KAJIAN YURIDIS TERHADAP KEWENANGAN BANK INDONESIA DAN LEMBAGA PENJAMIN SIMPANAN DALAM MELAKUKAN PENANGANAN TERHADAP BANK GAGAL YANG TIDAK BERDAMPAK SISTEMIK

Abstract

In addition to deposit guarantee, Deposit Insurance Corporation also authorized
to deal with Failing Bank, both of Systemic Effect and Non-Systemic Effect. Where the
same authority held by Bank Indonesia. So, how does the authority between Bank
Indonesia and Deposit Insurance Corporation in handling Failing Bank which are Non-
Systemic Effect and how the process of handling by the authorities of the Deposit
Insurance Corporation. The research method used is Normative Legal Research, the
type of approach used are the Statute Approach and Comparative Approach. Legal
material source used by the primary and secondary legal materials. Technique
collection of legal materials based on the Library Research and from the laws that have
been obtained to use Technical Analysis Argument and Systematization to get relevant
answers to the issues raised. The authority to handle Failing Bank arranged in two
laws, namely Article 37 paragraph (2) of the Banking Act and Article 26 of the Deposit
Insurance Corporation Act. While the stages of handling Failing Bank of Non-
Systemict Effect by Deposit Insurance Corporation regulated in Article 22 to Article 30
of the Act Deposit Insurance Corporation. With the two legislation that have the same
authority to regulate handling Bank Failing of Non-Systemic Effect, may result in a
contradiction or conflict between Bank Indonesia and Deposit Insurance Corporation
in any treatment for the Failing Bank.