Perlindungan hukum terhadap keuangan Bank Indonesia dari perspektif independensi

Deviana, Ayu (2023) Perlindungan hukum terhadap keuangan Bank Indonesia dari perspektif independensi. Doctoral thesis, Universitas Pelita Harapan.

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Abstract

Bank Indonesia's sound and stable finances play an important role in supporting the Bank Indonesia's duties as the central bank. Bank Indonesia's finances, which consist of assets and liabilities, are the main instruments in implementing Bank Indonesia's policies in the monetary, payment system and macroprudential sectors. One of the efforts to maintain the health and soundness of Bank Indonesia’s finances is through the legal protection or immunity to Bank Indonesia's finances. Currently the Bank Indonesia Law and the State Treasury Act are the legal basis for legal protection of Bank Indonesia’s finances. In this dissertation, further studies are conducted on the legal protection arrangements for Bank Indonesia finances in the Bank Indonesia Law and the State Treasury Law and related provisions. Furthermore, the studies are conducted to know the implementation of the regulation referred to in order to provide legal protection to Bank Indonesia's finances. In addition, what is the ideal regulation arrangement for legal protection of Bank Indonesia's finances from an independence perspective. The study for these problems uses a normative legal research methodology with secondary data. Based on the results of the study, the legal protection of Bank Indonesia's finances in the Bank Indonesia Law and the State Treasury Law is deemed inadequate. The provisions for legal protection in the Bank Indonesia Law do not yet regulate legal protection for Bank Indonesia institutions. The legal protection in the State Treasury Law is not in line with the principle of independence of Bank Indonesia, especially financial independence, where Bank Indonesia has the authority to manage its own assets apart from the State Budget. The regulation substance in the State Treasury Law and its implementing regulations are the implementing regulation of the State Finance Law which focuses on the governance of the State Finance in the APBN and APBD, including the regulation of legal protection of state assets owned by the Government in the form of BMN and BMD. The State Treasury Law also does not stipulate legal protection for Bank Indonesia's liabilities, which is also an important instrument in supporting Bank Indonesia's policies. The regulation of legal protection for Bank Indonesia's finances should be regulated in the level of law or act since it stipulates immunity for Bank Indonesia. In addition, to be in line with the principle of independence of Bank Indonesia, the regulation of legal protection should also needs to be regulated in the organic Law of Bank Indonesia or other laws which also regulate the institutions of Bank Indonesia.

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