TINJAUAN YURIDIS TERHADAP PENETAPAN BANK GAGAL BERDAMPAK SISTEMIK TERKAIT KEWENANGAN BANK INDONESIA SEBAGAI BANK SENTRAL YANG INDEPENDEN

The determination of Systemic Bank Failure, raises a variety of issues, one of which is the criteria of Systemic Bank Failure which is not clearly stipulated in the legislation. This research was used normative method through library research, which aims: (1) To identify and analyze the legally relevant criteria of Systemic Bank Failure, (2) To identify and analyze whether needed or not the criteria of Systemic Bank Failure expressly regulated provided in the legislation, and (3) To determine and analyze the importance of the role of institutions in determining the Systemic Bank Failure. The result of this research found that: (1) The criteria of Systemic Bank Failure was not expressly provided in the legislation, this is due, to formulate these criteria requires in-depth analysis of various factors, (2) Legal arrangements of Criteria Systemic Bank Failure, is not required to be set out clearly in the rules and regulations, consider the development of highly-situational economy that can cause new indicators, and can lead to moral hazard, (3) Bank Indonesia as an independent Central Bank requires the role of other agencies to achieve the goal of creating and maintaining monetary stability in Indonesia, in addition to the position of banking institutions are important in the national economy, makes the banking institutions need to be maintained its existence