scholarly journals Implementation Fiduciary Registration According to Finance Ministry, Police, and Financial Services Authority (OJK)

The Winners ◽  
2021 ◽  
Vol 22 (2) ◽  
pp. 183-189
Author(s):  
Suwinto Johan

The research aimed to research fiduciary guarantees registration from a legal perspective, especially the executive or administrative regulations. The research examined the existing regulations and laws by analysing primary and secondary data using normative juridical methods. There were three legal material inventory, namely primary legal materials, secondary legal materials, and tertiary legal materials. The research concludes that the fiduciary registration obligations stipulated in the Regulation of Minister of Finance (PMK) Number 130/PMK.010/2012 are not in synchronic with the Financial Services Authority Regulation (POJK) Number 29/POJK.05/2014, which was replaced by the Financial Services Authority Regulation Number 35/POJK.05/2018. Revocation of Regulation of Minister of Finance Number 130/PMK.010/ 2012 by Regulation of the Minister of Finance Number 23/PMK.010/2017 is not accompanied by amendments to the Regulation of the Republic of Indonesia National Police Number 8 of 2011. The loan agreement remains valid if it fulfills the principles of the agreement. It is suggested that relevant institutions, particularly the Financial Services Authority (OJK) as the financial industry supervisor, take initiatives to synchronize all regulations for the implementation of fiduciary registration.

2019 ◽  
Vol 3 (2) ◽  
pp. 105
Author(s):  
Pranoto Pranoto ◽  
Munawar Kholil ◽  
Kukuh Tejomurti

<p>The aim of this study is to explore and analyze the development of fintech peer to peer lending (fintech) regulation in Indonesia and Indonesia's readiness in facing the fintech industry, especially fintech loans. This study is important since the Indonesian government has begun to ratify fintech as one of the legal financial services in Indonesia. This is a normative legal research, by collecting secondary data including primary, secondary, and tertiary legal materials. The results show that after the Indonesian government approved Fintech as a legitimate financial service in Indonesia, many Fintech Start up companies begin registering their companies, the Indonesian government separate the granting of fintech licenses to the financial services authorities and Indonesian banks according to the types of the fintech, specifically for fintech peer to peer licensing is granted by the financial services authority. Although Fintech P2P Lending can be a prospective business area, there is not infrequently the risk of default by borrowers. The Fintech Provider does not guarantee ongoing loans if they fail to pay. Because the organizer is not a party to a loan agreement made by the lender and the recipient of the loan. there is not infrequently the risk of default by borrowers. The Fintech Provider does not guarantee ongoing loans if they fail to pay. Because the organizer is not a party to a loan agreement made by the lender and the recipient of the loan</p>


Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 592
Author(s):  
Ahmad Zulfikar

Efforts to overcome crime through peace based on Restorative Justice, namely justice for all parties are greatly missed by everyone. In carrying out law enforcement duties, the State Police Investigator of the Republic of Indonesia has the duties, functions, and authorities in the field of investigating criminal acts in accordance with the applicable laws and regulations. Based on the Regulation of the National Police Chief Number .6 of 2019 concerning Criminal Investigation, it has a role to carry out prevention efforts without having to use the Criminal Justice System (SPP), namely by resolving cases through the peace process. This process is due to the desire of the community who wants the case to be completed immediately and no longer be complicated. The resolution can be supported by the police's discretionary authority so that the type of research is descriptive empirical juridical, using primary data by means of interviews and secondary data by means of documentation studies. Then all data were processed using qualitative data analysis. Based on the research results, the Pemayung Police Sector policy is to settle criminal cases peacefully (penal police), or through the settlement of criminal cases involving the perpetrator, victim and/or their family and related parties, with the aim of achieving justice for all parties/restorative justice can be carried out, if it does not cause public unrest or there is no community rejection, it will not have an impact on social conflict and the case is still in the process of investigation and investigation. So that it can be directed to a settlement by conducting mediation to the parties, both the victim and the suspect. From the results of the mediation, it was agreed by the parties, both from the reporting party and the reported party as a suspect, admitting all his actions. And from the results of the mediation there was an agreement with the parties (victim and suspect) and a letter of peace was made and the revocation of the Police Report by the victim but after that, the victim came and asked again for the case to be continued, the investigator explained that the agreement had become an agreement of both parties and was binding and the investigation has been discontinued.


2021 ◽  
Vol 10 (2) ◽  
pp. 205-214
Author(s):  
Anton Adventus Kacaribu

This study aims to estimate the fair value of equity per share and to analyze undervalued or overvalued value of the company PT. Bank BRI Syariah Tbk. Result on this study combine market approach, book value approach and discount of future cash flow approach, so it can deliver comprehensive result. On the other side, this study or valuation specialize on financial industry due to uniqueness and complexity of the industry. PT. Bnk BRI Syariah Tbk was chosen, because of the plan ot the ministry of state-owned enterprises of the Republic of Indonesia to merge 3 sharia banks such as PT Bank BRI Syariah Tbk, PT Bank Syariah Mandiri, and PT Bank BNI Syariah. Only, PT Bank BRI Syariah is public company. This research is a descriptive analysis, the data and information used are secondary data from PT Bank BRI Syariah Tbk through its annual report, while other data used come from data and reports from other supporting institutions. This study uses three methods to value the share, free cash flow to equity, relative valuation, and abnormal earning. The conclusion is fair value of PT Bank BRI Syariah Tbk is IDR 482.47, so the value is undervalued.


2019 ◽  
Vol 1 (2) ◽  
pp. 135-145
Author(s):  
Herikson Parulian Siahaan ◽  
Marlina Marlina ◽  
Muaz Zul

The purpose of this study was to determine how the role of the police in the investigation of corruption, how the authority of the police in investigating corruption and how the obstacles faced by the police in investigating corruption in the North Sumatra Regional Police. This research is directed towards normative juridical legal research or doctrinaire which is also referred to as library research or document study because more is done on secondary data in the library. Normative or doctrinaire legal research proposed in this study is a study of legal principles by conducting research in the North Sumatra Regional Police. The results of the research and discussion explaining the regulation of the role of the police in investigating criminal acts of corruption are found in Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 31 of 1999 concerning Corruption Crimes as amended by Law No. 20 of 2001 and Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia, in which of all the arrangements explained that the investigator included in the corruption case was the Republic of Indonesia's National Police Officer.


2020 ◽  
Vol 2 (2) ◽  
pp. 134
Author(s):  
Dody Hendra

Constitution of the Republic Indonesia 1945 states that Indonesia is a state of law. It is affirmed that the Republic of Indonesia is based on law (rechstaat), not for power merely (machtstaat). Children are the next generation of the nation that must be protected by their rights, so that if there is a criminal act involving children, it should not end in a prison sentence but can be settled in a certain way outside the court. Based on the consideration, the author disscuses this journal with the title "Discretion of Police outside the Court in the settlement of theft cases by children in the family". The problem of the study is about how the application and effectiveness of Police Discretion outside the Court in resolving theft cases by children in the family. In this research, the authors used legal research with an empirical juridical approach by using primary data sources obtained from interviews with National Police investigators and secondary data sources obtained by searching literature such as laws, books and legal dictionaries. The research method used isqualitative data analysis to obtain descriptive analytical data from the sources of data obtained. The conclusion is that there is no regulation which becomes the legal basis for the National Police to settle criminal cases by applying Restorative Justice approaches, especially in the crime of theft committed by child.


2021 ◽  
Vol 4 (2) ◽  
pp. 97
Author(s):  
Tea Kasradze

Each banking institution has a customer-oriented strategic plan, although the sudden emergence of competition does not allow them to relax. The explosion of new technologies and the rise in consumer demand have been putting pressure on banks since the 2008 recession. Retail banking customers are constantly expecting new, improved, affordable, convenient continuous service from the bank. In an environment of increasingly competitive, innovative financial services, banks need to be able to maintain not only customers but also brand awareness. The emergence of non-traditional financial service providers in the market such as FinTech, NEO Banks, Challenger Banks, BigTech, which reduces the relationship between banks and their customers, completely changes the banking industry. Today we face a new open ecosystem of consumers, traditional banks, FinTech and BigTech companies, regulators, developers, non-banking firms and other players, with customers at the center. Banks will have to significantly change their commercial and operating models to retain customers and remain active players in the market. The presented paper examines the development trends of new players in the financial industry - non-traditional financial service providers and the readiness of the banking industry to respond to these trends. The paper is a study of the impact of digitalization of financial services on the banking sector based on the study and analysis of reports of the various international organizations, local policy documents, reports and regulations of the National Bank, the papers of various researchers and their secondary data. Based on the research, suggestions have been made on how Georgian banks should strategically approach non-traditional providers of financial services to avoid losses, withstand competition and remain active market players.


2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Heru Drajat Sulistyo

Abstract— In The division of tasks and authority in carrying out national defense and security between the Indonesian National Army (TNI) and the Indonesian National Police (POLRI) has been regulated in the 1945 Constitution. The problems in this study are: how is the national defense carried out by the Indonesian National Army in the Indonesian State Administration System and how is the relationship between the Indonesian National Army and the Indonesian National Police implementing the National Defense in the Indonesian State Administration System. The research method used is a normative legal research method and uses secondary data types. The results of the research study, namely: 1) the main task of the Indonesian National Army is to uphold state sovereignty, maintain the territorial integrity of the Unitary State of the Republic of Indonesia based on the Pancasila and the 1945 Constitution of the Republic of Indonesia, and protect the entire nation and the whole of Indonesia's blood spilled from threats and disturbance to the integrity of the nation and state (Article 7 paragraph (1) of Law No. 34 of 2004 concerning the Indonesian National Army) 2) Operational duties other than war carried out by the Indonesian National Army to assist the Indonesian National Police in the framework of security and public order. 3) The defense sector which is the duty of the Indonesian National Army and the security sector which is the duty of the Indonesian National Police cannot be separated. Keywords—: Indonesian National Army; Indonesian National Police; National Defense.


2019 ◽  
Vol 3 (2) ◽  
pp. 116
Author(s):  
Moh Achyar ◽  
Sri Endah Wahyuningsih ◽  
Teguh Prasetyo

<em>The Financial Services Authority in practice often face institutional problems that still rely on the position of outside investigators, but on the other hand it must maintain its independence. The purpose of this study is to examine and to analyze the Legal Problems of the Financial Services Authority and the National Police of the Republic of Indonesia in Enforcing Banking Crime. The method used in this study was the constructive paradigm. The research approach used was empirical juridical, namely legal research. The object of study were provisions and enforcement or implementation of legal provisions in action on every legal event that occurs in the community (in concreto). The data analysis used qualitative analysis. The results of the study found that the problem of the Financial Services Authority and the National Police of the Republic of Indonesia in conducting criminal acts against banking crimes was due to legislative factors or legal substance, structure and legal culture. Provisions of Article 183 of the Criminal Procedure Code, in which Civil Servant Investigators or PPNS are not necessarily able to collect all the evidence specified. The Second factor is the Law Enforcement Officials. In quality, the law enforcement factor that impedes the role of the FSA in investigating banking crimes is the limited professionalism in the field of investigation, so that knowledge and technical skills of investigation need to be improved. FSA in investigating banking crimes must recruit Police Investigators and Prosecutors, FSA must make an agreement with Polri in conducting investigations into banking crimes so that they can immediately arrest suspects who are considered to have committed banking criminal acts. The third is the cultural factors of society. In terms of the cultural factors of the community, the intensity of the community in its involvement in enforcement and supporting the investigation will be hampered by the lack of clarity in the position of the investigative institution.</em>


2021 ◽  
Vol 2 (1) ◽  
pp. 39-56
Author(s):  
Wilma Silalahi

The crime of terrorism is an extraordinary crime against humanity, including a “serious crime” whose number of actions has increased. It requires handling with exceptional measures and "serious measures" with still respecting human values. Thus, what becomes an interesting problem in this research is how to involve the Indonesian National Army in handling acts of terrorism from a legal perspective. This research uses a normative doctrinal method. The Indonesian National Army's involvement in managing acts of terrorism and supported by the prevailing laws and regulations provides a greater sense of security and legal certainty for the community. Also, this research intends to examine that the involvement of the Indonesian National Army in handling acts of terrorism is by applicable regulations. The handling of criminal acts of terrorism requires a juridical basis to create a sense of security and justice. Thus, the Indonesian National Army must maintain the Unitary State of the Republic of Indonesia's territorial integrity and uphold state sovereignty. Therefore, the involvement of the Indonesian National Army in the context of handling acts of terrorism is an aid to the PolicePolice in defending the independence of the state, maintaining the territorial integrity of the Unitary State of the Republic of Indonesia, and protecting the entire nation and all spilled Indonesian blood based on Pancasila and the 1945 Constitution. The involvement of the Indonesian National Army in eradicating acts of terrorism is part of the support for the National Police, in the context of carrying out law enforcement operations that are not Military Operations Apart from War, unless they develop into acts of terrorism that threaten the existence of the Unitary State of the Republic of Indonesia or extraordinary circumstances occurs. This is in line with the Indonesian National Army's unique nature (lex specialis) in carrying out its duties.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Abdul Hamid

This study is a qualitative study using a case study approach to the PT. Astra International, Tbk. The object of this research is PT. Astra International, Tbk. PT. Astra International, Tbk is a company engaged in six business sectors, namely: automotive,financial services, heavy equipment, mining and energy, agribusiness, information technology, infrastructure and logistics. Researchers chose PT. Astra International, Tbk as research objects due in the year 2012, PT. Astra International, Tbk managed to rank first in the list of 100 Best Companies to Go Public by the 2011 financial performance of Fortune magazines Indonesia. The data used in this research is secondary data, the financial statements. Astra International, Tbk 20082012. Other secondary data used is the interest rate of Bank Indonesia Certificates (SBI), the Jakarta Composite Index (JCI), and thecompanys stock price began the year 20082012. This study aims to determine the companys financial performance by the use of EVA and MVA approach, therefore the data analysis technique used is the EVA and MVA. Based on the value EVA of the year 2008 2012, PT. Astra International, Tbk has good financial performance that managed to meet the expectations of the company and the investors. Based on the value of MVA during the years 20082012, PT. Astra International, Tbk managed to create wealth and prosperity for companies and investors. It concluded that financial performance. AstraInternational, Tbk for five years was satisfactory.


Sign in / Sign up

Export Citation Format

Share Document