Muammar Arafat Yusmad, Muammar Arafat
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Journal : Jurnal Dinamika Hukum

ARRANGEMENT OF LAW BY STATE FINANCIAL AUTHORITY IN REALIZING NATIONAL BANKING INDUSTRY THAT’S HEALTHY AND DYNAMIC. Yusmad, Muammar Arafat
Jurnal Dinamika Hukum Vol 15, No 3 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

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Abstract

The development of national banking nowadays are growing fast, competitive and integrative. One problem of Indonesian banking system related with practicing law arrangement which is a harmonization process toward legislations.????????? The focus problems are: law arrangement in banking governance, the procedure of the law arrangement in achieving national bank industry which are healthy and dynamic. As intermediary institutions, bank should be in a healthy condition in order to gain public confidence and deserve to increase national economic growth.????????? Based on the conceptual discussion, obtained arguments are: (1) The law arrangement of national banking should be done coodinately between Otoritas Jasa Keuangan (OJK) and Bank Indonesia (BI); (2) Procedure of law arrangement according to the function and authority of OJK and BI which the urgent subjects are to avoid conflict of norm,? overlapping policies and limited validity of norm of the law case which happen and will be happen; (3) banking law arrangement include bank arrangement and supervision system, strengthening internal condition of the bank, empowering and protecting consumer with complaints mechanism and follow-up which are clear and measurable. ?Key Words: ?Law arrangement, banking, health and dynamic bank.
CONTESTATION OF THE EFFICIENCY AND EFFECTIVENESS PRINCIPLES ON THE LOCAL REGULATIONS TOWARD THE COMMUNITY PROTECTION Yusmad, Muammar Arafat
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

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Abstract

The sustainable national law development is expected to guarantee people?s need on the legislation which protects the community. Local Regulation (Perda) has a strategic position as an instrument of the regional autonomy implementation in terms of national development decentralization. The Re-gional regulation formulation must observe the principles of good legislation including the principle of efficiency and effectiveness. The research focuses on the form of contestation between the principles of efficiency and effectiveness on a Regional regulation for community protection. The problems are analyzed by applying the theory of law enactment. From the analysis, it shows that the legal arguments include: The occurrence of contestation between the principles of efficiency and effectiveness on the Perda enactment is caused by the absence of community protection as stated in Regional regulation; The principles contestation in Perda results in conflict between legal norms and legislation.?Keywords:? efficiency and effectiveness, contestation, protection