LEGAL RESEARCH METHODS IN EFFORTS TO APPROACH SETTLEMENT LAW OF BIRTH INCONSISTENCY FINANCIAL SERVICES AUTHORITY

Christiani, Theresia Anita and Hutapea, Maria (2015) LEGAL RESEARCH METHODS IN EFFORTS TO APPROACH SETTLEMENT LAW OF BIRTH INCONSISTENCY FINANCIAL SERVICES AUTHORITY. International Journal of Business, Economics and Law, 7 (4). pp. 68-74. ISSN 2289-1552

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Abstract

FSA Act was enacted on November 22 since mandated by Article 34 of Act No. 23 of 1999 concerning Bank Indonesia showed the tug where the Financial Services Authority which will serve to organize system of regulation and supervision of integrated financial services sector. In the development of Act 23 of 1999 amended by the enactment of Act No. 3 of 2004 is a consequence provisions relating to the supervision of financial services institutions are experiencing changes.There are some inconsistencies between the provisions of law underlying the establishment of the FSA, and the provisions contained in the FSA itself. Basic setting is the 1945 establishment of the FSA and the Bank Indonesia Act. This becomes a problem due to the formation of a juridical FSA will greatly affect the duties of Bank Indonesia, which will ultimately have an impact on the objective of Bank Indonesia to maintain and stabilize the rupiah. Research goal is to find the issue of legal inconsistencies emergence FSA Act. This phase is done by finding the ratio legis and the basic ontological settings associated with the emergence of the FSA Act. The research method is used, among others, that this study is a kind of normative research using secondary data and information sources as material to analyze the problems. The method of data analysis used is qualitative data analysis methods. Legal inconsistencies genesis of FSA Act can be concluded from Contitution of 1945 and The Bank Indonesia Act. This phase is done by finding the ratio legis and the basic ontological settings as sociated with the birth of the FSA from Contitution of 1945 and the Bank Indonesia Act . Legal inconsistencies between Constitution of 1945 and FSA Act can be concluded from the 1945 Constitution that give independence of Bank Indonesia , in the other side FSA Act obscures the meaning of Bank Indonesia independence . Legal inconsistencies between the Bank Indonesia Act and the FSA Act is also apparent from the mandate of the Bank Indonesia Act only divert the supervisory duties of Bank Indonesia while the FSA Act gives authority to FSA itself not only supervising but also making regulation.

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