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All Journal International Journal of Science and Society (IJSOC)
Lilik Mulyadi
Universitas Jayabaya, Jakarta, Indonesia
Materials Science & Nanotechnology Social Sciences

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Law Enforcement of the Financial Services Authority against Customer Rights on Fraudulent Promissory Notes Issued by Non-Bank Financial Institutions Ira Kharisma; Lilik Mulyadi; Joko Sriwidodo
International Journal of Science and Society Vol 5 No 1 (2023): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i1.633

Abstract

The development of the economy in Indonesia requires large funds so that it is necessary to provide facilities for the provision of funds needed by the community, so that the creation of financial institutions, one of which is a non-bank financial institution. Non-Bank Financial Institutions are business entities in the financial sector that are allowed to collect and distribute funds to the public but not in the form of savings, demand deposits or time deposits. Promissory Notes are commercial securities that are regulated by law, in this case a non-bank financial institution that issues promissory notes as a means of transaction must obtain permission from financial institutions, namely the Financial Services Authority and Bank Indonesia. Based on the background of the problems above that have been explained, the issue that will be raised is how is Law Enforcement from the Financial Services Authority against fraudulent promissory note customers from Non-Bank Financial Institutions that do not have a license. The method used is normative juridical which is carried out to obtain the necessary legal materials related to the object of research. The results of this study are based on the Financial Services Authority Regulation Number 35/POJK.05/2018 concerning Conducting a Financing Company Business spurring the growth of the performance of the financing industry which is considered not optimal.
The Criminal Liability of Bank-Affiliated Notaries for the Confidentiality Principle of Banks in Connection with Deposit Collateral Agreements Weminto Suryadi; Fauzie Yusuf Hasibuan; Lilik Mulyadi; Yuhelson; Januar Agung Saputera
International Journal of Science and Society Vol 5 No 2 (2023): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i2.658

Abstract

This research focuses on the criminal liability of notaries affiliated with banking institutions for the guarantee binding act in the form of a deposit connected to the principle of bank secrecy in Indonesia. Through the analysis of relevant laws, including Bank Indonesia Regulation No. 2 of 2000, Notary Position Law, and Bank Confidentiality Law, the study aims to answer two research questions: the form of criminal liability of notaries affiliated with banking institutions for the guarantee binding act and the ideal concept of criminal liability. The findings suggest that notaries who breach the principle of bank secrecy can face criminal charges, and the ideal concept of criminal liability should balance the interests of customers and banking institutions while maintaining bank secrecy and customer privacy. The study's implications call for clear guidelines and regulations for notaries' responsibilities in guaranteeing binding acts related to deposits and penalties for notaries who violate the principle of bank secrecy.
Co-Authors Fauzie Yusuf Hasibuan Ira Kharisma Januar Agung Saputera Joko Sriwidodo Weminto Suryadi Yuhelson Yuhelson