As a result of the legal issuance of the Financial Services Authority Regulation on the Obligation to Fulfill the Minimum Core Capital for the Existence of People's Economic Banks (Study on PT. People's Economic Bank Straightforward Dana Mandiri Padang)
Downloads
Article 13 of the Financial Services Authority Regulation (POJK) Number 5/POJK/03/2015 concerning Minimum Core Capital Provisions for People's Credit Banks has required all People's Credit Banks to fulfill the minimum core capital of Rp. 6 billion until the deadline ending December 31, 2024. Based on the above provisions, Bank Perkreditan Rakyat which does not have a core capital of Rp. 6 billion must find funds, including by selling its personal assets, looking for new investors and also for shareholders to sell their Bank Perkreditan Rakyat to other parties. The approach of this research is normative juridical supported by empirical juridical juridical The data used in this study are secondary data and primary data in the form of interviews. Based on the results of the research, the discussion and analysis were concluded. First, the legal consequences of the issuance of financial services authority regulations regarding the obligation to fulfill the minimum core capital for the existence of the People's Economic Bank are subject to administrative sanctions in the form of: 1) it is stated that the health level of BPR has decreased; 2) it is forbidden to open an office network; 3) it is prohibited to carry out Foreign Exchange Business Activities and electronic banking device services; 4) subject to restrictions on the area of disbursement of funds to one district that is the same as the location of the BPR office; 5) subject to remuneration restrictions or other forms equivalent to it to members of the Board of Commissioners and/or the Board of Directors of BPR, or in return to related parties, 6) revocation of BPR's operational license. Second, the obstacles faced in the implementation of the Financial Services Authority Regulation on the obligation to fulfill the minimum core capital by the People's Economic Bank are divided into two, namely: legal and non-legal constraints. Legal obstacles are 1) limited BPR business activities, 2) merger efforts (consolidation) can eliminate the historical traces of BPR Lugas Dana Mandiri, 3) takeover efforts have the potential to cause the relocation of BPR business locations, and non-legal obstacles, namely; 1) the financial ability of BPR shareholders, 2) the existence of sectoral egos in BPR merger efforts.
Annisa Arifka Sari, The Role of Financial Services Authorities in Supervising Financial Services in Indonesia, Supremacy: Jurnal Hukum, Volume 1, No. 1, 2018.
Bernard Arief Sidharta, Reflection on the Structure of Law, Mandar Maju, Bandung, 2000. Dasrol, the Strategic Function of the Financial Services Authority Institution in Banking Supervision
Deni Bustanul Arif, Dharu Triasih, The Concept of Minimizing the Revocation of Business Licenses of People's Credit Banks (BPR) by the Financial Services Authority (OJK), Journal of Humani (Law and Civil Society), Volume 11 No. 1, 2021.
Indira Retno Aryatie and Adityo Waskito Nugroho, Legal Consequences for Banks If Minimum Core Capital Obligations Are Not Met, Journal of the Legal Pulpit, Volume 22, Number 2, June 2021.
Ishaq, Basics of Law, Sinar Grafika Offset, Jakarta, 2012.
Journal of Accounting and Business Studies, Vol. 9, No.1, 2018.
Cashmere, Financial Statement Analysis, PT. Raja Grafindo Persada, Jakarta, 2012.
Lubna Faiqotul 'Ula and Veri Antoni, Juridical Analysis of Financial Services Authority Regulation Number 5/Pojk.03/2015 of 2015 concerning the Obligation to Provide Minimum Capital and Fulfill Minimum Core Capital in People's Credit Banks to Shareholders of People's Credit Banks (Case Study on PT BPR UGM), Thesis, Gadjah Mada University, 2018.
Marwan Mas, Introduction to Law, Ghalia Indonesia, Bogor, 2003.
Muhammad Syukri Albani Nasution, Law in a Philosophical Approach, Second Ctk., Kencana, Jakarta, 2017.
National Indonesia, Journal of Economics, Faculty of Law, University of Riau, Vol. XXI, No. 02, 2023.
Financial Services Authority Regulation Number 5/POJK.03/2015 concerning the Obligation to Provide Minimum Capital and Fulfill the Minimum Core Capital of People's Credit Banks.
Government Regulation Number 43 of 2018 concerning Deposit Insurance Institutions.
R. Soeroso, Introduction to Law, Sinar Grafika, Jakarta, 2006.
Renaldi Vandoli Situmorang, et al., Legal Consequences for Banks When Minimum Core Capital Obligations Are Not Met, PenKoMi Journal: Education and Economic Studies, Vol. 7, No. 1, 2024.
Satjipto Rahardjo, Law in the Perspective of History and Social Change in Legal Development in the Perspective of National Legal Politics, Rajawali Press, Jakarta, 1996.
Suhardi, Gunarto, Business Banking in Legal Perspective, Kanisius, Yogyakarta, 2003. Wardhana, A. K. and Kurniasih, Determinants of MSME Credit Distribution of Bank Persero, TEKUN
Constitution of the Republic of Indonesia in 1945. Civil Code (Burgelijke Wetboek).
Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking.
Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. Law Number 40 of 2014 concerning Insurance.
Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector.
Law Number 8 of 1995 concerning the Capital Market.
Law of the Republic of Indonesia No. 23 of 1999 concerning Bank Indonesia. Law Number 21 of 2011 concerning the Financial Services Authority.
Copyright (c) 2025 Arisman Susanto, Susi Delmiati, Laurensius Arliman (Author)

This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with the Ekasakti Journal of law and Justice agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.













