Bank Indonesia Regulation Number 8/14/pbi/2012 Year 2012

Original Language Title: Peraturan Bank Indonesia Nomor 14/20/PBI/2012 Tahun 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f8d5de520a69f313232323038.html

pbi14-20-2012bt fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 272, 2012 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5376) BANK INDONESIA REGULATION NUMBER 8/14/PBI/2012 ABOUT CHANGES to the BANK INDONESIA REGULATION number 11/2/PBI/2009 on SHORT-TERM FUNDING FACILITY for SHARIA BANKS GENERAL SHARIA with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA, Considering: a. that the macro-economic conditions and the stability of the financial sector as well as public confidence towards banking is currently getting better , so it is seen necessary to adjust the requirements of the recipient's bank facility short-term funding;
b. that based on considerations as referred to in letters a need to make changes to the Bank Indonesia Regulation number 11/2/PBI/2009 on Short-term Funding Facility for Sharia Banks Public Sharia;
Remember: 1. Act No. 11 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia year 1999 Number 66, an additional Sheet of the Republic of Indonesia Number 3843) as amended several times, the last by Act No. 6 of 2009 about the determination of the Replacement Government Regulations Act No. 2 of 2008 about the second amendment in the Law Number 23 of 1999 on Bank Indonesia into law (State Gazette in 2009 Indonesia number 7 Additional Sheets, the Republic of Indonesia Number 4962);
2. Act No. 21 of 2008 about Islamic banking (State Gazette of the Republic of Indonesia Year 2008 Number 94, an additional Sheet of the Republic of Indonesia Number 4867);
Decide: define: BANK INDONESIA REGULATION CONCERNING CHANGES to BANK INDONESIA REGULATION number 11/2/PBI/2009 on SHORT-TERM FUNDING FACILITY of SHARIA for PUBLIC BANK SYARIAH.
Article I some provisions in the regulations of Bank Indonesia number 11/2/PBI/2009 on Short-term Funding Facility for Sharia Islamic commercial banks (State Gazette of the Republic of Indonesia Number 102 in 2009, an additional Sheet of the Republic of Indonesia Number 5028) is amended as follows: 1. Article 2 is amended to read as follows: article 2 (1) the Bank has trouble short term Funding can apply for obtain FPJPS when having a capital adequacy ratio (capital adequacy ratio) the lowest 8% (eight per cent) and meets the appropriate risk profile of the Bank capital.
(2) the Bank submits FPJPS ceiling based on the estimated number of liquidity needs until the Bank meets the GWM in rupiah currency in accordance with the applicable provisions. (3) the disbursement of the Bank needs done FPJPS to fulfill the obligation of GWM in rupiah.
2. The provisions of subsection (3) amended article 5, plus one (1) paragraph, namely, subsection (6), and paragraph (5) article 5 is amended as stated in the description, so that article 5 reads as follows: article 5 (1) high-quality Collateral referred to in article 4 be: a. Securities;

b. asset financing.
(2) the types of securities as referred to in paragraph (1) letter a are: a. the securities issued by the Government of the Republic of Indonesia and/or Bank Indonesia covering SBSN and SBIS;
b. Islamic securities issued by other legal entities at the time of the petition has the least ranked FPJPS rank investment (investment grade), actively traded, and the remaining length of time securities at least 90 (ninety) days.
(3) the assets of Financing that can be used as collateral FPJPS as referred to in paragraph (1) letter b is obligated to meet the following criteria: a. the quality classified as smoothly for 12 (twelve) months;

b. is not a Financing consumption unless the financing of home ownership;
c. Financing secured by collateral of land and/or buildings that have a value of at least 140% (one hundred and forty percent) of the ceiling of the financing; d. is not related to the Financing of the Bank;

e. Financing has never been restructured;
f. the remaining period until maturity of the shortest Financing 12 (twelve) months counted from the date of approval FPJPS;
g. Financing principal balance does not exceed the maximum limit of remittances at the time given and does not exceed the ceiling of the financing; and h.  have a contract financing and collateral which has binding legal force.
(4) securities as referred to in paragraph (2) letter b can only be used as a collateral FPJPS in terms of: a. the Bank does not have a securities as referred to in paragraph (2) letter a; or b.  The Bank has a securities as referred to in paragraph (2) letter a but is not sufficient to be a collateral FPJPS.
(5) Asset Financing as referred to in paragraph (1) letter b can only be used as collateral in the event the Bank FPJPS has no securities or securities owned by the Bank is not sufficient to be a collateral FPJPS.
(6) in the event that after acquiring FPJPS are guaranteed by partially or completely with asset financing, the Bank has a securities eligible for collateral become mandatory, banks replace FPJPS asset financing with diagunkan securities.
3. The provisions of paragraph (1) letter d amended so that article 6 article 6 reads as follows: article 6 (1) the value of assets used as collateral FPJPS as referred to in article 5 are defined as follows: a. in the case of collateral in the form of collateral, the value of SBIS are set at least of 100% (one hundred percent) of the ceiling FPJPS are calculated based on the nominal value of the securities;
b. in terms of collateral in the form of collateral, the value of SBSN assigned the least amounting to 105% (one hundred and five percent) of the ceiling FPJPS are calculated based on the market value of such securities;
c. in case of collateral in the form of securities referred to in article 5 paragraph (2) letter b, the value of collateral are assigned according to the type of securities of at least 120% (one hundred and twenty percent) of the ceiling FPJPS, which is calculated based on the market value of securities;
d. in terms of collateral in the form of asset Financing, the value of the collateral assigned the least of 200% (two hundred percent) of the ceiling FPJPS, are calculated based on principal balance asset financing.
(2) provisions on the nominal value and market value as in subsection (1) letter a, letter b, letter c, and will be regulated further in the circular letter of Bank Indonesia.
4. The provisions of paragraph (4) and subsection (5) amended article 7, plus one (1) verse, namely paragraph (7), so article 7 reads as follows: article 7 (1) Collateral FPJPS as stipulated in article 5 paragraph (1) should be free from any form of Alliance, dispute, and not being pledged to the other party and/or Bank Indonesia, expressed in the statement of Directors Bank to Bank Indonesia.
(2) the Bank has acquired FPJPS are forbidden to trade in and/or menjaminkan back collateral securities that are still in the status as collateral FPJPS.
(3) the Bank is obliged to replace and/or add FPJPS collateral if it does not meet the conditions referred to in subsection (1) and paragraph (2). (4) the Bank is obligated to perform assessment of collateral FPJPS periodically in a certain period.
(5) the Bank is obligated to add and/or replace collateral FPJPS, if: a. the decline the value of securities in the form of SBSN and Shariah-compliant securities issued by legal entities referred to in article 6 paragraph (1) letter b and subparagraph c; and/or b.  diagunkan financing assets no longer meets the criteria referred to in article 5 paragraph (3) and/or a decrease in the value of assets Financing as referred to in article 6 paragraph (1) letter d. (6) for the purposes of extension FPJPS, banks can menjaminkan back assets that are becoming collateral FPJPS.
(7) further Provisions regarding the collateral valuation period FPJPS referred to in paragraph (4) is set in a circular letter of Bank Indonesia.
5. In between article 7 and article 8 inserted 2 (two) article, namely Article 7A and article 7B which reads as follows: Article 7A (1) Bank Indonesia can establish: a. addition of a certain percentage of the value of the collateral securities in the form of SBSN and Shariah-compliant securities issued by other legal entities referred to in article 6 paragraph (1) letter b and subparagraph c; and/or b. limit the percentage decline in the value of the collateral securities in the form of SBSN and Shariah-compliant securities issued by another legal entity which is higher than the percentage referred to in article 6 paragraph (1) letter b and subparagraph c.
(2) further Provisions concerning the addition of certain percentages and limits the percentage decline in the value of the collateral securities as referred to in subsection (1) is set in a circular letter of Bank Indonesia.
Article 7B (1) the Bank is obligated to maintain and menatausahakan the list of assets eligible for financing became collateral FPJPS.
(2) the Bank is obligated to report the list of asset Financing as referred to in paragraph (1) to the Bank Indonesia every 6 (six) months, i.e. to the position of the end of June and the end of December, at least 15 (fifteen) after the final position of the month in question. (3) for the first time, the report lists assets Financing submitted for the position in June 2013.
(4) the Bank can report zero if it does not have Financing assets eligible as collateral FPJPS or not to allocate Financing assets as collateral to anticipate needs FPJPS.
(5) further Provisions regarding the procedures for submission of list of asset financing and supporting documents are arranged in a circular letter of Bank Indonesia.

6. The provisions of article 10 is deleted.

7. The provisions of article 13 is amended to read as follows:


Article 13 the Bank can apply the extension FPJPS as stipulated in article 12 paragraph (2) with the following conditions: a. in return for FPJPS are due have been paid off;
b. the Bank can not fulfill the obligation of GWM in rupiah based on the estimated cash flow for 14 (fourteen) days ahead; and c.  collateral is adequate and meets the requirements referred to in article 5, article 6 and article 7.
8. The provisions of article 2 is modified to read as follows: article 2 the Bank can apply the additional value of the required all FPJPS: a. sufficient collateral and meets the requirements referred to in article 5, article 6 and article 7; and b.  the use of FPJPS haven't exceeded 90 (ninety) days successively, as stipulated in article 12 paragraph (2).
9. In between Article 14 and article 15 inserted three (3) article, namely Article 14A, 14B, Chapter and section 14 c which reads as follows: article 14A (1) approval of Bank Indonesia FPJPS solicitation referred to in article 9 paragraph (1), the extension of FPJPS as referred to in article 13, and/or the addition of FPJPS as stipulated in article 14 is carried out if: a. the Bank meets the requirements for a provisional FPJPS;

b. the Bank meets the requirements of completeness of application documents FPJPS; and c. based on the analysis of Bank Indonesia predicted that the Bank can not fulfill the obligations based on cash flow forecasts GWM for 14 (fourteen) days ahead.
(2) the grant of Approval referred to in paragraph FPJPS (1) poured in the agreement granting FPJPS between Bank Indonesia with Bank FPJPS.
(3) the agreement granting FPJPS as referred to in paragraph (2) enclosed with the binding agreement collateral FPJPS.
(4) the realization of the granting by the Bank Indonesia FPJPS made through checking account Bank concerned the rupiah at Bank Indonesia. (5) the provisions of the agreement on granting FPJPS arranged in a circular letter of Bank Indonesia.

Article 14B Bank Indonesia refuses the application for extension of FPJPS as referred to in article 13 and/or application addition FPJPS as stipulated in article 14 in terms of: a. a petition for the extension of the application and/or FPJPS addition FPJPS not according to the provisions, procedures, and requirements set forth in the regulations of Bank Indonesia; and/or b. the recipient Bank FPJPS experiencing developments that worsened the underlying liquidity, problems, and/or change the status as stipulated in the provisions of Bank Indonesia governing the determination of the status of Bank supervision and follow-up.
Article 14 c (1) Bank Indonesia stop disbursement FPJPS and/or terminate the agreement before falling FPJPS time in case of violation of the requirements of FPJPS by banks.
(2) termination of disbursements FPJPS and/or termination of the agreement referred to in paragraph FPJPS (1) caused by transgression of the collateral requirements FPJPS, done after the actions referred to in article 7 paragraph (5) is.
10. The provisions of subsection (1) and paragraph (2) of article 16 are amended so that article 16 reads as follows: (1) the Bank Indonesia Rupiah Bank checking account debit the recipient Bank Indonesia FPJPS in terms of: a. before FPJPS due and the Bank giro account balances at the Bank Indonesia exceeded liabilities GWM, the highest value of the staple FPJPS accepted Bank; b. FPJPS due, amounting to the value of the principal and FPJPS rewards; and/or c.  FPJPS terminated prior to the expiration of the agreement, amounting to the value of rewards points and FPJPS.
(2) in case the recipient's Bank current account balance Rupiah in Bank Indonesia FPJPS are not sufficient to pay the principal and FPJPS rewards, then Bank Indonesia executing collateral FPJPS. (3) Bank Indonesia still wearing rewards up to execution of collateral is completed.
(4) if the value of the results of the execution of the collateral referred to in paragraph (2) is smaller compared to the amount of rewards points and FPJPS which must be repaid by the Bank, the Bank is obligated to pay the drawback to Bank Indonesia.
(5) if the value of the results of the execution of the collateral referred to in paragraph (2) greater than the principal amount and FPJPS rewards that must be repaid by the Bank, the Bank Indonesia return the excess to the Bank.
(6) execution of the collateral referred to in paragraph (2) is conducted in accordance with the legislation in force.
11. The provisions of article 17 is amended to read as follows: article 17 within the framework of the supervision of the use of obligatory Bank FPJPS: a. submit a report to Bank Indonesia concerning the use of the Bank's liquidity conditions, FPJPS, monitoring eligibility of collateral requirements and FPJPS FPJPS at the end of each working day; and b.  deliver plan follow up improvements (action plan) to address liquidity difficulties more than 5 (five) working days after disbursement FPJPS.

12. The provisions of article 19 are deleted.

13. The provisions of article 21 is amended to read as follows: article 9 in the event that the Bank doesn't pay off FPJPS and/or do a breach of the provisions in the regulations of Bank Indonesia, the Bank is penalized in the form of: a. cannot accept FPJPS within a certain period; and/or b. administrative sanctions as provided for in section 58 subsection (1) of Act No. 21 of 2008 about Islamic banking, among others, in the form of a written reprimand, prohibition to participate in the activities of clearing, the freezing of business activities and/or the dismissal of the Executive Board of the Bank.
Article II of the regulation of Bank Indonesia began to take effect on the date set.

So everyone knows that ordered the enactment of regulations of Bank Indonesia this with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on December 17, 2012 GOVERNOR DARMIN NASUTION, BANK INDONESIA Enacted in Jakarta on December 17, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();