Bank Agency in Comparison between Indonesia Legal Perspective and Common Law System


Bank Agency, Indonesia Law, Common Law System


Banks enter into mutualism symbiosis with investment managers and insurance companies (primary) as sales agents of mutual funds and bancassurance (non-bank product) due to the requirement for intermediary organisations for principal product marketing and public service development. This operation is classified as a non-core banking activity since it gathers funds from individuals for purposes other than bank loans. Rather than that, it relegated them to the roles of an agent of development and agent of services. However, several distinctions in the idea of bank agency exist between Indonesian and Common Law systems, particularly the agent monitoring element. In the Common Law principal, the principal is responsible for monitoring their agents. However, according to the Indonesian legal notion, it should be carried out by an authorised agency such as the Financial Services Authority.