Bank Indonesia Regulation Number Research Articles

MENAKAR PROGRESIVITAS TEKNOLOGI FINANSIAL (FINTECH) DALAM HUKUM BISNIS DI INDONESIA

The PBI Number 19/12/PBI/2017 concerning the Implementation of Financial Technology is a staple of policy that shows the Financial Technology (Fintech) has been allowed to exist in Business Law in Indonesia such as business to business and business to consumer with particular limitation. The regulation on electronic money that has been enacted before the issuance of PBI Number 19/12/PBI/2017 is also included in the definition of Financial Technology (Fintech) in PBI Number 19/12/PBI/2017. Enormous benefits from Financial Technology (Fintech) is a driving force of the progressivity of the Financial Technology (Fintech) regulation. Review of laws relating to Financial Technology (Fintech) in Indonesia illustrates that the policy of Financial Technology (Fintech) is quite progressive. Such progressivity may be examined from the view point of Satjipto Rahardjo’s progressive law theory and Roscoe Pound’s sociological jurisprudence. The cause of the emergence of rules regarding current Financial Technology (ius constitutum) is contained in 4 points of urgency and 3 (three) points of consideration of Bank Indonesia Regulation Number 19/12/ PBI/2017. As long as the product of Financial Technology does not conflict with the existing value system, the Financial Technology product can be developed and regulated in Indonesia in the future (ius constituendum).

Tinjauan Yuridis Penyelesaian Sengketa Atas Pemakai Kartu Kredit Tipe Gold Dengan Bank Penerbit Kartu Kredit (Studi Putusan No. 161/Pdt-G/2017/PN. Mdn)

The credit card business in the modern era is now in great demand by the public so it is not surprising that banks are competing to issue credit cards with very attractive facilities that create competition between banks in Indonesia. This type of research is normative research, namely the type of research conducted by studying existing norms or legislation related to the issues discussed. The legal basis for credit card issuance is an agreement agreed by the parties, Act Number 3 of 2004 concerning Bank Indonesia. Law Number 10 of 1998 concerning National Banking. Decree of the Minister of Finance Number 1251 / KMK. 013/1988 Regarding the Provisions and Procedure for the Implementation of Bank Indonesia Regulation Financing Institutions Number 7/52 / PBI / 2005 concerning the Implementation of Card-Based Payment Instrument Activities, dated 28 December 2005, updated with Bank Indonesia Regulation Number 10/8 / PBI / 2008. Article 16 A and Article 16B of Bank Indonesia Regulation Number 14/2 / PBI / 2012. Factors that cause credit card disputes are delays and the inability to use credit cards to pay bills on their credit cards. Dispute Resolution in Decision No. 161 / Pdt.G / 2017 / PN. Mdn. Settlement is done through the Medan District Court because there is no settlement through consultation

Criteria of Bad Debt at National Banks That Have an Implication for Corruption

Banking is closely related to risk management as seen in Bank Indonesia Regulation number 11/25/2009 concerning Amendments to Bank Indonesia Regulation (PBI) Number: 5/8/2003 concerning Application of Risk Management for Commercial Banks. In Article 1 number 4 PBI 11/25/2009, explained risk is the potential loss due to the occurrence of certain events. The types of risks that might occur, are described in Article 4 PBI: 11/25/2009 namely Credit Risk, Market Risk, Liquidity Risk, Operational Risk, Legal Risk, Reputation Risk, Strategic Risk and Compliance Risk, but law enforcement officials cannot distinguish whether a state loss is the result of a Business Judgment Rule (BJR) or indeed an illegal act, focus on a state financial loss.

Analysis of The Probability of Money Laundering Crimes toward the Development of Crypto-currency Regulations in Indonesia

Cryptocurrency is done instantly, so it does not require a third party (the central bank as the holder of moneter policy). All transactions in the Cryptocurrency system will be collectively verified in a private network. Today Cryptocurrency transaction activities are prohibited in Indonesia in line with the issuance of Bank Indonesia Regulation number 18 of 2016 concerning the Implementation of Payment Transaction Processing. Taking into account that the clarity of the Cryptocurrency system is not very good and is still in the government assessment stage even though it is noted that the exchange rate of virtual currencies is very high, in 2017 the price of one Bitcoin is closed equivalent to 4,224 US dollars or around Rp. 56,000,000, with market capitalization (Marketcap) for 71.5 billion US dollars, equivalent to Rp. 954 trillion which makes investors choose to challenge inventories on Cryptocurrency or digital currency rather than investing in safe havens such as gold or bonds. This study will discuss how Cryptocurrency can provide potential money laundering criminal offenses in the form of digital transaction systems and how the regulations are developed. Given the legal conditions for proving money laundering crimes originating from criminal acts of corruption often find it difficult, especially against Cryptocurrency as a currency that is not recognized in Indonesia and the peer-to-peer nature that increasingly makes Cryptocurrency very private and difficult to trace.

LEGAL PROTECTION FOR USERS OF INTERNET BANKING CUSTOMERS FOLLOWING CHANGES IN INFORMATION AND ELECTRONIC TRANSACTIONS LAW

The presence of the Internet Banking service has offered a number of convenience and flexibility in conducting transactions, both between the bank and its customers, the bank and merchant, bank with the bank and the customer with the customer. However, this simplicity does not mean no risk. In addition to the Internet Banking service provides convenience, also in fact have some risks. The risk of a new character and is a challenge for practitioners and experts in the field of Internet Banking service to handle it, so it becomes important to discuss the legal efforts to protect customers' personal data in the operation of Internet Banking service after changes in legislation and elektronic information transaction. Forms of protection against customer data in Internet Banking in Indonesia are from several types of regulations that have regulated internet banking, namely Bank Indonesia Regulation Number 9/15 / PBI / 2007 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks and Act No. 19 of 2016 concerning Amendments to Act No. 8 of 2011 concerning Electronic Information and Transactions along with the Financial Services Authority Act in the section on consumer protection

A Critical Review of Legal Protection Against E-Money Users in Indonesia

Protection of e-money users must be done based on the increasingly advanced science and technology. The formulation of the problems in this study are: (1) What is the legal provision regarding e-money as a means of payment in commercial transactions in Indonesia? (2) What is the legal protection of e-money users in conducting commercial transactions in Indonesia? The formulation of the problem was studied in depth using the normative juridical approach. The results of this study are: First, e-money is regulated in Bank Indonesia Regulation Number 10/8 / PBI / 2008 concerning Amendments to Bank Indonesia Regulation Number 7/52 / PBI / 2008 concerning the implementation of Card-Based Payment Instrument Activities. Bank Indonesia Regulation Number 16/8 / PBI / 2014 concerning Amendments to Bank Indonesia Regulation Number 11/12 / PBI / 2009 concerning Electronic Money (Electronic Money). E-money issuers as regulated in Article 1 paragraph (1) of Bank Indonesia Regulation Number 16/8 / PBI / 2014 are Banks and Non-Bank Institutions incorporated in the form of Limited Liability Companies (PT). While the legal status / relationship between the holders of electronic money with the issuer of e-money money is based on the contract of sale and purchase, which has been regulated in Article 1457 of the Civil Code. Second, legal protection for e-money users can be done in two ways, namely: Preventive Legal Protection and Repressive Legal Protection

A Critical Review of Legal Protection Against E-Money Users in Indonesia

Protection of e-money users must be done based on the increasingly advanced science and technology. The formulation of the problems in this study are: (1) What is the legal provision regarding e-money as a means of payment in commercial transactions in Indonesia? (2) What is the legal protection of e-money users in conducting commercial transactions in Indonesia? The formulation of the problem was studied in depth using the normative juridical approach. The results of this study are: First, e-money is regulated in Bank Indonesia Regulation Number 10/8 / PBI / 2008 concerning Amendments to Bank Indonesia Regulation Number 7/52 / PBI / 2008 concerning the implementation of Card-Based Payment Instrument Activities. Bank Indonesia Regulation Number 16/8 / PBI / 2014 concerning Amendments to Bank Indonesia Regulation Number 11/12 / PBI / 2009 concerning Electronic Money (Electronic Money). E-money issuers as regulated in Article 1 paragraph (1) of Bank Indonesia Regulation Number 16/8 / PBI / 2014 are Banks and Non-Bank Institutions incorporated in the form of Limited Liability Companies (PT). While the legal status / relationship between the holders of electronic money with the issuer of e-money money is based on the contract of sale and purchase, which has been regulated in Article 1457 of the Civil Code. Second, legal protection for e-money users can be done in two ways, namely: Preventive Legal Protection and Repressive Legal Protection

The Impact of Mandatory Use Of Rupiah Currency Towards Indonesia Trade Value Competitiveness and Economic Growth

Volatility of Rupiah exchange rate to Foreign Currency in 2015 was indicated by Rupiah’s depreciation. The purpose of this paper is to see how the implementation of the mandatory use of Rupiah in Indonesia affected factors that caused its depreciation. In this paper, descriptive analysis and econometric analysis were used to demonstrate and explain the impact of some variables to the amount of money circulated in the market. Bank Indonesia Regulation Number: 17/3/PBI/2015 was issued on March 31, 2015 and Circular Letter Number: 17/11/DKSP was issued on June 1, 2015 that it requires mandatory on the use of Rupiah in Indonesia. The policy consists of economic, nationalism, and law perspectives. However, this paper focused only on the economic side with the main objective to see how it contributed to Rupiah’s stability. By analyzing the data quantitatively and qualitatively by using statistic procedure and simulation, this paper was able to show the effect of policy measure on the financial condition as an aggregate figure during the time of this research

RESTRUKTURISASI PEMBIAYAAN MURABAHAH

This study examines how the restructuring process occurred in the financing of murabahah problems both in Islamic banking and in other sharia business units. The problematic financing case occurs suddenly, because in general before experiencing a problematic phase, at this stage the bank will warn customers in a familial manner. Basically, the implementation of the Murabahah Restructuring is carried out with the principle of prudence and sharia principles through the rescheduling process, re-requirements, and rearrangement. In general, how this restructuring process must be in accordance with Bank Indonesia Regulation number No. 10/18/ PBI/2008 as amended by Bank Indonesia Regulation Number 13/9PBI/2011 concerning financing restructuring for Islamic banks and Islamic business units.

Regulasi Penggunaan Uang Digital Dagcoin dalam Prespektif Hukum Islam dan Hukum Positif

Dagcoin digital currency is one of the tools of online-based transaction payments that increasingly growing in the global economy. Nowadays The Investors interest to invest digital currency. Indonesia is a law country must establish certain laws related to digital currency that began to spread and used as a means of exchange or means of payment in Indonesia. This study is a normative juridical study that examines the rules relating to the use of money in the sale and purchase transactions and investment in the perspectives of Islamic law and Positive Law in Indonesia. The results of this study found that in Islam the use of digital currency in the purchase transactions and investment is not in accordance with the Shari'ah because it does not fulfill the enquires that exist in transactions using digital currency such as dagcoin. The existence of elements of gharar and maisir is the main reason for this digital money is not legitimate in Islam. As mentioned at Fatwa DSN-MUI Number 28 / DSN-MUI / III / 2002 on the exchange of money. Whereas in view of the positive Law has been described in Act No. 7 of 2011 on money, then digital money cannot be said as money because the conditions set in the law are not in digital money, then Bank Indonesia Regulation Number 18/40 / PBI / 2016 on the payment of electronic transactions is also not met in transactions that exist on the use of digital money dagcoin. So does the electronic transaction information law (ITE). Unclear regulation of the use of digital currency makes some users feel restless.

The Identification of Green Banking Concept and Bank Liability (A Study of Act Number 10 of 1998 with Extensive Interpretation and Progressive Legal Approach)

The purposes of this research are to analyze the identification of Green Banking concept in the Act Number 10 of 1998 with extensive interpretation and progressive legal approach and to analyze how banks should be held liable for based on applicable law in view of the extensive interpretation and progressive legal approach. This research is a normative legal research that has analyzed Green Banking concept using Act Number 10 of 1998 concerning Banking, Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality of Commercial Banks, Act Number 32 of 2009 concerning Environmental Protection and Management and the Financial Services Authority Regulation Number 51/POJK.03/2017 concerning the Application of Sustainable Finance for Financial Services Institutions, Issuer Companies and Public Companies, and then presented as prescriptive research. The result of this study is that banks are reluctant to further examine the AMDAL of financed projects and do not oversee such projects until the termination of the contract. Extensive interpretation and progressive legal approach can be used to provide bank a deep insight regarding the concept of green banking contained in the banking law and the extent to which banks (creditors) are subject to the terms of the lender liability.

The Impact of Hedging on Firm Value of Public Non-Bank State-Owned Enterprises

This research aimed to find the impact of hedging on firm value. This research focused on 14 public non-bank state-owned enterprises listed in Indonesia Stock Exchange. The data used were quarterly data from 2011 to 2015, and panel data analysis. The basic model of research used referred to the research of Junior & Laham (2008) as well as the development of models conducted by Allayanis & Weston (2001) to correct endogenous factors. The results showed that only five of the fourteen state-owned corporations that used a hedging instrument. The research findings showed that the firms which did hedging had a higher value than a firm that did not do it. A more detailed investigation found that the adoption of hedging strategies could increase the firm value, and the dislocation of the hedging strategy had a negative effect on the firm value, compared to firms that kept implementing hedging strategy. The magnitude of hedging measured using the Total Notional Value of Derivative to Total Assets (TNVD) also had a positive impact on the firm value. This finding also supported Bank Indonesia Regulation Number 15/8/PBI/2013 which was effective in reducing exchange rate risk for state-owned enterprises which in turn increased the firm value. JEL Classification : G 2 1, G 28 , G3 2, G38 DOI: https://doi.org/10.26905/jkdp.v22i2.1967

Islamic Economic Analysis Reviews: The Practice of Transparency of Effective Flat Banking Installment Systems

This paper is motivated by the existence of customers who do not understand the installment system that should be explained by the bank when offering their products. While the delivery of product information in which there is an installment system (flat effective), the bank takes profits in advance from the customer. This will be aggravated when the customer repays the smoothly and regularly loan installment, the bank will renew the credit again by increasing the number of new credit where the principal loan will be given by the bank, which means the customer will receive a new installment schedule with the composition of loan interest greater at the beginning. The purpose of this study is to find out how the application of the principle of transparency and its obstacle factors in implementing Bank Indonesia regulation Number: 7/6 / PBI / 2005 concerning transparency of bank product information. This study is a qualitative research with a normative evaluative approach. The study indicates that transparency of using the installment system to the customer is very important because the customer will know their rights and obligations while they are taking flat installment system. This is because most customers do not know the benefit of effective flat installment system. An effective, transparency flat installment to customers is very important to prevent misunderstandings that can cause harm to both parties especially to customers.

Penilaian Tingkat Kesehatan Bank Metode Rgec pada PT. Bank Tabungan Negara (Persero), Tbk. Periode 2014-2016

The thing that must be maintained by the banking is the customer's trust. The way to maintain the level of public confidence is to assess the health of the bank. Bank Indonesia Regulation Number 13/1 / PBI / 2011 is a Bank Indonesia regulation concerning Bank Rating. This assessment aims to assess the health of the Bank Tabungan Negara with RGEC method of Risk Profile, Good Corporate Governance, Earning, Capital period 2014-2016. This research design uses descriptive descriptive in the form of quantitative. Risk profile measured by NPL and LDR, good corporate governance measured by self assessment company, earnings researched with ROA and NIM and capital using CAR ratio. The research that has been done shows the Bank Tabungan Negara in the period 2014 get predicate Healthy Enough and in the period 2015-2016 increased by obtaining the predicate Healthy. This reflects Bank Tabungan Negara can improve and maintain the soundness of banks.
 Keywords : bank health level, good corporate governance, risk profile, capital, earning.

ANALISIS KEBIJAKAN PAJAK TERKAIT KEWAJIBAN BANKMELAPORKAN DATA TRANSAKSI PENGGUNAAN KARTU KREDIT NASABAH KE DIREKTORAT JENDERAL PAJAK MENURUT PERATURAN MENTERI KEUANGAN NOMOR 39/PMK.03/2016

This research aims to determine the legal basis and the development of bank secrecy regulations in Indonesia related to taxation, as well as to determine the policy of the Minister of Finance Regulation No. 39 / PMK.03 / 2016 related to the reporting of data transactions using credit cards to the Directorate General of Taxation. The research method used is qualitative method, which method is more suitable for use when discussing social issues in general. The data collected is not in the form of figures, but data derived from interviews and other official documents. The results of the study explained that the basic legal and regulatory developments of bank secrecy in Indonesia related to taxation regulated Law No. 10 of 1998 Article 41 paragraph (1), Law on General Provisions and Tax Procedures (CTP) of Article 35 paragraph (1) , Minister of Finance Regulation No. 87 / PMK.03 / 2013 on Procedures Demand description or evidence of the parties bound by the Confidentiality Obligations, and Bank Indonesia Regulation Number 2/19 / PBI / 2000 on Procedures for Granting Permission command or Written Opens Bank secrecy. Bank Secrecy also has exceptions including for tax purposes as set out in Finance Minister Regulation No. 39 / PMK.03 / 2016 regarding the liabilities of the bank in the reporting of data transactions using credit cards to the Directorate General of Taxation. Through research conducted suggested the existence of clear legal provision that the tax inspector will not experience bottlenecks in the process of examination of taxpayer data and the policy is expected to be coordinated in advance by the parties are related because in running this policy required accurate data good data from the banks as well as taxation and there must be a commitment that the data will be open for tax purposes guaranteed confidentiality.

BAGAIMANAKAH TINGKAT KESEHATAN BANK BUMN DI INDONESIA SETELAH KRISIS KEUANGAN 2008 : CAMELS ANALYSIS

The CAMELS method in this study is used to analyze and evaluate the financial performance of state-owned banks in Indonesia and is regulated in Bank Indonesia Regulation Number 6/10 / PBI / 2004 concerning the Rating System for Commercial Banks and Bank Indonesia Regulation Number 9/1 / PBI / 2007 concerning Rating System Health of Commercial Banks Based on Sharia Principles. Based on the results of the study, it can be concluded that from the four state-owned banks studied are Bank Mandiri, BRI, BNI and BTN, after 2008 financial crisis (2009-2016), the best bank health owned by Bank Rakyat Indonesia (BRI), it is shown by the value of CAMELS ratio on all indicators used always are in a position to follow the limits set by Bank Indonesia. While the weakest bank soundness is shown by the State Savings Bank (BTN) with the value of NPM ratio under the terms and LDR above the provisions of Bank Indonesia for healthy predicate and it also has the highest level of risk among the other three banks.

PENJUALAN PRODUK iB HASANAH CARD MELALUI PROMOTION MIX PADA BNI SYARIAH CAB. KOTA PALANGKA RAYA

Promotion and selling is an important function that the key to successful banking operations. Banks should be able to see the needs and tastes of the dynamic market with highly competitive conditions. Moreover, products and services in Islamic banking is still new and is not widely known to the public so it must have its own character in the marketing and sales strategies. And here the authors are interested in researching the product sales iB Hasanah Card through the promotion, because it is supported also by the narrative of one of the employees of BNI sharia city of Palangkaraya stating that there is significant influence on variables Promotion product mix on sales volume iB Hasanah this card, plus another in 2015, Bank Indonesia (BI) has issued rules restricting the credit card ownership by age and income.The formulation of the problem in this research; (1) How does the product characteristics iB Hasanah card (2) How can the sale of products iB Hasanah Card. This field research using qualitative descriptive approach, which is the object of research is the sale of products through the iB Hasanah Card Promotion mix on BNI Syariah Cab. While the research subjects were 2 employees in positions related. Methods of data collection using observation, interviews, and documentation. While the validity of the data is also attested by the triangulation technique, and then the data were analyzed through the method of collection, reduction, display, and Conclusions.With a wide range of references theory used to support the research, the results showed that, the sale of products iB Hasanah Card through the promotion mix that has the largest percentage is advertising, which have a percentage of both is personal selling, the third is a public relations (public relations) or publicity and the percentage The fourth is a sales promotion. Where the largest percentage occurred in 2015 which amounted to 4.18% and the lowest percentage occurred in 2012 which amounted to 1.45%. Based on the results of the above data can be authors conclude also that in 2014 to 2015 only the advertising decreased from 65.97% to 60.38% it reinforces the reasons of the problems occurred that a change in Bank Indonesia Regulation No.14 / 2 / PBI / 2012 dated January 6, 2012 on Amendment to Bank Indonesia Regulation Number 11/11 / PBI / 2009 regarding Organization Card Payment Instrument.

Capital adequacy of the banking industry in Indonesia

This study analyzes the relationship between credit risk and profitability on the capital adequacy ratio (CAR) of commercial banks in Indonesia. The empirical model result shows that credit risk and profitability performance altogether significantly influence the capital adequacy ratio (CAR). Partially, the variables that significantly influence the CAR are the characteristics and complexity of the bank group. This study also suggests that the pace towards the long-term balance is, in general, less than one year. Capital ratio in the banking industry is 8%, indicating the bank has set aside to anticipate the impact of external factors as well as to comply with Bank Indonesia Regulation Number 15/12/PBI/2013.

Analisis Perbandingan Pengungkapan Tata Kelola Perusahaan Pada Bank Umum Konvensional Dan Bank Umum Syariah Di Indonesia 2010-2013

This study aims to analyze the disclosure level ofcorporate governance report in the annual report of Conventional Commercial Bank (BUK) and Islamic Commercial Bank (BUS) in Indonesia in 2010-2013 with the indicators mentioned in the Bank Indonesia Regulation Number 8/4 / PBI / 2006 which was later revised by Bank Indonesia Regulation No. 8/14 / PBI / 2006 for the BUK and Bank Indonesia Regulation No. 11/33 / PBI / 2009 for BUS. In addition, this study analyzes and compares the growth rate of the disclosure. To achieve the objectives of the research, this study uses content analysis method. The results show that of the eight BUSs studied, only three banks (38%) provide corporate governance disclosure with more than 75%. While for the BUKs sampled, all provide corporate governance disclosure with more than 75%. Related to the growth of the disclosure, the average growth of disclosure for four years,for BUS is 6.27% and for BUK is 3.41%. The highest difference between the disclosure level of BUS and BUK is about 50%.Keywords: content analysis; Conventional Commercial Bank (BUK); Islamic Commercial Bank (BUS); disclosure; corporate governance;

CORPORATE GOVERNANCE IMPLEMENTATION AND PERFORMANCE ASSESMENT USING THE CGCG’s UGM RATING MODEL: COMMERCIAL BANKS IN INDONESIA

The purpose of this research is to examine the implementation of Good Corporate Governance (GCG) in Commercial Banks before and after the policy of The Bank Indonesia Regulation (PBI) Number 8/4/PBI/2006 concerning Good Corporate Governance Implementation for Commercial Banks. Center for Good Corporate Governance Universitas Gadjah Mada (CG CGCG UGM) rating model was employed to measure CG implementation in Commercial Banks which calculate both company organs and Corporate Governance (CG) basic principles in a universal framework. From the company organs perspective, a CG system consists of five (5) organs interacting each others, which are board of directors, board of executives, boards of commissioners/committees, auditors, and stakeholders. Meanwhile, from the CG basic principles perspective, a CG system should fulfill five (5) CG principles, which are Transparency, Accountability & Responsibility, Responsiveness, Independency, and Fairness. Therefore, the CG framework and rating model use The information technology as the main pillar in the application of CG. As for measuring banking performance, CAMEL ratio--which consist of the Capital Adequacy Ratio (CAR), Non Performing Loan (NPL), Management (Man), Net Interest Margin (NIM), and Loan to Deposit Ratio (LDR)--was applied. In conclusion, Using CGCG UGM rating model, it is discovered hat CG implementation at Indonesian banking system was improved subsequently to the issuance of PBI. Whereas on its performance, the significant changes were indicated by only two ratios, i.e. LDR and MAN. This research depicts Bank Indonesia effectiveness as regulator at providing CG implementation guide on PBI. This research reveals for the urge for Indonesian banking industry to boost GCG implementation for their rating and performance improvement. Keywords: corporate governance asessment, CAMEL, commercial banks, corporate governance