Papers by Kukuh Komandoko
The precautionary principle has the potential and essential role concerning specific fields to be... more The precautionary principle has the potential and essential role concerning specific fields to be applied more broadly and understood as an alternative approach in making decisions in the face of dangerous and uncertain threats. Thus, it is possible to use the precautionary principle approach in the financial system crisis prevention and or management framework. This article will discuss the precautionary principle and its possibility to use in the financial system crisis prevention and management framework. The discussion was carried out against the background of Indonesia's monetary and banking crisis in 1997-1998. The crisis has provided experience as well as empirical knowledge that is useful for Indonesia to build a system of prevention and handling of financial and banking crises. Included in this case is the research on the precautionary principle in crisis prevention and handling to be important. The main point is the possibility of applying the precautionary principle as an approach to overcoming the legal gap that occurs when there are legal issues.
Journal of Law, Policy and Globalization, 2021
A crisis or depression, one significant unfortunate event, often happens without warning or prepa... more A crisis or depression, one significant unfortunate event, often happens without warning or preparation and cannot be ignored. Likewise, the threat of a financial crisis is a risk that concerns dangers in a state's economic and political stability. A financial crisis may cause a market and public panic that brings irrational actions. If not prevented or mitigated immediately, a financial crisis can cause a state's economic and political stability to collapse. It becomes very dangerous if the state does not have normative rules governing financial crisis prevention and mitigation. In this case, the president, as the head of the executive, must take a prerogative power to prevent or mitigate the financial crisis. This is the background of why a precautionary principle is needed in prerogative power when dealing with a financial crisis. The precautionary principle is used to deal with emergency hazards in the environmental fields, but lately, it has been widely used in many fields, including biotechnology and health. In general, the precautionary principle is understood as making decisions in encountering threats or situations that are dangerous and uncertain. With the background of Indonesia's empirical experience in overcoming the financial crisis of 1997-1998, this article will focus on the notion of implementing the precautionary principle within prerogative power and its prospects to overcome the threat of financial crises.
Microeconomics: Decision-Making under Risk & Uncertainty eJournal, 2020
The theory of the precautionary principle has developed. In its implementation, the precautionary... more The theory of the precautionary principle has developed. In its implementation, the precautionary principle is used to deal with hazards in the environmental fields and has been widely used in health and food technology. In general, the precautionary principle is understood as making decisions in encountering threats or situations that are dangerous and uncertain. Likewise, the financial and banking crisis is a phenomenon that dangerous and often threatens the stability of a state. In extreme cases, crises create a panic that makes no sense or can even be made the economy of the state to collapse. This article will discuss the precautionary principle theory and its role in mitigating the threat of a financial and banking crisis.
Journal of Law, Policy and Globalization Vol. 105, 2021
A crisis or depression, one significant unfortunate event, often happens without warning or prepa... more A crisis or depression, one significant unfortunate event, often happens without warning or preparation and cannot be ignored. Likewise, the threat of a financial crisis is a risk that concerns dangers in a state's economic and political stability. A financial crisis may cause a market and public panic that brings irrational actions. If not prevented or mitigated immediately, a financial crisis can cause a state's economic and political stability to collapse. It becomes very dangerous if the state does not have normative rules governing financial crisis prevention and mitigation. In this case, the president, as the head of the executive, must take a prerogative power to prevent or mitigate the financial crisis. This is the background of why a precautionary principle is needed in prerogative power when dealing with a financial crisis. The precautionary principle is used to deal with emergency hazards in the environmental fields, but lately, it has been widely used in many fie...
Journal of Law, Policy and Globalization Vol. 105, 2021
A crisis or depression, one significant unfortunate event, often happens without warning or prepa... more A crisis or depression, one significant unfortunate event, often happens without warning or preparation and cannot be ignored. Likewise, the threat of a financial crisis is a risk that concerns dangers in a state's economic and political stability. A financial crisis may cause a market and public panic that brings irrational actions. If not prevented or mitigated immediately, a financial crisis can cause a state's economic and political stability to collapse. It becomes very dangerous if the state does not have normative rules governing financial crisis prevention and mitigation. In this case, the president, as the head of the executive, must take a prerogative power to prevent or mitigate the financial crisis. This is the background of why a precautionary principle is needed in prerogative power when dealing with a financial crisis. The precautionary principle is used to deal with emergency hazards in the environmental fields, but lately, it has been widely used in many fields, including biotechnology and health. In general, the precautionary principle is understood as making decisions in encountering threats or situations that are dangerous and uncertain. With the background of Indonesia's empirical experience in overcoming the financial crisis of 1997-1998, this article will focus on the notion of implementing the precautionary principle within prerogative power and its prospects to overcome the threat of financial crises.
Jurnal Hukum dan Pasar Modal, Vol. VIII, Issue No. 14, hlm. 70-86, 2017
Abstrak Pada tahun 2016, UU No. 9 Tahun 2016 mengenai Pencegahan dan Penanganan Krisis Sistem Keu... more Abstrak Pada tahun 2016, UU No. 9 Tahun 2016 mengenai Pencegahan dan Penanganan Krisis Sistem Keuangan (selanjutnya disebut "UU PPKSK") diundangkan dengan mengusung beberapa hal penting, diantaranya adalah kebijakan penggunaan purchase and assumption (P&A) serta pembentukan bank perantara (bridge bank). Pasal 22 UU PPKSK mengatur bahwa penanganan permasalahan solvabilitas bank gagal oleh Lembaga Penjamin Simpanan dapat dilakukan diantaranya dengan mengalihkan sebagian atau seluruh aset dan/atau kewajiban bank gagal kepada bank penerima atau bank perantara. Pengalihan aset dan/atau kewajiban dengan menggunakan metode P&A saat ini dianggap sebagai metode yang paling efisien dalam menyelesaikan permasalahan solvabilitas bank. P&A dalam hal ini dilakukan dengan cara melibatkan suatu bank penerima yang membeli sebagian atau seluruh aset sekaligus mengambil alih sebagian atau seluruh kewajiban bank gagal. Kata kunci: UU No 9/2016, Purchase and assumption, Perbankan, Solvabilitas, Pencegahan Krisis.
Advances in Social Science, Education and Humanities Research, volume 499, Atlantis Press, 2020
The precautionary principle has the potential and essential role concerning specific fields to be... more The precautionary principle has the potential and essential role concerning specific fields to be applied more broadly and understood as an alternative approach in making decisions in the face of dangerous and uncertain threats. Thus, it is possible to use the precautionary principle approach in the financial system crisis prevention and or management framework. This article will discuss the precautionary principle and its possibility to use in the financial system crisis prevention and management framework. The discussion was carried out against the background of Indonesia's monetary and banking crisis in 1997-1998. The crisis has provided experience as well as empirical knowledge that is useful for Indonesia to build a system of prevention and handling of financial and banking crises. Included in this case is the research on the precautionary principle in crisis prevention and handling to be important. The main point is the possibility of applying the precautionary principle as an approach to overcoming the legal gap that occurs when there are legal issues.
International Journal of Innovative Science and Research Technology, 2020
The theory of the precautionary principle has developed. In its implementation, the precautionary... more The theory of the precautionary principle has developed. In its implementation, the precautionary principle is used to deal with hazards in the environmental fields and has been widely used in health and food technology.In general, the precautionary principle is understood as making decisions in encountering threats or situations that are dangerous and uncertain. Likewise, the financial and banking crisis is a phenomenon that dangerous and often threatens the stability of a state. In extreme cases, crises create a panic that makes no sense or can even be made an economic of the state to collapse.This article will discuss the precautionary principle theory and its rolein mitigating the threat of a financial and banking crisis.
Jurnal Hukum dan Pasar Modal, Vol. VIII, Issue No. 16, hlm. 27-44 , 2018
In January 2016, the World Economic Forum (WEF) raised an annual topic of the fourth industrial r... more In January 2016, the World Economic Forum (WEF) raised an annual topic of the fourth industrial revolution. Since then the term Industrial Revolution 4.0 has become a discourse material of its own. The Government of Indonesia, through the Ministry of Industry has designed Making Indonesia 4.0 as a strategy roadmap to face the Industrial Revolution 4.0. Implementation of the strategy will involve several stakeholders, including the Capital Market Legal Consultant. As one of the supporting professions, the Capital Market Legal Consultant has professional responsibility in performing its obligations and has Professional Standards related to the principles that must be applied in carrying out its obligations. This article discusses the importance of Professional Standards for Capital Market Legal Consultants, particularly the improvement of Professional Standards and its relation to the Industrial Revolution 4.0 which has an impact on financial sector and services in Indonesia.
Keywords:
Legal Consultant, Standard of Professional Conduct, Financial Industry, Industrial Revolution 4.0, Supporting Profession.
Jurnal Hukum dan Pasar Modal, Vol. VII, Issue No. 11, 2016
Pertumbuhan ekonomi pada kuartal I 2015 masih belum bergerak signifikan dari angka 4,7% dan melam... more Pertumbuhan ekonomi pada kuartal I 2015 masih belum bergerak signifikan dari angka 4,7% dan melambatnya ekonomi menyebabkan roda bisnis perusahaan terganggu sehingga tidak bisa membayar kewajiban keuangannya yang telah jatuh tempo. Secara umum, keadaan ini menimbulkan sengketa bisnis dan menyebabkan naiknya permohonan pailit dan Penundaan Kewajiban Pembayaran Utang (PKPU) di Pengadilan Niaga pada Pengadilan Negeri Jakarta Pusat.
Sedikit ulasan mengenai atribusi, delegasi dan mandat dalam pelaksanaan tugas pemerintahan
The bill of Law of MFI regulate the Indonesian microfinance institutions, which is to regulate th... more The bill of Law of MFI regulate the Indonesian microfinance institutions, which is to regulate the types of Microfinance Institutions, ownership, business activities, legal entity, protection to customers, supervision, and sanctions
Dengan berlakunya Undang-Undang OJK, sistem jasa keuangan di Indonesia menjadi lebih terintegrasi... more Dengan berlakunya Undang-Undang OJK, sistem jasa keuangan di Indonesia menjadi lebih terintegrasi, maju dan memberikan perlindungan yang lebih bagi konsumen lembaga jasa keuangan.
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Papers by Kukuh Komandoko
Keywords:
Legal Consultant, Standard of Professional Conduct, Financial Industry, Industrial Revolution 4.0, Supporting Profession.
Keywords:
Legal Consultant, Standard of Professional Conduct, Financial Industry, Industrial Revolution 4.0, Supporting Profession.