Bank Indonesia Regulation Research Articles

Analisis Perbandingan GCG Pada Kinerja Keuangan Perbankan Syariah Dengan Perbankan Konvensional

The implementation of Good Corporate Governance in banking is expected to affect banking performance, because the implementation of Good Corporate Governance can improve financial performance. After the issuance of the Indonesian Banking Regulation (PBI) Number 8/4/PBI/2006 which was later amended by Bank Indonesia Regulation Number 8/14/PBI/2006, it became clear how good and correct Good Corporate Governance practices are. All banking companies are competing to improve corporate image through their respective Good Corporate Governance Reports. It is certain that there are differences between the implementation of Good Corporate Governance between conventional banking and Islamic banking. Because seen from the banking goals are definitely different. The purpose of this study is to see whether there is a difference between the implementation of Good Corporate Governance in conventional banks and Islamic banking. And the result is that the implementation of Good Corporate Governance in the banking industry is actually the same, both conventional banks and Islamic banks because it has been regulated by Bank Indonesia. The implementation of Good Corporate Governance begins with a vision and mission of the company which is then adjusted to the applicable laws and regulations. Then there is an additional organizational structure for Islamic banks in the implementation of Good Corporate Governance with the formation of the Sharia Supervisory Board and the National Sharia Council. Both of them serve as special supervisors of Islamic banks. Apart from that, the difference lies in the corporate culture.

PENERAPAN PRINSIP 5P DALAM MEMINIMALISIR RISIKO PEMBIAYAAN MUSYARAKAH MUTANAQISAH PADA PT. BANK NTB SYARIAH

The purpose of this study is to find out how to apply the 5P principle (party, purpose, payment, profitability, protection) in minimizing the risk of providing musyarakah mutanaqisah financing and find out whether or not the application of the 5P principle is effective in minimizing financing risk. This research uses a qualitative approach and by researching directly at PT. Bank NTB Syariah. This type of research data uses primary and secondary data types, data collection techniques through observation, interviews, and documentation. The informant came from the consumer finance division and risk management desk. The result of this study is the application of the 5P principle in minimizing the risk of providing musyarakah mutanaqisah financing at PT. Bank NTB Syariah has been applied according to theories on every principle and has applied the precautionary principle as in Law No.21 of 2008 concerning Sharia Banking in Article 2 and Article 23 paragraphs (1) and (2), and Bank Indonesia Regulation No.14 of 2012 concerning Asset Quality Assessment of Commercial Banks, in Article 2 paragraphs (1) and (2). Then the effectiveness of the application of the 5P principle in 2019 to 2021 has been very effective in minimizing the risk of musyarakah mutanaqisah financing, this is based on the results of interviews and observations from Non-Performing Financing which is decreasing and the bank can achieve the Non Performing Financing target contained in the Bank's Business Plan in 2019 to 2021

Implementation of Mediation as an Unique Step in Resolving Banking Business Disputes Sharia in Religious Courts

Mediation steps that are rarely carried out in sharia economic business problems are contained in the Al-Quran and Hadith which have been relied upon to be implemented in sharia banking, so that sharia business problems are now starting to enter a unique renewal phase which is the basis for fast and low-cost processes as the wheels of running the economy. because Islamic banks in their operations are still limited by Bank Indonesia regulations and applicable laws, for example the mudharabah principle, the Bai' Salam principle, the Wadi'ah principle, the Musyarakah principle, and the leasing principle (Ijarah). Islamic banks in their wheel of rotation are certainly inseparable from problems both internally and externally through financing with customers even though they are solely based on the principle of profit sharing.
 Keyword:Mediation, Disputes, Business, Sharia Banking.

PERLINDUNGAN HUKUM TERHADAP PENGGUNA E-WALLET DALAM SISTEM PEMBAYARAN DIGITAL DI INDONESIA

This research examines the legal protection for e-wallet users along with its development in Indonesia, where in a digital wallet (e-wallet) not only money is in it but also the personal data of the user. This study uses normative legal research, the data collection method in this study is the library research method. In this study using data analysis with quantitative methods that produce analytical descriptive data. The results of this study, the legal provisions regarding digital wallets in Indonesian laws and regulations have not been specifically regulated. However, several Bank Indonesia regulations have discussed digital wallets, namely procedures and permits for digital wallet management so that digital wallets can be legally applied to matters that digital wallet operators must comply with. The Financial Services Authority as the body that regulates the implementation of payment system services, including digital wallets, has an obligation to ensure the protection of its users. In addition to formulating regulations and policies, it is also necessary to oversee the implementation of these regulations, because there are still many digital wallet users who experience losses and difficulties, and do not even receive solutions or accountability for business actors for the losses they experience.

Implementation of Customer Due Diligence Principles on Financial Service Companies in Preventing and Eradicating Criminal Action of Money Laundering in Medan

This study discusses about the implentation of customer due diligince principles on financial service companies in preventing and eradicating criminal action of money laundering in Medan. Indonesia has many favorable factors for conducting money laundering, so it does not doubt that Indonesia is labeled as a non-cooperative country combating money laundering crimes. In order to prevent and eradicate money laundering, Law No. 8 of 2010 regulates the principle of customer due diligence. The study was conducted in Medan because in Medan there are many financial services industry companies that are engaged in autotyping, real state, foreign exchange, securities companies, insurance, postal, gold, jewelery, precious metals, savings and loan cooperatives and others. Secondary the data was collected through library studies by inventorying a number of laws and regulations related to money laundering. The result shows that Principle The Customer Due Diligence has a strong legal basis in various regulations in the field of money laundering and in the Financial Services Authority regulations as in Article 18 Paragraph (2) of Law No. 8 of 2010 and Bank Indonesia Regulation (PBI) No. 3/10 / PBI / 2001 concerning Application of Know Your Customer Principles as last amended by PBI No. 5/21 / PBI / 2003. in 2009, PBI No. 5/21 / PBI / 2003 concerning Application of Know Your Customer Principles.

Analysis of the formation of laws and regulations in the Indonesian legislation hierarchy

The hierarchy of laws and regulations, as stipulated in Article 7 of Law No. 12 of 2011, shows the types and levels of laws and regulations in force in Indonesia. In addition to the hierarchy regulated in Article 7, Article 8 paragraph (1) of Law No. 12 of 2011 also regulates other types of laws and regulations that are legally recognized. The existence of laws and regulations in Article 8, paragraph (1) has reaped a number of problems. One of them is the position of the regulation in the hierarchy of laws and regulations and the identification of which state ministries/institutions are entitled to issue regulations as referred to in Article 8 paragraph (1) of Law No.12 of 2011. This paper is a normative research study that uses a conceptual approach and a statutory approach. The results showed that the types of laws and regulations recognized according to Article 8 paragraph (1) of Law No. 12 of 2011 should only include Bank Indonesia Regulations, Ministerial Regulations, and Regional Head Regulations. Furthermore, the existence of Article 8 paragraph (1) will have an impact on the ambiguity of the preparation of laws and regulations based on the concept of Good Regulatory Practices.

Transformasi dan Pengolahan Data Pelaporan Bank Umum Menggunakan Teknik Data Virtualisasi

The development of data technology and its utilization is very fast, resulting in humans ’ competi tion for innovat ion in the data that can be more easily processed in such a way as to meet user ’s expectations. Data integration is an important aspect to make data and information are connected one and an other. Weaknesses that often arise from the traditional -way of ETL (Extract-Transform-Load) are the complexity of connections from multiple sources, as well as the dependence on temporary data storage to allow data to flow from the source Database to the target Database. The application of data virtualization can provide the right solution to integrate data more effectively and more efficient ly than the use of ETL methods in general. The purpose of this research is that Data Virtualization can provide features and renewable technology, making it easier for users to generate daily or monthly bank reports faster in accordance with the expectations and provisions in the Bank Indonesia (BI) regulations. Therefore, in the process of this research, R&D (Research and Development) is still considered the most appropriate method . T he results of this research are solutions or commercial bank ’ s data processing systems that can issue the result information that will be daily / monthly report ed by the users to Bank Indonesia.

PENERAPAN LAPORAN KEUANGAN DENGAN METODE RASIO CAMEL UNTUK MENILAI KINERJA KEUANGAN PADA BANK BTN YANG TERDAFTAR DI OJK

Banks play an important role in the economy of a country, therefore a healthy bank is needed. Assessment of the health of a bank can be measured using the CAMEL method based on regulations issued by Bank Indonesia No. 6/10/PBI/2004 because Bank Indonesia is the Central Bank whose regulations regulate the Bank Soundness Level. The purpose of this study was to determine the soundness of the State Savings Bank (BTN) in the 2017-2019 period, of which all four were State-Owned Enterprises (BUMN). The research method used is the CAMEL ratio method (CAR, KAP, NPM, ROA & BOPO, LDR). The results of the research for the last 3 years, after being measured by the applicable standard Bank Indonesia regulations, it was found that the average soundness level of Bank BTN was in the Pretty Healthy Predicate. State-owned banks should improve their financial performance to increase the predicate as healthy or very healthy banks because SOEs are banks that have the largest assets in Indonesia

The Role of Financial Statements using the Camel Ratio Method to Assess Financial Performance at BNI Banks Registered at OJK

Purpuse: The aim is to determine the soundness of Bank Negara Indonesia (BNI in the 2017-2019 period, of which all four are State-Owned Enterprises (BUMN).
 Design/methodology/approach: The analysis carried out is a qualitative analysis using the CAMEL ratio method (CAR, KAP, NPM, ROA&BOPO, LDR).
 Findings: The results of the research in the last 3 years after being measured by the applicable standard Bank Indonesia regulations, it was found that the average soundness level of state-owned banks was in the Unhealthy Predicate. State-owned banks should improve their financial performance to increase the title as a healthy or very healthy bank because SOEs are banks that have the largest assets in Indonesia.
 Practical implications: Increasing the predicate as a healthy or very healthy bank because BUMN is the bank that has the largest assets in Indonesia.
 Originality/value: This paper is genuine
 paper type: research paper

Analysis of the Health of Islamic Banking in Indonesia

This study aims to determine the soundness of Islamic Commercial Banks using the measurement method regulated in Bank Indonesia Regulation PBI No.13/1/PBI/2011, concerning Assessment of Bank Soundness Levels using the RGEC method. The assessment factors in the RGEC method are the risk profile factor (bank risk), the Good Corporate Governance (GCG) factor, the earnings factor (profitability) and the capital factor (capital). The object of this research isFinancial Statements of Bank Muamalat Indonesia and Bank BJB Syariah from 2015 to 2018. The analysis technique in this study is quantitative descriptive by calculating financial ratios using the RGEC method. The results of this study indicate that Bank Muamalat and Bank BJB Syariah, show the period from 2015 to 2018 in the fairly healthy category.

ANALISIS TINGKAT KESEHATAN PERBANKAN MENGGUNAKAN METODE RISK-BASED PADA PT.BANK MUAMALAT INDONESIA

Banking is a financial institution that has great potential and enormous social value to grow and develop in carrying out its role as a source of financing for customers and the business sector, especially in facing the era of globalization in a country, especially Indonesia. Likewise, the soundness of a bank becomes a barometer of the ability to compete in the business world, because a bank is a company. Therefore, it is very important to maintain public trust in its performance. Based on Bank Indonesia regulation, bank soundness assessment will be very useful in implementing Good Corporate Governance and for dealing with future risks. The Risk-Based Bank Rating method is a policy issued by the government as a tool for assessing the soundness of a bank with the scope of the assessment covering the following factors: Risk profile, Good Corporate Governance , Profitability and Capital to produce a composite rating of bank soundness. The purpose of this study was to determine the soundness of the bank on the balance sheet items, profit and loss and cash flow as well as the financial performance of PT. Bank Muamalat Indonesia Tbk uses the Risk-Based Bank Rating method for 3 years. The results of the research generally show that PT Bank Muamalat Indonesia Tbk is in the composite rank 3 with the criteria of "Sufficiently Healthy". This indicates that the bank's condition is generally quite healthy and able to face significant negative effects from changes in business conditions and other external factors. 

Metode RGEC: Penilaian Tingkat Kesehatan Bank Sebelum dan Sesudah Merger Menjadi Bank Syariah Indonesia

This study aims to understand the soundness of Islamic banks in Indonesia by using the RGEC method as set out in Bank Indonesia Regulation PBI No. 13/l/PBI/20ll. The assessment factors in the RGEC method are Risk Profile, GCG (Good Corporate Governance), Capital (Capital) and Profitability (Earnings). The subjects of this research are all companies belonging to Islamic banking listed on the Indonesia Stock Exchange for the period 2020-2021. The sampling technique used a purposive experiment. The audit strategy used is descriptive quantitative by ensuring the monetary proportion using the RGEC strategy. The consequences of this study prove that a bank that has a very healthy level of health category for the 2020 period is Bank Syariah Mandiri, while in 2021 the health level that is in the healthy category is BSI (Bank Syariah Indonesia).

Bank Health Analysis at PT. Bank NTB Syariah With Risk Based Bank Rating and Financial Distress Method

This study aims to determine the health level of PT Bank NTB Syariah in 2019-2020. This research uses quantitative research. The data collection method used in this research is the documentation method. The data analysis technique used is to analyze financial statements in accordance with PJOK Number 8/POJK.03/2014 CHAPTER II Article 6 No. 1 and Article 2 Bank Indonesia Regulation No. 13/1/PBI/2011. The results of the study show that the risk profile or risk profile of Bank NTB Syariah in 2019 and 2020 seen from the NPF value obtained a healthy predicate, while if viewed from the FDR value in 2019 the NPF value received a healthy predicate, but in 2020 it received a Fairly Healthy predicate. Earnings or Profitability of Bank NTB Syariah in 2019 and 2020 obtained the title Very Healthy as reflected in the ROA ratio value of more than 1.5% Capital or Bank NTB Syariah capital in 2019 and 2020 obtained the predicate very healthy as reflected in the calculation of the CAR ratio exceeding the limit 12%. Based on the Self-Assessment in the report on the implementation of Good Corporate Governance, Bank NTB Syariah in 2019 and 2020, obtained a composite rating of 2 with the "Good" predicate category. The NPF, ROA and CAR ratio values ​​indicate the condition of the Islamic NTB Bank in a healthy condition and no potential for Financial Distress to occur.

Role of The Notary in The Transition of Receivables (CESSIE) on Non-Load Loans in PT Bank Tabungan Negara

The settlement of bad debts through the transfer of receivables (CESSIE) is regulated in Article 613 of the Civil Code. However, in practice, there are problems regarding the mechanism for implementing the transfer of receivables (CESSIE) in the case of the Pekanbaru District Court decision Number 129/Pdt.G/2016/PN.PBR is then on appeal with the decision of the Pekanbaru High Court Number 59/Pdt.G/2017/PT.PBR. This study aims to analyze the mechanism for the transfer of receivables (CESSIE), which is considered valid by applicable legal provisions, and to examine and analyze the role of the Notary in the transfer of receivables (CESSIE). This study uses a normative juridical method, with the research specifications used prescriptively. The writing uses secondary data consisting of primary, secondary, and tertiary legal materials. Methods Data collection using literature study with the method presented in the form of descriptive narrative text. Analysis The data were analyzed in a qualitative normative manner. The research results obtained are 4 (four) stages of the mechanism that are considered valid in settling bad loans through the transfer of receivables (cessie) by PT. Bank Tabungan Negara. First, the credit was declared bad by the Bank, in this case, PT. Bank. Tabungan Negara Second, by implementing the restructuring of credit belonging to debtors who are unable to carry out their performance as they should. Third, PT. Bank Tabungan Negara is required to subpoena 3 (three) times to the Debtor due to default by the Debtor. Fourth, through the transfer of receivables (CESSIE), which is bound by Mortgage Rights and contained in authentic deeds, PT. Bank Tabungan Negara can sell the object of collateral owned without the assistance of the Court. The four stages refer to the provisions of Article 1243 of the Civil Code, Law Number 10 of 1998, concerning Banking and its implementing regulations, namely Bank Indonesia Regulation Number 14/15/PBI/2012 concerning asset quality assessment of commercial banks which is now the Financial Services Authority Regulation Number 40 / POJK.03/2019, and the Mortgage Law. If this fourth stage is not carried out, the mechanism for the transfer of receivables (CESSIE), which the Mortgage Rights do not bind, is still valid but is not related to the transfer of the object of collateral. The Notary's role in transferring receivables (CESSIE) in the case of Decision Number 129/Pdt.G/2016/PN. PBR is not following the provisions of the Law on Notary Positions. What is violated is that the Notary does not provide legal counseling as referred to in Article 15 paragraph (2) letter (e) of the Notary Position Act. The Notary is authorized to provide legal counseling regarding the deed. In the case of a transfer of sale and purchase of receivables (CESSIE), the role of the notary shifts as the Pejabat Pembuat Akta Tanah (PPAT) to transfer the mortgage guarantee from the old creditor (Cedent) to the new creditor (Cessionaris), the Deed of Transfer of Mortgage Rights (APHT) is then registered to the Office of the National Land Agency (BPN), thereby switching Mortgage Rights from the old creditor (Cedent) to the new creditor (Cessionaris). Without the transfer of Mortgage registration, the new creditor (cessionary) only becomes a congruent creditor, not a separatist creditor, and does not have preferential rights in paying off debtors' debts.Keywords: Role of Notary, Bad Credit, Cessie

TANGGUNG JAWAB HUKUM PENERBIT UANG ELEKTRONIK TERHADAP KERUGIAN NASABAH PENGGUNA UANG ELEKTRONIK DI BANK MANDIRI

This study seeks to explain the topic of the legal liability of e-money card issuers for losses incurred by their clients. Due to imprecise compensation procedures for the issuer, the issuer's legal responsibility is legally deficient, which frequently produces legal doubt for the protection of customers. It renders the e-money issuer legally immune from liability. In particular, this research attempts to create legal comparisons to demonstrate that the compensation and liability mechanism is not exhaustive, using UU No. 8, 1999 on Consumer Protection as an example. This research also discusses compensation for losses incurred by Bank Mandiri customers as a result of the incomplete compensation process outlined in Bank Indonesia Regulation Number 20/6 / PBI / 2018. This study is a legal normative study using a statutory approach (statute approach) and a case study approach (case approach). This research uses literary studies as its method of data collection. Through his or her review of the relevant literature, the researcher gathered and examined several documents using content analysis. The findings of this study demonstrate that the issuer of electronic money cannot be held liable for losses caused by client error. This compensation mechanism can only be used if the error was committed by the electronic money issuer and was determined to be incompatible with the Consumer Protection Law, which prioritizes consumer rights.

PENGATURAN HUKUM PERSAINGAN USAHA ATAS JASA KEUANGAN DIGITAL DI INDONESIA

The revolution from industry 4.0 has created a new finding in the financial sector, namely digital finance. The unclear legal rules governing business competition in the digital financial services industry can lead to cartel actions in conducting business competition. The method used in writing this article is normative legal research on the phenomenon of the development of the digital financial era in Indonesia. This study aims to analyze the legal regulation of business competition for digital financial services and fair business competition in the digital financial services industry. The regulation of digital financial services in Indonesia is regulated in Bank Indonesia Regulation Number 19/12/PBI/2017 concerning the Application of Financial Technology, and is also regulated in the Financial Services Authority Regulation No. 13 /POJK.02/2018 regarding digital financial innovation, it also includes consumer protection for digital financial service users. However, to guarantee legal certainty for the community or consumers, it must be regulated in the form of a law.

The Effect of Implementing Good Corporate Governance on the Profitability and Financing Risk of Sharia Commercial Banks

The concept of good corporate governance (GCG) is based on agency theory which is expected to reduce conflicts of interest between agents and principals that can occur in every company, including sharia banks. This situation was realized by the Bank of Indonesia, which then issued a policy that emphasized the need for applying GCG in Bank Indonesia Regulation, namely PBI Number 11/33/PBI/2009. This study examines the effect of applying GCG on profitability and financing risk at the Sharia Commercial Bank in Indonesia. The application of GCG is measured using a composite value self-assessment GCG. Profitability is measured by the ratio of ROA and ROE, while the ratio of NPF measures financing risk. This study uses secondary data, namely annual and GCG implementation reports from 2010 to 2019, published on each official website of Sharia Commercial Bank. Based on the purposive sampling method, 8 of Sharia Commercial Bank ware sampled in this study with a total of 80 observations. Data analysis techniques use panel data regression analysis. The results showed that the application of GCG had a negative and significant effect on profitability measured by ROA and ROE ratios and had a significant positive effect on financing risk measured by the NPF ratio.

Reposition of Ta’zir and Ta’wid on Moral Hazard Behavior in Islamic Banking in Indonesia

Introduction to The Problem: The use of ta’zir and ta’wid in dealing with moral hazards in Islamic banking has been legalized through Bank Indonesia Regulation Number 7/46/PBI/2005 and DSN-MUI Fatwa Number 17/DSN-MUI/IX/2000. However, some scholars do not justify these policies because they are contrary to sharia rules. Purpose/Objective: This research aims to reposition ta’zir and ta’wid in dealing with moral hazard behavior. The repositioning in this context is to look for alternative ways to deal with customer moral hazard behavior. Design/Methodology/Approach: This is qualitative research involving secondary data arranged in an inductive-descriptive manner. It is also associated with a case study to obtain a complete picture of ta’zir and ta’wid in preventing moral hazards in Islamic banking. The data collected were analyzed through the stages of (1) data collection, (2) data reduction, (3) data display, and (4) conclusion/verification. Findings: Based on the results, the repositioning of ta’zir and ta’wid is necessary because, presently, its implementation contains elements of usury, which Islam forbids. Therefore, the proposed form enables customers to pay back debt in two or three installments without increasing its value in one payment. This policy enables customers whose late payment is not due to force majeure but an element of intent or bad faith. Paper Type: Research Article

Analisis Tingkat Kesehatan Bank BUMN Menggunakan Metode Risk Profile, Good Corporate Governance, Earning And Capital (RGEC) Yang Terdaftar di Bursa Efek Indonesia Periode 2016-2020

Bank is a business entity that collects funds from the public in the form of savings and distributes them to the public in the form of credit or other forms in order to improve the standard of living of the people at large. The purpose of this research was to analyze the soundness of state-owned banks using the Risk Profile, Good Corporate Governance, Earning, Capital method for the 2016-2020 period. The assessment of the soundness of this bank is based on Bank Indonesia Regulation No. 13/1/PBI/2011 concerning the assessment of the soundness of banks using the RGEC method.
 This type of research is descriptive quantitative which is a method to explore data or numbers and find knowledge within a certain period of time.
 The results of the research using the RGEC method at Bank Mandiri, Bank Nasional Indonesia, Bank Tabungan Negara, and Bank Rakyat Indonesia in the 2016-2020 period as a whole reflect the condition of the Bank which is generally "Healthy" so that it is considered capable of facing significant negative effects from changes in business conditions and other external factors.

PENERAPAN ASAS KEBEBASAN BERKONTRAK DALAM AKAD PEMBIAYAAN MUDHARABAH PADA BANK SYARIAH INDONESIA KANTOR CABANG PEMBANTU ASAHAN

Mudharabah is a collaboration agreement between the capital's owner and manager, in which gains and losses are shared based on a multi-party agreement. Contract-free Mudharabah finance arrangements are used by Islamic banks. That is, the contract's provisions are laws that apply to all parties who are bound by the same contract (agreement). As long as the agreement does not violate the law, morals, or public order, the parties are free to decide what it should contain. The Qur'an, Hadith, and Ijma' provide legal support for mudharabah finance. Legislation, Bank Indonesia regulations, and DSN MUI Fatwa are all legal products that govern mudharabah funding. Mudharabah financing in sharia banking has progressed and is nowcomplete in compliance with existing sharia banking standards.