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Office, Belmont European Community Law. "European Banking Law". Arab Law Quarterly 4, n. 1 (febbraio 1989): 84. http://dx.doi.org/10.2307/3381451.
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Habib e Shirazi. "Islamic Banking Law". Arab Law Quarterly 6, n. 2 (1991): 226. http://dx.doi.org/10.2307/3381839.
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McLeod, Ross H. "Indonesia's New Banking Law". Bulletin of Indonesian Economic Studies 28, n. 3 (dicembre 1992): 107–22. http://dx.doi.org/10.1080/00074919212331336294.
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Kirkbride, Christopher. "Principles of banking law". Law Teacher 52, n. 4 (17 settembre 2018): 528–30. http://dx.doi.org/10.1080/03069400.2018.1496314.
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Chijioke-Oforji, Chijioke. "Banking law and regulation". Law Teacher 53, n. 4 (19 luglio 2019): 551–53. http://dx.doi.org/10.1080/03069400.2019.1636521.
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Muhyidin, Muhyidin. "Islamic Banking Law Perspective in the Concept of National Law". Gema Keadilan 7, n. 2 (16 settembre 2020): 69–83. http://dx.doi.org/10.14710/gk.2020.8947.
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AbstractThe focus of this article is the perspective of Islamic Banking Law in the concept of national law, both from the institutional aspect, the aspect of business activities. As well as aspects of liquidity management and financial instruments used, both at the level of laws and implementing regulations; and influencing socio-political, cultural and economic factors. Islamic banking law is a new entity in which there is interaction and mutual greeting between Islamic law and national law. In other words, Islamic banking law lies in two areas of law: Islamic law and national law. Sharia banking law, as the name implies, is Islamic law because it is formed on the principles of Islamic law. At the same time, Islamic banking law is also part of national law because it is formed by the competent state institution with the infrastructure and mechanisms that are formally justified. The discussion focuses on the dynamics of the encounter between Islamic law and national law as the elements of its formation. Such efforts can not ignore the factors - factors that influence it, whether political, cultural or economic.
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Dahlan, Ahmad, Mawardi Mawardi e Shaifurrokhman Mahfudz. "The Crucial History of Sharia Banking Law Development in Indonesia". Al-Manahij: Jurnal Kajian Hukum Islam 17, n. 1 (6 aprile 2023): 27–40. http://dx.doi.org/10.24090/mnh.v17i1.7191.
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This article aims to explain Sharia banking law development in Indonesia from various sources based on facts or documents found in literatures and interviews made with several informants involved in the process of formulating Sharia banking law development as well as all law and legislation aspects in Indonesia. Two well-known figures, Karnaen A. Perwaatmadja and M. Syafi'i Antonio, were involved in the process of formulating Sharia banking law development in 1990s, as well as Zuhrizal Zubir, Sharia Bank Supervisor from Bank Indonesia Jakarta, and Bank Indonesia Purwokerto, Central Java in 2002. The research results showed that Sharia banking law development in Indonesia historically had several stages. First, the formulation of Sharia banking law was full of political contents. Second, Sharia banking law was based on a dual banking system dominantly in market accommodation. Third, the independence of legalization of Sharia banking law did not increase Sharia banking market share.
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Клочко, Алена, Николай Курило e Светлана Запара. "К вопросу уголовно-правовой охраны сферы банковской деятельности Украины". Всероссийский криминологический журнал 11, n. 4 (2017): 833–43. http://dx.doi.org/10.17150/2500-4255.2017.11(4).833-843.
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A. Ferreira, António Pedro. "Notas sobre a actividade bancária na perspectiva do direito islâmico". Revista Electrónica de Direito 27, n. 1 (2022): 39–130. http://dx.doi.org/10.24840/2182-9845_2022-0001_0003.
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The Islamic financial services industry, where the banking sector is most important, has experienced exponential growth, arousing a growing interest in its study. Such interest lies on the fact that the respective activity is carried out in accordance with the dictates of Shariah, which largely depart from the principles underlying the exercise of banking activity in the conventional way. Islamic financial activity emphasizes the use of risk-sharing financial instruments, a fact that has proved to be of great importance as it has helped to avert many of the most severe consequences of recent financial crises, for example by preventing Islamic banks exposure to subprime or toxic assets. The deepening of information on the structuring rules and principles that shape Islamic finance is a relevant and current subject, with a view to highlighting its fundamental differences in relation to conventional financial activity and to investigating the possibility of that approach being alternative, or complementary, with respect to conventional systems.
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Mujib, Abdul. "DINAMIKA HUKUM DAN PERKEMBANGAN PERBANKAN ISLAM DI INDONESIA". Al-Ahkam 23, n. 2 (21 ottobre 2013): 167. http://dx.doi.org/10.21580/ahkam.2013.23.2.21.
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Almost all countries in the world including Indonesia give serious attention to the existence of Islamic banking that using religion approach in all activities and services. Institutional development it should be followed by the availability of legal basis, which is an established and clear. During the six years of its inception, the Islamic banking law stands with a very limited law basis, although the limitations of regulations have been describing aspects of sharia in Islamic banking for sure. The improvement of law is done by replacing Law No. 7 of 1992 by the Law No. 10 of 1998. This law has explicitly mention sharia aspects of Islamic banking, however Islamic banking regulation still governed together with conventional banking. The birth of Law 21 of 2008 became an important change for the development of Islamic banking. This law has given limits and a clear boundary line between Islamic banking and conventional banking in various aspects. The development of Islamic banking regulation are gaining its momentum with the enactment of Law No. 21 of 2008 concerning Islamic Banking. The strategic value of this law is increasingly opening up opportunities and legal certainty to accelerate the development of Islamic banks in the future
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Shofiana, Gabrielia Febrianty, Abd Shomad e Rahadi Wasi Bintoro. "Transformation of Banking Law in Indonesia". Jurnal Dinamika Hukum 19, n. 2 (22 dicembre 2019): 429. http://dx.doi.org/10.20884/1.jdh.2019.19.2.2523.
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Globalization development through the market economy system has created injustice for humankind,encouraging Muslims to implement the Sharia in their economic activities. The rapid growth of shariaeconomy in Indonesia, ultimately affects the financial industry, including the banking that implicatesregulation and organizational structure causing two banking systems, namely conventional banking andsharia banking. Based on the description, this paper discusses the national banking law that applies two rulesof law in Indonesia. To address these legal issues, conceptual approach, statutory approach and historicalapproach are used. Based on the analysis, since the enactment of Law Number 21 Year 2008 on Sharia Banking,the existence of sharia banking is getting stronger. Therefore, in Indonesia there is a dual bank system in onerule, namely banking law. Both banks are responsible to bank Indonesia as national central bank.Conventional banks may conduct business activities based on sharia principles, but not so for sharia banks.Keyword: conventional bank, sharia bank, sharia principles
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Labetubun, Muchtar A. H. "Kompetensi Pengadilan Agama Terhadap Penyelesaian Sengketa Perbankan Syariah Berdasarkan Hukum Islam". SASI 18, n. 1 (1 marzo 2012): 56. http://dx.doi.org/10.47268/sasi.v18i1.337.
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That moment Religion Court as Section 49 letter (i) Law Number 3 Year 2003 about Religion Court, having absolute authority judge economic case of Moslem law banking included Moslem law Banking, of course this matter give paradigm differ in solving of Moslem law banking dispute compared to before existence of the law (Act No.7/1989). So that the solving of Moslem law banking dispute follow rule Islamic Law among others Jurisdiction (Wilayat Al-Qadla), peace/deliberation (Sulh/Ishlah), and Arbitrase (Tahkim), according to agreement in akad by the parties. This matter because of Moslem law Banking represent economic institution which in its execution use Islamic law principles.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 52, n. 4 (19 febbraio 2021): 635–87. http://dx.doi.org/10.18060/25093.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 53, n. 4 (19 febbraio 2021): 821–63. http://dx.doi.org/10.18060/25145.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 48, n. 4 (31 luglio 2015): 1195. http://dx.doi.org/10.18060/4806.0039.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 49, n. 4 (25 luglio 2016): 981. http://dx.doi.org/10.18060/4806.01117.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 50, n. 4 (1 luglio 2017): 1179. http://dx.doi.org/10.18060/4806.1166.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 51, n. 4 (17 dicembre 2018): 945–91. http://dx.doi.org/10.18060/4806.1209.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 54, n. 4 (8 febbraio 2022): 783–825. http://dx.doi.org/10.18060/26096.
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Maggs, Peter B. "Islamic Banking in Kazakhstan Law". Review of Central and East European Law 36, n. 1 (2011): 1–32. http://dx.doi.org/10.1163/092598811x12960354394641.
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AbstractKazakhstan has adopted legislation designed to facilitate Islamic banking, and at least one Islamic bank has started operations in Kazakhstan. Islamic banking is based upon traditional Islamic law, which forbids the taking of interest, the making of profit without risk, and profiting from "sinful" businesses such as pornography. The legislation in Kazakhstan forbids such activities for Islamic banks and also requires each Islamic bank to have an independent "Council on the principles of Islamic finance" to rule on bank policies and specific transactions. Islamic banking practices use complex combinations of transactions, each permitted by Islamic law, to mimic common conventional banking transactions, such as loans bearing fixed interest rates and repayable on a fixed date. Stable income and manageable principal obligations from credit-worthy borrowers can ensure that a bank will receive high ratings from leading international credit rating agencies and, thus, can satisfy the requirements of Kazakhstan's bank regulators. The formal difference between Islamic banking transactions and the conventional transactions that they mimic could lead to differing treatment for taxation. To provide a level playing field, Kazakhstan has amended its Tax Code to provide for equal treatment of economically equivalent Islamic and conventional banking transactions. Adjustments have also been made to bankruptcy legislation, reflecting the unavailability of deposit insurance for Islamic banks and the special nature of investment deposits in Islamic banks. There are controversies among Islamic law scholars as to whether or not various practices used to mimic conventional banking transactions are unlawful because they violate the spirit of Islamic law. This creates what is called "Sharia risk", the risk that a transaction will be found unlawful after it has been concluded, with consequences highly unfavorable for a party.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 55, n. 3 (6 febbraio 2023): 461–500. http://dx.doi.org/10.18060/27113.
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Sullivan, Jr., Frank. "Business, Banking, and Contract Law". Indiana Law Review 56, n. 4 (14 giugno 2023): 669–711. http://dx.doi.org/10.18060/27445.
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Sullivan, Jr., Frank. "Banking, Business, and Contract Law". Indiana Law Review 57, n. 4 (10 giugno 2024): 811–69. http://dx.doi.org/10.18060/28366.
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Atsani, Ulya. "Purification of Sharia Banking Law in the National Banking System". JURIS (Jurnal Ilmiah Syariah) 21, n. 1 (21 giugno 2022): 101. http://dx.doi.org/10.31958/juris.v21i1.5725.
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The development of sharia banking law can be seen from the accommodation of the state towards Islamic law in the field of sharia economics, including the development of sharia banking regulations. It is also due to the fact that the development of sharia banking regulations in Indonesia is based on the needs of the Indonesians whose majority are Muslims. During its development, sharia banking regulations have been carried through three stages, namely introduction, recognition, and purification. Meanwhile, the current legal fact shows that sharia banking existence does not meet its target of development, both institutionally and legally. To answer this problem, a normative legal method was used in conducting this research. The secondary data were qualitatively analysed concerning the purification of sharia banking law in the national banking system. The results shows that purifying sharia banking law can be done by strengthening the existence of sharia banking institutions through banking law policies. Refining the aspect of institutional can also be carried out by setting provisions regarding the settlement of sharia banking disputes in Indonesia.
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Jaffer, Sue, e Nicholas Morris. "Lessons from the Financial Crisis and Other Banking Scandals". Law in Context. A Socio-legal Journal 36, n. 1 (12 agosto 2019): 47–63. http://dx.doi.org/10.26826/law-in-context.v36i1.86.
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The Global Financial Crisis (GFC) had dire implications for the UK, creating massive unemployment and years of austerity. This paper looks at the underlying causes of the crisis, together with the reasons why financial regulation in the UK failed to prevent the financial crash. The UK sought to learn the lessons from its failure, and many inquiries, research reports and books have explored the causes and compounding factors. The book “Capital Failure” identified that trust was fundamental to the working of the financial sector, and that the erosion of trust and trustworthy behaviour has had a disastrous effect. Australia escaped relatively unscathed from the GFC, yet recent inquiries into the banking and superannuation sectors have revealed a similar dramatic decline in trustworthiness and ethical standards of behaviour. The article examines how the Australian banking environment evolved, the implication of recent developments including Fintech and Regtech, and what lessons Australia can learn from overseas experience.
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Anita Christiani, Theresia. "Proposed changes to the Bank Indonesia law as a solution to the impact of the COVID-19 spread on banking in Indonesia". Banks and Bank Systems 16, n. 2 (15 giugno 2021): 127–36. http://dx.doi.org/10.21511/bbs.16(2).2021.12.
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Every amendment to the Bank Indonesia Law is caused by a situation that requires changes to the Law regulating the Central Bank in Indonesia as a solution. The spread of COVID-19 in Indonesia has also led to proposals to amend the Bank Indonesia Law. The purpose of the study is to find answers to the relevance of the proposed Amendment to Bank Indonesia Law to address the spread of COVID-19 to banking institutions in Indonesia. This type of research methods is normative legal research. In normative legal analysis, secondary data are used, consisting of primary and secondary legal materials. They are obtained from applicable regulations in Indonesia. The study results show that every change is always based on events that prove the weak implementation of existing rules with a regulatory and conceptual approach. The spread of COVID-19 is a situation, that has no practical basis and requires amendments to the Bank Indonesia Law as an alternative solution. Also, the proposed amendments are not yet relevant to address the impact of COVID-19 on banks because they have not yet realized and achieved the legal goals of providing benefits to the community. AcknowledgmentThanks to Universitas Atma Jaya Yogyakarta, Indonesia, for providing funding for research and publication.
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Panova, L. "BANKING LEGAL RELATIONS: PRIVATE LAW AND PUBLIC LAW ASPECT". “International Humanitarian University Herald. Jurisprudence”, n. 46 (2020): 101–6. http://dx.doi.org/10.32841/2307-1745.2020.46.21.
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Kalss, Susanne, e Martin Oppitz. "Öffentliches und privates Recht im Bank- und Kapitalmarktbereich". Zeitschrift für öffentliches Recht 73, n. 3 (2018): 637–66. http://dx.doi.org/10.33196/zoer201803063701.
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Nopriansyah, Waldi, Makhrus Munajat e Abdul Mujib. "Maintaining the Plurality and Sacred Value of Islamic Law through the Existence of the Sharia Banking Law". Al-Ahkam 32, n. 1 (28 aprile 2022): 65–86. http://dx.doi.org/10.21580/ahkam.2022.32.1.8825.
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Islamic banks are the fastest growing Islamic financial institutions in Indonesia. In fact, Islamic Banks already have special regulations, namely Law Number 21 of 2008. This article aimed to analyze how important the Sharia Banking Law is in maintaining the plurality and sacredness of Islamic law in every sharia banking operational activity. The method used in this article is qualitative with a normative approach. This article found that Sharia Banking Law supports the sacredness of Islamic law, namely to realize the benefit. The existence of the Sharia Banking Law indirectly shows its capacity as a legal product that provides a plurality space so that the law can be enjoyed by all humans and all religions based on community beliefs. In addition, the existence of the Sharia Banking Law can also be a reference for other Islamic law products to provide a plurality value space behind the sacredness of Islamic law in Indonesia.
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Romansa, Donny Dwija, Budi Santoso e Joko Setiono. "Juridical Review of Law Enforcement against Criminal Acts in the Banking Sector". International Journal of Law and Politics Studies 5, n. 1 (11 febbraio 2023): 157–64. http://dx.doi.org/10.32996/ijlps.2023.5.1.18.
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This study aims to analyze the juridical review of law enforcement against banking crimes. The research used a normative juridical method with a peruandang-invitation approach. The results of the study indicate that Banking Crime is a behavior, either in the form of commissioning or omission, using banking products as a means of conduct for the perpetrators or banking products as behavioral targets. The perpetrator has been determined as a criminal offense by law. Banking crime is a crime that fulfills the elements as referred to in Article 46 to Article 50A of the Banking Law or Article 59 to Article 66 of the Sharia Banking Law. The scope of banking crimes contained in the Banking Law and the Sharia Banking Act are: 1) Criminal acts related to licensing; 2) Criminal acts relating to bank secrecy; 3) Criminal acts related to bank supervision; 4) Criminal acts related to bank business activities; 5) Criminal acts related to affiliated parties; 6) Criminal acts relating to shareholders; 7) Criminal acts related to compliance with the provisions.
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Nurjannatul Fadhilah, Aria Zurnetti e Nani Mulyati. "Pertanggung jawaban Pidana Korporasi Pada Tindak Pidana Perbankan Dalam Rangka Pembaruan Hukum Pidana". Lareh Law Review 2, n. 1 (27 giugno 2024): 1–14. http://dx.doi.org/10.25077/llr.2.1.1-14.2024.
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Previously banking crimes committed by corporations tended to be difficult to enforce, because corporations weren’t the subject of criminal law, either according to the Criminal Code or the Banking Law. In order to reform the national criminal law, the government then promulgated the National Criminal Code and the PPSK Law which introduced a renewal of thought in the Indonesian criminal law regime. The reform led to a shift in the position of corporations as subjects of banking crimes. The issues raised are: 1) How does the position of corporations shift as the subjects of banking crime after the National Criminal Code and the PPSK Law?; 2) How is corporate criminal liability in banking crimes after the National Criminal Code and the PPSK Law? This research uses normative juridical methods through statue approach, and conceptual approach. The results obtained from this study include that after the National Criminal Code and the PPSK Law, the position of corporations as subjects of banking crimes has shifted from previously not recognized in the Criminal Code or Banking Law, now it has been recognized as a subject of banking crimes, so that the principle of delinquere non potest university used by the previous Criminal Code is no longer relevant in the new Indonesian criminal law paradigm. Then the National Criminal Code and the PPSK Law basically use three forms of corporate criminal liability, namely: criminal liability is imposed on corporations only, criminal liability is imposed on individual only, or liability is imposed on both (corporation and individual).
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Siregar, Friska Anggi. "Penerapan Hukum Tindak Pidana Korupsi Dalam Perbankan". JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2, n. 1 (30 marzo 2023): 236–52. http://dx.doi.org/10.55606/jhpis.v2i1.1457.
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Corruption in the banking industry is a severe problem that must be addressed appropriately. Due to the obstacles inherent to difficult-to-detect crimes and some theoretical and legal concerns of law enforcement, the application of criminal law against perpetrators of banking corruption is not yet at its maximum. Hence, there is a need to educate individuals not to engage in corrupt behavior, to strengthen the professionalism of law enforcement, and to implement nondiscriminatory sanctions. Some rules govern corruption and banking crimes, but existing regulations must be enhanced to solve some law enforcement loopholes. Thus, implementing criminal law against corruption offenses in banking becomes crucial for maintaining public confidence in the banking sector and promoting sustainable economic growth.
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ERKES, Olena, Oksana KALYTA e Tatiana SUNDUK. "Banking system of Ukraine in war". Herald of Kyiv National University of Trade and Economics 144, n. 4 (5 settembre 2022): 122–33. http://dx.doi.org/10.31617/1.2022(144)09.
Testo completoAbstract (sommario):
Introduction. With the beginning of hostilities on the territory of Ukraine on February 2022, the domestic banking system has undergone considerable turmoil and it functions in a stress mode and uncertainty. At the same time, banks continue their activities, try to fulfill all their obligations and adhere to regulations. However, certain transformations take place in the banking sector. The banking system quickly adjusts to functioning under martial law. Problem. The specified circumstances led to changes in the banking infrastructure, influenced the current trends of the banking market and accelerated the pace of digitization of banking processes. The aim of the article is to study the functioning of the domestic banking system under martial law. Methods. Methods of theoretical generalization, analysis and synthesis, grouping, and system approach were used in the paper. Results. The features of the domestic banking system and the functioning of banks under martial law were considered. The changes that took place in the structure of the banking sector and banking infrastructure under martial law were determined. The key trends of the banking market during the period of martial law were studied. The authors identified digitization features of the banks under current conditions and defined the key principles and instruments of financial support of the banks by the regulator. Conclusions. The country’s banking system operates stable and ensures continuous work of financial institutions through the coordinated actions of the regulator and the banks under martial law. There are no significant changes in the structure of the banking market, but the infrastructure of banks has been transformed under martial law. In addition, the current trends of the banking market demonstrate the presence of obvious difficulties in the work of banks due to the influence of martial law. Despite the war risks, the banks have a sufficiently high level of liquidity, which allows ensuring the further continuous implementation of non-cash payments and other obligations.
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Alamudi, Ichwan Ahnaz. "POLITIK HUKUM DI INDONESIA: REGULASI PERBANKAN SYARIAH DALAM TATA HUKUM INDONESIA". AL-BALAD : Jurnal Hukum Tata Negara dan Politik Islam 3, n. 2 (27 dicembre 2023): 21–39. http://dx.doi.org/10.59259/ab.v3i2.61.
Testo completoAbstract (sommario):
This article is motivated by the banking sector which is undergoing dramatic changes because the concept of interest has resulted in the inability of the community in economic matters and also eventually propagated to other orders of life, including social life, politics, and other fields in a country. The presence of Islamic banking in Indonesia has had a major impact on the economy of the community, because Islamic banking is not the concept of interest. This article uses a qualitative descriptive approach that is more specific to library research data. In this paper the authors produce that the politics of law as a policy to implement the objectives of the state, especially in the field of law on the law that will run, is running and has been applied that dimbil through the values in society to achieve the goals of the state. Furthermore, the implementation of Sharia banking law is carried out in stages in the early stages of Sharia banking regulation regulated in law Number 7 of 1992 by accommodating banks in the principle of profit sharing. Sharia banking regulation in the next stage is regulated in Law No. 10 of 1998 by implementing the Sharia principle Bank model. And in the end a new law was issued Law No. 21 of 2008 which regulates Islamic banks separately from conventional banks.
Keywords: Politics, Law, Islamic Banking.
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FRAŃCZUK, MAGDALENA. "CODES OF BANKING ETHICS AND BANKING SOFT LAW IN POLAND". Journal of Vasyl Stefanyk Precarpathian National University 6, n. 2 (20 giugno 2019): 49–54. http://dx.doi.org/10.15330/jpnu.6.2.49-54.
Testo completoAbstract (sommario):
Codes of banking ethics are increasingly common, but practice shows that they are not of major importance to bank customers. In the article it is assumed that the codes do not fulfill their functions, including the function of protecting the consumer against fraudulent practices and abuse of the dominant position of the bank in relation to the retail client. The codes contain norms specifying the most important general clauses that are used in banking law, in particular the clause of good morals and commercial honesty. In order to comply with the principles of good practice and banking ethics, it is necessary to “stiffen” the standards of soft law which are so important that they should be clearly sanctioned. To achieve it, it is necessary to introduce to the banking soft law the information that in the case of dispute with the bank a consumer may also refer to a breach of self-regulations.
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Christiani, Theresia Anita. "Banking Law Amendment as a Tool of Social Engineering". European Scientific Journal, ESJ 14, n. 7 (31 marzo 2018): 191. http://dx.doi.org/10.19044/esj.2018.v14n7p191.
Testo completoAbstract (sommario):
An amendment to law is a step in an effort to enable law for always following society development to meet the purpose of law. On the other hand, it is essential to study further whether existed draft of bank law already makes the law as a means of development. Problem formulations of this research are: first, what are the juridical factors causing banking law need to be amended immediately? and second, has the plan of banking law amendment design manifested the law as a tool of social engineering? This normative law research uses qualitative data analysis as the analysis technique. As the result, this research shows that : first, juridical factors causing Banking Law needs to be amended immediately are the importance of sharpening bank function both in micro and in macro in this case through the implementation of monetary policy and financial system stability and the importance of protection national interests through restriction of share ownership and synchronization of legislative regulations between Financial Services Authority Law and Banking Law about Financial Services authority in conducting management and supervision and second, plan of amendment on banking law always tries hard to adapt to the speed of economic development embodying law as a tool of social engineering .
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Sriono, S., Sri Dewi, Miftah Hulzannah, Maria Panggabean e Riki Afri Rizki. "Legal Protection Against Bank Customers in Review of Banking Laws". International Journal of Educational Research & Social Sciences 1, n. 1 (7 aprile 2021): 1–6. http://dx.doi.org/10.51601/ijersc.v1i1.7.
Testo completoAbstract (sommario):
Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence of customer rights conduct customer complaints, and use banking mediation forums for simple, cheap, and fast dispute resolution. Legal protection for customers in terms of the Consumer Protection Act lies in the obligation for banks to heed the procedure for making standard clauses.Settings via The Consumer Protection Law which is closely related to legal protection for customers as banking consumers is the provision regarding standard clauses. Meanwhile, from the laws and regulations in the banking sector, the provisions that provide legal protection for bank customers as consumers include the introduction of the Deposit Insurance Corporation (LPS) in Law Number 10 of 1998. At the technical level the legal umbrella protecting customers includes the existence of arrangements regarding the settlement of customer complaints and banking mediation in a Bank Indonesia Regulation (PBI).
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Hakim, Lukmanul. "CREDIT BANKING IN BUSINESS LAW PERSPECTIVE". UNIFIKASI : Jurnal Ilmu Hukum 6, n. 1 (20 agosto 2019): 53. http://dx.doi.org/10.25134/unifikasi.v6i1.1614.
Testo completoAbstract (sommario):
The purpose of this study is to encourage an increase in community prosperity, especially in banking legal aspects that can be seen by several things including credit agreements made by banking institutions and customers. In addition, the existence of business risk management has made banking institutions safeguard the health level of the bank so that people continue to believe in the existence of banking institutions. The method in this study uses qualitative analysis which will be given conclusions in accordance with the identification of problems. The results of this study conclude that credit is given to banking institutions in the perspective of business law by using credit agreements as risk mitigation so that non-performing loans will occur which will lead to a decline in bank soundness and the implementation of banking risk management from the perspective of current business law the bank's prudential principle by establishing management operational standards so that banks avoid business risks. The conclusion of this study is that banking institutions must implement procedures in accordance with the standards of each bank so that there will be no legal problems or other business risks. In addition, the application of the precautionary principle must always be applied considering one banking principle is the principle of caution.�Tujuan penelitian ini adalah mendorong peningkatan kemakmuran masyarakat terutama dalam aspek hukum perbankan yang dapat terlihat dengan adanya beberapa hal diantaranya adalah perjanjian kredit yang dibuat oleh lembaga perbankan dan nasabah. Selain itu adanya manajemen risiko bisnis menjadikan lembaga perbankan lebih menjaga tingkat kesehatan bank agar masyarakat tetap percaya akan adanya lembaga perbankan. Metode dalam penelitian ini menggunakan analisis kualitatif yang akan diberikan kesimpulan yang sesuai dengan identifikasi permasalahan. Hasil penelitian ini menyimpulkan mengenai kredit diberikan kepada lembaga perbankan dalam perspektif hukum bisnis dengan menggunakan perjanjian kredit sebagai mitigasi risiko agar tidak terjadi kredit bermasalah yang akan mengakibatkan tingkat kesehatan bank menurun dan serta penerapan manajemen risiko bisnis lembaga perbankan ditinjau dari perspektif hukum bisnis saat ini dengan menerapkan prinsip kehati-hatian bank dengan membuat standar operasional manajemen sehingga bank terhindar dari risiko bisnis. Simpulan dari penelitian ini adalah lembaga perbankan harus menerapkan prosedur sesuai dengan standar dari masing-masing bank sehingga tidak akan terjadi masalah hukum atau risiko bisnis lainnya selain itu penerapan prinsip kehati-hatian harus selalu diterapkan mengingat salah satu azas perbankan adalah adanya Azas kehati-hatian.
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Graham, Cosmo. "Competition Law and UK Retail Banking". World Competition 36, Issue 3 (1 settembre 2013): 425–48. http://dx.doi.org/10.54648/woco2013033.
Testo completoAbstract (sommario):
This article examines the application of competition law and policy in the UK retail banking sector from 2000 to the present. It focuses on the control of mergers between banks, attempts by the competition authorities to improve the conditions of competition and recent developments following the report of the Independent Commission on Banking. It argues that the traditional arrangements and understandings regarding the banking industry in the UK have broken down but it is as yet unclear what will replace them. Although the competition authorities have attempted to improve the competitive conditions of retail markets, progress has been limited, in part because of market structure issues. The problem for the competition authorities has also been that important decisions are not within their control and that, in some significant cases, the government has taken decisions contrary to their advice.
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Wright, Mark. "Banking Law; Re: Foamcrete and Assignment". Business Law Review 22, Issue 5 (1 maggio 2001): 106–8. http://dx.doi.org/10.54648/353580.
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Кудас, І. Б. "International banking law: public or private?" Theory and practice of jurisprudence 2, n. 8 (17 marzo 2015): 24. http://dx.doi.org/10.21564/2225-6555.2015.2.63883.
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Kreissman, James G. "Administrative Preemption in Consumer Banking Law". Virginia Law Review 73, n. 5 (agosto 1987): 911. http://dx.doi.org/10.2307/1072969.
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M. Anwarul Islam, K., Zulfiqar Hasan, Tawfiq Taleb Tawfiq, Abul Bashar Bhuiyan e Md Faisal-E-Alam. "Bank becomes cashless: Determinants of acceptance of mobile banking (fintech) services among banking service users". Banks and Bank Systems 19, n. 2 (5 aprile 2024): 30–39. http://dx.doi.org/10.21511/bbs.19(2).2024.03.
Testo completoAbstract (sommario):
Fintech services such as mobile banking are gaining significant acceptance among the citizens in Bangladesh. Therefore, this study aims to explore the determinants that influence banking service users’ decisions to accept and use fintech services such as mobile banking in an emerging market, specifically in Bangladesh. A questionnaire was developed and distributed to individuals actively using banking services in Bangladesh. A total of 400 questionnaires were distributed to individuals who have active bank accounts. This study obtained a total of 315 valid responses that were deemed suitable for inclusion in the data analysis, with a response rate of 78.75%. Furthermore, a five-point Likert scale was utilized to evaluate the responses to the item-based questionnaire. To evaluate the hypotheses, a significance level of 5% was applied, and the data pertaining to the subject matter and purpose of this study were examined using the SPSS v.29. The results of the study display that the acceptance of mobile banking (fintech) services is pronouncedly shaped by perceived trust, privacy, and security but not by perceived risk. Importantly, perceived security (β value = 0.302) has the greatest impact on mobile banking acceptance among customers compared to other variables. This study contributes to the literature by investigating the propensity of using Fintech services within the context of mobile banking.
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BASIR, Cik. "Sharia Principles in the Material Law of the National Banking Legal System". International Journal of Environmental, Sustainability, and Social Science 4, n. 3 (4 giugno 2023): 842–46. http://dx.doi.org/10.38142/ijesss.v4i3.571.
Testo completoAbstract (sommario):
The national banking legal system uses two operational principles, namely conventional and sharia. Sharia banking was born and based on the Islamic legal system. Islamic banks in Indonesia have only been operating for about 25 years. This is still relatively new compared to conventional banks which have been used for more than a century. Various regulations were made to support the development of Islamic banks. This paper will examine the scope of the national banking legal system and the implementation of sharia principles in the material law of the national banking legal system. From the results of the study it was concluded that: (1) The legal system of Islamic banking in Indonesia consists of three components of the legal system, namely legal substance (material law and formal law), structure, in the form of institutions that support Islamic banking, and culture, both corporate culture , as well as the culture of society. This is in accordance with the elements of the legal system put forward by L. Friedman. (2) The implementation of sharia principles in material law within the scope of the national banking legal system has been embodied in laws and regulations in the banking sector which contain sharia principles. Hierarchically starting from the constitution, namely the 1945 Constitution, Government Regulations, Financial Services Authority Regulations, National Economic Law Compilation and DSN-MUI Fatwas. However, in a number of regulatory matters (material law) Islamic banking is still the same as conventional banks.
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Sood, Muhammad. "REGULATION AND SUPERVISION OF SHARIA BANKING ACCORDING TO INDONESIAN LEGISLATION". Unram Law Review 1, n. 1 (11 settembre 2017): 16–40. http://dx.doi.org/10.29303/ulrev.v1i1.4.
Testo completoAbstract (sommario):
The purpose of this research is to analyze the regulation and supervision of Sharia banking business according to positive law in Indonesia, while the target is to be achieved, first, to analyze the regulation of Sharia banking supervision institution of according the positive law; Second, the existence of the institution of Sharia banking supervision, comparison of Sharia banking supervision that conducted by Bank Indonesia, the Financial Service Authority (FSA), the Board of Commissioners, and Board of Sharia Supervisory (BSS) according to Indonesian positive law. The gathering of legal materials conducted through the study of literature, then conducted a qualitative descriptive analysis to obtain a prescriptive conclusion deductively. The result of research shows that the regulation and supervision of Sharia banking in Indonesia at first is the authority of Bank Indonesia, then change judicially to become the authority of the FSA. The supervision of Sharia bank internally is also the authority of the Board of Commissioner and ShariaBSS as stipulated in the Banking Law of Sharia and Limited Company Law. Base on the result of research, there are inconsistent or conflict of norm about authority among institutions on regulation and supervision of banking. The problem can cause the legal uncertainty in the implementation of its functions, duties and authority of the FSA as an institution that is mandated by law in conducting regulation and supervision of banking. Therefore, it necessary to regulate comprehensively about Sharia banking supervision in an article or provision clearly and comprehensible, because of there are differences of the characteristics of Sharia banking activities.
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Shandy Utama, Andrew. "Arah Kebijakan Pengawasan terhadap Perbankan Syariah dalam Sistem Perbankan Nasional di Indonesia". Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 3, n. 1 (22 giugno 2020): 41–52. http://dx.doi.org/10.24090/volksgeist.v3i1.3498.
Testo completoAbstract (sommario):
This research aims to explain the direction of policy regarding supervision of Islamic banking in the banking system in Indonesia. The method used in this research is normative legal research using the statutory approach. The results of this research explain that the policy regarding supervision of Islamic banking in the national banking system in Indonesia is headed toward an independent direction. In Law Number 7 of 1992 and Law Number 10 of 1998, it is stated that supervision of Islamic banking is done by Bank Indonesia as the central bank. Based on Law Number 21 of 2008, supervision of Islamic banking is strengthened by not only being supervised by Bank Indonesia, but also by the National Sharia Council of the Majelis Ulama Indonesia by placing Sharia Supervisory Councils in each Islamic bank. After the ratification of Law Number 21 of 2011, supervision of Islamic banking moved from Bank Indonesia to an independent institution called the Financial Services Authority.
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Pastushenko, Elena Nikolaevna, Natalia Vladimirovna Neverova, Elena Vladimirovna Kornukova e Larisa Nikolaevna Zemtsova. "Banking law as the complex branch of legislation". SHS Web of Conferences 118 (2021): 04003. http://dx.doi.org/10.1051/shsconf/202111804003.
Testo completoAbstract (sommario):
The objective of the present research is the formation of the concept of teaching banking law as the interdisciplinary subject of the Master’s degree in Economics and Law in higher educational institutions. The work used the dialectic and technical methods that allowed showing the interrelation and mutual influence of the various aspects of the banking law as the interdisciplinary subject in the higher educational institutions. The comparative and legal method was used for revealing the stages of the legal regulation of the banking system of the Russian Federation and the formation of the banking law as the complex branch of legislation. The inductive method was applied when analyzing the Russian legislation with regard to the status of the Central Bank of the Russian Federation, lending institutions, bank operations and transactions and deals from the point of view of client-oriented approach and protection of consumers’ rights when obtaining financial services. The most important result of the present research is the grounding of advisability to teach the banking law in the higher educational institutions as the interdisciplinary subject of the Master’s degree in Economics and Law. This offer was introduced basing upon the position of the Theory of the state and law and the sectoral science of Financial Law to consider the banking law as the complex branch of legislation that allows characterizing the offer made as a result characterized by the scientific novelty having the scientific and theoretical significance for the further scientific discussions regarding the role of the complex educations in law, improvement of the law-making, law-enforcement and law-interpretive activity of the Central Bank of the Russian Federation and also the day-to-day update of the legislation due to the changing realias, performing works on education in the law and financial literacy, improvement of client-oriented approach when providing banking services and protection of rights and legal interests of the consumers of financial services.
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Bodenhorn, Howard. "Free banking and bank entry in nineteenth-century New York". Financial History Review 15, n. 2 (ottobre 2008): 175–201. http://dx.doi.org/10.1017/s0968565008000152.
Testo completoAbstract (sommario):
AbstractPrevious studies of entry under New York's free banking law of 1838 have generated conflicting results. This article shows that different measures of entry lead to different conclusions about the competitive effects of the law. Measured by the entry of new banks, New York's free banking law led to increased rates of entry relative to other states. Free banking did not, however, lead to significant increases in capital accumulation in the industry. This paradoxical outcome resulted from the regulatory features of free banking, especially the bond security feature, which reduced profitability and incentives to invest in banking.
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Arifin, Ridwan. "LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS". Jambe Law Journal 1, n. 1 (9 luglio 2018): 55–90. http://dx.doi.org/10.22437/home.v1i1.7.
Testo completoAbstract (sommario):
The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.
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Arifin, Ridwan. "LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS". Jambe Law Journal 1, n. 1 (9 luglio 2018): 55–90. http://dx.doi.org/10.22437/jlj.1.1.55-90.
Testo completoAbstract (sommario):
The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.