KONSEP PERLINDUNGAN HUKUM PERBANKAN NASIONAL DIKAITKAN DENGAN KEBIJAKAN KEPEMILIKAN TUNGGAL TERHADAP KEPEMILIKAN SAHAM OLEH PIHAK ASING DALAM RANGKA MENCAPAI TUJUAN NEGARA KESEJAHTERAAN
Abstract: This research
analyzes whether the sole proprietorship policy can support national banking
monitoring andhow this policy is implemented in the banking globalization,
legal protection for national banking and concept of national banking
development in globalization era in relation to the objectives of welfare
state. The research uses normative juridical method with descriptive analysis.
The findings are: first, the sole proprietorship policy does not apply to under
25% shareholding of a bank or share acquisitions in several banks. Second, the
nature of sole proprietorship policy is futuristic, so it can reduce the
discretion for national banking shareholding by foreign/global investors.
Third, legal protections for national banking towards domination of national
banking shareholding have been ineffective because the sole proprietorship
policy only incorporates the same proprietorship of several banks. Fourth, in
globalization era, the concept of national banking regulation independency for
capital is adjusted to the business segment of each bank. In addition, an
integrative monitoring should be applied to national banking activities,
particularly to foreign parties who hold shares in several national banks
without highly influenced by global banking regulation recommendation.
Penulis: Fontian Munzil, Sayid
Mohammad Rifqi Noval
Kode Jurnal: jphukumdd120373
