Comparison of Indonesian Banking Regulation for Integrated Governance, Risk Management, Compliance with Its ISO Counterparts

The research is aiming at obtaining understanding and assurance whether the regulation of Indonesia Financial Services Authority (orOtoritas Jasa Keuangan/OJK) for banking industry on Governance, Risk Management, and Compliance (GRC) in Indonesia are compatible with the requirements and suggested practices of ISO 37000/DIS on Governance, ISO 31000:2018 Risk Management, and ISO 37301: Compliance Management as international standards for Governance, Risk, and Compliance (GRC). The regulatory requirements as set forth by Indonesian FSA to banking industry for integrated GRC have all been compatible with all the elements of ISO 37000, ISO 31000:2018, and ISO 37301. This study utilizes a comparative study method, which is conducted by assessing the similarities and differences between two standards or regulations, or in this study, between Indonesia Financial Services Authority Regulation, or Peraturan Otoritas Jasa Keuangan (POJK) on Governance, Risk Management and Compliance (GRC), with their ISO Standards counterparts. The result is expected to show the degree of fitness of Indonesian banking regulations with these ISO standards. There is only a very small number of studies have been done in the light of calibrating the Indonesian banking regulation in Governance, Risk Management and Compliance (GRC) with their ISO counterparts. Therefore, the result of this paper could be used as generic inputs and considerations for banks which have initiated their integrated GRC practices, and/or just recently commenced, and/or improving their practices more effectively. Whereas the study provides general understanding and assurance of the compatibility, it is not supported yet by empirical evidence of how banks practically exercise the implementation of integrated GRC based on ISO 37000, ISO 31000, and ISO 37301 and how do they conduct calibration efforts to its efficacy. Therefore, it is recommended to conduct such empirical case study in several banks in Indonesia as further study. Further, a field study such as interviews and surveys with Indonesian banking professionals could also be performed to provide additional perspectives on how integrated GRC is implemented in Indonesian banking.

“Good-looking step” in “bad direction” – RBI Internal Working Group proposal

Learning outcomes After discussing this case, the authors expect that the students will have the following learnings: critically analyse the latest Reserve Bank of India (RBI) banking proposal, which was proposed by the Internal Working Group (IWG) in November 2020. Understand concepts such as connected lending, crony capitalism and financial crisis. Have a basic idea about the Banking Regulations Act, 1949 and regulatory framework in the Indian banking sector. Case overview/synopsis This case is an analysis of the recent RBI proposal on banking regulations in India. The authors have referred secondary data in terms of published papers by stalwarts and experts in the banking and economics field. This case analyses the pros and cons of the IWG proposal to RBI governing body. The case also touches upon interesting banking and macroeconomics concepts. What makes this case interesting is that RBI is open to receive comments from all the stakeholders till January 2021. Complexity academic level Applicable to undergraduate and postgraduate students studying banking and finance specialisation in commerce and business management streams. Supplementary materials Teaching notes are available for educators only. Subject code CSS 1: Accounting and Finance.

Retour sur la cohabitation entre le droit CEMAC et le droit OHADA dans la liquidation des établissements de crédit en Afrique centrale

La liquidation des compartiments bancaire et non bancaire des établissements de crédit se caractérise par un dualisme juridique. Au premier compartiment est appliqué le droit CEMAC, tandis que le second compartiment est soumis au droit OHADA. Ce dualisme juridique est marqué par la prééminence de la réglementation bancaire CEMAC en raison de la spécificité de l’activité bancaire. Toutefois, cette prééminence n’est pas sans ambages. La réglementation bancaire CEMAC s’entremêle dans le processus de liquidation du compartiment non bancaire, pourtant dédié au droit OHADA, et de ce fait, relègue celui-ci à une position subsidiaire dans son « propre empire ». Cet imbroglio juridique crée une situation d’inconfort juridique pour toute personne qui sera chargée d’assurer la liquidation d’un établissement de crédit. Elle devra faire preuve de subtilité et de sagacité pour démêler et identifier, à chaque étape de la procédure, la véritable règle applicable. Mots-clésdroit CEMAC, droit OHADA, liquidation, procédures collectives, établissements de crédit Summary The liquidation of the banking and non-banking compartments of credit institutions is characterized by legal dualism. CEMAC law is applied to the first compartment and the second compartment is subject to OHADA law. This legal dualism is marked by the pre-eminence of the CEMAC banking regulations due to the specificity of the banking activity. However, this pre-eminence is not without ambiguity. The CEMAC banking regulations are interwoven in the process of liquidating the non-banking compartment, which is nevertheless dedicated to OHADA law, and therefore relegates it to a subsidiary position in its “own empire”. This legal imbroglio creates a situation of legal discomfort for anyone who will be responsible for liquidating a credit institution. He will have to show subtlety and sagacity to disentangle and identify, at each stage of the procedure, the real applicable rule.

Standard Contract on Banking Sector: Regulation and Description in Internal Banking Regulations

This study aims to determine the regulations regarding standard contracts in the banking sector after the existence of the authority of the Otoritas Jasa keuangan, to find out the legal consequences of violations of the provisions of standard contracts carried out by banking financial services and to determine efforts to prevent violations of standard contracts by banking financial services. This is normative legal research with with statutory approach and a conceptual approach. The results show that the regulation regarding the standard contract after the existence of the OJK as a financial service consumer protection agency is regulated through the Financial Services Authority Regulation (POJK) No.1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector and in the Financial Services Authority Circular Letter (SEOJK) No. 13 /SEOJK.07 / 2014 regarding the Standard contract. The legal consequences of violating the provisions of the standard contract are not regulated in the POJK and the SEOJK. When it compared with the provisions of article 18 paragraph (3) of the Consumer Protection Law which explicitly states that violations of article 18 paragraphs (1) and (2) result in standard clauses being null and void, POJK and SEOJK only require financial service actors to make action plan, hence it is deemed to have no clear legal consequences. One of the efforts that must be made by banking financial service actors to prevent violations of the provisions of the standard contract is by making standard contract regulations independently and elaborating them in the internal banking regulations.

Financial Deregulation in the United Kingdom

Was there financial deregulation in the United Kingdom in the late twentieth century? There had been several episodes of financial regulation and deregulation in British financial history. Deregulation from the 1820s to the 1870s was followed by a long period of stable and light regulation. That lasted until WWII. After that the trend was upwards. The first statutory banking regulations in more than 150 years were introduced in 1979 and then in 1987. These Acts were accompanied or followed by Basel rules. In the 1990s the Financial Services Authority was established and regulation increased steeply thereafter. The compliance burden rose steadily throughout. Deregulation in these years is hard to find.

LEGAL PROTECTION TOWARDS EXPORTERS AND IMPORTERS IN INTERNATIONAL TRADE TRANSACTIONS USING LETTER OF CREDIT (L/C) AS A PAYMENT SYSTEM AT PT. BANK MAYBANK INDONESIA TBK BRANCH OF BENGKULU

This study aims to examine and to analyze the legal protection of exporters and importers in international trade transactions using Letter of Credit (L/C) as a payment system at PT. Bank Maybank Indonesia Tbk branch of Bengkulu. The type of this study was normative legal research with descriptive analytical research design. The result of this study indicated that in an international payment system that used L/C, both exporters and importers were protected, thus exporters did not have to worry about their goods not being paid for, while importers did not need to worry that the goods they bought did not arrive or that they would lose payment, because the bank would guarantee this matters if the required documents were appropriate. PT. Bank Maybank Indonesia Tbk branch of Bengkulu, in protecting its customers, must have considerations both based on the provisions of national banking regulations and based on the applicable banking practices. The efforts made by banks to protect exporters and importers were such as banks have to implement good corporate governance, apply Know Your Customer principles including the principle of prudence in providing L/C facilities, apply the Know Your Employee principle. Moreover, it was necessary to apply optimal sanctions in case of violation of procedures. The L/C arrangements at PT. Bank Maybank Indonesia Tbk branch of Bengkulu adheres to UCP 600 so that it can avoid differences or misinterpretation between the transacting parties as far as possible.

Legal Protection Against Bank Customers in Review of Banking Laws

Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence of customer rights conduct customer complaints, and use banking mediation forums for simple, cheap, and fast dispute resolution. Legal protection for customers in terms of the Consumer Protection Act lies in the obligation for banks to heed the procedure for making standard clauses.Settings via The Consumer Protection Law which is closely related to legal protection for customers as banking consumers is the provision regarding standard clauses. Meanwhile, from the laws and regulations in the banking sector, the provisions that provide legal protection for bank customers as consumers include the introduction of the Deposit Insurance Corporation (LPS) in Law Number 10 of 1998. At the technical level the legal umbrella protecting customers includes the existence of arrangements regarding the settlement of customer complaints and banking mediation in a Bank Indonesia Regulation (PBI).