Peranan Otoritas Jasa Keuangan terhadap Perbankan Tidak Sehat

Abstract

OJK as a step to create healthy banking, a bank that can carry out its functions properly, can maintain and maintain public trust, can carry out the intermediary function, can help smooth payment traffic and other things in the economic system. The formulation of this research is how is the soundness of the Bank in the banking legal system in Indonesia, what is the position of the unhealthy Bank in the Positive Law in Indonesia and what is the role of the OJK towards unhealthy Banks. The type of research used in this study is normative legal research, namely the 1945 Constitution of the Republic of Indonesia, Law No. 10 of 1998, Law no. 24 of 2004, RI Law No. 40 of 2007, Law no. 21 of 2011, Law no. 9 of 2016, Republic of Indonesia Government Regulation No. 25 of 1999, Government Regulation in lieu of RI Law No. 4 of 2008, Bank Indonesia Regulation Number 13/1/PBI/2011, Bank Indonesia Regulation Number 15/2/PBI/2013 and Financial Services Authority Regulation Number 4/POJK.03/2016. The nature of this research is analytical descriptive. This research was conducted using normative research methods and library research. The Bank's Soundness Level is used as one of the means in evaluating the conditions and problems faced by the Bank and determining follow-up actions to overcome the weaknesses or problems of the Bank, either in the form of corrective actions by the Bank or supervisory actions by the Financial Services Authority. With the promulgation of Law no. 9 of 2016 concerning Prevention and Handling of Financial System Crises, banks that can apply for bankruptcy are failed banks that do not have a systemic impact. The bank is determined by the OJK as a Bank that cannot be Healed (TDS), so the OJK will convey this information to the Deposit Insurance Corporation (LPS) and ask the LPS to decide whether to save or not save the bank.