SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 258, 2013 | FINANCE. OJK. Surveillance. Body. The Social Security Organizer. (Explanation In Addition Of Indonesia's Republic Of Indonesia Number 5487) |
FINANCIAL SERVICES AUTHORITY RULES
NUMBER 5/POJK.05/ 2013
ABOUT
SUPERVISION OF THE SOCIAL SECURITY ORGANIZER ' S AGENCY
BY THE FINANCIAL SERVICES AUTHORITY
WITH THE GRACE OF THE ALMIGHTY GOD
BOARD OF THE COMMISSIONER OF FINANCIAL SERVICES AUTHORITY,
Weighing in: that in order to carry out oversight of the Social Security Organizing Board as it has been mandated in the 2011 24 Year Act on the Social Security Organizing Board, it needs to establish the Regulation Authority Financial Services on the Oversight of the Social Security Organizing Agency by the Financial Conduct Authority;
Remembering: 1. Law No. 40 of the Year 2004 on National Social Security System (Indonesian Republic of Indonesia Year 2004 Number 150, Additional Gazette of the Republic of Indonesia No. 4456);
2. Law No. 21 Year 2011 on the Financial Conduct Authority (State Sheet of the Republic of Indonesia of 2011 Number 111, Additional Sheet of State of the Republic of Indonesia Number 5253);
3. Law No. 24 Year 2011 on Social Security Organizing Agency (Sheet Country Indonesia Year 2011 Number 116, Additional Sheet Republic Of Indonesia Number 5256);
DECIDED:
Establish: Financial Services Authority Regulation on the supervision of the organizing body of social security by the financial services authority.
BAB I
UMUM CONDITIONS
Section 1
In the Regulation of this Financial Conduct Authority, referred to:
1. The Financial Conduct Authority, which is further abbreviated to OJK, is the Financial Conduct Authority as referred to in the 2011 21 Year Act of Financial Conduct Authority.
2. The next National Social Security Council (DJSN), is the National Council of Social Security as referred to in the 2011 24-Year Act on the Social Security Organizing Board.
3. The Social Security Organizing Board, which is next abbreviated as BPJS, is the Social Security Organizing Board as referred to in the 2011 24 Year Act on the Social Security Organizing Agency, which is comprised of BPJS Health and the BPJS of Employment.
4. BPJS Health is a public legal entity that is set up to organize a health assurance program as referred to in the 2011 24 Year Act on the Social Security Organizing Agency.
5. BPJS Employment is a public legal entity that is set up to host a work accident guarantee program, parental day assurance, pension assurance, and assurance of death as referred to in Law No. 24 Year 2011 about the Agency The Social Security Organizer.
6. Examination is a suite of activities seeking, collecting, processing, and evaluating data and/or captions and to assess and provide conclusions regarding the hosting of social security programs by BPJS.
7. Supervision is the process of assessment activities against BPJS with the purpose of allowing BPJS to execute its function properly and successfully achieve a set goal.
8. The Employment Social Security Fund is the trust fund of all the participants of the job accident, the guarantee of the old day, the pension guarantee, and the guarantee of death which is the equivalent set and the result of the development managed by BPJS Employment for the payment of benefits to participants and the operational financing of the hosting of social security programs.
9. Health Social Security Fund is a secure fund of all health insurance participants which are the association of dues and co-products managed by BPJS Health for payment of benefits to participants and operational financing. A social security program.
10. The examiner is an OJK employee or the party appointed by OJK to conduct the Examination.
11. Participants are each person including a foreigner who works the shortest 6 (six) months in Indonesia who has paid the dues as referred to in the 2011 24-year Law Number about the Social Security Organizing Agency.
BAB II
BPJS SUPERVISION SCOPE BY OJK
Section 2
(1) OJK conducts oversight of BPJS.
(2) The OJK supervision scope against BPJS as referred to in paragraph (1) includes:
a. financial health;
B. the application of good governance including business processes;
c. management and investment performance;
D. the application of risk management and good control;
e. financial crime detection and resolution (fraud);
f. value of assets and liabilities;
G. Compliance with the laws of the law;
h. Disclosure of information to the public (public disclosure);
i. consumer protection;
J. iuran collectibility ratio;
No, Systemic impact monitoring; and
I. other aspects that are the functions, tasks, and authority of OJK under the laws.
(3) The supervision of the aspects as referred to in paragraph (2) is based on the laws.
(4) In the case of the law as referred to in paragraph (3) have not set aspects as referred to in paragraph (2), the supervision is done by referring to the standard, principles, and practices of the hosting of social security. Healthy.
Section 3
(1) OJK supervision of BPJS as referred to in Section 2 of paragraph (1) consists of:
a. direct supervision; and
B. Indirect surveillance.
(2) The supervision as referred to in paragraph (1) is carried out by a working unit in the supervision environment of the Non Bank Financial Industry, OJK.
BAB III
DIRECT SUPERVISION
Section 4
Direct supervision as referred to in Article 3 of the paragraph (1) of the letter is performed through the Examination.
Section 5
(1) Examination of BPJS is carried out by the Examiner.
(2) In the course of the Examination as referred to in paragraph (1), the Examiner may inspect other companies owned by the BPJS and/or other related parties.
(3) The examination aims for:
a. obtaining an overview of the actual BPJS conditions;
B. ensuring that the BPJS has complied with the rules of the laws;
c. ensuring that BPJS has implemented a governance, risk management, and good control; and/or
D. ensuring that BPJS has made an effort to fulfill its obligations to the Participants.
Section 6
OJK's check of BPJS may include all aspects or part of the aspect as referred to in Article 2 of the paragraph (2).
Section 7
The examination of BPJS is done at least 1 times in 1 (one) year.
Section 8
(1) The Examiner must carry out the Examination in accordance with this OJK Regulation and the BPJS Examination guidelines.
(2) The further provisions of the BPJS Examination guidelines as referred to in paragraph (1) are governed with the OJK Commissioning Council Regulation.
Section 9
(1) the BPJS and other parties that are inspected as referred to in Section 5 of the paragraph (1) and paragraph (2) are prohibited from refusing and/or inhibiting the Examination process.
(2) the BPJS and other parties being examined as referred to in Section 5 of the paragraph (1) and the paragraph (2) are mandatory:
a. satisfy the request to provide or lend a book, file, record, disposition, memoranda, document, electronic data, including any of its channels;
B. provide information and explanation related to the aspects examined both oral or written;
c. provide an opportunity for the Examiner to enter and inspect the place or room viewed as necessary;
D. provide an opportunity to investigate the presence and use of physical means related to the examined aspect; and/or
e. presents a third party including independent auditors and independent actuaries to provide the data, documents, and/or the caption to the Examination in conjunction with the Examination.
(3) The assessed party is expressed as inhibiting the examination of the examination process if it does not carry out the obligations as referred to in verse (2) or lending the book, providing an untrue account, document, or description.
Section 10
(1) The examination is carried out by the Examiner based on the Examination warrant published by OJK.
(2) The mandatory torturer of the Checkpoint to BPJS and other parties is examined as referred to in Article 5 of the paragraph (1) and paragraph (2).
(3) Prior to the Examination as referred to in paragraph (1), OJK delivered the Examination notice to BPJS and other parties being examined as referred to in Article 5 of the paragraph (1) and the paragraph (2).
(4) The check notification letter as referred to in paragraph (3) contains the following information:
a. examination number and date of the Examination warrant;
B. Blackmailing name;
c. scope of the Examination;
D. Examination destination;
e. term of the Examination; and
f. Preliminary documents are required for the examination.
(5) The OJK may perform the Examination without being preceded by the delivery of the Examination notice if:
a. the notice is expected to complicate or hinder the Examination process;
B. there is an immediate action to obscure the actual state; or
c. There is an expectation of concealing, removing data, captions, or reports required in the framework of the examination.
Section 11
(1) Before the Examination expires, the Inspector is required to confirm with BPJS ' s Directors of the results of the Examination.
(2) If after the confirmation process referred to in paragraph (1) there is still a difference of opinion, BPJS Directors may submit written explanation to the OJK the slowest 10 (ten) calendar days after the end of the process Check.
Section 12
(1) After the Examination process ends, the Examiner compiled the report of the Examination.
(2) The OJK delivers the results of the Examination as referred to in paragraph (1) to the BPJS of the slowest 20 (twenty) calendar days after the final written limit of the description in writing as referred to in Article 11 of the paragraph (2).
(3) The results of the Examination as referred to in paragraph (1) are confidential.
(4) The top secret status of the results of the Examination as referred to in paragraph (3) may be opened upon first obtaining written consent from OJK or under applicable laws.
Section 13
(1) The results of the Examination as referred to in Section 12 of the paragraph (1) may contain follow-up steps that the BPJS must perform or other stakeholders.
(2) In the event of any follow-up measures to be performed by BPJS as referred to in paragraph (1), BPJS is required to carry out such follow-up steps.
(3) The BPJS is required to report the execution of the follow-up measures as referred to in paragraph (2) to the OJK according to the term specified in the report of the Examination.
(4) The obligation to report the implementation of the follow-up measures as referred to in paragraph (3) ends if OJK assessees that the BPJS has exercised the follow-up measures in question.
BAB IV
INDIRECT OVERSIGHT
Section 14
Indirect oversight as referred to in Article 3 of the paragraph (1) letter b is done through:
a. analysis of the reports delivered by BPJS to OJK; and/or
B. analysis of reports submitted by other parties to OJK.
Section 15
OJK may request the BPJS to convey certain information and/or documents in the order of indirect oversight over BPJS.
BAB V
REPORTING
Section 16
(1) BPJS Health and BPJS Employment are required to compile a financial report as follows:
a. BPJS Health and BPJS annual financial report for the period January 1 to December 31;
B. Annual financial statements of the Social Security Fund and Employment Social Security Fund for each of the employment programs for the January 1 to December period until December 31;
c. BPJS Health and BPJS certificate financial reports that expire on June 30 and December 31;
D. Health Social Security Fund and Employment Social Security Fund for each of the employment programs that expire on June 30 and December 31;
e. BPJS Health and BPJS monthly financial report for the period ending January 31, 28 or 29 February, 30 April, 31 May, 30 June, 31 July, 30 September, 31 October, 30 November, and 31 December; and
f. Monthly financial report on the Social Security Fund Health and Employment Social Security Fund for each employment program for the period ending January 31, 28 or 29 February, 31 March, 31 May, 30 June, 31 July, 31 July, 31 May, 31 July, 31 May, 31 May, 31 July, 31 May, 31 July, 31 May, 31 July, 31 May, August, 30 September, 31 October, 30 November, and 31 December.
(2) BPJS Health and BPJS Employment are required to compile a program management report as follows:
a. Health and Social Security program management reports for each annual employment program for the period January 1 to December 31;
B. Health and Social Security Reports for each of the country's most effective employment programs that expire on June 30 and December 31; and
c. report management of a health assurance program and warranty for each monthly employment program for the period ending January 31, 28 or 29 February, 31 March, 30 April, 30 June, 31 July, 31 August, 30 September, 30 May, 31 May, 31 May, 31 May, 31 July, 31 May, 31 May, 31 July, 31 May, 31 May, 31 October, 30 November, and 31 December.
(3) BPJS Health and BPJS Employment are required to compile annual actuaries reports for health assurance programs and for each employment program for the January 1 to December period until December 31.
(4) The report as referred to in paragraph (1) is compiled and presented under the applicable financial accounting standard.
(5) The report as referred to in paragraph (1) of the letter a, and the letter b as well as the paragraph (2) of the letter a must be audited by an independent auditor.
(6) The report as referred to in paragraph (2) is compiled and presented under the laws.
(7) The annual actuarial report as referred to in paragraph (3) is a report describing the estimated ability of the Social Security Fund to fulfill its obligations in the future.
(8) The report as referred to in paragraph (3) is required to be signed by the BPJS Health and BPJS Employment accility.
(9) The annual actuarial report as referred to in paragraph (3) is mandatory (direview) and is assessed by the performance of the presentation by unaffiliated independent actuaries with the management of BPJS Health and BPJS Employment at least 1 (1) Times in 3 (three) years.
(10) More terms on the form and arrangement of the report as referred to in paragraph (1) the letter e, and the letter f, paragraph (2) of the letter c and verse (3) are governed by the OJK Circular Letter.
Section 17
(1) BPJS Health and BPJS Employment are required to deliver:
a. An annual report as referred to in Section 16 paragraph (1) of the letter a and the letter b, Section 16 of the paragraph (2) of the letter a, as well as Section 16 of the following year (3) the next 30 June.
B. A report based on the number of days after the end of the term is concerned; and
c. the monthly report as referred to in Section 16 of the paragraph (1) of the letter e and the letter f, as well as Section 16 of the letter c at most 15 (fifteen) days after the end of the month in question, to OJK.
(2) In the case of the final limit of the report delivery as referred to in paragraph (1) is the holiday, the deadline for the delivery of the report is the first working day after the end of the deadline is intended.
BAB VI
SANCTIONS AND RECOMMENDATIONS
Section 18
(1) In the case of BPJS it is proven to be committing a breach of the provisions as referred to in Article 9, Section 13 of the paragraph (2) and paragraph (3), Section 16 of the paragraph (1) to the paragraph (7), and Article 17 of the paragraph (1) and/or on the findings of the Examination, OJK may be provide administrative sanction of a warning letter and/or provide recommendations to DJSN and/or the President.
(2) The warning letter as referred to in paragraph (1) is given at most 3 times in a row with the longest term of each 2 (two) months.
(3) In the case of OJK judging that the type of violation committed and/or findings of the Examination may not be addressed in the term as referred to in paragraph (2), OJK may set the expiring additional term of 6 (six) months.
(4) OJK may provide recommendations to DJSN and/or the President in terms of BPJS does not meet the obligation to follow up on the last warning letter or on the examination findings.
(5) The recommendation as referred to in paragraph (1) includes but is not limited to:
a. a major review of the health guarantee and for each of the employment programs;
B. a major review of the health guarantee benefits and for each of the employment programs;
c. BPJS Health and BPJS investment policy review;
D. a review of the health assurance investment policy and the warranty fund for each of the employment programs; and/or
e. a partial replacement or all of BPJS Healthcare and Employment BPJS management.
BAB V
TRANSITION PROVISIONS
Section 19
At the time of this OJK Regulation, the OJK Regulation Number: 3/POJK.05/ 2013 on the Non-Bank Financial Services Commission's Monthly Report, stated as not applicable to BPJS Health and Employment BPJS.
Section 20
(1) The obligation of delivery of the monthly report as referred to in Section 17 paragraph (1) of the letter c is performed by BPJS health and BPJS employment since March 2014.
(2) Delivery of monthly reports since March 2014 as referred to in paragraph (1) including monthly reports for the period ended January 31, 2014 and February 28, 2014.
BAB VI
CLOSING PROVISIONS
Section 21
The OJK regulations begin to apply on the date of the promulctest.
In order for everyone to know, order the OJK Regulation inviters with its placement in the Republic of Indonesia State Sheet.
Set in Jakarta
on December 31, 2013
CHAIRMAN OF THE BOARD OF THE COMMISSIONER OF FINANCIAL SERVICES AUTHORITY
"MULIAMAN D. HADAD"
Promulgated in Jakarta
on December 31, 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
