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Journal articles on the topic 'Legal regulation of banking'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Aulia, Deanti, and Amir Syafiq bin Amran. "System of Islamic Banking Regulation in Indonesia and Malaysia." Jurnal Ilmu Hukum Tambun Bungai 9, no. 2 (2025): 546–58. https://doi.org/10.61394/jihtb.v9i2.496.

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This study discusses the Islamic banking regulation system in Indonesia and Malaysia, two countries with the largest Muslim populations that play an important role in the development of the global Islamic finance sector. The main objective of this research is to compare and analyze the differences and similarities in Islamic banking regulations between the two countries, which have different legal backgrounds and financial systems. This study examines the legal foundations regulating Islamic banking in Indonesia and Malaysia, as well as how these regulations are implemented to support the sust

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Frolova, Evgenia E. "LEGAL REGULATION OF INTERNET BANKING IN INDIA." RUDN Journal of Law 23, no. 3 (2019): 351–74. http://dx.doi.org/10.22363/2313-2337-2019-23-3-351-374.

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The features of the legal regulation of Internet banking in India are investigated. Internet banking is gradually replacing the use of cash, checks, and, most importantly, customers who personally come to bank offices: according to statistics, the total amount of transactions in the digital payments segment of India in 2019 will be $ 64.775 billion. USA. Electronic banking is a generic term for the provision of banking services and products via electronic channels, such as telephone, Internet, mobile phone, etc. The main regulatory act regulating Internet banking in India is the Information Te

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Dewi Kasih, Desak Putu, and Putu Devi Yustisia Utami. "Standard Contract on Banking Sector: Regulation and Description in Internal Banking Regulations." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 10, no. 2 (2021): 251. http://dx.doi.org/10.24843/jmhu.2021.v10.i02.p05.

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This study aims to determine the regulations regarding standard contracts in the banking sector after the existence of the authority of the Otoritas Jasa keuangan, to find out the legal consequences of violations of the provisions of standard contracts carried out by banking financial services and to determine efforts to prevent violations of standard contracts by banking financial services. This is normative legal research with with statutory approach and a conceptual approach. The results show that the regulation regarding the standard contract after the existence of the OJK as a financial s

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Pratama, Kristianus Jimy. "DEVISING AN INDONESIAN LEGAL ARCHITECTURE FOR METAVERSE BANKING: CHALLENGES AND OPPORTUNITIES." Journal of Central Banking Law and Institutions 2, no. 1 (2023): 1–24. http://dx.doi.org/10.21098/jcli.v2i1.48.

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The objective of this research is to correct misconceptions about the metaverse and metaverse banking, as well as to refute national legal perspectives on metaverse banking. It is designed to also shed some light on challenges and opportunities connected to the plan of legal architecture on metaverse banking along with its supervision and enforcement mechanisms. Metaverse banking consists of banking activities in the metaverse ecosystem. Due to the rapid development of metaverse banking on a global level and unresponsive national regulations to govern it, there is no adequate legal regulation

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Widyantoro, Agus, and Dita Elvia Kusuma Putri. "Akibat Hukum Bagi Nasabah Terhadap Pelaksanaan Merger Badan Usaha Perbankan di Indonesia." Acten Journal Law Review 2, no. 1 (2025): 17–31. https://doi.org/10.71087/ajlr.v2i1.24.

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Limited Liability Companies as legal entities can operate in the banking sector. In its development, many companies have merged in the banking industry to increase activity and respond to economic conditions. However, banking mergers may not always be successful in their implementation, potentially harming customers. First, this article's problem formulation is procedures and regulations regarding limited liability company mergers in the banking business sector. And secondly, legal protection for customers after implementing a company merger in Indonesia. The research method in this article is

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Yuspin, Wardah, Anindhita Nurfaatin Sukirman, Arief Budiono, Jompon Pitaksantayothin, and Ata Fauzie. "Legal Reconstruction of Indonesian Banking Laws: Challenges and Opportunities for Digital Bank Regulation." Varia Justicia 19, no. 1 (2023): 52–69. http://dx.doi.org/10.31603/variajusticia.v19i1.8019.

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Digital banks in Indonesia are growing rapidly. This phenomenon has given rise to legal disharmony in laws and regulations, considering that banks are institutions with many regulations (fully regulated). Legal disharmony occurs because of the many weaknesses in the current banking regulations, which still focus on the Banking Laws. Law Number 10 of 1998 concerning banking was formed specifically to regulate conventional banking transactions, while the concept of digital banks in its implementation utilizes technology. This difference creates a gap leading to a legal vacuum. By interpreting th

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Riza Hafizi, Muhammad, and Zainur Rahman. "Normative Review of Economic Democracy In The Indonesian Sharia Banking Legal Framework." Jurnal Ilmu Hukum Tambun Bungai 9, no. 1 (2024): 407–25. http://dx.doi.org/10.61394/jihtb.v9i1.379.

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This research is a normative review of economic democracy within the legal framework of Indonesian sharia banking. In this context, this article aims to explore how the principles of economic democracy are reflected in the legal regulation of Islamic banking in Indonesia. The research method used is a normative approach involving a literature review and legal analysis of sharia banking regulations in Indonesia. The research results show that bank regulations in Law no. 7 of 1992, Law no. 10 and 21 of 1998, as well as other regulations, consistently promote democratic principles in Indonesia's

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Narud, Ahmad, Rachel Chan, and Nikhil Joshi. "The Legal Framework of Shariah Banking in Indonesia: Implications for Financial Regulation and Market Development." Sharia Oikonomia Law Journal 3, no. 1 (2025): 116–26. https://doi.org/10.70177/solj.v3i1.2082.

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The rapid growth of Shariah banking in Indonesia has prompted significant regulatory developments to align financial practices with Islamic principles. However, the legal framework governing Shariah banking remains complex, raising questions about its effectiveness in fostering financial regulation and market development. This study examines the legal structure of Shariah banking in Indonesia, focusing on its implications for financial regulation and its role in promoting sustainable market growth. The research aims to identify gaps in the current legal framework and propose recommendations fo

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Чумаков, В. А. "Problems of legal regulation of bank secrecy." Экономика и предпринимательство, no. 3(116) (May 15, 2020): 790–93. http://dx.doi.org/10.34925/eip.2020.116.3.164.

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Банковская деятельность непосредственно связана с анализом и обработкой большого объема финансовой информации, значимую часть которой составляют сведения, подпадающие под режим банковской тайны. Банковская тайна выступает одним из главных принципов и институтов банковского права, поэтому большое значение имеет ее правовое регулирование. Целью статьи является выявление основных проблем правового регулирования банковской тайны. В настоящее время институт банковской тайны регулируется огромным количеством нормативно-правовых актов, основной проблемой при этом выступает несогласованность и разрозн

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10

Brit, N. N. "Features and Prospects of Development of the Institution of Paying Agents." Actual Problems of Russian Law 15, no. 1 (2020): 72–80. http://dx.doi.org/10.17803/1994-1471.2020.110.1.072-080.

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The paper is devoted to the analysis of the legal regulation of the institution of paying agents and banking paying agents in Russia, as well as to the assessment of their development prospects.The first part of the article raises and investigates the issue of the reasons for the existence of different legal regulation of the activities of paying agents and banking paying agents in the Russian Federation. The paper compares general and distinctive features envisaged in the legislation and developed through judicial practice and determines controversial issues requiring solution through improve

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11

Latisha, Najwa, and Rianda Dirkhareshza. "Optimalisasi Regulasi Transformasi Digital Perbankan dengan Implementasi Berbasis Environmental Social Governance Sebagai Bentuk Transisi Menuju Green Banking." Jurnal Ilmiah Penegakan Hukum 11, no. 2 (2024): 198–215. https://doi.org/10.31289/jiph.v11i2.13700.

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This article aims to examine the optimization of banking digital transformation regulations in regulating digital bank risk management practices to support the transition to green banking with ESG (Environmental, Social, and Governance)-based implementation. The problem is focused on the analysis of banking digital transformation regulations. In order to approach this problem, legal theories are used as references with a normative juridical approach. The data collected through literature studies with a legislative, comparative, and conceptual approach, and analyzed qualitatively. This study co

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Muslih. "ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH." PRANATA HUKUM 15, no. 2 (2020): 183–98. http://dx.doi.org/10.36448/pranatahukum.v15i2.229.

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Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulat

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Lisovol, O. M., and S. G. Naumenko. "Regulatory and legal regulation of competition in the banking services market." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 324–30. https://doi.org/10.24144/2307-3322.2024.86.2.49.

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The state of economic competition in the banking system of Ukraine is considered. A review of regulatory and legal documents of the European Union and the United States of America on the regulation of competitive relations in the economy and the prevention of monopolization in general, and the banking system in particular, is made. The opinions of researchers and institutions of leading countries of the world on the risks of violation of competition in the banking system are presented. The legal regulation of competitive relations in the legislation of Ukraine is analyzed. Provisions in the «g

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14

Kamalyan, V. M. "LEGAL RISKS OF SING DIGITAL TECHNOLOGIES IN BANKING." Actual Problems of Russian Law, no. 6 (July 18, 2019): 32–39. http://dx.doi.org/10.17803/1994-1471.2019.103.6.032-039.

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Based on the analysis of legal risks of using smart contracts in banking activities, the author concludes that there is a need for special legal regulation of the use of digital technologies in banking, which would minimize the legal risks examined in the paper. The author believes that such legal regulation in order to minimize legal risks should define a smart contract as a way of fulfillment of obligations rather than as a design of a contract concluded in writing. Analyzing the legal risks associated with the person identity during the introduction of digital technologies in banking, the a

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15

Demir, Yasam, and Sebnem Yalcin. "Development Process of Banking Regulations in Turkish Legal System." European Scientific Journal, ESJ 13, no. 4 (2017): 1. http://dx.doi.org/10.19044/esj.2017.v13n4p1.

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The regulation of banking sector recently has become one of the discussed issues after the crisis experienced in developed and developing countries. The opinion that the international regulations and standards are not enough for the surveillance and audit of the banks, has began to prevail. In this aspect, the regulations, which every country has done in the scope of internal dynamics, took attention. In this study legal regulations that Turkey, where the negative effects of 2008 crisis are seen relatively less than European countries, has besides having international banking standards are ana

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16

Kulikov, A. V. "Legal regulation of subordinated instruments in banking." Право и государство: теория и практика, no. 12 (2021): 32–37. http://dx.doi.org/10.47643/1815-1337_2021_12_32.

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Kulikov, A. V. "Legal regulation of subordinated instruments in banking." Право и государство: теория и практика, no. 12 (2021): 32–37. http://dx.doi.org/10.47643/1815-1337_2021_12_32.

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18

Lauts, E. B. "Anti-Sanction Regulation of the Banking Services Market and Anti-Crisis Legal Regime of Banking Activities." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (March 24, 2023): 70–79. http://dx.doi.org/10.17803/2311-5998.2023.101.1.070-079.

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The article attempts to correlate the anti-sanction regulation of the banking services market and the anti-crisis legal regime of banking. The author distinguishes between the sanctions regime and the anti-sanction legal regime that frames the anti-sanction regulation of the relevant market and is part of its anti-crisis regulation. The article substantiates that the antisanctions legal regime does not include means of counter-sanctions, since the latter do not aim to mitigate the sanctions regime for the relevant market, but are retaliatory restrictive measures that often also negatively affe

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19

Yusupov, Ramil Z., and Nikolay V. Gudkov. "International legal regulation of the banking sector under sanctions." Juridical Analytical Journal 19, no. 1 (2024): 47–51. https://doi.org/10.18287/1810-4088-2024-19-1-47-51.

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In conditions of increased sanctions pressure, the banking system of the Russian Federation needs clear legal regulation. In this regard, the question arises about the application of international banking law, as well as the development of national anti-sanction measures. The authors examine the current international treaties of the Russian Federation, the country's participation in international economic organizations, as well as the activities of the Bank of Russia. The authors analyze the possibility of using European assessment tools (credit ratings) in Russia at the present time, the impl

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20

Alekseeva, D. G. "Trends in the Legal Regulation of ESG Banking under Sanctions." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (March 24, 2023): 80–93. http://dx.doi.org/10.17803/2311-5998.2023.101.1.080-093.

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The sustainable Development agenda has long been a stable trend in the global economy. Russia has been included in this global theme for a long time. Legislation, regulations and recommendation documents were being developed in the country, special tools were being created, primarily in the banking sector. At the same time, the CODID-19 pandemic and the wave of sanctions pressure thatfollowed it raised the question of the expediency of further development of the ESG agenda in Russia. The article discusses the features of the legal regulation of ESG banking under the conditions of sanctions pre

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Tektona, Rahmadi Indra. "Quo Vadis : Kebijakan Politik Hukum Bank Syari’ah Pasca Undang-Undang Nomor 21 Tahun 2008 Tentang Perbankan Syariah." JCH (Jurnal Cendekia Hukum) 8, no. 2 (2023): 274. http://dx.doi.org/10.33760/jch.v8i2.613.

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The existence of legal politics in Islamic banks comprises the most common method for creating and enforcing regulations that can illustrate the kind and course in which the law will be constructed and implemented on the grounds. This is because the definition of legal politics itself is the official direction that the state uses as a basis to create and implement laws to achieve state goals. There are two dimensions of legal politics to consider when studying regulation: the basic policy dimension of why regulation is promulgated and the policy dimension of enactment. Regulations must be able

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Sriono, S., Sri Dewi, Miftah Hulzannah, Maria Panggabean, and Riki Afri Rizki. "Legal Protection Against Bank Customers in Review of Banking Laws." International Journal of Educational Research & Social Sciences 1, no. 1 (2021): 1–6. http://dx.doi.org/10.51601/ijersc.v1i1.7.

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Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence o

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TarasenkoARASENKO, Olga A. "Prospective model of organization of self-regulation in the banking market." Gosudarstvo i pravo, no. 11 (2022): 131. http://dx.doi.org/10.31857/s102694520017209-0.

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Self-regulation is an indispensable element of market relations that facilitates state management of the market and increases competition between business entities. However, due to specific character of the banking market there are peculiarities of a legal regime, and a legislator’s approach to self-regulating is only outlined. This paper focuses on a prospective model of self-regulating in the banking market. At the same time, it points out legal gaps in self-regulating regulatory windows (in part of rulemaking, scope of delegated authority, and composition of the Bank of Russia’s Committee o

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Svetlana S., Tropskaya. "Legal Regulation of Banking Supervision: Questions of Theory and Practice." Rossijskoe pravosudie, no. 4 (March 14, 2023): 101–5. http://dx.doi.org/10.37399/issn2072-909x.2023.4.101-105.

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The article examines the essential features of banking supervision: one of the directions of public financial activity; implementation by a subject performing the functions of a state body (the Bank of Russia) in relation to certain entities – credit institutions; during banking supervision, compliance of the activities of supervised entities with the norms of banking legislation and acts of the Bank of Russia is assessed; has specific goals; is regulated by the norms of financial law. The definition of banking supervision is formulated and the main powers of the Bank of Russia in this area ar

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Bakalinska, Olga O., and Hanna M. Shovkoplias. "Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services." Problems of legality 164 (2024) (May 10, 2024): 106–19. https://doi.org/10.21564/2414-990X.164.301104.

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The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission’s activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialecti

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Ermakova, Elena P. "ESG-banking in Russia and the European Union: concept and problems of legal regulation." Gosudarstvo i pravo, no. 7 (2021): 161. http://dx.doi.org/10.31857/s102694520016188-7.

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The article presents the author&apos;s view of the current situation with the regulation of ESG-banking in Russia and the European Union. According to the author, the ESG-banking business model is the conduct of banking business in accordance with the sustainable development standards enshrined in the UN. At the national level, ESG-banking must comply with taxonomy parameters. Taxonomy provides for the identification and classification of phenomena and processes to assess the results of ESG-banking. The author came to the following conclusions: 1) there is currently no established internat

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Moldakmatov, Asylbek, Zura Chikeyeva, and Asel Kurmanalieva. "Comparative analysis of Islamic banking regulation in Kyrgyzstan and Central Asian countries." Social Legal Studios 7, no. 1 (2024): 74–86. http://dx.doi.org/10.32518/sals1.2024.74.

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The Islamic banking regulation plays a key role in ensuring the development of this type of financial activity, especially for countries with a predominantly Muslim population, such as the Kyrgyz Republic and other Central Asian countries, in particular the Republic of Kazakhstan and the Republic of Tajikistan. Therefore, the study aims to analyse and compare the peculiarities of the legal framework that regulates the activities of Islamic banks. Legal analysis, statistical analysis, grouping, generalisation, comparison, and abstract and logical thinking methods were used in the article. The i

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Alkaise, Mohamed, Mohammed A. Sulaiman, and Fadoua Kahouaji. "Challenges Facing Electronic Banking Supervision Comparative Legal Study." Journal of Lifestyle and SDGs Review 4, no. 4 (2024): e03547. http://dx.doi.org/10.47172/2965-730x.sdgsreview.v4.n04.pe03547.

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Objectives: The primary objective of this research is to examine the impact of the widespread adoption of electronic commerce, particularly in the banking sector, and to identify the advantages and challenges associated with this transition. As electronic banking continues to replace traditional banking methods, understanding the implications and potential issues becomes essential to support the growth and effectiveness of these systems. Methods: This study will analyze data on the adoption and growth of electronic banking, alongside identifying common issues that arise from its implementation

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Sheludko, Sergii. "Sources of Legal Regulation of Compliance in Ukrainian Banks." Law and innovations, no. 2 (42) (June 25, 2023): 34–40. http://dx.doi.org/10.37772/2518-1718-2023-2(42)-4.

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Problem setting. The banking sector plays a crucial role in the economy and therefore needs to function in a comprehensive and effective legal environment. In order to monitor compliance with current requirements, banks organize compliance offices, whose activities are regulated by numerous scattered provisions of national and international law. Analysis of recent researches and publications. The legal regulation of banking activity is constantly becoming the center of attention of practitioners, government experts and scientists, in particular E. Dmytrenko, L. Kasianenko, I. Tovkun. The legal

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Nakonechna, Alyona. "Control in the field of banking activity: problems, prospects of development and legal regulation." Visegrad Journal on Human Rights, no. 2 (July 15, 2024): 84–90. http://dx.doi.org/10.61345/1339-7915.2024.2.15.

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The aim of the work is to study the problems of control in the field of banking. During the writing of the work, the concept, essence and content of the concept of control in the field of banking activity are studied. By working through a large number of works of scientists on this issue and using the method of comparison and analysis, ways to overcome more significant shortcomings have been identified. The most effective ways to solve the problem, which consist in the integration and differentiation of banking legislation, have been found. The process of integration of banking legislation, in

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Supriatna, Ucu. "KEWENANGAN OTORITAS JASA KEUANGAN DI BIDANG PERBANKAN DALAM MEWUJUDKAN KEPASTIAN HUKUM." Jurnal Ilmu Keuangan dan Perbankan (JIKA) 7, no. 2 (2019): 7–18. http://dx.doi.org/10.34010/jika.v7i2.1911.

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National banking is one of the main pillars in national economic development, and is expected to be an agent of development in achieving national goals, so that required a strong and professional institutions in the regulation and supervision of the banking and independent of the intervention of other parties. discusses the authority of the Financial Services Authority in conducting banking regulatory and supervision in Indonesia with the principles of legal certainty, the relationship between the Financial Services Authority and Bank Indonesia in regulating and supervising the banking and OJK

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Polontoh, Herry, and Sinta Suwarti Silambi. "ANALYSIS OF LEGAL PROTECTION OF BANKING CUSTOMER DATA IN REVIEW OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION." MSJ : Majority Science Journal 2, no. 1 (2024): 416–23. http://dx.doi.org/10.61942/msj.v2i1.117.

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The protection of banking customer data is increasingly important along with the advancement of information technology and the adoption of electronic banking services by the public. Although Law No. 8/1999 on Consumer Protection (UUPK) already exists, it only regulates consumer protection in general and does not specifically regulate the protection of banking customer data. In practice, the implementation of the GCPL is also limited due to the lack of sanctions for customer data breaches. Therefore, this paper examines the international standard personal data regulation that refers to the Gene

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Khyzhnyak, Anastasia. "SOURCES OF CIVIL LEGAL REGULATION OF BANKING SECRETS." Knowledge, Education, Law, Management 2, no. 3 (2021): 212–16. http://dx.doi.org/10.51647/kelm.2021.3.2.33.

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Жигало, Е. А. "Remote banking services (RBS): problems of legal regulation." International Law Journal 7, no. 3 (2024): 199–203. http://dx.doi.org/10.58224/2658-5693-2024-7-3-199-203.

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в данной статье раскрываются актуальные вопросы и правовые проблемы, связанные с использованием и применением дистанционного банковского обслуживания (далее по тексту – ДБО). Уделено отдельное внимание анализу судебной практики по указанной теме. На основе полученных результатов были обозначены такие дискуссионные проблемы как: отсутствие должного правового регулирования (в особенности в части существующих коллизий правовых норм; отсутствия способов правовой защиты для «слабой» стороны договора (клиента)); стремительное увеличение числа мошеннических схем с использованием инструментов ДБО; низ

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Svidunovich, Tatiana V., and Yulia N. Kovalenko. "ASSESSMENT OF THE REGULATORY AND LEGAL REGULATION OF THE BANKING SECTOR OF THE ECONOMY." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 2/7, no. 155 (2025): 136–42. https://doi.org/10.36871/ek.up.p.r.2025.02.07.017.

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The modern banking system of the Russian Federation is a complex, dynamically developing mechanism, the effectiveness of which directly depends on the quality and relevance of regulatory regulation. The article discusses the issues of legislative and regulatory regulation of banks, evaluates the instructions and regulations of the Bank of Russia available in practice, and provides possible options for updating the range of banking products and services. The authors conducted an assessment of market practices regarding the sale of individual products and services of banks. The methodological co

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Salwatun Aslamia, Ahmed Fatir Sadikin, Muhammad Agil Saputra, Yeni Yulia Kusuma, Tiana Nataza, and Rangga Okrio Saputra. "REGULATION, SUPERVISION, AND IMPLEMENTATION OF SHARIA PRINCIPLES IN BANKING BY OJK (ANALYSIS OF LEGAL ASPECTS AND CHALLENGES)." Indonesian Journal of Multidisciplinary Sciences (IJoMS) 2, no. 2 (2023): 264–74. http://dx.doi.org/10.59066/ijoms.v2i2.344.

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Banking institutions play an important role in the economic development of the country. Banks are intermediary institutions that cannot be separated from people's lives. Sharia banking is part of the existing banking system in Indonesia which has its own challenges in implementing sharia principles and maintaining its stability. Prior to the establishment of OJK (Financial Services Authority), Bank Indonesia had full authority in supervising the financial services industry, including banking. The Financial Services Authority was established as an answer to problems that arose in the banking se

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NABILOU, Hossein, and André PRÜM. "Shadow Banking in Europe: Idiosyncrasies and their Implications for Regulation." European Journal of Risk Regulation 10, no. 4 (2019): 781–810. http://dx.doi.org/10.1017/err.2019.53.

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This paper studies the specificities of shadow banking in Europe. It highlights striking differences between the EU and the US shadow banking sectors based on both market structure and legal micro-infrastructure of the shadow banking sectors in these two jurisdictions. It argues that these different institutional and legal infrastructures, as well as the different trajectories in the evolution of the shadow banking sectors in terms of business models, size and composition of actors and transactions, can be the driving force behind the differential regulatory treatment of shadow banking across

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Ali, AL-JAF Mohammed Omer. "Legal Regulation of Iraqi Bank Deposit Guarantee Company." International Journal of Science and Business 5, no. 5 (2021): 110–19. https://doi.org/10.5281/zenodo.4650468.

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This is a doctrinal study into identifying the position of the Iraqi banking system in terms of protection of the rights of the depositors as well as identifying the provisions of guarantee for depositors in the event the banks declare bankruptcy. This paper illustrates bank deposit guarantee in Iraq. it focuses on the Iraq Regulation no 33 of 2016 where it specifies the Iraqi company named Iraqi Deposit Insurance Company (IDIC). This company is established as the juridical company; The main purpose of this company is related to its very importance as they must do its business properly in comp

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Mujib, Abdul. "DINAMIKA HUKUM DAN PERKEMBANGAN PERBANKAN ISLAM DI INDONESIA." Al-Ahkam 23, no. 2 (2013): 167. http://dx.doi.org/10.21580/ahkam.2013.23.2.21.

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Almost all countries in the world including Indonesia give serious attention to the existence of Islamic banking that using religion approach in all activities and services. Institutional development it should be followed by the availability of legal basis, which is an established and clear. During the six years of its inception, the Islamic banking law stands with a very limited law basis, although the limitations of regulations have been describing aspects of sharia in Islamic banking for sure. The improvement of law is done by replacing Law No. 7 of 1992 by the Law No. 10 of 1998. This law

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Ohiro, Oghomwen Rita, and Keseme Phillip Odudu. "REGULATION OF OPEN BANKING IN NIGERIA: BALANCING INNOVATION AND PRIVACY." ABUAD Private and Business Law Journal 3, no. 1 (2019): 55–81. http://dx.doi.org/10.53982/apblj.2019.0301.04-j.

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Open banking has become a game-changing strategy in the financial sector, aimed at improving innovation, competition, and overall customer experience. This study explores the possibility of introducing technological advancements in banking through open banking systems while ensuring privacy protection. It examines the legal aspects of regulating open banking in Nigeria and emphasizes the importance of achieving a balanced approach that encourages innovation while maintaining rigorous regulatory standards. This paper employs a doctrinal research methodology, combining legal analysis and compara

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Bakalinska, Olga, and Hanna Shovkoplias. "Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services." Problems of legality 1, no. 164 (2024): 106–19. http://dx.doi.org/10.21564/2414-990x.164.301104.

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The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical me

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Gimigliano, Gabriella. "Investigating Islamic banking in Italy." International Journal of Islamic and Middle Eastern Finance and Management 9, no. 3 (2016): 364–87. http://dx.doi.org/10.1108/imefm-07-2015-0078.

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Purpose The purpose of this paper is to contribute to the existing body of work in the area of Islamic banking by investigating the regulatory accommodation process of Islamic banking in Italy. Design/methodology/approach The method used is essentially based upon an analysis of laws, regulations and jurisprudence/legal doctrine. Findings In Italy, where Muslim represent, from a religious point of view, the second largest immigrant community, no Shari’a-compliant institution has been authorised yet, but no legal obstacle is laid down. Research limitations/implications The paper examines the acc

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Hidayah, Nur, Haryatih Haryatih, and Rihadatul Aisy Kamilah. "Islam and the State: The Evolution of Sharia Banking Regulation in Indonesia." Mazahib 23, no. 2 (2024): 727–68. https://doi.org/10.21093/mj.v23i2.9335.

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The interplay of social, economic, and political dynamics influences the legal development of Sharia banking regulations. This study aims to analyze the evolution of Sharia banking regulations in Indonesia from their inception to the most recent developments. Using a juridical-legal approach, the research identifies five key phases in the development of Sharia banking regulations in Indonesia: initial, introduction, recognition, purification, and relaxation phases. Such regulatory changes have resulted from the negotiations among various stakeholders to reconcile the ideals of Sharia finance w

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ZLEPKO, Nazar. "The problem of institutionalization of the circle of special legal regimes of banking activities." Economics. Finances. Law 4/2024, no. - (2024): 146–50. http://dx.doi.org/10.37634/efp.2024.4.30.

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The paper examines the institutional mechanism of formation of the legal system of banking institutions in Ukraine. The relevance of studying this issue is determined by the fact that legal regulation of banking activity is one of the most important functions of the state. It has been proven that in the conditions of martial law it is especially important to reduce the risks and problems of the institutionalization process. The purpose of the paper is to study the ways of minimizing the risks of legal actions of banks of Ukraine in the conditions of martial law. The methodology includes the so

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Sudiyana and Devi Andani. "Optimizing The Empowerment Of Mediation Institutions In Banking Dispute Resolution In Indonesia." Journal of Private and Commercial Law 8, no. 2 (2025): 129–57. https://doi.org/10.15294/jpcl.v8i2.23699.

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The development of the banking business in the digitalization era is increasingly complex, which has the potential to cause disputes with a variety of legal issues. This writing aims to examine and analyze how to empower mediation institutions in resolving business disputes in Indonesia. This writing method is included In the provisions of laws and regulations both in the Civil Code, the Law on Banking, Law Number 30 of 1999 concerning Alternative Dispute Resolution and Arbitration, including technical regulations at the Judicial level such as Supreme Court Regulation Number 1 of 2016 regardin

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Nasution, Raissa Avila, Budiman Ginting, Mahmul Siregar, and Tengku Keizerina Devi Azwar. "Perlindungan Hukum Terhadap Data Pribadi Nasabah Layanan Perbankan Setelah Berlakunya Peraturan Otoritas Jasa Keuangan (POJK) Nomor 6/Pojk.O7/2022." Journal of Education, Humaniora and Social Sciences (JEHSS) 7, no. 1 (2024): 71–78. https://doi.org/10.34007/jehss.v7i1.2292.

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This article or writing aims to analyze the legal protection of personal data for banking customer services and analyze the resolution of the problem of leakage and protection of customer data after the enactment of financial services authority regulation (POJK) Number 6/Pojk.O7/2022. The problem focuses on the Financial Services Authority (OJK) regulations and the Personal Data Protection Law (UU PDP). Data was collected using a normative approach, using primary (laws, regulations), secondary (legal literature), and tertiary (legal encyclopedia) legal materials, and analyzed qualitatively. Th

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Budiman, Haris, Suwari Akhmaddhian, Bias Lintang Dialog, Dikha Anugrah, and Adam Banyu Fernanda. "Perlindungan Hukum Bagi Nasabah dalam Perjanjian Kredit Bank terkait Risiko yang Timbul Akibat Pandemi Covid-19." Jurnal Bedah Hukum 8, no. 1 (2024): 280–95. http://dx.doi.org/10.36596/jbh.v8i1.1328.

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In the era of modern economic life, banking institutions in Indonesia have a very crucial role in the national financial system. Services provided by the bank to the public are money transfer services, collection services, savings and loan services and others. The condition of the banking world in Indonesia has undergone many changes from time to time. This study aims to find out how to regulate legal protection for bank customers and how to form legal protection for customers in credit agreements related to risks arising from the covid-19 pandemic. This study uses a juridical-normative resear

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Situmeang, Ampuan, Hari Sutra Disemadi, and Irvan Ricardo Marsudi. "Contextualizing Consumer Data Protection within the Operational Principles of Banking: A Legal Inquiry." Legal Spirit 8, no. 2 (2024): 365–78. http://dx.doi.org/10.31328/ls.v8i2.5458.

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This research aims to analyze the regulatory framework for the implementation of operational principles in banking as an effort to protect consumer data in Indonesia. The research method employed is normative legal research with a legislative approach to analyze banking regulations. This study involves the analysis of secondary data. The results indicate that the regulation of the implementation of operational principles in Indonesian banking has provided legal certainty in the protection of consumer data. Banks in Indonesia are mandated to maintain the confidentiality of consumer data, enhanc

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Rina El Maza, Rina El Maza, Yuyun Yunarti Yuyun Yunarti, Nazeri Nazeri, and Rahmat Hidayat Rahmat Hidayat. "Sharia Economic Law Regulation on The Development of Sharia Financial Institutions in Indonesia." Journal of Social Work and Science Education 3, no. 2 (2022): 154–67. http://dx.doi.org/10.52690/jswse.v3i2.290.

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The analysis of this study aims to provide an objective description and suggest to be able to strengthen and optimize related to the regulation of financial institutions or Islamic banking. In this case, the researcher uses a normative juridical method whose research refers to the rules or regulations of law as reference data which is analyzed with a qualitative description pattern. And the result is that this research illustrates that legal regulations play a role in the development, empowerment and establishment of the regulation of Islamic economic or financial institutions. The implication

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Sokolova, Elena, and Aleksej Tyumenev. "Islamic Banking in Russia: Implementation Experience and the Problems of Constitutional and Legal Regulation." Academic Law Journal 25, no. 2 (2024): 233–40. https://doi.org/10.17150/1819-0928.2024.25(2).233-240.

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The article attempts to define the content of the concept of Islamic banking as a financial and legal phenomenon, an experiment on the introduction of which started in Russia on September 1, 2023, and also to consider the legal conditions for the implementation of the principles of Islamic finance in the domestic legal space. The term “Islamic financial system” appeared in the mid-1980s to denote a new way of organizing financial relations based on Sharia and proved its right to exist during the financial and economic crisis of the early XXI century. Currently, Islamic banks carry out traditio

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