KAJIAN TEORI HUKUM MENGENAI LIBERALISASI PERBANKAN DI INDONESIA (Analisa: Teori Hukum Pancasila dalam Bidang Ekonomi terhadap Regulasi mengenai Keberadaan Modal Asing dalam Perbankan di Indonesia)
| Main Author: | Rizkytia, Anissa |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss2/1 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1048&context=dharmasisya |
Daftar Isi:
- The Indonesian economy has a backbone in the banking sector to drive the wheels of the national economy through its vital function as a financial intermediary. Indonesian banking is held based on economic democracy with the principle of prudence. However, since the 1998 global economic crisis and the impact of globalization which has affected Indonesia, there have been policy changes including regulatory changes in the Indonesian economic sector. This change is also included in the banking sector, where the flow of liberalization is getting stronger. Before the crisis, foreigners who want to invest in banking can buy a bank's shares up to 49 percent of the total shares listed on the exchange after the crisis of the rule was then amended through Government Regulation Number 29 Year 1999 concerning Purchase of Shares of Commercial Banks where the ownership of bank shares by parties foreigners are allowed a maximum of 99 percent of the total number of shares concerned. Although the basis of Pancasila's legal philosophy of economic activity is contained in article 33 of the 1945 Constitution of the Republic of Indonesia, namely Economic Democracy has been explicitly mentioned, but in its manifestation still found various laws that does not reflect the legal philosophy of Pancasila itself. One of them is as will be discussed in this paper, which is about banking liberalization on foreign capital ownership in banking sector in Indonesia which will be analyzed using Pancasila Law theory (especially in the interpretation of article 33 of the Constitution that regarding “Production branches that are important for the state and which affect the livelihood of the people are controlled by the state”). The extent to which the suitability between Pancasila Law theory and the regulation of foreign capital in the national banking and the current condition whether the regulation is still appropriate and effective to realize the objectives of the national economy based on Pancasila legal philosophy.