Peranan corporate secretary dan compliance director dalam implementasi good corporate governance pada sektor perbankan dan akibat hukum pelanggarannya

Goh, Vivien (2003) Peranan corporate secretary dan compliance director dalam implementasi good corporate governance pada sektor perbankan dan akibat hukum pelanggarannya. Masters thesis, Universitas Pelita Harapan.

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Abstract

The bad practice of Corporate Govemance is an undeniable fact in business sector. It is not surprising therefore, that it is said that the bad practice of Corporate Governance is the primary cause of the collapse of corporations including banking institution, yet this statement needs to be further proved. The lessons that we have learned from the recent financial and economic crisis, the weakness in the implementation of Good Corporate Governance and a tougher global competition in raising source of funding due to the globalisation have made us aware of the importance of Good Corporate Govemance. In response to that, we need to sustainably fmprove and develop the Good Corporate Govemance which among others by enhancing the accountability of the members of the Board of Commissioners, Board of Directors including Compliance Director and Corporate Secretary. The establishment and appointment of the Compliance Director and Corporate Secretary is the good initiative and right action to foster the implementation of Good Corporate Governance especially in banking institution. However, the non effectiveness of their roles have become the limelight among others of Corporate Governance issues. The roles of Corporate Secretary and Compliance Director are so vital and strategic to enforce the Good Corporate Governance. Their existence as watchdog and gate keeper of the company are inevitably required to minimize the fraud and avoid any breach in the company. However, due to the fact that no clear sanction imposed to them and the low law enforcement in Indonesia, have made them ineffective in executing their roles. Additionally, we could see in reality that there is a global tendency that implementation through best practice than regulatory without sanction proves to be more effective. On the other hand, statutory implementation with sanction is also required to regulate the minimai standard regulations that needs to be complied by public. But we also could not deny that globally self regulation is more effective in the implementation of best practice. In conclusion, we could say that the combination between self regulatlon and statutory regulation is the best and effective approach to implement and enforce Good Corporate Governance, supported with economic and market pressure in the enforcement.

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