INTERNATIONAL PROGRAM FACULTY OF LAW UNIVERSITAS ISLAM INDONESIA

Transcription

1 INTERNATIONAL PROGRAM FACULTY OF LAW UNIVERSITAS ISLAM INDONESIA Subject Department Lecturer : Banking Law : Law : Dr. Surach Winarni, SH, M.Hum Phone : Credit (SKS) : 2 Pre-requisites : Commercial Law Consultation times : By appointment Subject overview: The origin of Indonesian banking system was initially established by Dutch during the colonial era. During post-colonial era, the urge to nationalize Dutch banking companies in Indonesia was started by the issue of law number 86 of year The effort for nationalization happened until 3 December At that time, many Indonesian banks were established and the development were increased rapidly in order to enhance the saving from people and credit flow to people who need lending from bank. Although bank s function as intermediary institution was exercised properly, the protection for bank costumer was poor against any banking crimes practice for several decades. The peak of costumer distrust against banking system, as the result for not providing costumer protection properly, was in 1998 when the monetary crises crushed Indonesian economic condition. Various contemporary banking crimes were committed. Therefore, as the response, government revised the law number 7 of year 1992 with the law number 10 of years 1998 on banking. The money laundering, as one of banking crimes, is also regulated under separated specific law (number 15 of years 2003 on money laundering). Since banking activity are part of people s life and play important role in economic aspect, it is important for students of law to understand the law aspect in banking system especially in the field of banking crimes. Subject Objectives By learning this subject, the students are expected to know and understand the main aspects of banking law both theoretically and practically. It is important for students to gain ability in analysing contemporary banking issues in Indonesia. Materials and References Textbooks:

2 1. Thomas Suyatno, Kelembagaan Perbankan, Jakarta, STIE Perbankan, Hasanudin Rahman, Aspek-aspek Hukum Pemberian Kredit Perbankan di Indonesia, Bandung, Citra Aditya Bakti, Munir Fuady, Hukum Perkreditan Kontemporer, Bandung, Citra Aditya Bakti, , Hukum Perbankan Modern Berdasarkan UU, Tahun 1998 Buku I, Bandung, Citra Aditya Bakti, Muhammad Djumhana, Hukum Perbankan di Indonesia, Bandung, Citra Aditya Bakti, Sutan Remy Sjahdeini, Kebebasan Berkontrak dan Perlindungan Seimbang bagi Para Pihak dalam Perjanjian Kredit Bank di Indonesia, Jakarta, IBI, 1993 Assessment The final grade will be determined by a composite evaluation of the student s performance based on the following assessment table: Task Value Deadline Assignments 15% Before final exam (week 15) Class participation 5% During whole semester Essays 20% During the first half of semester (week 5) Mid-term exams 30% During first exam period (week 8) Final exam 30% During second exam period (week 16) Essays In order to assess student understanding on banking law subject, the students are obliged to compose an individual paper which has topic about the issues of banking business risks and make discussion on case that is related to the banking business risks. The task will be issued in week 5, while the submission of the paper must be conducted before the midterm exam (week 7). Assignments The only assignment which will be conducted for whole semester is in the form of group presentation. The individual presentation will be conducted during the second half of semester. In this task, each student must make individual presentation about the issues on criminal action committed in banking field. The task will be issued in week 12, while the group presentation will be conducted before final-term exam (week 15).

3 Examination The mid-term exam will be held as scheduled by the Faculty of Law. The final exam will be held at the end of semester. The exam questions consist of several short answer and the students are asked to make analysis on certain case of the recent banking crime issues in Indonesia. The exams are 75 minutes in duration. Class participation Class participation is one important element of assessments on students who are active during class session. It is accumulatively acquired during question and answer session in class (for whole semester) Grading System: Total Grade Total Grade A C A C A/B C B C/D B D B D B/C 0-34 E Policy on assessment

4 Essays and assignments will not be accepted after the due date unless arrangements for an extension of time have been made prior to the due date. If students do not agree with the result that you achieve for any piece of assessment for this subject please contact the lecturer immediately. They have a right to know the reasons why your work has received a certain grade and to request a better grade if they believe that their work has been unfairly assessed. Lecture Program/ Topics

5 Meetings Topic Objective Meeting 1 Introduction to Banking law to understand the definition The function of bank of banking law, to know The development of banking law in the function of bank and Indonesia know its development in Meeting 2 Meeting 3 Meeting 4 Meeting 5 Meeting 6 The activities and risks of banking business The activities of banking business The risks that usually happen in banking business National regulation on banking business National laws that regulate about banking business National regulation on Bank of Indonesia National regulation on Commercial banks Requirements for creating a bank Basic Principles of banking business Fiduciary principle Prudential principle Confidential principle Good corporate governance principle The costumer and money laundering and money laundering The principle about costumer which is related to the money laundering Banking secrecy/non-disclosure on banking secrecy The purpose of banking secrecy The exception on banking secrecy application Indonesia to understand the activities and the risks of banking business The students are hoped to know the national regulations about banking business; Bank of Indonesia and commercial banks. They are also expected to know the requirements for creating bank The students are hoped to understand each basic principle of banking business to understand the concept of money laundering and its principle on anticipation for costumer who are suspected as money laundering doer It is expected that the students are able to grasp the idea of banking secrecy and its purpose. It is important to them to know when the exception on banking secrecy should work Meeting 7 Review and essay submission Essay submission and review on previous subject material Mid-test

6 Meeting 8 Meeting 9 Meeting 10 Meeting 11 Meeting 12 Banking crimes Types of banking crimes The protection on costumer who becomes victim of banking crimes Banking products Types of banking products Funding product Lending Product Legal basis of lending Elements of lending The difference between bank lending and non-bank lending Credit/lending procedure Application for lending Making analysis for pre-lending procedure Other service of banking Safe deposit box Bank guarantee Letter of credit to know and understand the definition and types of banking crimes. They are also hoped to know the protection on costumer in banking crimes case. The students are hoped to understand the definition and types of banking product. It is also important for them to understand the funding product. to understand the definition, legal basis and elements of lending. They are also hoped to be able to identify the difference between lending which is issued by bank and nonbank to understand the mechanism on making lending application and making analysis for prelending procedure to understand the concept, function and mechanism of safe deposit box, bank guarantee and letter of credit. to know and understand the definition, function, purpose, the institution and the mechanism of banking supervisory in Indonesia Meeting 13 Banking Supervisory the function and purpose of banking supervisory the official institution for banking supervisory The mechanism Meeting 14 Individual presentation Assessment on individual presentation performance in class Final test

7