Banking Law Part 2 Classification of Bank
Summary
TLDR本视频脚本深入探讨了印尼银行法的第二部分,重点介绍了印尼银行的分类及其法律层面。首先,明确了中央银行的核心地位,其主要职责是制定银行业务的法规和监管,确保所有银行活动依法进行。印尼银行作为中央银行,独立于政府和其他各方的干预,其目标是维护印尼货币的稳定。接着,讨论了商业银行,它们可以基于传统或伊斯兰原则运作,提供支付交易、信贷、储蓄、货币兑换等服务。商业银行可以是有限公司、合作社或地方政府企业。与商业银行相比,农村银行的规模和业务范围较小,主要服务于中低收入群体,不能进行吉罗(Giro)和货币兑换等活动,且必须完全由印尼公民或企业拥有。视频最后强调了了解印尼银行法及其相关法规的重要性,以便更深入地理解银行业务的法律框架。
Takeaways
- 🏦 **中央银行的角色**:印尼的中央银行(Bank Indonesia)扮演着核心角色,负责制定和执行银行业的法规,并监督所有银行活动以确保法律遵从性。
- 💹 **货币稳定**:中央银行的目标之一是维护印尼货币(卢比)的稳定性,特别是在当前疫情情况下对货币价值的控制。
- 📜 **商业银行的分类**:商业银行分为传统商业银行和伊斯兰银行,两者主要区别在于运作原则和法规,后者遵循《古兰经》和哈迪斯原则,避免利息。
- 💼 **商业银行的业务**:商业银行可进行多种银行交易,如信贷、储蓄、货币兑换等,并可提供支付交易服务。
- 🏢 **农村银行的特点**:农村银行规模较小,服务范围有限,主要针对中低收入客户群体,提供储蓄和信贷服务,但不涉及商业银行的所有业务。
- 📊 **银行的法律实体形式**:商业银行和农村银行可以通过有限责任公司、合作社或地方政府企业的形式成立。
- 💵 **最低资本要求**:商业银行的最低资本要求为3万亿印尼盾,而农村银行的最低资本要求则根据地点不同而有所变化。
- 🤝 **外资所有权**:商业银行可以由印尼公民与外国人共同成立,但农村银行必须100%由印尼人所有。
- 🚫 **银行业务限制**:农村银行不能进行商业银行的所有业务,如吉罗账户和货币兑换。
- 📚 **法律和法规重要性**:了解和遵守印尼银行法及其相关法规对于银行运营至关重要。
- ✅ **监管与指导**:中央银行不仅监管银行活动,还指导其他银行,确保它们遵守法律和规定。
Q & A
在印度尼西亚,银行有哪些主要的分类?
-在印度尼西亚,银行主要分为三类:中央银行、商业银行和农村银行。
中央银行在银行系统中扮演什么角色?
-中央银行在银行系统中扮演监管者和监督者的角色,负责制定银行业务的规则、程序、要求以及活动的详细规定,并确保所有银行遵守法律和中央银行发布的规定。
商业银行和农村银行在业务范围上有何不同?
-商业银行的业务范围更广,可以进行多种银行交易,如信贷、储蓄、货币兑换等。而农村银行主要专注于储蓄和信贷服务,不能进行商业银行所能进行的所有活动,如吉罗(giro)和货币兑换。
在印度尼西亚,商业银行可以以哪些类型的商业实体形式成立?
-在印度尼西亚,商业银行可以以有限责任公司(PT)、合作社(Cooperative)和地方政府企业的形式成立。
农村银行的最低资本要求是多少?
-农村银行的最低资本要求取决于地点,例如在雅加达与在巴厘岛、巴卡萨或其他地区是不同的。具体数额需要查阅最新的法规,因为这些要求可能会在几年内进行修订。
外国投资者在印度尼西亚商业银行中的股份占比有何限制?
-外国投资者在印度尼西亚商业银行中的股份占比需要查看最新的负面投资清单,以确定外国人在印尼银行中能够拥有的最大股份百分比。
农村银行是否允许外国投资者拥有股份?
-农村银行必须100%由印尼人拥有,无论是印尼个人还是商业实体。
印度尼西亚中央银行的名称是什么?
-印度尼西亚的中央银行名称是Bank Indonesia。
商业银行和农村银行在资本要求上有何不同?
-商业银行的最低资本要求是3万亿印尼盾,而农村银行的最低资本要求则根据地点不同而有所变化。
在印度尼西亚,银行业务的法律依据是什么?
-在印度尼西亚,银行业务的法律依据是1992年的第7号银行法,后来根据1998年第10号法律进行了修订。
为什么农村银行主要针对中等收入以下的客户群体?
-农村银行主要针对中等收入以下的客户群体,因为它们的目标是帮助市场中的小企业和个体商户进行资金筹集,以支持他们的商业活动。
在印度尼西亚,银行的监管机构是什么?
-在印度尼西亚,银行的监管机构是中央银行,即Bank Indonesia。
Outlines
📜 印尼银行法概述
本段介绍了印尼银行法的基础知识,包括银行的定义、分类以及中央银行的角色。重点讨论了印尼中央银行(Bank Indonesia)作为监管机构的职责,包括制定银行业务的规则、程序、要求,以及确保所有银行活动遵守法律和中央银行的规定。此外,还提到了中央银行作为独立国家机构的地位,以及其维护印尼货币稳定的目标。
🏦 商业银行与伊斯兰银行的区分
本段详细讨论了商业银行的概念和功能,包括商业银行在传统和伊斯兰原则下的活动。商业银行可以进行多种银行交易,如信贷、储蓄、货币兑换等。同时,介绍了商业银行的两种类型:传统银行和伊斯兰银行,它们的区别在于运作原则和法规。还提到了商业银行的业务实体类型,包括有限责任公司、合作社和地方政府企业。
🌾 农村银行的角色与特点
本段解释了农村银行(Bank Rakyat)的特点,包括其与商业银行在规模和业务范围上的区别。农村银行主要面向中小客户,提供储蓄和信贷服务,但不能进行商业银行的所有活动,如吉罗账户和货币兑换。此外,讨论了农村银行的业务实体类型,包括有限责任公司、合作社和地方政府企业,以及农村银行的最低资本要求和股权结构。
🏢 银行的法律实体类型与资本要求
本段进一步阐述了商业银行和农村银行在法律实体类型、最低资本要求和股权结构方面的差异。商业银行的最低资本为3万亿印尼盾,而农村银行的最低资本取决于地点。此外,商业银行可以由印尼公民与外国人共同成立,但需遵守外资投资清单的规定,而农村银行必须完全由印尼人拥有。
Mindmap
Keywords
💡中央银行
💡商业银行
💡乡村银行
💡货币政策
💡支付系统
💡银行监管
💡银行业务实体
💡最低资本要求
💡外资所有权
💡伊斯兰银行
💡银行业务分类
Highlights
介绍了印尼银行的分类,包括中央银行、商业银行和乡村银行。
中央银行在印尼银行活动中扮演核心角色,负责制定规则和监管。
印尼中央银行(Bank Indonesia)作为监管者和监督者,确保所有银行遵守法律和规定。
中央银行被视为独立国家机构,不受政府或其他方的干预,除非法律明确规定。
中央银行的目标是维护印尼货币的稳定,特别是在当前疫情情况下。
商业银行根据传统或伊斯兰原则进行活动,提供支付交易服务。
商业银行可以进行多种银行交易,如信贷、储蓄和货币兑换。
商业银行的业务包括动员资金、扩展信贷、发行票据、购买销售及承担风险等。
商业银行可以以有限责任公司、合作社或地方政府企业的形式成立。
乡村银行主要服务于中小规模客户,活动范围相对有限。
乡村银行的运营包括动员资金、储蓄和信贷,但不能进行商业银行的其他活动。
乡村银行的最低资本要求根据地点不同而变化,且必须为印尼所有。
商业银行和乡村银行的外资所有权比例有所不同,乡村银行必须完全由印尼人拥有。
商业银行可以由印尼公民与外国人共同成立,需遵守外资投资清单。
印尼银行法规定了商业银行和乡村银行的成立要求和业务实体类型。
商业银行和乡村银行的业务活动范围、最低资本和所有权结构存在明显差异。
讲座强调了了解印尼银行法规和相关监管对于学习银行法的重要性。
讲座还提到了银行业务中的信用方面,将在后续讨论中进一步探讨。
Transcripts
hello class
welcome back to the business local
course
and this is our
second part for the banking law topic
at the previous topic i mean at the
previous part
we have tried to understand
the concept of the banking
and now we are going to discuss about
the classification of bank in indonesia
and we are going to diversity
as well and try to
gain the legal aspect of the
because the the various
types of banking in indonesia
if if we if we read the indonesian
regulation
in banking there are three
classification
the first one is the central
bank
it's called central because this ban
played the core position
in running the banking activities
in indonesia in indonesia the central
bank
indonesia plays
the role as the central bank at least
in doing or making the regulation
and to the supervision
so about indonesia make regulation about
the activities of the bank in the
procedure the process
the requirement and also all the detail
of the activities of the bank in
indonesia
for example all the banks must follow
the rate that given by indonesia whether
it is the rate of
receiving the credit or the deposit
so that's the role of the central bank
as the regulator
and also as the supervisor the central
bank must make sure
that all the bank in indonesia is
conducting the
banking activities in accordance to the
law
including the regulations that issued by
the bank
indonesia as a central bank
in central bank
we can divide it as an independent state
institution
which is free from any interferences
of the government and or other parties
except for matters explicitly
prescribed in the law if it is governed
by the law
and the objective of the existence
of one indonesia is to achieve and
maintain the stability of the european
values europeas indonesian currency
especially
nowadays in the pandemic situation here
but indonesia should have tried their
best
to to control the the position of
indonesian currency
if you monitor it by television or the
media
you can so you can see that
the rupiah was falling down at the
first time uh president yokoido was
announced there is
the suspect of corona in indonesia i
mean they're the one who's been
confirmed
this is in in that virus
but now it's been stronger now
so that's the job of bank indonesia so
the tax of one indonesia
are included to achieve the objective
of the purposes of the existence of
indonesia
as mandated by the law uh
in detail for example to prescribe and
to implement the monetary policy
to regulate and to safeguard the
smoothness
of the payment system for sure and also
to regulate and supervise banks this
this ones
that i've explained to you previously
that indonesia is monitoring the
activities
of the bank in indonesia so
but indonesia is a central bank so bank
indonesia would supervise would guide
the other banks
now we are going to tell about the
classification of the other banks except
by indonesia
so under bank indonesia you recognize
two classification of bank the first one
is the commercial bank
commercial bank is a bank which does its
activities on conventional
and or sharia principles in doing
so provides services in payment
transaction
so commercial bank could be also divided
into
two types the conventional
and the sharia
so the commercial banks here
have two types uh conventional sharia
the difference is the principle and the
regulation that used
in conducting the activities of the bank
in sharia
they use al-quran hadis and also the
other
resources to implement the activities in
the banking
to avoid the interest for example while
the conventional one they don't use the
sharia principle they just use the
indonesian system
of law in banking so i'm not going to
discuss about the sharia
because to talk about the shariawan we
need to take a certain location and a
certain form to discuss about it
and i think you need to learn about the
basic of the conventional one
before you talk about shariawan
so in this course because it's not for
law school students i'll just try to
give you the conventional one
later yeah but in general
commercial bank
uh could do most of the bank transaction
like they posted credit uh
savings and also to do the currency
exchange
if you want to change your dollars or
your ringgit you can go to
the commercial banks for example
commercial banks is
[Music]
so on and so on so some of uh the bank
has
the conventional one and also they share
one for
so both of them are bang mandiri
but different principles uh
sharia money they use the principle of
sharia or the convention one they don't
follow themselves
principle they just use the indonesian
banking or regulation
in detail the operation of the
commercial bank including mobilizing
funds for
from the public as i explained in the
previous part
extending credits issuing notes
purchasing selling
and guaranteeing against on risk
transferring money if you have a
transfer money you can use the
commercial bank services
placing funds and accepting payments in
respect or claim for securities
providing safety deposit boxes for
failureable goods
and papers and the other
operational activities of commercial
bank is in undertaking placement of
funds
as well as conducting business in
factoring credit cards and
trust to ship factoring credit cards you
will discuss it further we will discuss
it further i mean
it's been discussed in at the previous
uh meeting in in finance law
and also the operation of commercial
banks including profiling
financing or conducting other activities
yeah whether it is in conventional
system or sharia system
that's why bank is also one of
the financing company that's why
financing institution is
divided into banking financing
institution and on banking financing
institution
so at the previous part we've learned
banking law is talking about the
institution
according to article 21
first one banking law of indonesia you
may check the banking law of indonesia
yeah and also the the related
regulation of the banking in indonesia
because all the the one that you need
to to have is not only
my explanation in this video but also of
course the regulation
yeah that's on
article
21 in indonesian
law for your information the indonesian
banking law
was at low seven low number seven
1992 and it was revised
by law number 10 1998 based on the
regulation definition
i mean based on the the governing of the
banking law in that regulation a
commercial bank could only be
established in three
types of in business entity
the first one is limited
liability company
second one is cooperative
and the third one is regional government
enterprise this is maybe this is quite
new for you
limited liability company is in
indonesia we call it pete
so if you want to make a bank so the
business
form that you can use the entity of the
business that you can use one of them is
or the cooperative yeah the cooperative
cooperacy
so you can also make bank in in the form
of coprasi for example
bukopin
indonesia and also
you can make it in in form
of regional
government enterprise i think
you you would be
familiar with the
regional bank like
that's the example of the the
the the types of business entity that
you you can use
in establishing a bank so by this
regulation it is confirmed that not
all the classification of business
entity that you've learned
at the previous meetings can be used to
open a bank
you cannot make a bank in the form of
firma and you cannot make the bank
uniform of safe
and also for sure you cannot make good
banking in
in the form of foundation because
foundation is non-profit
while banking is a private institution
so the second one
second one that's supervised by the
central bank he said the commercial bank
is the rural bank
rural bank in indonesia we call it
bank
principally the difference is in the
scale and the scope of surfaces
rural bang is also can be implemented
in
in conventional or in sharia
let's depend on the classification of
the rural bank
if you try to to see the pills
philosophical
idea of the existence of the rural bank
it's mostly because
the rural bank is targeting the middle
law
uh target of customer that's why
they used to be established among
is located among the market because they
are
trying to help this the trader the
sellers in the market
who needs some fundraise so they could
give some fun
for them and
the the main difference is in the
activities
rural bank cannot do as many as
activities as what the commercial bank
can do
so the operation of the rural bank is
consists of mobilizing funds from the
public
just like the banking the commercial one
and
you can do the savings in rural bank and
also the credit
and also providing finance
but uh the rural bank
cannot do the other kind of activities
besides that
so the rural bank cannot do the the giro
you know and also the
the currency exchange so the rural bank
only focus
on the savings and credits
while the commercial bank has a wider
scope of surfaces
and the
form of the entity that can be used to
open the
rural bank is quite the same
with the commercial one that you can
only establish the rural bank
in form of the petty coprasi or
the regional enterprise
and also in the law it is uh available
to be established in the other form of
legal entities stipulated in
a government regulation so one day if
the if
i mean if government regulation give an
opportunity for the other types of
business npd to be used
to open a rural bank so it can be but
until
but uh the three main business entities
that mentioned by the regulation espete
copraci and the regional
enterprise
the other difference is about
the capital
so the minimum capital for the
commercial bank
is 3 billion
3 billion i mean
3 billion rupiah yeah sorry it's 3
trillion 3 trillion
while in in the rural bank
it's depend on the location
so if you want to open it in jakarta
it's different with
bali with bakassi with tangrang
with in some marinda for example
and to kind of admit you need to read
the latest regulation
because the minimum requirement to
establish a rural bank
and it's used to be revised in several
years
and the other difference is regarding
the establishment
that the commercial bank can be made
jointly between the indonesian citizens
with the foreigner
also you have to check the negative
investment list
and then the latest one how many
percents maximum the
the foreigner could own the shares in
indonesian bank
well in the rural bank it must be 100
indonesian whether it is indonesian uh
individuals or
a business entity okay
so that's the classification of bank in
indonesia there are three
central bank commercial entrepreneurial
one the central bank
is more focused on the regulations
and superficial so they don't they don't
do the
activities of uh the general bank they
don't do credit there you cannot do the
you cannot asking for
fundraise in in central bank no you
cannot
and they supervise two classification of
bang which is the commercial and the
rural one
in indonesia commercial bank you call it
while in the air
uh it's i mean in rural bank
we used to call it bank grit and rakia
both of them can be in form of
conventional
or the sharia principle of the
conduction of the business
and the types of business ntd that you
can use to establish them
original the former enterprise
and the difference between the
commercial and the rural is in their
activities that the commercial bank can
do more activities than the rural bank
and also the minimum capital as well
as the ownership of shares in the
company
so that's for now hopefully after this
you would cook the
the further discussion which is focus on
the
credit aspect of banking and
i hope you you you could you could
understand the material i given in this
video
thank you see you until the next part of
this topic bye-bye god bless you
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