TINJAUAN YURIDIS RANCANGAN UNDANG-UNDANG OTORITAS JASA KEUANGAN SEBAGAI PENGAWAS PERBANKAN DI INDONESIA
| Main Authors: | , Imam Soekarno, , Prof. Dr. Nindyo Pramono, SH., M.S. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90811/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51943 |
Daftar Isi:
- The economic crisis that hit Indonesia in 1998 still leaves the task to reorganize the national financial system that is by separating the task of supervision and regulation of banks that originally exist in the Bank Indonesia was transferred to a independent financial services supervisory agency, as contained in Article 34 of Law no. 23 year 1999 concerningBank Indonesia as last amended by Law No 6 year 2009. To meet the mandate of these laws, the government has prepared a draft Financial Services Authority (OJK) law, which has been discussed by the House of Representatives in 2010. Is the position of OJK in bank regulation and supervision have the same independence to The purpose of this research to find answers of two fundamental questions: the position of Bank Indonesia, as well as their impact on legislation in effect at the institution under OJK and how organizational forms of OJK to ensure the effectiveness of monetary policy as the duty and authority of Bank Indonesia. Deadlock From a review of the draft to OJK law was found that : 1) The legal status of OJK compared with Bank Indonesia in the regulation and banking supervision should be the same but nevertheless under section 23D of the UUD 45 Constitution, Bank Indonesia has a guarantee of its independence, 2) Independence of OJK still unclear because a lot of interest to influence it, 3) The wide range of tasks OJK are not followed by coordination of internal and Bank Indonesia resulted in regulations to be issued by OJK remain segmented and the resulting bank will be regulated and supervised by the two institutions if OJK outside the coordination of Central Bank / Bank Indonesia, 4) that resulted in the failure of the formation of OJK on December 31, 2010 requires amendment of applying Article 34 of Law No. 3 year 2004 when the establishment of OJK will be continued. 5) To improve the effectiveness in maintaining the stability of the financial system, needs tighter regulation of capital market participants, released a draft law on Financial Safety Net immediately, which govern how the coordination and responsibility of each party at the time dealing with the crisis, because the concept of "free market" which triggered the concept of Central Bank Independence and Financial System Supervisory Authority did not function very well without State intervention.