for an integrated regulation that supersedes the regulation in the field of supervision of financial institutions, especially the existing banks. The construction of a legal pathology approach for analyzing the development of regulatory and supervisory models of banking institutions in Indonesia was established through comparison with supervisory models in other countries, analyzing typologies of highly regulated banking institutions in Indonesia, regulatory mapping of regulations related to banking supervision with due regard to theoretical implications and practical implications To realize the principle of good banking governance.

Copyrights © 2017






Journal Info

Abbrev

UJLS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

USU Journal of Legal Studies (UJLS) is a peer-reviewed journal published by Faculty of Law University of Sumatera Utara two times a year in March and October. All papers submitted to this journal should be written in English or Bahasa. The aims of this journal is to provide a venue for ...