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Hukum pasar modal di Indonesia : pengawasan pasar modal pasca terbentuknya otoritas jasa keuangan/ Rahadiyan, Inda
No full textxiv, 262 hal.; 21 cm
Kedudukan BUMN Persero sebagai Separate Legal Entity dalam Kaitannya dengan Pemisahan Keuangan Negara pada Permodalan BUMN
Get PDFThe problems studied in this research include: first, what is the conception of the independence of BUMN Persero (State Owned Enterprise) as separate legal entity based on the theory and legal doctrine of Liability Company and all of its legal consequences? Second, what is the status of state assets in regard to the capital of State Owned Enterprise? Third, how is the relation of State Owned Enterprise and its subsidiaries in accordance with the theory and doctrine of regulation of limited company? This research is conducted using legal normative. The findings in this research show that : first, BUMN Persero as separate legal entity is entitled to have its own assets that are separated from the assets of its management including the personal assets of its share holders, second, in the context of State Owned Enterprise, the inclusion of state assets into the capital of BUMN is a result of separating the state owned assets as regulated in Law Number 19 Year 2003 about BUMN, and third, State Owned Enterprise along with its subsidiaries is an independent legal entity in which its management must be done in accordance with certain rules (good corporate governance) without any interfere from any parties
Pemaknaan Dan Penerapan Prinsip Resiprositas Berdasarkan ASEAN Banking Integration Framework
Get PDFThe reciprocity principle is the main principle in the integration of banking service in the ASEAN region, where it is scheduled to take place in 2020. The banking industry is complex and strictly regulated, therefore, research on the meaning of reciprocity in the ASEAN Banking Integration Framework (ABIF) becomes an interesting and relevant study. The problems examined in this study include: first, how are the meaning and the legal binding power of the reciprocity principle based on ABIF? Second, how is the Indonesian Government's effort to implement the reciprocity principle based on ABIF? This research was conducted by using normative method. The results of the study concluded that, first, the reciprocity principle based on ABIF is a basic principle of reciprocal treatment between member countries aimed at realizing ease of access and banking operational flexibility. This principle does not apply automatically and without conditions, but is based on the commitment and readiness of each country. Second, the Indonesian Government's efforts to implement the reciprocity principle have been carried out through the issuance of Law Number 4 of 2018 on the Ratification of the Protocol to Implement the Sixth Commitment Package in Financial Services in the ASEAN Framework in Services
Peran dan Tanggung Jawab Lembaga Penjamin Simpanan dalam Penanganan dan Penyelamatan Bank Gagal Berdampak Sistemik
Get PDFThe problem of this research is related to the roles and responsibilities of Deposit Insurance Agency (LPS) in handling and rescuing Bank Mutiara as a failed bank leading to systemic effects. This research used empirical legal method. The findings show that the management and rescue of Bank Mutiara was done by LPS by conducting temporary capital investment. At the final stage of the rescue process, LPS conducted share divestment of Bank Mutiara to J. Trust Ltd as a potential investor by making agreement of conditional purchase and sale of share
Hukum Pasar Modal Di Indonesia ; Pengawasan Pasar Modal Pasca Terbentuknya Otoritas Jasa Keuangan
No full textxiv.; 155 Hal.; ill.; 19 c
Pengaturan Dan Penerapan Mitigasi Risiko Dalam Penyelenggaraan Peer To Peer Lending Guna Mencegah Pinjaman Bermasalah
Get PDFPublic interest in financial technology in the form of peer-to-peer lending (P2PL) is growing rapidly as an alternative provider of loans. In addition, it is a promising investment platform. The process of lending and borrowing between the lender and the recipient of the loan takes place through a system provided and managed by the organizing company that it provides various conveniences. However, the implementation of P2PL is also inseparable from the occurrence of non-performing loans. Regulating and implementing the risk mitigation of non-performing loans is an important issue in the implementation of P2PL. So far, there is no specific regulation regarding risk mitigation of P2PL implementation for non-performing loans, which results in weak legal certainty and protection for lenders. Therefore, the problems examined in this study include: First, how is the risk mitigation arrangement for non-performing loans in the implementation of P2PL in Indonesia? Second, how is the implementation of risk mitigation by the companies that carry out P2PL as an effort to prevent non-performing loans? This research is a normative legal research with a statutory and a conceptual approach. The results of the study concluded that: first, the P2PL risk mitigation arrangements, especially the risk of non-performing loans in Indonesia, are still scattered in several Financial Services Authority regulations and Bank Indonesia regulations. Second, the organizing company implements non-performing loan risk mitigation based on their respective internal policies
Keterbukaan Informasi Sebagai Mitigasi Risiko Peer To Peer Lending (Perbandingan Antara Indonesia Dan Amerika Serikat)
Get PDFThe development of peer to peer lending (P2PL) in Indonesia will always be followed by the formation of the latest regulations. However, the existing regulations do not sufficiently regulate the disclosure of information. On the other hand, in the United States as the country with the largest P2PL, information disclosure is a major part in the implementation of P2PL. The approaches used in this research are a conceptual approach, a statutory approach, and a comparative law approach. The results conclude that obtained are that the regulation regarding P2PL does have an obligation to disclose information, but the regulation is not comprehensive because it is exclusive and limited. In fact, the disclosure of information can be a part of risk mitigation in P2PL, for example, minimizing the risk of problem loans. Meanwhile, in the United States, through the Security Exchange Commission (SEC) and the Consumer Financial Protection Bureau (CFPB), detailed and periodic information disclosure is available. So that both prospective borrowers and potential lenders can consider the risks and capabilities of each party more before making transactions in P2PL. This then can be one of the risk mitigation for P2PL in the United States
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