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Contact Name
Arie Afriansyah
Contact Email
contact@jcli-bi.org
Phone
+6281288227672
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contact@jcli-bi.org
Editorial Address
Bank Indonesia Institute Bank Indonesia D Building, 10th floor, JL. M. H. Thamrin No.2, Jakarta 10350 Indonesia
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Kota adm. jakarta pusat,
Dki jakarta
INDONESIA
Journal of Central Banking Law and Institutions
ISSN : 28277775     EISSN : 28099885     DOI : https://doi.org/10.21098/jcli.v2i1
Journal of Central Banking Law and Institutions (JCLI) is an international peer-reviewed journal. ​​JCLI publishes triannually. JCLI focuses on a range of topics examining the intersection of central banking law and institutions on the monetary, financial system, and payment systems that include regulations, governance (including transparency & accountability), credibility, institutional politics, institutional arrangements, and institutional communication. The JCLI’s scope is global, and the journal endeavours to publish high-quality research that contributes to the literature and/or impacts macro-economic policy aimed at enhancing social & economic welfare. Research papers are welcome from central and non-central bank practitioners, academics, and policymakers, regardless of their institutional affiliation and geographic location.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 84 Documents
THE COVID-19 CONTAINMENT IN INDONESIA AND SOFT LAW: A RISK-TO-OBJECTIVE ANALYSIS Ibnu, Adi
Journal of Central Banking Law and Institutions Vol. 3 No. 1 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i1.175

Abstract

This article illustrates how Basel III, a soft law legal framework guiding how regulators supervise financial institutions in order to prevent and mitigate systemic financial crises, especially the requirement regarding the governance of sovereign debt, is being implemented in Indonesia. The analysis was done by scrutinising the relevant authority’s responses and monetary policy during COVID-19. Also, it examines whether the applicable regulations and other related policies align with the grand objectives of the financial sector. This article provides several important takeaways. First, benefiting from the soft traits of Basel III, the oversight authorities (OJK and BI) have tried to enshrine the government’s resilient and prudent financial state through flexibility. Second, instead of taking expansionary legal measures to stimulate the state’s income and limit the state’s expenses, BI and the government have worked together to contain the damage of the pandemic through a quasi-fiscal program (burden-sharing program, BSP). Third, the legislation of Law No. 3/2023 did not make the BI’s objective less risky. It also suggests that more could have been done to prevent the fiscal deficit, especially by the government, through fiscal consolidation (limiting or decreasing the state’s expenses).
EVALUATING MSME FINANCING PRACTICES DURING COVID-19: EVIDENCE FROM ISLAMIC BANK ANNUAL REPORTS Umar, Umar Habibu; Darma , Auwalu Isah
Journal of Central Banking Law and Institutions Vol. 3 No. 2 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i2.176

Abstract

This study assesses the MSME financing practices of Islamic banks in Bangladesh during the COVID-19 pandemic. The study examines the annual reports of Bangladeshi Islamic banks between 2020 and 2021. This study found Islamic bank financing for cottage, small and medium enterprises (CMSME) through agent banking was effective during the pandemic. Banks also launched various programs, products, and schemes easily accessible to CMSMEs in the country, including special programs supporting women entrepreneurship and CMSMEs in rural areas. Overall, the performance of MSME financing of Islamic banks in the country was impressive and effective measured by the amounts disbursed to CMSMEs, the number of beneficiaries, new branches opened, and employment of bank staff to handle the enterprises’ financial requests over the period. The findings can help the government and regulatory agencies, particularly Bangladesh Bank, during the revision of regulations to enhance CMSME financing by scheduled banks in the country.
THE RESPONSE OF BRICS TRADE INTEGRATION TO GEOPOLITICAL RISKS Sohag, Kazi; Islam, Md Monirul; Mariev , Oleg
Journal of Central Banking Law and Institutions Vol. 3 No. 1 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i1.180

Abstract

Mounting geopolitical risks have led over time to a reorientation of trade integrations across different economic blocs. As one of the increasingly dominant global blocks, the organisation comprised of Brazil, Russia, India, China, and South Africa (BRICS) has intensified their trade integration. Therefore, we conducted a thorough analysis of how BRICS countries’ multilateral trade integration responded to geopolitical risk events from January 1996 to December 2021. To achieve this, we utilized a sophisticated econometric method, specifically the cross-quantilogram approach, to analyse high frequency data due to their non-normal and fat-tailed features. Our study confirms the proposition that geopolitical risks strengthened trade integration within the BRICS bloc. Specifically, our findings show that the volume of exports from one economy to another responded positively at lower to medium quantiles of exports and lower geopolitical risks, considering a 12–36-month horizon. Moreover, we found that the quantity of exports from Russia to China was higher in the presence of higher geopolitical risks. Our study demonstrates that geopolitical risks can create a sense of shared identity and mutual interest among the BRICS countries, fostering greater cooperation and trade integration.
HOW DOES CSR STRATEGY IMPACT CORPORATE CASH POLICY IN EMERGING MARKETS? EVIDENCE FROM THE COVID-19 OUTBREAK Polat, Ali Yavuz; Tekin, Hasan
Journal of Central Banking Law and Institutions Vol. 3 No. 2 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i2.181

Abstract

This study investigates the impact of corporate social responsibility (CSR) strategy on corporate cash policy in emerging markets, with a specific focus on the COVID-19 pandemic period. By analysing data from 7,731 firm-years across 30 developing countries during the period 2002-2021, the study finds that CSR has a negative effect on cash holdings. In other words, firms with lower CSR investment tend to hold more cash. However, an interesting finding is that the negative impact of CSR on cash holdings lost its significance during the COVID-19pandemic. This suggests that during this unprecedented period of economic uncertainty and disruption caused by the pandemic, firms with higher CSR were more inclined to hoard cash as a precautionary measure. In contrast, in normal times, the dominant motive for holding cash appears to be related to agency concerns. Furthermore, the study identifies countryspecific variations in the relationship between CSR and cash holdings. For instance, firms in Brazil and Saudi Arabia tend to use cash retention as a response to higher CSR, while firms in Argentina, Malaysia, Mexico, Poland, Taiwan, and Turkiye exhibit the opposite behaviour, using higher CSR as a signal for reduced cash holdings. Additionally, the study sheds light on industry-specific differences in the relationship between CSR and cash holdings. Beverage, construction and material, industrial material, oil, gas, and coal, technology hardware and equipment, telecommunications service provider, and travel and leisure firms are more likely to use cash holdings as a substitute for CSR, while alternative energy and media firms show the opposite pattern, using higher CSR as a signal for reduced cash holdings.
INCREASING FISCAL AND ECONOMIC RESILIENCE POST PANDEMIC: EVIDENCE FROM SOUTH ASIAN COUNTRIES Ahmad, Jamil; Alam, Dastgir
Journal of Central Banking Law and Institutions Vol. 3 No. 2 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i2.184

Abstract

The South Asia region faced extremely difficult economic challenges from the Coronavirus (COVID-19) pandemic. Almost two billion people living in South Asia were affected by the pandemic. The unprecedented shock in South Asia disturbed the pace and pattern of development and increased the vulnerabilities of the region. The region faced the problems of inequality, high inflation, rising fiscal deficit, disrupted growth, and environmental challenges further increasing the region’s vulnerabilities. Traditional macroeconomic policies are not enough to cope with this problem. In the face of these shocks, South Asian countries need to build robust fiscal and monetary policies and efficient use of remaining resources to build a more resilient economy for the protection of the population. Economic resilience might be effective to overcome such external shocks and support the recovery of all countries especially South Asian countries. Post-pandemic action in South Asian countries thus has become moreimportant, especially with restrained scope of fiscal and monetary stimulus. This examines the impact of COVID-19 on South Asian countries. The paper addresses the economic challenges faced by South Asian Countries in the pre- and post-pandemic period. It also briefly discusses the fiscal stimulus packages released by the South Asian countries to build stronger economies.
LEGAL PROTECTION OF BANK INDONESIA’S FINANCIAL INDEPENDENCE Deviana, Ayu
Journal of Central Banking Law and Institutions Vol. 3 No. 2 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i2.186

Abstract

Bank Indonesia as the central bank in Indonesia has financial independence in which Bank Indonesia has the authority to manage its assets separately from the State Budget. However, in carrying out its roles and duties, Bank Indonesia often faces demands or lawsuits, which result in execution of judgments against assets of Bank Indonesia. This can clearly disrupt the financial stability of Bank Indonesia, affecting Bank Indonesia’s ability to carry out its roles and duties effectively. Currently, there has been an argument put forth to assert Article 50 of the treasure law in an effort to protect for Bank Indonesia’s finances. However, the application of this article as a legal basis for protection of Bank Indonesia’s finances is inappropriate because it is not in accordance with Bank Indonesia’s financial independence, separating from the State Budget. Departing from these problems, based on data collected through document studies in the form of primary, secondary, and tertiary legal materials, this study examines how the policies of financial independence of Bank Indonesia, legal protection of Bank Indonesia’s finance, and ideal arrangements for legal protection of Bank Indonesia’s finances considering the attention to the independence of Bank Indonesia. The conclusion of this research is that there is still disharmony in regulations regarding Bank Indonesia’s financial protection in the State Finances Law and the State Treasury Law which creates legal uncertainty regarding Bank Indonesia’s financial protection.
OPTIMAL CENTRAL BANK DIGITAL CURRENCY DESIGN FOR EMERGING ECONOMIES Syarifuddin, Ferry
Journal of Central Banking Law and Institutions Vol. 3 No. 2 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i2.194

Abstract

The growth of digitalisation presents the possibility for Central Bank Digital Currency (CBDC) to emerge as a secure and efficient payment method. However, despite the benefits, CBDC implementation needs to be adapted to the capabilities and needs of each country. This study uses meta-strength, weakness, opportunity, and threat (meta-SWOT) analysis to assess the internal strengths and weaknesses, as well as the external opportunities and threats, to determine the most optimal CBDC design for emerging economies. In analysing internal aspects, CBDC allows for an efficient payment system, followed by a more effective monetary policy. Furthermore, the technology creates the possibility to boost financial inclusion and trace many illicit activities. However, to achieve that, high investment costs and privacy issues must be accommodated, followed by technological risks such as the digital divide and electrical outages. Turning to external aspects, growing technology, the network effect, enthusiasm for CBDC, and the impracticality of cash usage have become catalysts for CBDC development. Despite these opportunities, central banks should be wary of the threat of cyberattacks, quickening bank disintermediation, legal issues within their respective countries, and competition with private crypto companies. Altogether, the most optimal CBDC design in emerging economies is retail and wholesale coverage, interest-bearing (wholesale) and noninterest-bearing (retail) remuneration, account-based and token-based paymentsystems, a traceable degree of anonymity, hybrid architecture, a Decentralised Ledger Technology (DLT) ledger system, and domestic and cross-border scope. These results are supported by rigorous examination of global CBDC research and development.
THE FACTORS AFFECTING THE ADOPTION OF A WELL-INTEGRATED INTERNET BANKING SYSTEM IN MAURITIUS Sunecher, Yuvraj; Ramphul, Needesh; Chittoo, Hemant; Poolay, Kamlesh Singh
Journal of Central Banking Law and Institutions Vol. 3 No. 3 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i3.205

Abstract

As the result of technological advancements, online banking is becoming a major feature for banks because it helps customers to save time and benefits banks financially. Although Mauritius’s banking sector is well developed, its e-banking sector has lagged behind other countries. Hence, the purpose of this study is to identify the factors affecting the adoption of internet banking. From the findings of the study, it can be seen that many Mauritians nowadays use internet banking, but it is principally the new generation whereas the older banking customers prefer the traditional way as they do not trust the internet to manage their money. Also, though many use e-banking now they still think human contact is important for banking relation and continue to visit their banks, thus proving that even if online banking is in well integrated in Mauritius now, it still has a long way to go for Mauritians to integrate it into their everyday lives and use it to its full potential.
THE IMPACT OF FINANCIAL DEVELOPMENT ON CARBON EMISSIONS: AN ASEAN PERSPECTIVE NA, Muhammad Firdaus Al Farohi; Muhammad Zaky Nur Fajar; Muhammad Jamie Rofie Quality
Journal of Central Banking Law and Institutions Vol. 3 No. 3 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i3.249

Abstract

The global discourse surrounding the climate crisis has intensified in recent years, leading to various international agendas of global and regional bodies. Notably, ASEAN, characterised by its rapid development, has emerged as a significant contributor to CO2 emissions. Therefore, this study seeks to explore the relationship between financial development and CO2 emissions using the data of nine ASEAN countries from 2000 to 2020. Recognizing the multidimensional nature of financial development, the analysis divides financial development to two distinct indices, FM and FI. This study uses panel data ARDL with the PMG estimation used after testing all the outcomes. The analysis found non-significant effects of financial development on carbon emissions using various estimation techniques. However, separating into FI and FM yields insightful results. While the effect in the short run is unclear, FI increases the carbon emission in the long run by 1.17 percent of each one percent increase, proving that financial institutions in the current state promote an unsustainable effect on the environment. This effect occurs because they drive demand towards energy consumption while also expanding more environmentally harmful sectors. The error correction term signifies that the adverse effect of financial institutions takes approximately six years. These findings underscore the importance of integrating sustainability into development of the financial sector and advancing its maturity by enhancing access to financial institutions and markets to reduce the adverse effect of the climate crisis.
BANK INDONESIA’S ROLE IN MITIGATING ISSUES OF MONETARY ECONOMIC SOVEREIGNTY AND HUMAN RIGHTS Salsabila, Dara
Journal of Central Banking Law and Institutions Vol. 3 No. 3 (2024)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v3i3.251

Abstract

Bank Indonesia has strategic authority to maintain the stability of monetary conditions in Indonesia through monetary policy. One concern is the risk is the emergence of shadow banking where fintech companies channel funds from the public. In the long term, this situation can impact the operational conditions of the banking system. One of Bank Indonesia’s mandates is to supervise the provision of services by fintech companies (peer-to-peer lending) to align with the national financial and payment vision and mission, including establishing interlinks between fintech and banking to avoid risks posed by shadow banking. Interlinking works if each party is willing to share customer data. If Bank Indonesia requires fintech companies to share customer or user data, it must be based on clear and specific legislation. This is crucial because user data falls under personal data, and the state must guarantee the protection of its citizens’ personal data. This article discusses the importance of legislation regarding the legitimacy of Bank Indonesia’s authority to regulate interlinks between fintech companies and Bank Indonesia, as well as banking institutions, to avoid shadow banking. The article employs a normative legal approach using literature and legal sources.