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Perlindungan Bagi Nasabah Dalam Penyelenggaraan Layanan Perbankan Digital Di Indonesia, Melia Prabangasta Yustisia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The development of digital banking services in Indonesia is growing along with the increasingly intense competition in the banking industry. The internet changed the paradigm in terms of communication and business, where the development of these technologies brought changes in banking business activities towards digital banking. Customers can access financial services only by using mobile phones, easily conduct banking service transactions using various methods ranging from short message service (SMS) Banking to internet banking, access banking services without visiting the branch office but through application services from each bank. However, the development of digital banking services needs to be followed …

Hak Cipta Sebagai Jaminan Pemberian Kredit Bank Dikaitkan Dengan Prinsip 5c (Character, Capacity, Capital, Collateral, Condition Of Economy), Tantowi Akbar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Banking institutions in Indonesia have the main function as collector and distributor of public funds as outlined in Article 3 of Banking Law Number 10 of 1998. In loans provided, banks are required to use the precautionary principle, known as the 5C Principle (Character, Capacity, Capital, Guarantee, and Condition of Economy). One form of collateral known in Indonesia is fiduciary collateral that can be encumbered for both movable and immovable objects either tangible or intangible that can not be encumbered for a Mortgage according to Article 1 number 2 of Fiduciary Guarantees Law Number 42 of 1999. Copyright is one …

Perkembangan Dan Pembatasan Penggunaan Bank Garansi Sebagai Jaminan Pelaksanaan Oleh Pemerintah Dan Perusahaan Bumn Dalam Pelaksanaan Perjanjian, Azhar Rahadiyan Anwar

Technology and Economics Law Journal

The purpose of Banking in Indonesia is to support the development and stability of Indonesia’s economy. To achieve that and according to the rules in Indonesia, Banks have 2 (two) primary function which is to collect fund from the citizen and to distribute fund to the citizen. this kind of function is known as intermediary function of Bank. One of the product of Bank regarding the distribution fund to ctizen manifest in Bank Guarantee. Bank Guarantee is a product of Bank which has the purpose to give guarantee to the benifciary that the principal who request Bank Guarantee to the …

Rekonstruksi Undang-Undang Perbankan Untuk Mewujudkan Perlindungan Nasabah Penyimpan Yang Integratif Dan Berkepastian Hukum, Danu Febrianto, Joni Emirzon, Febrian Febrian

Jurnal Hukum & Pembangunan

Banks have an important role in economic development through their function by collecting funds from the public in the form of deposits and channeling them to the public in the form of credit in order to improve the standard of living of the people at large. Currently the banking business is regulated in Act Number 7 of 1992 concerning Banking as amended by Act Number 10 of 1998 (abbreviated as "Banking Act”). In a period of 20 years from 1998 to 2018, there have been developments in regulations relating to the depositors protection which are scattered in various laws and …

Mind The Gap: A Comparative Approach For Fixing Volcker, Learning From Liikanen, And Using Vickers To Repair The U.S. Banking System, Rachel Sereix

Duke Journal of Constitutional Law & Public Policy Sidebar

After the 2008 financial crisis, Congress, courts, and international banking agencies alike determined that their current banking infrastructures were inadequate to prevent such crises in the future. The Dodd-Frank Wall Street Reform Acttried to solve the problem by reducing derivatives-related risk through legislative provisions that increased capital and liquidity requirements for all banks. Yet, banks continued to find means to subvert the system and Congress remained relatively silent on the issue after the passage of Dodd-Frank—failing to amend Dodd-Frank in any meaningful way. Looking towards European peers for guidance about how to reform the United States’ banking regime has often …

Implementasi Hak Cipta Sebagai Jaminan Pemberian Kredit Bank Dikaitkan Dengan Prinsip 5c (Character, Capacity, Capital, Collateral, Condition Of Economy), Tantowi Akbar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Banking institutions in Indonesia have the main function as collector and distributor of public funds as outlined in Article 3 of Banking Law Number 10 of 1998. In loans provided, banks are required to use the precautionary principle, known as the 5C Principle (Character, Capacity, Capital, Guarantee, and Condition of Economy). One form of collateral known in Indonesia is fiduciary collateral that can be encumbered for both movable and immovable objects either tangible or intangible that can not be encumbered for a Mortgage according to Article 1 number 2 of Fiduciary Guarantees Law Number 42 of 1999. Copyright is one …

Law School News: Staff Person Of The Year 2021: Ann Marie Thompson 05/18/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (May 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Bank Is A Guarantor To Fulfill The Use Of Electronic Cards, Dr. Karima Karim

UAEU Law Journal

There are many guarantees of using modern payment methods, especially the electronic card: whether before using it – the conditions of obtaining - or even when used. Which is mainly related to the intervention of the bank, who puts it at the disposal of its customers as a result of the relationship between them, and is obliged to guarantee the payment as a result of their use depending on the banking norms governing its dealing. Because of its commitment to independence, abstraction and irreversibility, the Bank is the best guarantor to fulfill the use of electronic cards. Keywords: E-card; Bank; …

The Inchoate Meaning Of “Covered Security” Under The Securities Act Of 1933 – A Look At A Bank “In Organization”, Michael D. Waters

American University Business Law Review

No abstract provided.

Akibat Hukum Jual Beli Tanah Dibawah Tangan Dan Dijual Kembali Secara Pura-Pura Oleh Penjual Serta Diagunkan Kepada Bank Oleh Pihak Ketiga, Zikra Fitrianti

Indonesian Notary

Berdasarkan kasus dalam Putusan Mahkamah Agung Nomor 164/K/Pdt/2018 Juncto Putusan Pengadilan Tinggi Medan Nomor 36/Pdt/2017/PT.MDN Juncto Putusan Pengadilan Negri Tebing Tinggi Nomor 34/ Pdt. G/2015/PT.MDN dimana jual beli tanah telah dilakukan dengan dibawah tangan dan atas tanah tersebut dijual kembali oleh penjual secara pura-pura kepada pihak ketiga dan selanjutnya oleh pihak ketiga, tanah tersebut dijadikan agunan dengan Hak Tanggungan kepada Bank. Yang menjadi pokok permasalahan adalah, Bagaimanakah akibat hukum terhadap jual beli tanah dibawah tangan dan dijual kembali serta dijadikan agunan kepada Bank dalam putusan ini berdasarkan ketentuan yang berlaku dan Bagaimanakah Pertimbangan Hakim pada Putusan Pengadilan tersebut dikaitkan dengan …

Law School News: Staff Person Of The Year: Ann Marie Thompson 05-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Penerapan Prinsip Cross Default Dan Cross Collateral Pada Perjanjian Kredit Dengan Agunan Hak Atas Tanah (Studi Pt. Bank Negara Indonesia (Persero) Tbk.), Muhammad Irfan Hielmy

Indonesian Notary

Pemberian kredit yang melibatkan lebih dari satu kreditur maupun debitur menjadi hal yang sering dijumpai mengingat kemampuan kreditur dan debitur yang terbatas, hal ini mengakibatkan terdapat lebih dari satu hubungan hukum, untuk menjamin terlunasinya utang debitur, hak atas tanah seringkali dijadikan sebagai agunan bersama terhadap beberapa perjanjian kredit tersebut. Dalam kondisi demikian, Bank atau Notaris mencantumkan klausul cross default dan cross collateral, guna menjamin kepentingan bank dalam rangka eksekusi agunan bilamana terjadi wanprestasi, dengan adanya klausula cross default maka bilamana debitur wanprestasi terhadap satu perjanjian kredit, maka perjanjian kredit yang memiliki klausula cross default dengan perjanjian kredit tersebut akan berada …

Bank Culture And The Official Sector: A Spectrum Of Options, Michael Held, Thomas M. Noone

Seattle University Law Review

If you think culture is too squishy, please hear us out. In Part I of this Article, we set out what we mean by culture. In Part II, we explain why we are interested in culture and why it matters to us now. In Part III, we will survey the work of other public authorities in their efforts to address culture. In our view, these efforts fall into several categories along a spectrum from more advisory to more prescriptive. We do not endorse any particular method. All of these efforts are useful attempts to address a common problem: repeated ethical …

O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli

The Journal of Business, Entrepreneurship & the Law

In this perspective, the purpose of this Article is to analyze the functioning of the European regulatory framework for the crisis of credit institutions in the light of its early applications, and with a special focus on the bail-in tool. We investigate how the new resolution mechanisms—rooted in the principle of private sector involvement in banking restructurings—have interplayed with (and tried to re-shape) legal and institutional contexts still characterized by an attitude to bail-out rescues and by non-harmonized national insolvency legislations.

Legal Instruments Of State Practice And International Initiatives Undertaken To Fight Corruption In The Banking And Financial Sector, N. D. Nodirxonova

International Relations: Politics, Economics, Law

In this article we analyze the legal aspects of leading international experience in countering corruption in bank and financial sectors. It must be noted that these issues have gained even more importance given the universal character of corruption related criminal activities. The trans-boundary character of this kind of crimes makes it significant to properly study and learn foreign expertise in the sphere. Having analyzed experience of various countries we have come up with relevant conclusions, regarding institutional base, legal tools, involvement of civil society actors, significance of transparency and etc.

Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton

Seattle University Law Review

A collection of eighteen speeches and lectures, from 2003 to 2018, discussing and expanding on the writings and theories of Adolf Berle and Gardiner Means.

The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev

ProAcademy

In this article•, the issues of entering into letter of credit agreement by business entities in business activities have been discussed.

Law School News: Does Indictment Mean Correia Will Likely Be Forced To Resign? Law School Dean Says 'Wait A Week' 10/17/2018, Michael Holtzman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Perlindungan Nasabah Terkait Praktik Pembukaan Rahasia Bank Oleh Pegawai Bank Dalam Proses Penegakan Hukum Tindak Pidana Pencucian Uang Dihubungkan Dengan Asas Kepastian Hukum, Hendrik Agus Sutiawan, Etty Mulyati, Ijud Tajudin

Jurnal Hukum & Pembangunan

Bank secrets are essential elements and logical consequences of the bank's business character as a trust institution. Bank secrecy is a form of legal protection for depositors. The purpose of this study is to know how the protection of customers and how law enforcement against the opening of bank secrets by Bank Employee in the process of investigating money laundering crime connected with the principle of legal certainty. This research method using normative juridical approach method, that is an approach used to know that a law in accordance with applicable provisions. The research specification is analytical descriptive, using qualitative juridical …

Password Please: The Effectiveness Of New York's First-In-Nation Cybersecurity Regulation Of Banks, Melissa Knerr

The Business, Entrepreneurship & Tax Law Review

In March of 2017, New York enacted new cybersecurity legislation focused on regulating banking security. Cybersecurity attacks on the financial sector have risen recently and the federal and state governments are looking to combat data breaches. The regulations themselves strive to regulate security conduct by the financial institutions, including required testing and risk assessment, training for cybersecurity personnel, and mandated reporting to upperlevel staff as well as the New York Department of Financial Services. While these regulations are the first of their kind and strive to set in place certain basic requirements for cybersecurity, it remains to be seen how …

Balancing The Governance Of Financial Institutions, David Min

Seattle University Law Review

Part I briefly describes the traditional agency–cost approach to corporate governance and the rationale that is offered for elevating the agency–cost concerns of shareholders over those of other stakeholders (especially creditors). But as Part I goes on to argue, even if this justification for shareholder primacy is convincing in corporate governance generally (and there are many who do not find it so), several unique characteristics of banks obviate the reasoning behind shareholder primacy. Banks are highly leveraged, which exacerbates creditor–shareholder agency conflicts and places greater importance on the interests of creditors. Banks enjoy government guarantees, and thus their corporate governance …

Willson V. Black-Bird Creek Marsh Co., 25 U.S. 245 (1829): An Early Test Of The Dormant Commerce Clause, Michael P. Collins Jr.

Legal History Publications

In 1822, Delaware authorized the Blackbird Creek Marsh Company to bank and drain the Blackbird Creek in New Castle County. Subsequently, Thompson Wilson and others destroyed the structure built by the marsh company. The marsh company subsequently sued Mr. Wilson for the damage to its property. The parties eventually appealed their dispute to the Supreme Court of the United States. The Court held that Delaware’s authorization to bank and dam the creek did not conflict with the federal government’s exclusive authority to regulate commerce between the several states. Ultimately, the Court decided Willson in a manner inconsistent with its earlier …

My Dreaming - Boobera Lagoon - Gamilaroi Country, Phil Duncan, Thawun Birru, Gomeroi Nation

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

2 pages (includes color illustrations)

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

Faculty Scholarship

During the housing crisis banks were confronted with a previously unknown number mortgage foreclosures, and even as the height of the crisis has passed lenders are still dealing with a tremendous backlog. Overtime lenders have increasingly engaged third party contractors to assist them in managing these assets. These property management companies — with supposed expertise in the management and preservation of real estate — have taken charge of a large swathe of distressed properties in order to ensure that, during the post-default and pre-foreclosure phases, the property is being adequately preserved and maintained. But in mid-2013 a flurry of articles …

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

Christopher K. Odinet

Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian

Georgia Journal of International & Comparative Law

No abstract provided.

On Business Torts And The First Amendment, Richard J. Peltz-Steele

Faculty Publications

A gaping question in free speech law surrounds the application of the First Amendment defense in business torts. The pervasiveness of communication technologies, the flourishing of privacy law, and the mere passage of time have precipitated an escalation in tort cases in which communication, and what the defendant may allege is free speech, lies at the heart of the matter.

In Tort Pursuit Of Mass Media: Big Tobacco, Big Banks, And Their Big Secrets, Richard J. Peltz-Steele, Eric J. Booth

Faculty Publications

This article examines potential civil liability under the multistate norms of tort and closely related areas in the common law of the United States for the mass media re-publisher of leaked corporate secrets. The examination employs two fact patterns derived from real cases: one, contemporary, an international bank's grievance, never resolved on the merits in court, against the online publisher WikiLeaks; and second, conventional, a tobacco manufacturer's grievance, feared but never filed, against the television newsmagazine 60 Minutes. The study assumes jurisdiction arguendo and examines liability theories in tortious interference; unfair-competition law; and conversion, trade-secret appropriation, and related theories of …