Hukum Perbankan 2- Jenis Bank dan Pengawasan Bank - Devi Yustisia SH., M.Kn. FH UNUD

Summary

In this lecture, Dr. Putu Devi Yustisia Utami, a faculty member of Udayana University's Faculty of Law, delves into the topic of banking law. She explains the different types of banks, including commercial banks and rural credit banks (BPR), and outlines their roles and functions. The lecture also covers bank ownership, their legal status, and the methods of determining bank pricing, both conventional and Sharia-compliant. Further, she discusses the process of bank establishment and the essential role of bank supervision, clarifying that the responsibility for overseeing banks now lies with the OJK, following changes in 2013.

Takeaways

• 😀 Banks can be categorized based on function, ownership, status, and pricing method.
• 😀 There are two main types of banks based on function: commercial banks (Bank Umum) and people's credit banks (Bank Perkreditan Rakyat - BPR).
• 😀 Commercial banks provide payment transfer services (e.g., transfer, clearing, cheques), while BPRs do not offer such services.
• 😀 Banks can be owned by the government, private individuals or entities, cooperatives, foreign entities, or a mix of these.
• 😀 Banks are classified as 'Devisa' (foreign exchange banks) and 'Non-Devisa' (banks without foreign exchange capability).
• 😀 Banks operate either based on conventional principles (charging interest) or Islamic (Sharia) principles, which do not include interest but use profit-sharing methods.
• 😀 Sharia banks operate on principles like profit-sharing (Mudharabah), equity participation (Musyarakah), and trade (Murabaha), while conventional banks use interest rates.
• 😀 Bank establishment requires approval and business licensing. It is regulated under Indonesian banking laws and requires a significant capital investment (e.g., 10 trillion IDR for commercial banks).
• 😀 The regulatory oversight of the banking sector was transferred from Bank Indonesia to the Financial Services Authority (OJK) as of December 31, 2013.
• 😀 Bank Indonesia focuses on monetary policy and payment systems, while OJK is responsible for direct regulation and supervision of financial services, including banking.

Q & A

What are the two main types of banks discussed in the script?

The two main types of banks discussed in the script are 'Bank Umum' (General Banks) and 'Bank Perkreditan Rakyat' (BPR, People's Credit Banks).

What differentiates a Bank Umum from a Bank BPR?

The key difference is that Bank Umum offers services in payment traffic, such as transfers, checks, and clearing. In contrast, Bank BPR does not provide payment services; its operations focus on other financial activities.

What are the different types of bank ownership mentioned in the script?

The script mentions five types of bank ownership: government-owned banks, privately-owned national banks, cooperative-owned banks, foreign-owned banks, and mixed-ownership banks.

How does a Bank's 'status' impact its operations?

A bank's status can be categorized as either 'Devisa' (foreign exchange bank) or 'Non-Devisa' (non-foreign exchange bank). A Devisa bank can conduct transactions with foreign countries, while a Non-Devisa bank cannot.

What are the two pricing models for banks discussed in the script?

The two pricing models for banks are the conventional model, which involves setting interest rates and fees, and the Islamic banking model, which uses profit-sharing, equity financing, and asset sales (such as 'Murabaha' and 'Musyarakah').

What is the significance of the merger of BNI Syariah, Mandiri Syariah, and BRI Syariah?

These three Islamic banks merged to form Bank Syariah Indonesia, which operates based on Islamic law and focuses on non-interest-based profit methods like profit-sharing ('Mudharabah') and equity financing ('Musyarakah').

What are the legal forms of a bank when it is established?

A bank can be established in various legal forms, including as a 'Persero' (state-owned limited company), 'Koperasi' (cooperative), or a 'Perseroan Terbatas' (limited liability company).

What is the minimum capital requirement for establishing a bank in Indonesia?

To establish a general bank, the minimum capital requirement is 10 trillion IDR, while for a BPR, it varies: 100 billion IDR for Zone 1, 50 billion IDR for Zone 2, and 25 billion IDR for Zone 3.

Who is responsible for overseeing banks in Indonesia?

Banks in Indonesia are overseen by the Otoritas Jasa Keuangan (OJK), which took over this responsibility from Bank Indonesia as of December 31, 2013, based on Law No. 21/2011.

What is the role of Bank Indonesia in relation to banking oversight?

Bank Indonesia's primary role is to set monetary policy and maintain the stability of the financial system. Although it used to oversee banks, this responsibility has been transferred to OJK as of 2013.