The Identification of Green Banking Concept and Bank Liability (A Study of Act Number 10 of 1998 with Extensive Interpretation and Progressive Legal Approach)

Anitalia Kusumadewi, Paripurna Paripurna

Abstract


The purposes of this research are to analyze the identification of Green Banking concept in the Act Number 10 of 1998 with extensive interpretation and progressive legal approach and to analyze how banks should be held liable for based on applicable law in view of the extensive interpretation and progressive legal approach. This research is a normative legal research that has analyzed Green Banking concept using Act Number 10 of 1998 concerning Banking, Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality of Commercial Banks, Act Number 32 of 2009 concerning Environmental Protection and Management and the Financial Services Authority Regulation Number 51/POJK.03/2017 concerning the Application of Sustainable Finance for Financial Services Institutions, Issuer Companies and Public Companies, and then presented as prescriptive research. The result of this study is that banks are reluctant to further examine the AMDAL of financed projects and do not oversee such projects until the termination of the contract. Extensive interpretation and progressive legal approach can be used to provide bank a deep insight regarding the concept of green banking contained in the banking law and the extent to which banks (creditors) are subject to the terms of the lender liability.


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References


Laws, and Regulations

Act Number 7 of 1992 concerning Banking (State Gazette of the Republic of Indonesia Number 31 of 1992, Supplement to the State Gazette of the Republic of Indonesia Number 3472) as amended by Act Number 10 of 1998 (State Gazette of the Republic of Indonesia Number 182 of 1998, Supplement to the State Gazette of the Republic of Indonesia Number 3790)

Act Number 32 of 2009 concerning Protection and Environmental Management. Supplement to the State Gazette of Republic of Indonesia Number 5059.

Act Number 12 of 2011 concerning Formulation of Regulatory Legislation. (Supplement Number 5234 to the State Gazette of the Republic of Indonesia Number 82 of 2011).

Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Assessment of Commercial Bank Asset Quality. Supplement to the State Gazette of the Republic of Indonesia Number 5354.

Financial Services Authority Regulation Number 51/POJK.03/2017 concerning The Application of Sustainable Finance for Financial Services Institutions, Issuer Companies, and Public Companies. (State Gazette of the Republic of Indonesia Year 2017 Number 169).

Books

Marzuki, Peter Mahmud. 2007. Penelitian Hukum. Kencana. Jakarta.

Soekanto, Soerjono. 1986. Pengantar Penelitian Hukum. Penerbit Universitas Indonesia (UI-Press). Jakarta.

Journal, Report and Article

General Assembly. United Nations. A/CONF.151/26 (Vol.I). “Report of The United Nations Conference on Environment and Development.” Rio de Janeiro, 3-14 June 1992. http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm. Accessed on July 14, 2017.

Imammulhadi. “Perkembangan Prinsip Strict Liability dan Precautionary dalam Penyelesaian Sengketa Lingkungan Hidup di Pengadilan.” Mimbar Hukum. Volume 25, No.3. October 2013. Page 430.

https://jurnal.ugm.ac.id/jmh/article/viewFile/16070/10616. Accessed on July 13, 2017.

Internet

Equator Principles Association Members and Reporting. 2011. http://www.equator-principles.com/index.php/members-and-reporting. Accessed on April 12, 2017.

Forests and Finance. “The Banks and Investors Exposed to Deforestation Risks in Southeast Asia, 2010-2015.” http://forestsandfinance.org/ Accessed on January 24, 2017.

“The Banks and Investors Exposed to Deforestation Risks in Southeast Asia.” 2016. http://forestsandfinance.org/

Dictionary

Black’s Law Dictionary. Eight Edition. Editor in Chief. Bryan A. Gardner. 2004. Thomson West. United States of America.


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