Practical Evaluation of Legal Aspects Risk in Banking Industry

Abstract

As a financial intermediary, banking becomes economic perpetrator which sharing facilitates fund traffic through service transfer via electronic media. One of the problems of law in banking service is there is no regulation him giving fringes for activity of this electronic fund transfer, like legal fundament of transfer of fund, status ownership of fund transfer, protection of law for consignor and receiver of fund transfer in the case of mistake generated by bank party, domiciling lenders in this case liquidation bank or bankrupt. Above problems need order so that giving rule of law for service user of banking. Legal risk can happened because of weakness legal aspect, which for example existence of prosecution, no law and regulation supporting, or weakness of alliance like do not be fulfilled by valid condition him contract or cordage of credit with debitor and collateral the imperfectness. Convergences both of legal system because of growth of Internationalizing market and economics (Pistor dan Philip, 1999). So, as multiplier effect of economic Convergences area, relevant law institutions with economic area also happened convergence. With economic area also happened convergences? Despite of economic convergence which cause at convergence in law area, practically do not all law aspects having the character of procedural do not there are convergence. The result paper is (1) the happening of attitude law dualism better as an matter which are positive and can more facilitate regulation which is and accommodative of conducive for requirement of business and economic. Other Important factor that is policy of economics conducted by government of Asian nations become key which is determinant for friction and change of system punish in many of Asian States among 1960 till in this time. But that way, solidarity of system punish this not yet earned to be claimed as convergence full and totalize from both continental system and Anglo of Saxon, because other aspect which have the character of procedural formed from many histories, cultural and tradition punish the each state. (2) Applying of must be done the full awareness of commitment the highness from various party and circle. In monetary context and banking, this matter will become duty each every peripatetic company element in financial sector and banking, monetary association and banking, BPPN, as well as Central Bank. (3) Change of paradigm concerning roles of law, and also from law keeping abreast of society and economics \'becoming\' law which orienting forwards capable to anticipate and accommodate and also link the problem of economics and law in national society, but also accommodative and can integrate with relevant international rule, becoming an urgent requirement for growth of law and economics.