The objectives of this research, tends to describes and examines issues of strategic considerations restrictions on foreign capital in the banking sector, as a result of restrictions on foreign capital banks in the era of the AEC, and the setting is ideal foreign ownership restrictions as to its benefits for Indonesia. This legal writing is a descriptive normative law. This writing is using type of law Approach and historical approach. The used data type is secondary data. In this study, techniques of data collection used by the author to collect material law, is namely: the study of literature and cyber media, the analysis technique used is the deductive method. The results showed that the laws banking liberalize foreign investment up to 99% is due to the economic situation at that time was in crisis, Indonesia has been growing in spite of the crisis, and has now resulted in a lot of foreigners who became the majority shareholder, the banking regulations should revised. By limiting foreign ownership, there will be a devaluation by foreign parties, it should be the new regulation is not retroactive, utilizing the principle of reciprocity and conduct banking merger in order Leveraging MEA.