{"title":"印尼中央银行有限责任公司(PT. Central asian Bank Tbk的研究)对资产负债表所有者(BENEFICIAL OWNERSHIP)的监管审查(BENEFICIAL OWNERSHIP)","authors":"Achmad Dzulfadli Firdaus, A. Sulaiman","doi":"10.15408/jlr.v4i6.22549","DOIUrl":null,"url":null,"abstract":"Beneficial Owner is the concept of property ownership in the common law legal system which has 2 (two) types of property ownership, namely legal and beneficial. Indonesia as a country with a civil law legal system does not recognize beneficial ownership, and only recognizes legal ownership. Thus, the Regulation of Beneficiaries in Presidential Regulation Number 13 of 2018 concerning Application of the Recommendation of the Principle of Recognizing the Beneficial Owners of Corporations in the Context of Prevention and Eradication of the Crime of Money Laundering and Terrorism Financing Measures must be reviewed against the provisions of the ownership of the existing Banking Limited Liability Company. The purpose of this study is to explain the regulation of the Beneficiary on the provisions of the ownership of a Banking Limited Liability Company in Indonesia and specifically the ownership of PT Bank Central Asia Tbk.This study uses a type of qualitative research that is descriptive analysis using a normative research approach. This research was conducted using library research, where there are elements of a statutory approach using positive law in Indonesia and a conceptual approach. The regulations in this study are regarding the Beneficial Owner and Banking Limited Liability Company.The results of the study show that there is a discrepancy between the Beneficial Owners arrangement and Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 25 of 2007 concerning Investment and Financial Services Authority Regulation Number 39/POJK.03/2017 concerning Sole Proprietorship in Indonesian Banking . Furthermore, the criteria for Beneficial Owners in the ownership of PT Bank Central Asia Tbk are PT Investama Andalan which is owned by Robert Budi Hartono and Bambang Hartono who is the Controlling Shareholder of BCA. ","PeriodicalId":40374,"journal":{"name":"ATA Journal of Legal Tax Research","volume":"33 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"TINJAUAN PENGATURAN PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) TERHADAP KEPEMILIKAN PERSEROAN TERBATAS PERBANKAN DI INDONESIA (Studi PT. Bank Central Asia Tbk)\",\"authors\":\"Achmad Dzulfadli Firdaus, A. Sulaiman\",\"doi\":\"10.15408/jlr.v4i6.22549\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Beneficial Owner is the concept of property ownership in the common law legal system which has 2 (two) types of property ownership, namely legal and beneficial. Indonesia as a country with a civil law legal system does not recognize beneficial ownership, and only recognizes legal ownership. Thus, the Regulation of Beneficiaries in Presidential Regulation Number 13 of 2018 concerning Application of the Recommendation of the Principle of Recognizing the Beneficial Owners of Corporations in the Context of Prevention and Eradication of the Crime of Money Laundering and Terrorism Financing Measures must be reviewed against the provisions of the ownership of the existing Banking Limited Liability Company. The purpose of this study is to explain the regulation of the Beneficiary on the provisions of the ownership of a Banking Limited Liability Company in Indonesia and specifically the ownership of PT Bank Central Asia Tbk.This study uses a type of qualitative research that is descriptive analysis using a normative research approach. This research was conducted using library research, where there are elements of a statutory approach using positive law in Indonesia and a conceptual approach. The regulations in this study are regarding the Beneficial Owner and Banking Limited Liability Company.The results of the study show that there is a discrepancy between the Beneficial Owners arrangement and Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 25 of 2007 concerning Investment and Financial Services Authority Regulation Number 39/POJK.03/2017 concerning Sole Proprietorship in Indonesian Banking . Furthermore, the criteria for Beneficial Owners in the ownership of PT Bank Central Asia Tbk are PT Investama Andalan which is owned by Robert Budi Hartono and Bambang Hartono who is the Controlling Shareholder of BCA. \",\"PeriodicalId\":40374,\"journal\":{\"name\":\"ATA Journal of Legal Tax Research\",\"volume\":\"33 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2022-11-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"ATA Journal of Legal Tax Research\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.15408/jlr.v4i6.22549\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"BUSINESS, FINANCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"ATA Journal of Legal Tax Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15408/jlr.v4i6.22549","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"BUSINESS, FINANCE","Score":null,"Total":0}
引用次数: 1
摘要
受益所有人是英美法系财产所有权的概念,有两种类型的财产所有权,即合法财产所有权和受益财产所有权。印尼作为大陆法系国家,不承认实益所有权,只承认合法所有权。因此,必须根据现有银行有限责任公司所有权的规定对2018年第13号总统条例中的受益人规定进行审查,该条例涉及在预防和消除洗钱和恐怖主义融资措施的背景下适用承认公司受益所有人原则的建议。本研究的目的是解释受益人对印度尼西亚银行有限责任公司所有权条款的规定,特别是PT银行中亚Tbk的所有权。本研究使用了一种定性研究,即使用规范研究方法的描述性分析。这项研究是通过图书馆研究进行的,其中有印度尼西亚使用成文法和概念性方法的成文法方法的要素。本研究中的规定是关于受益所有人和银行有限责任公司的。研究结果表明,受益所有人安排与2007年关于有限责任公司的第40号法律、2007年关于投资和金融服务管理局第39/POJK号法规的第25号法律之间存在差异。2017年3月,关于印尼银行业独资企业。此外,PT Bank Central Asia Tbk所有权的受益所有人标准是由Robert Budi Hartono和BCA控股股东Bambang Hartono拥有的PT Investama Andalan。
TINJAUAN PENGATURAN PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) TERHADAP KEPEMILIKAN PERSEROAN TERBATAS PERBANKAN DI INDONESIA (Studi PT. Bank Central Asia Tbk)
Beneficial Owner is the concept of property ownership in the common law legal system which has 2 (two) types of property ownership, namely legal and beneficial. Indonesia as a country with a civil law legal system does not recognize beneficial ownership, and only recognizes legal ownership. Thus, the Regulation of Beneficiaries in Presidential Regulation Number 13 of 2018 concerning Application of the Recommendation of the Principle of Recognizing the Beneficial Owners of Corporations in the Context of Prevention and Eradication of the Crime of Money Laundering and Terrorism Financing Measures must be reviewed against the provisions of the ownership of the existing Banking Limited Liability Company. The purpose of this study is to explain the regulation of the Beneficiary on the provisions of the ownership of a Banking Limited Liability Company in Indonesia and specifically the ownership of PT Bank Central Asia Tbk.This study uses a type of qualitative research that is descriptive analysis using a normative research approach. This research was conducted using library research, where there are elements of a statutory approach using positive law in Indonesia and a conceptual approach. The regulations in this study are regarding the Beneficial Owner and Banking Limited Liability Company.The results of the study show that there is a discrepancy between the Beneficial Owners arrangement and Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 25 of 2007 concerning Investment and Financial Services Authority Regulation Number 39/POJK.03/2017 concerning Sole Proprietorship in Indonesian Banking . Furthermore, the criteria for Beneficial Owners in the ownership of PT Bank Central Asia Tbk are PT Investama Andalan which is owned by Robert Budi Hartono and Bambang Hartono who is the Controlling Shareholder of BCA.