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2 J. Priv. & Com. L. 1 (2018)

handle is hein.journals/jpcl2 and id is 1 raw text is: JOURNAL OF PRIVATE AND COMMERCIAL LAW VOLUME 2 NO. 1, MEI 2018 THE IDENTIFICATION OF GREEN BANKING CONCEPT AND BANK LIABILITY (A STUDY OF ACT NUMBER 10 OF 1998 WITH EXTENSIVE INTERPRETATION AND PROGRESSIVE LEGAL APPROACH) ANITALIA KUSUMA DEWI Student of Graduate Program of Master of Legal Science, Faculty of Law, Universitas Gadjah Mada. Sosio Justitia Street. Bulaksumur Yogyakarta. anitaliakusumadewi@ yahoo.com. Phone 08179609845. PARIPURNA Lecturer at the Business Law Department. Faculty of Law, Universitas Gadjah Mada. Sosio Justitia Street. Bulaksumur Yogyakarta. Abstract The purposes of this research are to analyze the identification of Green Banking concept in the Act Number 10 of 1998 with extensive interpretation and progressive legal approach and to analyze how banks should be held liable for based on applicable law in view of the extensive interpretation and progressive legal approach. This research is a normative legal research that has analyzed Green Banking concept using Act Number 10 of 1998 concerning Banking, Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality of Commercial Banks, Act Number 32 of 2009 concerning Environmental Protection and Management and the Financial Services Authority Regulation Number 51/POJK.03/2017 concerning the Application of Sustainable Finance for Financial Services Institutions, Issuer Companies and Public Companies, and then presented as prescriptive research. The result of this study is that banks are reluctant to further examine the AMDAL of financed projects and do not oversee such projects until the termination of the contract. Extensive interpretation and progressive legal approach can be used to provide bank a deep insight regarding the concept of green banking contained in the banking law and the extent to which banks (creditors) are subject to the terms of the lender liability. Keywords: Green Banking, Bank Liability, Extensive Interpretation, Progressive Legal Approach. UNDERLYING BACKGROUND AND CONTEXT Bank as a financial institution and one of the pillars of Indonesian economy

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