ANALISIS KEBIJAKAN TENTANG PROSES PERUMUSAN UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN (RELEVANSINYA TERHADAP PP 29 TAHUN 1999)

• Main Authors: , Zainal Said, MH, , Prof. Dr. Irwan Abdullah
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/118198/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=58091
• Institution: Universitas Gadjah Mada

Based on the demand of law form presented in the Law Number 10 in 1998 about Banking obliges the management of the Banking business in the form of the Limited Liability Company (PT). In Limited Liability Company, it obeys the system of the capital permanent in the form of stock. As known that the characteristic of the provision by majority in a RUPS is not always fair for the minority stock stakeholder, eventhough the mechanism of taking decision of the majority way is assumed as the most democratic one. The existence of the One Share One Vote principle prevailing at Limited Liability Company has created the asymmetrical relation among the stock stakeholder. Modestly, the majority stock stakeholder here is the stakeholder dominating the stock possession. Whereas, the minority stock stakeholder is the stock stakeholder which has less possession in the stocl nominal. This research focusses on the comparison basis the contents of the interest implied in the subject of the banking law. some articles in the law opens space in its interpretation and also the openning of the opportunity to have publicly, either domestic capital owners or the foreigners. Even, the foreigner may has stock untill 99% which means can make lost the state�s asset devidently. So, the regulation of the banking must be reviewed in order that the law of banking can accumulate the people interest jurisprudently as the stakeholder of the asset of the state in the form of the State-Owned Coorporation (BUMN). The government also should investigate and hear society�s aspiration in developing the national economy in achieving the state�s ambition. This research uses qualitative data. However, the researcher directs the analyses more toward qualitative data because it relates to the comparison bases and the interests-built in formulating the process of banking law form. Technique of collecting data used pervades deeply interview and documentation study. The data obtained then analyzed and written. The method used is correlational compartion and interpretative in the formulating process. The pressure about the change of the banking regulation changes the form of the institution in the form of Limited Liability Company (PT). So, all of the banking institutions must obey the PT regulation, either State-Owned Coorporation or Private-Owned Coorporation. Whereas, some of the laws contradict with the banking law them selves. This study shows that the process of forming banking law does not accomodate the aspiration of the society�s interest, mainly about the philosophical foundation, jurisprudential foundation, and the sociological foundation which, indeed, constitutes the main basis in the process of formulating statues.