The doctrine of harmonious construction under Interpretation of statute
Banking law
1. Members of Group :
1. Abdul Ajiz
2. Annisa Aulia
3. AzzamAji Abizar
4. Cao Mengnan
5. Ghina Puspitasari
6. Ine Mutia Ferida
7. Kanah Nurhasanah
2. FORMULATION OF THE PROBLEM
Definition of bank?
The types of bank?
The tasks/duties of bank?
Definition of banking law?
The principle of banking law?
The source of funding in banking?
3. The bank is an entity that collects funds from the public in
the form of deposits with the issuing to the public in the form
of loans , or other forms in order to improve the standard of
living of the people " (Law No. 10 of 1998 )
Financial institutions whose main activity is to collect funds
from public funds and channel them back to the community
and provide other banking services. (Kashmir (2010: 11))
According to Kashmir (2012: 13) that the banking business
covers three main activities, that is:
1) Collecting Funds
2) Distributing Funds
3) Provide other bank services
"Bank is a business entity whose main duty as a financial
intermediary (financial intermediaries), which channel funds
from the excess funds to the cash-strapped at the appointed
time" (Lukman Dendawijaya, 2003: 25).
4. TYPES OF BANK
Based On The Function
Based On The Owner
Based On The Status
By Way of Determining The
Price
5. BASED ON THE FUNCTION
Central Bank
Central Bank (Central Bank) is Bank Indonesia. The principal tasks :
organize, preserve, and maintain rupiah stability
to encourage the smooth production and development and expand
employment opportunities in order to improve the lives of the people.
General Bank
a bank conducting conventional business and are based on sharia principles
in their activities providing services in payment traffic (Bank Indonesia
Regulation No. 9/7 / PBI / 2007 )
Rural Banks (BPR)
a bank conducting conventional business or based on sharia principles in
their actions does not provide services in payment traffic (No. 10 of 1998
Rural Banks (BPR))
6. BASED ON THE OWNER
Goverment Bank
- Bank Negara Indonesia (BNI)
- Bank Rakyat Indonesia (BRI)
- State Savings Bank (BTN)
Private Bank
Bank Muamalat
Bank Central Asia (BCA)
Bank Danamon
Cooperative Bank
Cooperative Commercial Bank
Indonesia (Bukopin)
Foreign Bank
Deutsche Bank
American Express Bank
Bank of Tokyo
Joint Bank
Sumitono Commercial Bank
Bank Merincop
Swadarma Sakura Bank
Bank Finconesia,
7. BASED ON THE STATUS
Foreign exchange bank
The bank is able to carry out transactions abroad or dealing with foreign
currencies as a whole.
Bank Panin Syariah
Bank Tabungan Pensiunan Nasional,.Tbk
Bank Syariah Bukopin, etc.
Non-foreign banks
The bank Is a bank that does not have permission to carry out the
transaction as foreign banks.
Bank Central Asia , Tbk
Bank CIMB Niaga, Tbk
Bank danamon Indonesia,Tbk, etc.
8. BY WAY OF DETERMINING THE PRICE
According to Conventional
determining the prices of both the selling price and the purchase price.
Search for profits :
Establish interest
The services of other banks
According to Syariah Principle
The principles apply the rules of Islamic law based agreements with other
parties who want to save money or financing or other banking activities.
Pricing or profit at the bank based on syariah principles :
Mudharabah
musharakah
murabaha
Ijara
Ijara wa iqtina
9. Indonesia Bank (Bank Indonesia)
Setting And Implementing The Monetary Policy
Adjust And Maintain Smooth Running of Payment System
Policy on Regulation and Supervision of Banks
Commercial Bank
Article 6 of Law No.10 of 1998 :
Collecting funds from the
Give credit.
Transferring money .
Article 7 of Law No. 10 of 1998
Invested capital
Doing business in insurance
10. Definition of Banking Law
Banking law (banking law), which is a set of laws in the form of legislation,
jurisprudence, doctrine, and other sources of laws that regulate the
problems of banks as institutions, and aspects of their daily activities, signs
which must met by a bank, the behavior of officers-officers, rights,
obligations, duties and responsibilities of the parties who lodged the banking
business, what should and should not be done by the bank, the existence of
the bank, and others relating to the banking world is (Munir Fuady, 1999:
14).
The Source of Banking Law
Source of law in the material sense is the source of law that determines the
content of the law itself, and it depends from what angle do the review,
whether from the standpoint of economics, history, sociology, philosophy,
etc.
Ex : Act Number 23 of 1999 concerning Bank Indonesia as amended first by
Act No. 3 of 2004 and the latest by Government Regulation in Lieu of Law
No. 2 of 2008 as stipulated by Act No. 6 of 2009 (called UUBI);
11. 1. The principle of Economic Democracy
There was no monopoly. This is because every citizen is entitled to receive
the same thing.
2. The principle of Belief
With Pharmaceutics trust received by banks from the public, it will be able
to provide the existence and good value for the bank.
3. Principle Confidentiality
This principle is a principle that is used to protect the customers with good
intention.
4. The Precautionary Principle – prudential
Surely that bank as an institution that manages the customer's money, it is
also expected by customers that the bank can manage the money saved is
good and Carefuly
12. According to Kashmir (2001; 62-63) The sources of these funds
are:
1. Funds sourced from Source of
funds the bank itself is the source
of funds of its own capital.
2.The funds raised from the
public
3. Funds sourced from other
agencies