Author(s): Kanon Mommsen Wongkar
This paper is aimed to discuss the leadership and decision making within a bank upon certain conduct such as the expenditure and repayment of emergency liquidity support fund provided by the government through central bank. The dogmatic legal research using comprehensive approach conducted for this paper found that there are two types of governing body within a bank namely de jure and de facto executive where the former is the people who are registered as executive in legal as well as government related documents while the latter is the people who actually lead the bank and constitute the bank’s policy and strategy. The law must provide comprehensive rules covering not only de jure but also de facto bank’s owner concerning their role and responsibility particularly concerning the repayment of the central bank’s liquidity support fund.