Tugas Hukum Perbankan No.

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

Q1 Perbankan berperan sangat penting dalam perekonomian, sehingga jika mengalami

krisis selalu diupayakan penyehatannya. Mengapa demikian? Hal ini berbeda dengan
industri keuangan lainnya.

Banking has an extremely important role in order to achieve a developed and progressive
economy, and a sustainable economy can derive from a resilient banking system. With this
healthy economy, there would be an increase in Indonesian standard of living.

In reference to Article 1 no. 2 UU 10/1998, banks are business entities that collect funds from
the society and distribute said funds back to society in the form of credit and other forms of
value.

This shows that banks play an intermediate role between two parties: people with surplus
funds, and people who require funds. From this, it can be seen that banks also serve as a
medium to bridge and mobilize funds between the monetary sector (for example: investors),
to the real sectors (for example: entrepreneurs).

Furthermore, banking is the heart of Indonesia’s national economy and is the key to economic
activity as it ensures the smooth flow of money. Banks do this by providing credit, help develop
community businesses (small, medium and large scale), deposit funds and save funds in the
bank. This is all in the aim of achieving and maintaining public bank trust or fiduciary
relationship, which will then turn to a prosperous society and if disturbed can lead to run and
panic banks which will create financial crises. Another important function that banking has is
that banks are influential to economic activity and implementation of monetary policy, which
the government assists through Bank Indonesia. Banks also play an important role in economy
recovery by their role in the distribution of money, and through conducting national payment
transactions.

The banks’ function is done in a different way to other monetary industries as banks are
working for and prioritizing the interest of a society’s prosperity and improving standard of
living, a function that is unique and cannot be replaced by other monetary industries as other
monetary industries’ sole aim is to find profit.

As an economy crisis includes consequences that are likened to unstable credit and monetary
aggregates, decreased income and impacts the payment system negatively, the smooth
functioning and strength of banks can mitigate economic crises.
 (Source: UU No. 10 Tahun 1998 tentang Perbankan; Bhegawati and Utama, “The Role of
Banking in Indonesia in Increasing Economic Growth and Community Welfare.” 22(1) South
East Asia Journal of Contemporary Business, Economics and Law; Fahrial, “Peranan Bank
Dalam Pembangunan Ekonomi Sosial” 1(1) Ensiklopedia of Journal, Universitas Islam Riau.)
Q2 Bagaimana hubungan antara perbankan dengan lembaga-lembaga keuangan lainnya
yang ada di Indonesia? Jelaskan sekurang-kurangnya dengan 3 lembaga keuangan
dimaksud? Apakah dimungkinkan suatu Bank untuk mendirikan anakanak
perusahaan? Bagaimanakah pengaturannya? Jika suatu bank akan mendirikan anak
perusahaan, mengapa ada pembatasannya?

According to Article 1(b) of UU 14/1967, financial institutions are all entities that conduct
their activities in the financial field, collect money from and distribute to the people. In
Indonesia, there are two types of financial institutions: banking financial institutions and non-
banking financial institutions. As outlined in Q1, banking financial institutions work to collect
money, act as intermediary for the payment process, buyer and distributor of credit and Bank
Indonesia can print money.

However, non-banking financial institutions work in the field by distributing commercial paper
and develop the capital market, while assisting in the capital for weak-economy companies.
Examples of non-banking financial institutions are as follows, but not limited to: insurance
companies, pension funds, capital market, koperasi simpan pinjam, venture capital company,
pawnshop company, leasing companies, credit card companies, money market and
infrastructure financing companies.

Even though banking financial institutions and non-banking financial institutions have
different functions and role, both financial institutions have the same contribution to build
Indonesia’s better economy, collect money and conduct productive activities to prosper the
state and its people. Banking and non-banking financial institutions often have basic
relationships to achieve both of their aims, these are the examples:

• In accordance with Article 7(b) of UU 10/1992, banks can conduct and participate in
capital to non-banking financial institutions such as leasing, venture capital, securities
companies and insurance companies, in compliance with relevant Bank Indonesia
regulations.
• Based on Art. 39 and 40 Keputusan Menteri Keuangan Republik Indonesia Nomor
426/KMK.06/2003 tentang Perizinan Usaha dan Kelembagaan Perusahaan Asuransi
dan Perusahaan Reasuransi, banks and insurance companies can work together through
bancassurance. Bancassurance is when the bank sells an insurance product from an
insurance company directly to its customers, where both the bank and the insurance
company will then share profits from the sale commission of the insurance product.
• Pursuant to Article 9 of Peraturan Otoritas Jasa Keuangan Republik Indonesia Nomor
46/POJK.05/2020 tentang Perusahaan Pembiayaan Infrastruktur, infrastructure
 financing companies has to have paid-in capital at the time of establishment of at least
one trillion rupiah. This capital will be deposited in banks, on behalf of the
infrastructure financing companies.

Banks have the ability to conduct or execute additional business activities. However, this must
be done by special permission. This is reflected in Article 7 of UU 7/1992, where there is no
prohibition of creating subsidiary companies in the law. There has been some banks who now
have subsidiary companies such as: BRI with its subsidiary company, PT Asuransi Jiwa
Bringin Life Sejahtera.

A limitation to banks owning subsidiary companies is that the source of banking funds is
money from the people. Banks have the ability to reinvest funds into becoming credits or
businesses, however this must be done with adherence to demand deposit which is the
customers’ right to take his/her money, even if not all of customer funds are actually in the
bank. However, there is another principle which mitigates this problem which is fractional
reserve, in which banks has to only provide a cash amount based on the potential of a cash
deposit during a period of time.

(Source: Putri, Dhian, “Investasi Bank di Dalam Pasar Modal” 1 BLR; Wiwoho, “Peran
Lembaga Keuangan Bank dan Lembaga Keuangan Bukan Bank Dalam Memberikan
Distribussi Keadilan Bagi Masyarakat.”)
Q3 Jelaskan mengenai pasar uang dan pasar modal! Bagaimana hubungan antara bank
dengan pasar modal?

The money market is a market in which the transactions concern short-term financial
instruments. Short-term financial instruments are usually defined as financial instrument with
a maturity period of less than one period, examples include: interbank loans, commercial
papers, etc. The parties to money market activities are usually commercial banks and other
financial institutions such as securities/brokerage companies.

Based on Article 1 No. 13 of Undang Undang Pasar Modal No. 8 Tahun 1995, the capital
market are activities related to public offerings and trade securities, public companies,
institutions and professions related to the securities. Furthermore, the capital market is a market
in which the transactions concern long-term financial instruments. An example of this are
socks and bonds, where companies used them as an additional source of capital. The parties to
a capital market are securities companies in shares, banks and securities companies in
obligations and exchange is an institution that conducts securities trading with organization.

The differences between the two market includes: (1) the money market is more abstract and
does not have an actual location, and is conducted through Over The Counter Market while
capital market is through exchange or stock exchange, (2) money market uses short-term
financial instruments, while capital market uses long-term, (3) capital market is more
organized because it has a specific place of transaction and is supervised by the authorities of
 the capital market, (4) the highest authority of the money market is Bank Indonesia, while the
capital market’s highest authority is the Departemen Keuangan.

Banking has an important role in the development of the capital market as banking supports
all activities that ensure successful transaction in the capital market and stock exchange. With
this function, banks can do this by acting as custodian who provide custody of securities and
other assets and services, receive dividends, interest and other rights, complete transactions in
securities and represent their customers who are account holders. According to Article 43(1)
UU 8/1955, banks are one of the institutions that can become the custodian to capital market
activities. However, as regulated by Article 1 no. 3 of Peraturan Otoritas Jasa Keuangan Nomor
27/POJK/.04/2019 tentang Persetujuan Bank Umum sebagai Kustodian, the only banks that
can become custodian to the capital market are those who have received approval from the
Otoritas Jasa Keuangan.

(Source: Putri, Dhian, “Investasi Bank di Dalam Pasar Modal” 1 BLR; Sudarmanto, Damanik,
Purba, “Pasar Uang dan Modal” Penerbit Yayasan Kita Menulis.)
Q4 Mengapa hanya ada 2 jenis bank saja dan apa perbedaan keduanya? Jelaskan pula jenis
badan usaha yang dapat digunakan oleh Bank? Bagaimanakah persyaratan dan
prosedur pendirian Bank Umum?

As provided by the law such as Article 5 of Undang Undang Nomor 7 Tahun 1992 tentang
Perbankan, the bank is made up of two types: commercial banks and bank perkreditan rakyat
(“BPR”).

Based on Article 1(3) UU 10/1998, commercial banks are banks in Indonesia that will conduct
their activities in either a conventional way or through Syariah, by giving services in payment
traffic. The capitals of these banks are Rp. 10 trillion for conventional banks and Rp. 1 trillion
for Syariah banks, and can be owned by both Indonesian and foreign citizens. The types of
business entity type that can be used by this type of bank is limited liability company,
cooperation, perusahaan daerah or foreign banks.

As regulated by Article 1(4) UU 10/1998, BPR are banks that conduct activities in a
conventional way or can be based on the Syariah principles. However, they do not provide
services in payment traffic. There are key differences to commercial banks, and are as follows:
BPR must be located in districts, and the capital ranges from Rp. 4 billion to Rp. 14 billion,
determined through zone locations. For example, the highest capital of Rp 14 billion is in the
DKI Jakarta zone. Unlike commercial banks, BPR must be owned by Indonesian citizens or
Indonesian legal bodies. The types of business entity type that can be used by BPR is
perusahaan daerah, limited liability company, cooperation and other types except for foreign
banks. Unlike commercial banks, BPR may not participate in foreign exchange or clearing.

When establishing a commercial bank, there must be permission beforehand for the parties
who will establish the commercial bank. Before, the authority to give approval was Bank
Indonesia as the monetary institution. However, with UU 21/2011, this authority was
transferred to the Otoritas Jasa Keuangan. Based on Article 16(2) UU Perbankan, this
approval requires: organization (central, assisting, franchise offices) and management
(pemegang saham pengendali, board of directors and board of commissioners) structure,
capital (minimum of Rp. 3 trillion for first-time establishment, and Rp. 100 million for
established banks), ownership (Indonesian and foreign citizens and legal bodies), expertise
of the directors, commissioners and PSP, and feasibility of work plan (which must have good
corporate governance, executive summary, management policy, management risk, projection
of budget, ratio and post, budget and capital plans, human resources and organizational
development, product launch, and other information).

(Source: Basana, “Aspek Hukum Pnedirian Bank Umum Menurut Peraturan Otoritas Jasa
Keuangan,” 2017.)
 SURAT PERNYATAAN

Dengan ini saya yang membuat pernyataan:

Nama: Adara Zalikha Setiawan
NPM: 1906423845
menyatakan adalah benar tulisan saya sampaikan untuk tugas hukum perbankan merupakan
tulisan saya sendiri, memenuhi persyaratan anti plagiarism dan dapat dipertanggungjawabkan
apabila terdapat kesamaan tulisan saya dengan orang lain.

Jakarta, 24 Februari 2022

Adara Zalikha