INDEPENDENSI OTORITAS JASA KEUANGAN (OJK) PASCA UNDANG-UNDANG PENGEMBANGAN DAN PENGUATAN SEKTOR KEUANGAN PERSPEKTIF SIYASAH DUSTURIYAH

Muhammad Taqi Nabilul Lubab, NIM.: 20103070024 (2024) INDEPENDENSI OTORITAS JASA KEUANGAN (OJK) PASCA UNDANG-UNDANG PENGEMBANGAN DAN PENGUATAN SEKTOR KEUANGAN PERSPEKTIF SIYASAH DUSTURIYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Amendments to Law Number 21 of 2011 concerning the Financial Services Authority (UU OJK) which was amended by Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU PPSK) have implications for the position of several institutions in the financial sector, one of which is the Financial Services Authority (OJK). OJK as an independent state institution is suspected of having its independence eroded after the amendment. Based on these allegations, this research draws 2 (two) problem formulations. First, what is the position of the Financial Services Authority (OJK) before and after the Law on the Development and Strengthening of the Financial Services Sector of 2023. Second, what are the implications of the shift in the position of the Financial Services Authority (OJK) after the Law on the Development and Strengthening of the Financial Services Sector of 2023? siyasah dusturiyah. This research uses normative juridical research or normative legal research with descriptive analysis. This research approach uses a statutory and conceptual approach. The data source used is a secondary data source consisting of primary, secondary and tertiary legal materials. Data sources were collected by means of documentation or literature study. Then the research data was analyzed using inductive techniques. The results of this research are as follows. First, OJK's position as an independent state institution has changed after the PPSK Law. This change can be explained by the close relationship between the OJK and the executive and legislative institutions. Second, changes in the position of the OJK after the PPSK Law have implications for the independence of the OJK. This can be explained by the stronger authority of the chairman of the OJK DK and an election mechanism that is too politically charged which has implications for the erosion of independence caused by the potential for stronger tug-of-war interests in the OJK DK election process. Apart from that, the increasingly strong position of the Minister of Finance in the KSSK forum has also led to the erosion of the OJK's independence. These two indications are not in accordance with the principles of siyasa, namely regarding the responsibility of a leader and equality.

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