Claim Missing Document
Check
Articles

Found 9 Documents
Search

Authority of Deposit Insurance Corporation in Bank Guarantee and Resolutions Post Law Number 4 of 2023 Concerning Development and Strengthening of Financial Sector Elyana Novira
Eduvest - Journal of Universal Studies Vol. 3 No. 6 (2023): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v3i6.830

Abstract

In the banking world, the institution of LPS is strengthened because LPS is one of the supporters of economic stability, strengthening the authority of LPS in carrying out the functions of deposit guarantor and bank resolution, and a new mandate is also given to LPS as the organizer of the insurance policy guarantee program, then followed by an increase in supervisory and regulatory functions by the insurance supervision authority. The purpose of the study was to determine the nature of the existence of the Deposit Insurance Corporation, and to find out the Resolution of Failed Banks by LPS After the Issuance of the Law on the Development and Strengthening of the Financial Sector. The method used is the method of writing law. The government wants the P2SK Law to be the first step in financial sector reform. LPS is domiciled as part of the financial safety net that can minimize the adverse impact of the banking crisis. Another function and role played by LPS in shaping the stability of the banking system is to implement bank resolutions, both regarding failed banks that must be liquidated and those that must be saved.
Perubahan Sosial dan Hukum Perbankan di Indonesia Novira, Elyana; Pratimaratri, Uning
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1802

Abstract

Change requires law if it is to be carried out in an orderly and orderly manner. Society's life goes through change and is a natural phenomenon in social phenomena. In the banking world, social change occurs in an evolutionary way. Change has occurred from the time after independence to the present. Various economic policies set by the government, such as economic policies in the 1980s, economic liberalization and economic crises in other countries also have an impact on the Indonesian banking world. Especially when the country is experiencing a monetary crisis, banking changes occur significantly, which are regulated in various laws and regulations. Economic globalization and information technology developments bring about social changes in society, including in the banking world, such as changes in society when making banking transactions.
The Characteristics of Song Copyright in Bank Debt Guarantees Elyana Novira; Prima Resi Putri; Briggs Samuel Mawunyo Nutakor
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3701

Abstract

By focusing on the Indonesian context and based on Law Number 28 of 2014 concerning Copyright, this study analyzes the characteristics of copyright to songs as assets that can be pledged as collateral, as well as the impacts and implications of copyright utilization in the financial sector and creative industries. The results of the research show that copyright has the potential to be used as collateral in debt transactions at banks. Factors such as the economic value of the work, exclusive control, legal protection, and regular income allow copyright to be used as collateral. Copyright law regulates the process of guaranteeing, utilizing, and executing copyright as security. The use of copyright as collateral has a positive impact on the financial sector and the creative industry. Diversification of bank portfolios, easier access to finance for creative industry players, as well as increased innovation and creativity are the identified impacts. However, there are also challenges, such as complex copyright value assessments and potential conflicts of interest between rights owners and financial institutions.
The Legal Strength of the Separation of Joint Assets for the Establishment of a Foundation Novira, Elyana
International Journal of Social Service and Research Vol. 5 No. 7 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i7.1276

Abstract

This study examines the legal strength of separating joint marital assets (harta bersama) for the establishment of a yayasan (foundation) under Indonesian law. The primary focus is on the legality and validity of asset separation in situations where one spouse allocates a portion of the jointly acquired property (harta bersama) to form a yayasan without obtaining prior consent from the other spouse. Employing a normative juridical approach, supported by statutory, case, and doctrinal analysis, this research analyzes the relevant legal framework, including Undang-Undang Perkawinan No. 1 Tahun 1974 (Marriage Law), Undang-Undang Yayasan No. 16 Tahun 2001 (as amended), and pertinent judicial decisions. The findings indicate that unilateral separation of joint assets (harta bersama) can be subject to legal challenge, particularly when such actions infringe upon the principle of equal rights (kesetaraan hak) of both spouses over shared property. The establishment of a yayasan using harta bersama requires mutual agreement (persetujuan bersama) to prevent potential legal disputes and to ensure the legitimacy of the foundation’s legal standing. This study underscores the necessity for legal certainty and spousal consent (persetujuan suami-istri) in the management of assets for philanthropic purposes, in accordance with the prevailing legal doctrines and statutory provisions.
Embodiment of Economic Democracy Aspects in National Banking Law Novira, Elyana; Media, Yofiza
Eduvest - Journal of Universal Studies Vol. 4 No. 10 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i10.38819

Abstract

This research discusses the embodiment of aspects of economic democracy in Indonesian national banking law. Economic democracy is defined as a system in which the distribution of wealth and economic opportunity is done fairly and equitably. This research evaluates the extent to which the principles of economic democracy, such as fair access to banking services, financial inclusion, and consumer protection, are implemented in national banking regulations and policies. The method used in this research is qualitative analysis with a normative juridical approach, which involves the study of legal documents and related regulations. The results show that although there are some efforts to integrate the principles of economic democracy in national banking law, there are still gaps in its practical implementation. Recommendations are given to strengthen regulations and policies to be more aligned with the objectives of economic democracy, so that economic benefits can be felt by all levels of society.
AUTHORITY OF NOTARY IN LEGALIZING THE UNDER-HAND AGREEMENT DEED: EXAMINING RESPONSIBILITY AND LEGAL CONSEQUENCES Putri, Prima Resi; Novira , Elyana; Annisa, Febrina; Astuti Palupi, Dwi
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.337

Abstract

This research examines the legal authority of notaries in legalizing underhand deed agreements based on their responsibilities and legal consequences. The method used in this research is normative legal research method, which is based on statutory approach and conceptual approach. The results obtained show that the responsibility of a notary in legalizing a deed agreement under the hand must be able to guarantee that he is able to carry out, implement, and realize the existence of laws governing the activities of legalizing letters under the hand including to see or check the validity of agreements made by related parties by being careful and disciplined in carrying out procedures for legalizing letters under the hand in accordance with the Notary Position Law. The legal consequences arising in the ratification of the agreement of the deed under the hand, namely if the letter has been legalized by the Notary, the letter under the hand has formal evidentiary power but does not have outward and material evidentiary power. In carrying out its duties, if a Notary is proven to have violated the law, it can be subject to civil sanctions in the form of reimbursement of costs, compensation and interest by passing the evidentiary process. However, a Notary cannot be convicted if they have not committed a violation of a criminal article and have acted in the interest of implementing the provisions of the Notary Law
Perubahan Sosial dan Hukum Perbankan di Indonesia Novira, Elyana; Pratimaratri, Uning
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1802

Abstract

Change requires law if it is to be carried out in an orderly and orderly manner. Society's life goes through change and is a natural phenomenon in social phenomena. In the banking world, social change occurs in an evolutionary way. Change has occurred from the time after independence to the present. Various economic policies set by the government, such as economic policies in the 1980s, economic liberalization and economic crises in other countries also have an impact on the Indonesian banking world. Especially when the country is experiencing a monetary crisis, banking changes occur significantly, which are regulated in various laws and regulations. Economic globalization and information technology developments bring about social changes in society, including in the banking world, such as changes in society when making banking transactions.
Implementation Of A negative Stelsel With A Positive Tender In Land Registration In Indonesia Febrianty, Yeny Febrianty; Novira, Elyana Novira; Ariyanto, Ariyanto Ariyanto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3234

Abstract

Berdasarkan Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Pokok Agraria (UPA), Pasal 19 menyebutkan bahwa dalam rangka mewujudkan kebenaran kejahatan atas tanah, yang berwenang melakukan pendaftaran tanah. Tujuan dari tulisan ini adalah untuk menyelidiki kegunaan dari perangkat yang mengerikan dengan kecenderungan yang fantastis dalam pendaftaran tanah di Indonesia. Oleh karena itu, metode penulisannya menggunakan teknik yang konsisten dengan peraturan perundang-undangan yang bersifat yuridis normatif. Hal ini dijelaskan melalui Peraturan Pemerintah No. 10 Tahun 1961 bahwa alat pendaftaran tanah yang dianut adalah sistem yang buruk. Gadget ini disempurnakan atau diunggulkan dengan sumber daya yang berguna Peraturan Pemerintah. No. 24 Tahun 1997 adalah asas negatif yang memasukkan unsur menyenangkan, selanjutnya surat keterangan hak berlaku sebagai alat pembuktian yang kokoh.
Strengthening the Deposit Insurance Corporation (LPS) with Authority as the Executor of the Restructuring Program (PRP) Novira, Elyana
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.40956

Abstract

Public trust in banking is an important foundation for maintaining financial system stability. The formation of the Deposit Insurance Corporation (LPS) in Indonesia aims to protect customer funds and ensure the banking system's stability. This research aims to evaluate the effectiveness of LPS authority in implementing the Banking Restructuring Program (PRP) as mandated by Law No. 9 of 2016. The method used is descriptive analysis with a qualitative approach based on literature review and secondary data, including related regulations, the role of LPS in Indonesia, and comparisons with similar institutions in other countries. The research results show that LPS's authority, such as taking over problematic bank assets, providing liquidity, and implementing restructuring, has increased financial stability. However, challenges in the form of moral hazard are still the main issue. In addition, the success of LPS is highly dependent on the support of a strong legal framework and cooperation between financial institutions. In conclusion, strengthening LPS in implementing PRP can be an effective financial stabilization model, but it requires strict supervision to minimize negative impacts. The implications of this research highlight the importance of integrated policies between the government and the banking sector in facing potential crises in the future