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CENTRAL BANK INDEPENDENCE AND POLICY OUTCOMES: A TRANS-BOUNDARY COMPARISON 央行独立性与政策结果:跨界比较
Pub Date : 2022-09-30 DOI: 10.21098/jcli.v1i3.34
Muhamad Iksan, Tetsu Konishi
This paper examines how Central Bank Independence (CB Independence), using a dataset that compiled by Garriga (2016), can explain the policy outcomes. This dataset was mainly compiled from Cukierman’s work (1995). The dataset identifies statutory reforms affecting CB Independence, their direction, and the attributes necessary with the aim of building on previous literature, the most widely used Cukierman, Webb and Neyapti index. The focus of this paper is empirically estimating causal inferences of inflation and economic growth with an explanatory variable of the central bank Independence measures. It has four components including central bank CEOs, central bank objectives, policy formulations and central bank lending limit policies. The second focus of this paper aims to harness the Asia Financial Crisis 1998-1999, as natural experiment to understand effect of crises by using semi-experimental method Difference-In-Difference (DID). Panel data regression and DID are two empirical research methods applied in this research. This paper proposes all four CB Independence measures can explain the inflation; but this paper does not find statistical support for the economic growth. Supported by DID estimation, this paper also estimates the effect of CB Independence to inflation and economic growth for the sample countries before and after the 1998 Asia financial crisis experienced by sample countries. To enrich our historicalinstitutional narrative, this paper underlines narrative under the tale of two countries – Japan and Indonesia as exemplify.
本文使用Garriga(2016)编制的数据集来研究中央银行独立性(CB独立性)如何解释政策结果。该数据集主要来自于Cukierman的工作(1995)。该数据集确定了影响中央银行独立性的法定改革、其方向以及必要的属性,目的是建立在以前的文献、最广泛使用的Cukierman、Webb和Neyapti指数的基础上。本文以央行独立性措施为解释变量,对通货膨胀与经济增长的因果关系进行实证估计。它由中央银行ceo、中央银行目标、政策制定和中央银行贷款限额政策四个部分组成。本文的第二个重点是利用1998-1999年亚洲金融危机作为自然实验,利用半实验方法差分差分(DID)来理解危机的影响。面板数据回归和DID是本研究采用的两种实证研究方法。本文提出四种CB独立性指标都可以解释通货膨胀;但本文没有找到经济增长的统计支持。在DID估计的支持下,本文还估计了1998年亚洲金融危机前后样本国家CB独立性对通货膨胀和经济增长的影响。为了丰富我们的历史制度叙事,本文以日本和印度尼西亚为例,着重叙述了两个国家的故事。
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引用次数: 0
THE EXTRA-LEGAL PROPERTY RIGHTS DESIGN OF BITCOIN AND ITS PHILOSOPHICAL ISSUES 比特币的法外产权设计及其哲学问题
Pub Date : 2022-09-30 DOI: 10.21098/jcli.v1i3.31
M. P. Nur Fauzan, Muhammad Yoppy A
This article provides a philosophical examination of the Bitcoin concept of property rights protection. To that end, several fundamental questions must be addressed on the subject, including what money is, what purpose it seeks to serve, and how the system that supports it is related to the concept of property rights. Finally, it is important to identity what, if anything, Bitcoin has to offer in these matters. This article concludes that the primary function of money as a social institution is to store one’s labour as part of one’s property right. In comparison to fiat currency, Bitcoin is the superior medium of exchange. However, the ideological foundation of Bitcoin has philosophical issues: it is based on the false premises of absolute individual property rights derived from the concept of natural rights, which is incompatible with Indonesia’s economic commitment and goals of establishing a welfare state, as reflected in the constitution.
本文对比特币的产权保护概念进行了哲学考察。为此目的,必须解决关于这个问题的几个基本问题,包括金钱是什么,它寻求服务于什么目的,以及支持它的制度如何与产权概念相联系。最后,重要的是要确定比特币在这些问题上能提供什么,如果有的话。本文的结论是,货币作为一种社会制度的主要功能是将一个人的劳动作为其财产权的一部分储存起来。与法定货币相比,比特币是更优越的交换媒介。然而,比特币的意识形态基础存在哲学问题:它基于从自然权利概念衍生出来的绝对个人财产权的错误前提,这与印度尼西亚的经济承诺和建立福利国家的目标不相容,正如宪法所反映的那样。
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引用次数: 0
DIGITAL CONSTITUTIONALISM ERA IN THE DEVELOPMENT OF BANKING LAW IN INDONESIA 数字宪政时代印尼银行法的发展
Pub Date : 2022-09-08 DOI: 10.21098/jcli.v1i3.29
M. Putri, Nalom Kurniawan
Digitalisation has changed, bringing the world in an almost borderless direction, and impacting various fields. Banking law in particular has been disrupted by the rapid development of digitalisation, as well as shifting paradigms of thinking across the banking world. As a result of the digital economy era, conventional banking services have been forced to adapt to the development of the concept of digital constitutionalism. The digital economy era must provide better banking services to guarantee the protection of citizens’ constitutional rights, especially related to the use of technology in banking services. This concept of the digital economy must be able to improve the quality of banking services in terms of ease and speed of access, efficiency, effectiveness, and optimal management of risk. Thus, it is expected that the development of the era of digital constitutionalism in banking law in Indonesia can provide a more optimal guarantee of protection of future constitutional rights protection for its citizens. This study describes the transitional process of the digital constitutionalism era in the development of banking law in Indonesia as a factual condition by using normative juridical research methods and library approaches, as well as comparative approaches. The study finds that the development of the digital constitutionalism era in banking law in Indonesia has progressed rapidly. This progress has benefitted users of banking services, but it also has led to a residual deviant behaviour due to the ease of access to technology.
数字化已经发生了变化,使世界走向了一个几乎无国界的方向,并影响了各个领域。特别是银行法已经被数字化的快速发展以及整个银行业思维模式的转变所颠覆。随着数字经济时代的到来,传统银行业务被迫适应数字宪政理念的发展。数字经济时代必须提供更好的银行服务,以保障公民的宪法权利,特别是与技术在银行服务中的应用有关的权利。数字经济的概念必须能够提高银行服务的质量,包括便利性和访问速度、效率、有效性和最佳风险管理。因此,印尼银行法数字宪政时代的发展,可以为其公民未来的宪法权利保护提供更为优化的保障。本研究运用规范的法律研究方法、图书馆方法以及比较方法,将数字宪政时代在印尼银行法发展中的过渡过程描述为一个事实条件。研究发现,印尼银行法的数字宪政时代发展迅速。这一进步使银行服务的用户受益,但由于技术的容易获取,它也导致了残余的越轨行为。
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引用次数: 0
CENTRAL BANK DIGITAL CURRENCY UNDER THE STATE THEORY OF MONEY: A PRELIMINARY LEGAL ANALYSIS 国家货币下的中央银行数字货币理论:初步的法律分析
Pub Date : 2022-09-08 DOI: 10.21098/jcli.v1i3.23
Fransiska Ari Indrawati
Innovations in digital payments have triggered many central banks to apprehend and consider central bank digital currency (CBDC). CBDC is believed to be the next milestone in the evolution of money because many studies have shown the significant advantages of using government-issued digital currency. However, to function as money, CBDC must fulfil the fundamental role of money, among others, contended by the state theory of money. This paper addresses the applicability of the state theory of money to CBDC as digital money, which is prefaced by the discussion on money as legal tender and the theory of sovereign power over money. After analysing these theories, this paper offers a preliminary legal analysis of CBDC, mainly from the perspective of Indonesian law. This paper concludes that the concept of CBDC as money and legal tender may fulfil the notion of money under the state theory of money and can serve as legal tender. Applying this theory to CBDC and assuming CBDC is used as legal tender, the State should create a legal framework to regulate CBDC as a valid medium of exchange and legal tender. However, it is also acknowledged that various designs of CBDC must be supported by different legal environments. Furthermore, this paper recommends the preparation of an Indonesian legal ecosystem for CBDC, consisting of a solid regulatory framework and clear legal relationships among relevant parties, that are needed to ensure the legality of the issuance, distribution and transference of CBDC once the design of CBDC is determined. Furthermore, to accommodate the use of CBDC, a thorough assessment of the relevant Indonesian laws should be undertaken relating, among other factors, to the central bank, money, currency, and technology.
数字支付的创新引发了许多央行对央行数字货币(CBDC)的理解和考虑。CBDC被认为是货币发展的下一个里程碑,因为许多研究表明,使用政府发行的数字货币具有显着优势。然而,要发挥货币的作用,CBDC必须履行货币的基本作用,其中包括国家货币理论所主张的货币作用。本文讨论了货币国家理论对CBDC作为数字货币的适用性,首先讨论了货币作为法定货币和货币主权权力理论。在分析了这些理论之后,本文主要从印尼法律的角度对CBDC进行了初步的法律分析。本文的结论是,CBDC作为货币和法定货币的概念可以满足货币国家理论下的货币概念,可以作为法定货币。将这一理论应用于CBDC,并假设CBDC被用作法定货币,国家应该建立一个法律框架来规范CBDC作为有效的交换媒介和法定货币。然而,人们也承认,不同的CBDC设计必须得到不同法律环境的支持。此外,本文建议为CBDC准备一个印度尼西亚的法律生态系统,包括一个坚实的监管框架和相关各方之间明确的法律关系,一旦确定了CBDC的设计,就需要确保CBDC的发行、分销和转让的合法性。此外,为了适应CBDC的使用,应对印度尼西亚的相关法律进行全面评估,其中包括与中央银行、货币、货币和技术相关的法律。
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引用次数: 2
THE PRESENCE OF COMMERCIAL BANKS IN METAVERSE’S FINANCIAL ECOSYSTEM: OPPORTUNITIES AND RISKS 商业银行在虚拟世界金融生态系统中的存在:机遇与风险
Pub Date : 2022-09-08 DOI: 10.21098/jcli.v1i3.28
Muhammad Raffi Hasta Anggara
The metaverse has been widely discussed as it is believed will affect almost every sector, one of those is the financial sector. The financial sector developed in the metaverse will likely be based on decentralized finance and blockchain technology, the latter of which is the primary source of the development of cryptocurrency and stable coins. Other than cryptocurrency and stable coins, CBDC is also predicted to emerge as one of the payment instrument options used in the metaverse. The presence of these technologies has formed the unique financial ecosystem in metaverse, differentiating it from the existing ecosystem which is characterized as centralized and traditionalfinance. The recently developed Meta Fi has created the question of whether commercial banks, as one of the most important financial institutions in the current financial ecosystem, will be able to penetrate and keep its relevance in the Meta Fi. This research will attempt to answer this question by explaining Meta Fi, its characteristics, and how commercial banks could co-exist alongside blockchain-based service in Metaverse.
人们广泛讨论了虚拟世界,因为人们相信它几乎会影响到每一个部门,其中之一就是金融部门。在虚拟世界中发展的金融部门可能会基于去中心化金融和区块链技术,后者是加密货币和稳定币发展的主要来源。除了加密货币和稳定币,CBDC预计也将成为虚拟世界中使用的支付工具之一。这些技术的存在形成了元宇宙中独特的金融生态系统,区别于现有的中心化、传统金融的生态系统。最近开发的Meta Fi产生了一个问题,即商业银行作为当前金融生态系统中最重要的金融机构之一,是否能够渗透并保持其在Meta Fi中的相关性。本研究将试图通过解释Meta Fi、其特征以及商业银行如何与基于区块链的服务在Metaverse中共存来回答这个问题。
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引用次数: 2
The Legal Perspective on Strengthening the Practice of Bank Guarantees in Indonesia: Revisiting the Provisions Related to Payment 加强印尼银行担保实践的法律视角:对支付相关条款的再考察
Pub Date : 2022-05-31 DOI: 10.21098/jcli.v1i2.16
Ramlan Ginting
This Article provides the legal perspective of the transaction of bank guarantees in the banking practice in Indonesia. It examines the provisions related to payment for bank guarantees by comparing the provisions related to payment for the bank garansi and that of the standby letter of credit or demand guarantee. The work shows that the bank garansi is dependent guaranty, whereas the standby letter of credit or demand guarantee is independent guaranty. The payment for the bank garansi is based on the actual default, whereas the payment for the standby letter of credit or demand guarantee is based on the statement of default. The primary obligation to pay for the bank garansi is that of the issuing bank or guaranteed party, while the primary obligation to pay for the standby letter of credit or demand guarantee is that of the issuing bank. And, as to the international counter guarantee, the conflicting provisions arise when it is asking the bank garansi as the domestic bank guarantee. The banks, companies and government agencies involved in the transaction of bank guarantees are encouraged to understand the implication of these findings and further prepare the appropriate solution.
本文对印尼银行业实践中银行担保交易提供了法律视角。它通过比较银行保函和备用信用证或见索即付保函的付款条款,审查与银行保函付款有关的条款。研究表明,银行保函是依赖型担保,而备用信用证或见索即付保函是独立型担保。银行保证金的支付是以实际违约为依据,而备用信用证或见索即付保函的支付是以违约声明为依据。银行保证金的主要支付义务是开证行或被保证人的支付义务,而备用信用证或见索即付保函的主要支付义务是开证行的支付义务。而对于国际反担保,在要求银行担保为国内银行担保时,又产生了相互矛盾的规定。鼓励参与银行担保交易的银行、公司和政府机构了解这些调查结果的含义,并进一步拟订适当的解决办法。
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引用次数: 2
Legal Conundrums of the Metaverse 虚拟世界的法律难题
Pub Date : 2022-05-31 DOI: 10.21098/jcli.v1i2.25
Safari Kasiyanto, Mustafa R. Kilinç
The metaverse gained its momentum after a CEO of the biggest social media made a statement that it would be the next big thing after the Internet. Although there is no single, agreed definition of the metaverse, the common understanding of the metaverse is that the concept combines IoT, AR, VR, XR, and 3D technologies. It is also called the Web 3.0. The market capital and the economic potential of the metaverse are enormous. The market cap was calculated around USD14.8 trillion in October 2021 while the economic potential ranged from USD3,75 trillion to USD12.5 trillion. Hence, it is of importance to discuss the legal aspects of the metaverse. This article is the first to elaborate the legal conundrums of the metaverse in a more proper manner. It includes discussion on the property law and intellectual property law, and whether the time has come to have “a virtual property law”. It also discusses some other legal aspects such as privacy and data protection, contract law and smart contracts, cybersecurity and cyberattacks, monetary and payment systems laws, and regulation of virtual assets (including securities and commodities laws), tax law, anti-money laundering and KYC, and criminal law. To give a more comprehensive view, some governance and ethical issues of the metaverse are also touched upon.
在最大的社交媒体的首席执行官发表声明称,虚拟世界将是继互联网之后的下一个大事件之后,虚拟世界的势头得到了加强。虽然对虚拟现实并没有统一的定义,但人们对虚拟现实的普遍理解是,这个概念结合了物联网、AR、VR、XR和3D技术。它也被称为Web 3.0。虚拟世界的市场资本和经济潜力是巨大的。2021年10月的市值约为14.8万亿美元,而经济潜力从3.75万亿美元到12.5万亿美元不等。因此,讨论元宇宙的法律方面是很重要的。本文是第一个以更恰当的方式阐述元宇宙的法律难题的文章。它包括对物权法和知识产权法的讨论,以及“虚拟物权法”是否已经到来。它还讨论了其他一些法律方面,如隐私和数据保护、合同法和智能合同、网络安全和网络攻击、货币和支付系统法律、虚拟资产监管(包括证券和商品法)、税法、反洗钱和KYC以及刑法。为了提供一个更全面的视图,还涉及了元宇宙的一些治理和伦理问题。
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引用次数: 10
Supervening Event on International Contracts in Indonesia 印度尼西亚国际合同监督活动
Pub Date : 2022-05-31 DOI: 10.21098/jcli.v1i2.14
Tiurma M. P. Allagan, Dinda R. Himmah, Tazqia Aulia
The pandemic situation of COVID-19 has been affecting many sectors in our daily life, including law and economics. In regard to this matter, the issue of international commercial contract is significantly affected as well. It is well-known that the pandemic situation could be classified as a supervening event. This could be the basis to a party for not being able to fulfill a contractual obligation, or to postpone the fulfillment of such contractual obligation. However, different approaches of each national law of a State as well as what have been governed by several regulations might lead to multi-interpretation relating to whether COVID-19 shall be classified into force majeure or hardship. As one of UNIDROIT member states, it would be important to examine Indonesia's perspective towards this issue. Notably during the recent situation in which the increasing number of international commercial contracts involving Indonesian parties. This article would examine supervening events on international commercial contracts, especially in the perspective of Indonesian law.
新冠肺炎疫情已经影响到我们日常生活的许多领域,包括法律和经济。在这个问题上,国际商事合同问题也受到很大影响。众所周知,大流行情况可归类为突发事件。这可能成为一方不能履行合同义务或推迟履行合同义务的理由。然而,由于各国法律的不同做法以及若干条例的规定不同,可能会导致对COVID-19是否应归类为不可抗力或困难的多重解释。作为统法协成员国之一,审查印度尼西亚对这一问题的看法将是重要的。特别是在最近涉及印度尼西亚当事方的国际商业合同越来越多的情况下。本文将审查国际商业合同的监督事件,特别是从印度尼西亚法律的角度。
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引用次数: 0
How Do Politicians Speak About Economic Policy During Pandemic Crisis? Evidence From Emerging and Developed Countries 在流行病危机期间,政治家如何谈论经济政策?来自新兴国家和发达国家的证据
Pub Date : 2022-05-31 DOI: 10.21098/jcli.v1i2.26
Indri Dwi Apriliyanti, Cinintya Audori Fathin
Our study explores economic policy communication in response to the Covid-19 pandemic crisis. Considering a major role of Twitter in information dissemination, we use tweets as a proxy to examine politicians’ crisis communication strategies in five countries, Australia, Canada, India, Indonesia, and Singapore. By using systematic content analysis approach, the study attested the degree to which SCCT and IRT model can be applied to political realm. We found two strategies, bolstering and mortification, emerge as the most frequently used strategies by politicians. Further, new strategies, i.e information provision and cohesion, as well as new categories, i.e morale boosting, political positioning, and cross border cooperation surfaced which further expanding the SCCT and IRT model in explaining political crisis communication. As this study explores the role of context and situational factors that determine specific strategies, our findings demonstrate no substantial differences among developed and emerging countries. We note the use of combination of bolstering, mortification, and cohesion strategies can be critical for politicians’ career, as they may restore politicians’ reputation, reinforce their political presentation, and foster public trust.
我们的研究探讨了应对Covid-19大流行危机的经济政策沟通。考虑到推特在信息传播中的重要作用,我们以推特作为代理来研究澳大利亚、加拿大、印度、印度尼西亚和新加坡五个国家的政治家的危机沟通策略。采用系统的内容分析方法,验证了SCCT和IRT模型在政治领域的适用程度。我们发现两种策略,支持和羞辱,是政治家们最常用的策略。此外,信息提供和凝聚力等新策略以及士气提升、政治定位、跨界合作等新范畴的出现,进一步拓展了SCCT和IRT模型对政治危机传播的解释。由于本研究探讨了决定具体策略的背景和情境因素的作用,我们的研究结果表明,在发达国家和新兴国家之间没有实质性差异。我们注意到,使用支持、羞辱和凝聚策略的组合对政治家的职业生涯至关重要,因为它们可以恢复政治家的声誉,加强他们的政治表现,并培养公众的信任。
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引用次数: 0
Protection of Data Privacy in The Era of Artificial Intelligence in The Financial Sector in Indonesia 印尼金融领域人工智能时代的数据隐私保护
Pub Date : 2022-05-31 DOI: 10.21098/jcli.v1i2.18
Sinta Dewi, Mohammad Hidayat
The concept of privacy has broad ramifications, and it is implemented in a number of disciplines, ranging from philosophy to computer science, political science and legal science. This paper covers the impact of artificial intelligence on privacy protection, especially in the finance sector. Privacy protection is associated with control over information about personal data, also known as private information. This research is a normative legal research of analytical nature, and it is conducted by studying and interpreting theoretical matters relating to the principles, conceptions, doctrines and legal norms pertaining to the problems. The results of this research show that the concept of privacy in the era of artificial intelligence in Indonesia is best achieved by combining comprehensive rules with self-regulation to serve as a balancing agent between laws and technology in order to control and fulfill the protection of personal data in the era of artificial intelligence.
隐私的概念具有广泛的影响,它在许多学科中得到实施,从哲学到计算机科学,政治科学和法律科学。本文涵盖了人工智能对隐私保护的影响,特别是在金融领域。隐私保护与对个人数据信息(也称为私人信息)的控制有关。这项研究是一项具有分析性质的规范性法律研究,它通过研究和解释与问题有关的原则、概念、理论和法律规范的理论问题来进行。本研究结果表明,印尼人工智能时代的隐私概念最好通过综合规则与自我监管相结合,充当法律与技术之间的平衡代理,以控制和履行人工智能时代的个人数据保护。
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引用次数: 3
期刊
Journal of Central Banking Law and Institutions
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