The Financial Services Authority Regulation No. 5/pojk. 05 2013

Original Language Title: Peraturan Otoritas Jasa Keuangan Nomor 5/POJK.05 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f871bce90b3dd313232313538.html

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Back COUNTRY SHEET Republic of INDONESIA No. 258, 2013. OJK. Supervision. The Agency. Organizers Of The Social Security. (Additional explanation in the State Gazette of the Republic of Indonesia Number 5487)

The FINANCIAL SERVICES AUTHORITY REGULATION No. 5/POJK. 05/2013 GOVERNING BODY OVERSIGHT of SOCIAL SECURITY by the FINANCIAL SERVICES AUTHORITY with the GRACE of GOD ALMIGHTY BOARD COMMISSIONER of the FINANCIAL SERVICES AUTHORITY, Considering: that in order to carry out surveillance against social security governing body as mandated in the Law Number 24 year 2011 about social security governing body, needs to set the rules of the financial services authority about supervision of social security governing body By the financial services authority;
Remember: 1. Act No. 40 of 2004 on National Social Security Systems (State Gazette of the Republic of Indonesia Number 150 in 2004, an additional Sheet of the Republic of Indonesia Number 4456);
2. Act No. 21 in 2011 about the financial services authority (State Gazette of the Republic of Indonesia Number 111 in 2011, an additional Sheet of the Republic of Indonesia Number 5354);
3. Law Number 24 year 2011 about social security governing body (State Gazette of the Republic of Indonesia Number 116 in 2011, an additional Sheet of the Republic of Indonesia Number 5256);
Decide: define: the REGULATION of the FINANCIAL SERVICES AUTHORITY ABOUT SUPERVISION of SOCIAL SECURITY GOVERNING BODY by the FINANCIAL SERVICES AUTHORITY.
CHAPTER I GENERAL PROVISIONS article 1 In regulation of the financial services authority, which is: 1. The financial services authority, hereinafter abbreviated OJK, is the financial services authority as stipulated in Act No. 21 in 2011 about the financial services authority.
2. The National Social Security Council hereinafter abbreviated to DJSN, is the National Social Security Council as stipulated in the Law Number 24 year 2011 about social security governing body.
3. Social Security governing body, hereinafter abbreviated BPJS, is the organizer of social security referred to in Act No. 24 in 2011 about social security governing body, consisting of health and Employment BPJS BPJS.
4. Health is the BPJS public law set up to organise health assurance program referred to in Act No. 24 in 2011 about social security governing body.
5. Employment is the BPJS public law established to organise a work accident assurance program guarantees days old, guarantee pension, and guarantees the death referred to in Act No. 24 in 2011 about social security governing body.
6. The examination is a series of activities to search for, collect, process, and evaluate the data and/or information as well as to assess and provide conclusions about the conduct of the social security program by the BPJS.
7. Surveillance is the process of assessment of the BPJS activities with the goal of keeping BPJS carry out its functions properly and successfully achieve the goals that have been set.
8. Social Security Employment Fund is funding the work belongs to all participants work accident assurance, guarantee of the old days, guarantees pensions, and death that guarantee is the set of dues along with the results of the development was managed by the BPJS Employment for the payment of benefits to participants and the financing of the operational organization of the social security program.
9. Social Security Health Fund is the Fund mandate belongs to the whole participants health coverage that is the set of dues along with the results of the development was managed by the BPJS Health for payment of benefits to participants and the financing of the operational organization of the social security program.
10. the Inspectors are employees or its designees OJK by OJK to conduct the examination.
11. Participants are every people including foreigners who worked the shortest 6 (six) months in Indonesia who have paid dues as stipulated in Act No. 24 in 2011 about social security governing body.
CHAPTER II SCOPE of SUPERVISION by the BPJS OJK article 2 (1) to conduct surveillance against the BPJS OJK.
(2) the scope of oversight OJK against BPJS referred to in subsection (1) include the following: a. financial health;
b. the application of good governance including the business process;
c. Management and investment performance;
d. application of the risk management and control;
e. the detection and resolution of a financial crime (fraud);
f. valuation of assets and liabilities;
g. compliance with legislation;
h. information disclosure to the Community (public disclosure);
i. consumer protection;
j. kolektibilitas contribution ratio;
k. monitoring systemic impact; and l.  Another aspect which is the functions, duties, and powers OJK based on legislation.
(3) Supervision towards the aspects referred to in subsection (2) is based on legislation.
(4) in the case of legislation referred to in paragraph (3) has not set up the aspects referred to in subsection (2), supervision is carried out with reference to the standards, principles, and practices of organizing social security healthy.
Article 3 (1) the supervision of OJK against BPJS as referred to in article 2 paragraph (1) consists of: a. direct supervision; and b.  indirect supervision.
(2) Supervision as referred to in subsection (1) is carried out by a unit of work on environment supervision of the financial industry, the Bank's Non OJK.
CHAPTER III article 4 INDIRECT SUPERVISION direct supervision as referred to in article 3 paragraph (1) letter a is done through examination.

Article 5 (1) examination of BPJS performed by the examiner.
(2) in the framework of the examination referred to in subsection (1), the examiner can conduct the examination of other companies owned by the BPJS and/or other related parties.
(3) the examination aimed at: a. gain an overview about the condition of the actual BPJS;
b. ensure that comply with the legislation have BPJS;
c. ensure that the BPJS has implemented a governance, risk management, and good control; and/or d.  ensure that the BPJS has made efforts to meet its obligations to participants.
Article 6 the examination conducted OJK against BPJS can covers all aspects or partial aspects referred to in article 2 paragraph (2).

Article 7 examination of BPJS performed at least 1 (one) time within 1 (one) year.

Article 8 (1) the examiner must carry out an examination in accordance with the Rules and guidelines of this Examination OJK BPJS.
(2) the provisions of the guidelines for further examination of the BPJS referred to in subsection (1) are governed by regulation of the Board of Commissioner OJK.
Article 9 (1) and the other party BPJS examined as referred to in article 5 paragraph (1) and paragraph (2) no refused and/or impede the inspection process.
(2) the other party and the BPJS were examined as referred to in article 5 paragraph (1) and paragraph (2) is required: a. meet the demand to give or lend books, files, notes, disposition, memoranda, documents, electronic data, including salinan-salinannya;
b. provide a description and an explanation with regard to the aspects examined whether oral or written;
c. give the opportunity to the examiner to enter and inspect a place or room that is considered necessary;
d. give the opportunity to the examiner to examine the existence and use of physical means with regard to the aspects that are inspected; and/or e.  presenting the third parties including independent auditors and actuaries to provide independent data, documents, and/or information to the examiner is related to the inspection.
(3) the parties to the review expressed inhibiting smooth review process if it does not carry out its obligations as referred to in paragraph (2) or lend books, notes, documents, or information which is not correct.
Article 10 (1) examination conducted by Examiners on the basis of a warrant issued by Inspection OJK.
(2) a mandatory Coroner delivered a warrant Examination to the other party and the BPJS examined as referred to in article 5 paragraph (1) and paragraph (2).
(3) prior to the examination referred to in subsection (1), the notice of Examination OJK convey to another party and the BPJS were examined as referred to in article 5 paragraph (1) and paragraph (2).
(4) the notice of the inspection as referred to in paragraph (3) contains the following information: a. the number and date of the inspection warrant;
b. the name of the examiner;
c. scope of the Examination;
d. the purpose of the inspection;
e. period of Examination; and f.  original documents required for inspection.
(5) the examination can do without OJK preceded by delivery of the notice of Examination if: a. such notice would complicate or impede allegedly review process;
b. There is a suspicion of the existence of the Act to obscure the actual circumstances; or c.  There are allegations of the existence of the action hide, remove data, information, or report required in the framework of the examination.
Article 11 (1) before the examination is over, the examiner is obligated to confirm with directors over the BPJS inspection results.
(2) If after the confirmation process as referred to in paragraph (1) there is still a difference of opinion, the Board of Directors may submit BPJS explanation in writing to OJK no later than 10 (ten) calendar days after the end of the inspection process.
Article 12

(1) after the review process ends, the examiner compiled a report on the results of the inspection.
(2) Examination results report OJK referred to in subsection (1) to the BPJS at least 20 (twenty) calendar days after the deadline for the submission of an explanation in writing as referred to in article 11 paragraph (2).
(3) reports the results of the examination referred to in subsection (1) is confidential.
(4) the Status of top secret reports the results of the examination referred to in subsection (3) may be opened after first obtaining written consent from OJK or based on legislation.
Article 13 (1), Reports the results of the checks referred to in article 12 paragraph (1) may include follow-up measures that should be undertaken by the BPJS or other stakeholders.
(2) in case there are follow-up measures that should be undertaken by the BPJS as referred to in paragraph (1), compulsory BPJS carry out follow-up measures.
(3) mandatory implementation of the BPJS reported follow-up measures as referred to in paragraph (2) to OJK in accordance with the timeframe set out in the report of the inspection results.
(4) the obligation to report the implementation of follow-up measures as referred to in subsection (3) terminates when the rate that the BPJS OJK has been carrying out the follow-up steps.
CHAPTER IV SUPERVISION NOT DIRECTLY Article 14 Supervision not directly referred to in article 3 paragraph (1) letter b is done through: a. analysis of the statements delivered by the BPJS to OJK; and/or b.  the analysis of the report submitted by the other party to OJK.
Article 15 OJK can ask the BPJS to convey information and/or a specific document in the framework of supervision not directly over the BPJS.

Chapter V REPORTING article 16 (1) of the health and Employment BPJS BPJS compulsory drafting financial statements as follows: a. annual financial reports BPJS BPJS health and Employment for the period 1 January to 31 December;
b. annual report Funds social security Funds social security health and Employment for each of the employment programme for the period 1 January to 31 December;
c. financial report semiannual BPJS BPJS Employment health and ending on 30 June and 31 December;
d. report of the Social Security Fund's semiannual financial health of the Social Security Fund and Employment for each of the employment programme which ended on 30 June and 31 December;
e. financial report monthly BPJS BPJS health and Employment for the period that ended on 31 January, 28 or 29 February, 31 March, 30 April, 31 May, 30 June, 31 July, 31 August, 30 September, 31 October, 30 November and 31 December; and f.  financial reports monthly Fund social security Funds social security health and Employment for each of the employment programme for the period that ended on 31 January, 28 or 29 February, 31 March, 30 April, 31 May, 30 June, 31 July, 31 August, 30 September, 31 October, 30 November, and December 31.
(2) the BPJS health and compulsory Employment BPJS compiling reports program management as follows: a. health assurance program management reports and collateral for each annual employment program for the period 1 January to 31 December;
b. report of the health security program management and a guarantee for employment program each semester that ended on 30 June and 31 December; and c.  health assurance program management reports and collateral for each monthly employment program for the period ending on 31 January, 28 or 29 February, 31 March, 30 April, 31 May, 30 June, 31 July, 31 August, 30 September, 31 October, 30 November, and December 31.
(3) health and Employment BPJS BPJS mandatory annual actuary report for health assurance program and for each of the employment programme for the period 1 January to 31 December.
(4) a report referred to in subsection (1) prepared and presented on the basis of the applicable financial accounting standards.
(5) the report referred to in subsection (1), letter a and letter b and paragraph (2) letter a compulsory audited by independent auditors.
(6) the report referred to in subsection (2), compiled and presented on the basis of legislation.
(7) annual report of the actuary referred to in subsection (3) is a report that describes the estimated Social Security Fund's ability to meet its obligations in the future.
(8) the report referred to in subsection (3) compulsory signed by actuary BPJS BPJS health and Employment.
(9) the annual report of the actuary referred to in subsection (3) is required when (reviewed) and assessed the reasonableness of served by the independent actuary is not affiliated with the management of health and Employment BPJS BPJS at least 1 (one) time in 3 (three) years.
(10) further Provisions concerning the form and arrangement of the report referred to in subsection (1) the letter e, letter f, and paragraph (2) Letter c and subsection (3) is set with the Circulars OJK.
Article 17 (1) of the health and Employment BPJS BPJS obliged to pass on: a. the annual report referred to in article 16 paragraph (1) letter a and letter b, article 16 paragraph (2) letter a, as well as article 16 paragraph (3) the longest on 30 June of the following year;
b. the semiannual reports referred to in article 16 paragraph (2) Letter c, letter d, and article 16 paragraph (2) letter b of not longer than 1 (one) month after the end of the semester in question; and c.  monthly reports as referred to in article 16 paragraph (1) the letter e and the letter f, as well as article 16 paragraph (2) Letter c the longest 15 (fifteen) days after the end of the month concerned, to OJK.
(2) in the event that the deadline for the submission of the report referred to in subsection (1) is a holiday, the deadline for the submission of the report was the first working day after the deadline in question.
CHAPTER VI SANCTIONS and RECOMMENDATIONS of article 18 (1) in the event of proven violations of BPJS conditions as referred to in article 9, article 13 paragraph (2) and paragraph (3), article 16 paragraph (1) until subsection (7), and article 17 paragraph (1) and/or on the findings of the inspection results, administrative sanctions OJK can provide either a warning letter and/or give recommendations to DJSN and/or the President.
(2) the warning letter as referred to in subsection (1) is given at most three (3) consecutive times with the longest period of each of the 2 (two) months.
(3) in terms of the type of rate that OJK violations committed and/or Examination findings could not be addressed within the period referred to in subsection (2), the term of validity period may assign OJK extra time of not longer than 6 (six) months.
(4) OJK may give recommendations to DJSN and/or the President in case of the BPJS did not meet the obligation to follow up on the final warning letter or on the findings of the inspection.
(5) the recommendations referred to in subsection (1) include but are not limited to: a. review the big dues health coverage and for the respective employment programs;
b. review of great benefits and health coverage for each employment programs;
c. review of investment policy of health and Employment BPJS BPJS;
d. review of the investment policy of the Fund and the guarantee fund health coverage for each employment programs; and/or e.  the replacement of some or all of the management of the BPJS BPJS health and Employment.
Chapter V TRANSITIONAL PROVISIONS article 19 at the time the regulations come into effect then this OJK Regulation OJK number: 3/05/2013 POJK of monthly reports of Non-financial services Agency Bank, stated does not apply to health and Employment BPJS BPJS.

Article 20 (1) the obligation of submission of monthly reports as referred to in article 5 paragraph (1) Letter c is performed by the BPJS BPJS health and employment since March of 2014.
(2) submission of monthly reports since March 2014 as referred to in subsection (1) includes monthly reports for the period ending on 31 January 2014 and February 28, 2014.
CHAPTER VI CLOSING PROVISIONS Article 21 this Regulation comes into force on OJK date enacted.

In order to make everyone aware of it, ordered the enactment of regulations with its placement in this OJK Gazette of the Republic of Indonesia.

Established in Jakarta on December 31, 2013, CHAIRMAN of the FINANCIAL SERVICES AUTHORITY COMMISSIONER MULIAMAN d. HADAD Enacted in Jakarta on December 31, 2013, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();