Tugas Hukum Perbankan No.

5 -- KKI
Adara Zalikha Setiawan
Urutan No. 14
1906423845

1. Jelaskan hal-hal yang mempengaruhi jasa-jasa dan produk perbankan?

There are two factors that can affect the banking services.
1. A factor can affect is the banking system that is implemented. For example,
specialized banking allows for limited services and product while universal
banking allows for an expansion of services and products, which includes the
Capital Market. The banking system in Indonesia is regulated in Article 6 jo.
10 of UU Perbankan, where the banking system implemented is a combination
of the two. This can be seen in how the services and products of banks are
allowed a degree of freedom, while still having some forms of limitations.
2. Another factor that can affect is the development in Information Technology.
Banks now are highly dependent on technology itself, where most of its daily
activities are made possible with developments in information technology.
Even for their customers, most customers use internet banking/e-payment to
go about their daily transactions. Because of this, developments of technology
will highly impact banks as it will inevitably lead to upgrades and modification
to their services and products.
2. Jelaskan dengan lengkap ketentuan Pasal 6(f) UU Perbankan? Apa yang
menjadi dasar ukuran kelaziman pada ketentuan tersebut. Berikan dengan
contohnya!
Pursuant to Article 6(f) UU Perbankan, there are a variety of forms that bank
enterprises can be established as. Inferred from letter (n) of the article, we can see that
banks must conduct other activities in a way that is normal or common. Other
activities refer to activities that bank may act on that is not illegal, however not
explicitly regulated in Article 6 of UU Perbankan. These activities must not
contravene any applicable Indonesian law that is relevant to the activity.

The standard that can be applied in determining what is considered “other, common
activities” that is referred to in Article 6 UU Perbankan is: First, the common activities
do not contradict and applicable laws. Second, the common activities are somewhat
foreseeable and have high potential for banks to conduct, which can connect to a
variety of activities that are relevant to the financial and monetary sector. Examples
of this would be providing helping the business administration for customers, bank
guarantees, and swapping interests.
3. Jelaskan perbandingan produk perbankan Safe Deposit Box dengan Custodian!
Safe Deposit Box is a facility that Banks often offer to their customers. The Safe
Deposit Box allows for customers to store their valuable items: this can range from
expensive objects such as jewelry and gold, and important things such as birth
 certificates. There have also have been times where a customer will store something
that is not of value to much people, but priceless to them. From this, it can be inferred
that Safe Deposit Boxes provide customers with a secure place for them to store
valuables. While Custodian provide storage for objects that are connected to the
trading of securities. This could relate to portfolio, assets connected to securities,
acceptance of interest, dividends, settlement of securities transactions, account holder
representatives and other rights.

Although they both function as storage, there are the differences between Safe Deposit
Box and Custodians are as follows:
• The scope of Custodians is much wider than the Bank’s function as the
provider of a Safe Deposit Box as Safe Deposit Box only functions as a
storage.
• The subject (Banks) and object (type of valuables) stored by Safe Deposit Box
and Custodians are different
• The legal aspect of the leasing of a Safe Deposit Box is through a legal easing
agreement. The tenant who leases the Safe Deposit Box has full responsibility
over liabilities such as damage, loss, key to the Safe Deposit Box and its
custodian. The Custodian is very different to this.
• Safe Deposit Box is a closed storage, and the tenant is seen as a lessee or a
person who rents. The condition of the stored objects is the responsibility of
the customer. While custodian are open storage, customers can store their
valuable, however the responsibility is burdened to the Bank. For rights, Rapat
Umum Pemegang Obligasi and other obligations will be authorized by the
customer to the bank.

4. Jelaskan apa yang dimaksud dengan L/C, berikan penjelasan mengenai jenis
jenis L/C dan bagaimana kasus hukum yang terjadi pada L/C Fiktif yang terjadi
Bank BNI.
L/C is an abbreviation of Letter of Credit. This is a contract that banks issue that
establishes a customer’s order to pay. This is an instrument that an L/C applicant uses
to pay an exporting party, or for a third party to accept payment if certain conditional
documents have been met. From this, we can see that L/C establishes a relationship
between a foreign exchange bank to another bank through export and import. A type
of L/C are Commercial L/C as a method of payment that encompasses:

• Irrevocable L/C, which allows for one-party cancellation without consent;

• Sligh payment L/C, which obligates an advising bank to provide payment to
exporter with drafts and documents;
• Transferable L/C, which is transferable to other parties;
• Standby L/C, which guarantees a contract’s default should an L/C fail to be
paid in a connected contract;
 • Domestic L/C, is an L/C that includes a promise to pay by the Bank to another
party should terms and conditions be fulfilled;

The Fiction L/C case that occurred in Bank BNI was a case between Maria Pauline
and BNI Kebayoran Baru. Maria Pauline presented herself as an important who is
conducting fictious L/C to BNI and that BNI has provided her a loan of Rp. 1.7 trillion.
This loan would be reimbursed by PT Gramrindo Group, however it turns out that PT
Gramarindo Group was not part of any export-import relationships. Marie Pauline also
presented loan guarantees from banks in Kenya, Switzerland and the Wall Street
Banking Corp. However, with the fraud that she has conducted, it resulted in the
conclusion that Marie Pauline merely acted to open L/C without actually there being
any exports or imports. This resulted in BNI failing to process and settle the L/C that
Maria Pauline initiated as there was no banks (that Maria Pauline had promised BNI)
that could act upon the L/C.
5. Bagaimanakah resolusi LPS dalam mengatasi krisis perbankan? Jelaskan pula
bagaimana Mekanisme Purchase and Assumption?
LPS has the function to stabilize banking systems in its authority, this can include
providing, formulating, conducting and determining bank resolutions. The resolutions
that LPS can provide to banks can include the following:
• Bail in method by providing funds that come from the banking sector, without
having assistance from the State’s funds.
• UU PPKSK has determined that banks should resolve their issue by
prioritizing use of their own funds first and develop a recovery plan that must
be approved by the OJK;
• Purchase and Assumption which is recommended by LPS through UU
PPKSK. This is a method of resolution where the bank in crisis will be bought
by an assuming bank. The assuming bank will by a portion or all assets of the
bank in crisis, while also transferring the all or a few of the crisis bank’s
responsibilities. Pursuant to Article 23 of UU PPKSK, the LPS will categorize
what assets and responsibilities should be sold and which should be liquidated.
• Pursuant to Article 25 of UU PPKSK, bridge Bank is a conventional bank that
will be established by LPS to be used as a way to resolve and accept diversions
of a portion or all assets and responsibilities of a Bank that is currently being
resolved by the LPS. The bridge bank will then also conduct the business
activities, where the ownership will also transfer to another party.