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Legal Regulations on Gold Banks Post-UUP2SK and POJK17/2024: Normative Review and Comparison with International Practices George Yudistira Irawan; Hwian Christianto
Journal of Social Research Vol. 4 No. 9 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i8.2726

Abstract

This article analyzes the legal framework for Indonesia’s bullion bank following the enactment of the Financial Sector Development and Strengthening Act of 2023 (UUP2SK No. 4/2023) and the Financial Services Authority Regulation No. 17/2024 (POJK17/2024). It also comparatively reviews gold banking regulations and practices in other countries to derive lessons for Indonesia. The research employs a normative juridical method, relying on primary legal sources (legislation and official regulations) and secondary sources (academic literature). The study indicates that UUP2SK formally recognizes bullion banking as a financial business activity related to gold, mandating Financial Services Authority (OJK) licensing for any institution engaging in such business. In response, POJK17/2024 establishes a comprehensive regulatory framework governing bullion bank operation, including the scope of activities (gold deposit-taking, financing, trading, custodial services, etc.), licensing procedures, capital requirements, and prudential principles. Internationally, countries like Turkey and Malaysia have successfully integrated gold banking into their financial systems—Turkish banks offer digital gold deposit accounts, and Malaysian banks provide online gold investment services under central bank oversight. Indonesia can learn from these experiences by enhancing public literacy, ensuring regulatory transparency, and building trust in gold-based financial products. With a robust legal framework in place and the first bullion bank licenses granted to state-owned Pegadaian and Bank Syariah Indonesia, Indonesia’s nascent gold banking sector holds significant promise. However, further refinement (i.e., clarifying tax treatment and strengthening consumer protection) is needed to optimize the implementation of the national bullion bank and to harness its potential for financial inclusion and economic growth.
Examination of the Sentencing Framework and the Application of Concurrent Offences to Fuel Oil Counterfeiting in Downstream Business Activities Inge Yuliana Liman; Hwian Christianto
SIGn Jurnal Hukum Vol 8 No 1: April - September 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v8i1.728

Abstract

Fuel oil counterfeiting in downstream petroleum and natural gas business activities constitutes an economic criminal offense involving several criminal acts. Such conduct disrupts the order of fuel oil trade, harms consumers, and reduces the effectiveness of state supervision over energy distribution. This study examines the sentencing framework for fuel oil counterfeiting and assesses the implications of criminal penalty adjustment policy for the effectiveness of sentencing within the national petroleum and natural gas legal regime. This study is normative juridical research employing a statutory and conceptual approach, with qualitative and prescriptive analyses. The findings show that Article 54 of Law Number 22 of 2001, whose criminal provision has been amended by Law Number 1 of 2026, remains the principal basis for sentencing in cases of fuel oil counterfeiting. The application of concurrent offenses must be constructed based on the conformity of criminal elements, legal subjects, and the facts of the case. The penalty adjustment creates a juridical problem because it changes the nature of the sanction from cumulative to alternative-cumulative and reduces the criminal fine to category V. This change may reduce the effectiveness of criminal fines, particularly against Business Entities or Permanent Establishments. This study recommends optimizing prosecutorial demands within the construction of concurrent offenses and enacting explicit sector-specific criminal provisions so that the maximum criminal fine remains proportionate to culpability, consequences, and the benefit obtained from the criminal offense.