The Regulation Of Bank Indonesia No. 14/6/pbi/2012 Year 2012

Original Language Title: Peraturan Bank Indonesia Nomor 14/6/PBI/2012 Tahun 2012

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Back COUNTRY SHEET Republic of INDONESIA No. 136, 2012 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5322) BANK INDONESIA REGULATION number 14/6/PBI/2012 of TEST CAPABILITIES and PROPRIETY (FIT AND PROPER TEST) ISLAMIC BANKS and SYARIAH BUSINESS UNIT with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA, Considering: a. that in order to create a healthy banking system, protect the interests of stakeholders and improve compliance with the legislation in force required for the implementation of good corporate governance in Islamic banking industry;
b. that to achieve good corporate governance the Sharia banking industry, need to be owned and managed by the party that always meets the requirements of ability and propriety;
c. that in line with the development of a dynamic Islamic banking industry needed refinement mechanism test ability and propriety against the prospective owners and prospective managers Islamic banking as well as owners and managers who have been there;
d. that in order for the Sharia banking industry owned and managed by the party that always has the ability and appropriateness is required the imposition of sanctions a more deterrent effect against the owner and managers who do not meet the requirements;
e. that based on considerations as referred to in letter a, letter b, letter c, letter d, and the need to reorganize the regulation of Bank Indonesia about Test ability and Propriety (Fit and Proper Test) Islamic banks and Syariah Business Unit;
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 on TEST of ABILITY and PROPRIETY (FIT AND PROPER TEST) ISLAMIC BANKS and SYARIAH BUSINESS UNIT.
CHAPTER I GENERAL PROVISIONS article 1 In this Bank Indonesia Regulation is: 1. Bank Syariah Bank is Bank Financing and Public Islamic Sharia People.
2. the Public Sharia Bank hereinafter referred to as the BUS is a public Bank Syariah as stipulated in Act No. 21 of 2008 about Islamic banking.
3. The people's Islamic Financing Bank hereinafter called BPRS is Bank Financing of Islamic People as stipulated in Act No. 21 of 2008 about Islamic banking.
4. Public Bank conventional commercial banks as stipulated in Act No. 7 of 1992 about Banking as amended by Act No. 10 of 1998, including a branch office of a bank based abroad who carry out business activities in the conventional.
5. the Syariah Business Unit which is hereinafter referred to as UUS is work unit from the headquarters of the conventional commercial banks that serve as holding an Office or Office units that carry out the business activities based on sharia principles, or work units in the Branch Office of a bank based abroad who carry out business activities conventionally that serves as the Office of associate Sub-Office of Sharia and/or Sharia unit.
6. the representative offices of foreign banks is the representative office of the bank based abroad that do business activities based on sharia principles.
7. Controlling Shareholder who then called with the PSP is a legal entity, individual person and/or business group that: a. have the shares of the company or the Islamic Bank by 25% (twenty five percent) or more of the number of shares issued and have voting rights; or b. have a stake in the company or the Islamic banks of less than 25% (twenty five percent) of the total number of shares issued and have voting rights but is concerned can be proven to have been controlling companies or Islamic banks, either directly or indirectly.
8. Control is an act which aims to influence the management and/or policy of the company, including Islamic banks, by any means, either directly or indirectly.
9. General meeting of shareholders the GENERAL MEETING OF SHAREHOLDERS is called the next GENERAL MEETING OF SHAREHOLDERS referred to in Act No. 40 year 2007 on limited liability company.
10. The Board of Commissioners is the Board of Commissioners as mentioned in Act No. 40 year 2007 on limited liability company.
11. The Board of Directors the Board of Directors are referred to in Act No. 40 year 2007 on limited liability company.
12. Director of UUS are Board members of conventional commercial banks or foreign bank branch leader who manages and is responsible for the operations of UUS.
13. the Executive Officer is the officer responsible directly to the Board of Directors and/or have significant effects against policy and/or operational Islamic banks or UUS, among other heads of Division, heads of regional offices, head offices, head offices, functional position at least equivalent to the head of the Branch Office, the head of the risk management work unit, the head of the unit of work compliance, and internal audit work unit head or other equivalent officers.
14. The list does not pass which is hereinafter referred to as DTL is a ditatausahakan list by Bank Indonesia containing the party which got the predicate do not pass in a test of ability and propriety against the controlling shareholder, Member of the Board of Commissioners, Board of Directors, and Executive Officer.
15. Certain Criminal Act is a criminal offence which is referred to in Act No. 8 of 2010 about the criminal offence of money laundering.
Article 2 (1) of the parties including the governing Islamic banking and is subject to the mandatory provisions of the UUS in the regulations of Bank Indonesia.
(2) the parties including the governing Islamic banks as referred to in subsection (1) is the individual person, legal entity or business group that performs control of Islamic banks, including PSP, a member of the Board of Commissioners, Board of Directors, executive officers and Islamic banks.
(3) the parties including the governing UUS as referred to in subsection (1) is the Director and Executive Officer UUS UUS.
(4) control of Islamic banks as referred to in paragraph (2) may be made by way of, among others, the following: a. has in own or together 25% (twenty five percent) or more of the shares of Islamic banks;

b. directly running the management and/or policy affecting Islamic banks;
c. has the right option or other right to have shares that when used will cause such parties have and/or control in own or together 25% (twenty five percent) or more of the shares of Islamic banks;
d. cooperation or actions that are in line to achieve a common goal in controlling Islamic banks (acting in concert) with or without a written agreement with the other party, so that jointly owns and/or control 25% (twenty five percent) or more Islamic banks stocks, either directly or indirectly, with or without a written agreement;
e. cooperation or actions that are in line to achieve a common goal in controlling Islamic banks (acting in concert) with or without a written agreement with the other party, so that collectively have the right options or other rights to own shares, which when exercised those rights cause that party owns and/or control together 25% (twenty five percent) or more of the shares of Islamic banks;
f. control of one or more other companies as a whole have and/or control together 25% (twenty five percent) or more of the shares of Islamic banks;
g. has the authority to approve and/or dismiss a member of the Board of Commissioners, Board of Directors and supervisory board Sharia;
h. indirectly affect or running the management and/or policy of the Islamic banks;
i. do the control of the parent company or holding company in finance from Islamic banks; and/or j. did control of the party that do Control as stated on the letter a to letter i. Chapter 3 test of ability and propriety are done by Bank Indonesia against: a. candidate for PSP, the members of the Board of Commissioners, and members of the Board of Directors of Islamic banks, and aspiring directors of UUS, as well as leaders of representative offices of foreign banks;
b. PSP, a member of the Board of Commissioners, Board of Directors and executive officers of Syariah Bank, Director and Executive Officer UUS UUS, as well as leaders of representative offices of foreign banks;
c. the parties are not being or have not served as a party referred to in subparagraph b, who indicated being involved or responsible for any act or action which is in process of testing ability and propriety in Islamic banks, UUS, or representative offices of foreign banks.
Article 4 the parties are undergoing legal process and/or process is undergoing a test of ability and propriety in a bank, can not be filed to become a candidate for the PSP, the members of the Board of Commissioners, the members of the Board of Directors of Islamic banks, or prospective Director of UUS.

CHAPTER II TEST of ABILITY and PROPRIETY AGAINST the CANDIDATES of CONTROLLING SHAREHOLDER of SYARIAH BANK article 5

(1) to be a PSP PSP candidates, Islamic banks obliged to obtain approval from Bank Indonesia.
(2) in giving the consent referred to in subsection (1), Bank Indonesia did test ability and propriety against the candidate of the PSP.
(3) Candidates who have not yet obtained the consent of PSP from Bank Indonesia, however, already have shares of Islamic banks, prohibited conduct as the PSP.
The first part of the test of the ability Factors and the propriety of Chapter 6 Test ability and propriety against the candidate of the PSP is done to assess eligibility: a. integrity; and b. financial eligibility.

Article 7 terms of integrity as stipulated in article 6 letter a include: a. have the morals and good moral, among others, demonstrated by the attitude of complying with applicable provisions, including never convicted of committing Certain criminal acts proved to be within 20 (twenty) last year before it was nominated; b. has a commitment to comply with applicable laws and regulations;

c. have a commitment to the development of a healthy Islamic Bank operations;

d. not listed in the DTL; and e. a commitment not to be doing and/or repeat the Act and/or action referred to in Article 28 and article 29, for a PSP candidate ever has the predicate do not pass in a test of ability and propriety and have undergone a sanction as referred to Article 36 paragraph (1), article 38, letter b Article 41 paragraph (2) letter a and section 41 subsection (5).
Article 8 the financial eligibility Requirements referred to in article 6 letter b, among others, evidenced by: a. have the financial capability that can support the development of Islamic banking business;

b. do not have a credit/financing bogged down and/or debt due and troubled;
c. never declared bankruptcy or has never been a shareholder, Member of the Board of Commissioners or directors convicted of causing a company declared bankruptcy on the basis of the statutes of the Court within 5 (five) years prior had been nominated; and d. have a commitment to do the necessary efforts in order to overcome the difficulties of capital or liquidity faced by Islamic banks.
The second part of The test of the ability and Appropriateness of article 9 (1) petition to become a PSP as stipulated in article 5 paragraph (1) proposed by the Islamic Bank to Bank Indonesia accompanied by administrative requirements documents.
(2) in the case of candidates PSP purchase shares of the Bank stock divestment program through Islamic countries over the inclusion of capital while the institution's authorities then petition to become a PSP as referred to in paragraph (1) be filed by the authorized institution.
Article 10 Upon application to become a PSP as referred to in article 9, Bank Indonesia did test ability and propriety, which include: a. administrative research; and b. the interview.
Article 11 (1) in the case of candidates PSP Syariah Bank shaped legal entities, test the ability and appropriateness as stipulated in article 10 of the body of law, Member of the Board of Commissioners and Board of Directors members of the legal entity concerned, as well as a party based on the assessment of Bank Indonesia is the controlling shareholder of the last (ultimate shareholders) of legal entities.
(2) in terms of the ultimate shareholders are other Governments, and the law of the country concerned does not allow the ultimate shareholders gives the data and documents, Bank Indonesia set another party which is directly controlled by the Government of another country such as the ultimate shareholders based on supporting documents which are valid.
(3) implementation of PSP candidates against interview Islamic Bank-shaped body of law committed against a member of the Board of Commissioners and the Board of directors appointed by the concerned legal entities and parties based on assessment of Bank Indonesia is the ultimate shareholders.
(4) in addition to the parties mentioned in paragraph (1) and paragraph (2), Bank Indonesia can assign another party which is considered controlling, to deliver the administrative requirements and/or interviews.
(5) the results of a test of ability and propriety against the parties referred to in subsection (1), subsection (2), and subsection (3) constitute a single entity and is the result of a test of ability and propriety against the legal entity referred to in subsection (1).
Article 12 in the event that a candidate is a Government Sharia Bank PSP then the execution of the interview referred to in article 10 the letter b is only done if deemed necessary.

Article 13 (1) Bank Indonesia authorities to stop the test candidates ability and propriety of the PSP, if at the time of the test the ability and appropriateness of these candidates do is undergoing legal process and/or process is undergoing a test of ability and propriety in a bank.
(2) the termination referred to in paragraph (1) notified to the parties and Islamic banks tested.
(3) the PSP Candidates stopped testing ability and propriety as referred to in paragraph (1), may be brought back to Bank Indonesia to become a candidate for the PSP, if those concerned have undergone legal process and/or test the ability and appropriateness in a bank.
The third part of the test results the ability and Appropriateness of article 14 (1) administrative and research based on the results of the interview referred to in article 10, Bank Indonesia set the final results of the test of ability and propriety with: a. the Pass; or b. does not pass.
(2) the candidates who obtain a predicate PSP does not pass as intended in paragraph (1) letter b: a. is declared ineligible as a PSP on Islamic banks in question; and b. the compulsory transfer ownership of shares has been purchased to another party.
Article 15 (1) Bank Indonesia set the final results of the test of ability and propriety as stipulated in article 14 paragraph (1) longest thirty (30) working days after application with administrative requirements documents are received in full.
(2) Bank Indonesia tells test results the ability and appropriateness as referred to in paragraph (1) in writing to Islamic banks in the form of approval or rejection.
(3) in addition to Islamic banks as referred to in paragraph (2), the Bank of Indonesia authorities notify the test results the ability and appropriateness to the other party concerned.
CHAPTER III TEST of ABILITY and PROPRIETY AGAINST the MEMBERS of the BOARD of COMMISSIONERS and the MEMBERS of the BOARD of DIRECTORS of SYARIAH BANK article 16 (1) the members of the Board of Commissioners and Board of Directors member candidates mandatory Islamic banks to gain approval from Bank Indonesia before running the tasks and functions of the Office.
(2) the members of the Board of Commissioners and/or prospective Board members the Islamic banks have not got the approval of Bank Indonesia was banned from performing actions as a member of the Board of Commissioners and/or Board members even though it has got approval and appointed by the GENERAL MEETING OF SHAREHOLDERS.
The first part of the test of the ability Factors and the propriety article 17 Test ability and propriety against the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks is done to assess eligibility: a. integrity;

b. competence; and c. financial reputation.

Article 18 the integrity Requirements referred to in article 17 the letter a for prospective members of the Board of Commissioners and the members of the Board of directors include: a. have the morals and good moral, among others, demonstrated by the attitude of complying with applicable provisions, including never convicted of committing Certain criminal acts proved to be within 20 (twenty) last year before it was nominated; b. has a commitment to comply with applicable laws and regulations;

c. have a commitment to the development of a healthy Islamic Bank operations;

d. not listed in the DTL; and e. a commitment not to be doing and/or repeat the Act and/or action referred to in Article 28 and article 29, for the members of the Board of Commissioners or members of the Board of Directors ever have the predicate do not pass in a test of ability and propriety and have undergone a sanction as referred to Article 36 paragraph (1), article 38, letter b Article 41 paragraph (2) letter a and section 41 subsection (5).
Article 19 the requirements of competence referred to in article 17 the letter b include: a. for prospective members of the Board of Commissioners of the BUS include among other things: 1) have the knowledge, understanding and/or experience in the field of Islamic banking operations are enough;
2) have a willingness and ability to supervise the business activities of the BUS to fit the principle of prudence and the principle of Islamic Sharia in banking; and 3) have a knowledge and understanding in the application of risk management;
b. for prospective members of the Board of Commissioners BPRS include among other things: 1) have the knowledge, understanding and/or experience in the field of Islamic banking operations are enough; and 2) have the will and the ability to supervise the business activities of the BPRS to conform with the principle of prudence and the principle of Islamic Sharia in banking;
c. for prospective Board members include, among others: BUS 1) have a knowledge and understanding in the field of Islamic banking operations are enough;
2) have experience and expertise in the field of operational banking, Islamic banking, Islamic finance or finance;
3) have the ability to do strategic management in the framework of the development of a healthy and resilient BUS; and 4) have the knowledge, understanding and skills in the application of risk management;
d. for prospective members of the Board of Directors of BPRS include among other things: 1) has knowledge and understanding in the field of Islamic banking operations are enough;
2) have experience and expertise in the field of operational banking, Islamic banking, Islamic finance or finance; and 3) have the ability to do strategic management in the framework of the development of BPRS are healthy and resilient.
Article 20


Financial reputation requirements for prospective members of the Board of Commissioners and Board of Directors member candidates as stipulated in article 17 the letter c covers: a. do not have a credit/financing bogged down; and b. never declared bankruptcy or become directors or Commissioners who were convicted of causing a company declared bankruptcy, within 5 (five) years prior had been nominated.
Article 21 (1) eligibility for experience and expertise for potential Directors BUS referred to in Article 7 letter c figure 2, includes eligibility that the majority of Board members required to have experience of at least 4 (four) years with the lowest position as Executive Officer in the banking industry and at least one (1) year of which served as least as Executive Officer on the BUS and/or UUS.
(2) for the BUS which was established through the process of changing business activities, for the first time a provision referred to in subsection (1) only required for one (1) the members of the Board of Directors.
(3) a majority of the members of the Board of Directors of BUSES results change mandatory business activities meet the provisions as referred to in paragraph (1) longest-2 (two) years after permission changes in business activities is given.
The second part of The test of ability and the propriety of section 22 (1) an application for obtaining the approval of the members of the Board of Commissioners and Board of Directors member candidates proposed by Islamic banks to Bank Indonesia accompanied by administrative requirements documents.
(2) the petition to obtain approval of the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks as referred to in paragraph (1) may be brought by the Government or a government agency which represents in terms of all or a majority stake in the Government-owned Islamic Bank, both the Center as well as the region.
(3) in the case of Sharia Bank Board members authorized to submit an application as referred to in paragraph (1), could not perform its function or has a conflict of interest with its Syariah Bank, the petition filed by: a. the other Board members who have no conflict of interest with its Syariah Bank;
b. members of the Board of Commissioners in all members of the Board of directors could not perform its function or has a conflict of interest with its Syariah Bank; or c. any other party designated by the GENERAL MEETING if all members of the Board of Commissioners or members of the Board of directors could not perform its function or has a conflict of interest with its Syariah Bank.
(4) the members of the Board of Commissioners and Board of Directors member candidates put forward in the application referred to in subsection (1) at most amount to 2 (two) for each job position and determination of the proposed candidates has been done in accordance with the legislation in force.
Article 23 over the petition to obtain approval of the members of the Board of Commissioners and Board of Directors member candidates as stipulated in article 10 paragraph (1), Bank Indonesia did test ability and propriety, which include: a. administrative research; and b. the interview, if necessary.

Article 24 (1) Bank Indonesia authorities to stop testing capabilities and the propriety of the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks, if at the time of the test the ability and appropriateness of these candidates do is undergoing legal process and/or process is undergoing a test of ability and propriety in a bank.
(2) the termination referred to in paragraph (1) notified to the parties and Islamic banks tested.
(3) the members of the Board of Commissioners and the members of the Board of Directors of the Islamic banks halted test ability and propriety as referred to in paragraph (1), may be brought back to Bank Indonesia to be the members of the Board of Commissioners and Board of Directors, Islamic banks in question has undergone legal process and/or have been through the process of testing ability and propriety in a bank.
The third part of the test results the ability and Appropriateness of article 25 (1) based on the administrative research and interview results as stipulated in article 23, the Bank Indonesia set the final results of the test of ability and propriety with: a. the Pass; or b. does not pass.
(2) in the event that the members of the Board of Commissioners and Board of Directors member candidates obtain a predicate does not pass as intended in paragraph (1) letter b however has got approval and was appointed as a member of the Board of Commissioners and Board of Directors Sharia Bank by a decree of the GMS then the corresponding prohibited conduct the action as a member of the Board of Commissioners and Board of Directors on Islamic banks are concerned.
(3) a compulsory follow up Islamic banks did not pass the consequences referred to in subsection (2) is the longest of three (3) months from the date of notification of the Bank Indonesia.
(4) the mandatory Islamic banks reported follow-up as referred to in paragraph (3) to Bank Indonesia within a period of not longer than 7 (seven) working days.
Article 26 (1) Bank Indonesia set the final results of the test of ability and propriety as stipulated in article 25 paragraph (1) longest thirty (30) working days after application with the administrative requirements of the documents received from the Islamic Bank in full.
(2) Bank Indonesia tells test results the ability and appropriateness as referred to in paragraph (1) in writing to Islamic banks in the form of approval or rejection.
(3) in addition to Islamic banks as referred to in paragraph (2), the Bank of Indonesia authorities notify the test results the ability and appropriateness to the other party concerned.
Article 27 the provisions and procedures for the appointment of the members of the Board of Commissioners and Board of Directors member candidates who have received the approval of Bank Indonesia as stipulated in article 26 paragraph (2) subject to the provisions of Bank Indonesia governing BUS or the BPRS.

CHAPTER IV TEST of ABILITY and PROPRIETY AGAINST the CONTROLLING SHAREHOLDER, Member of the Board of Commissioners, BOARD of DIRECTORS, EXECUTIVE OFFICERS and ISLAMIC BANKS in the first part of the test coverage capability and Appropriateness of article 28 Test ability and propriety in order the appraisal came back against the PSP as stipulated in article 3 letter b is performed in case there are any indication of the problems the integrity and/or feasibility of finance which includes: a. acts either directly or indirectly in the form of : 1) affect and/or to have a member of the Board of Commissioners, Board of Directors, executive officers and/or employee of Islamic banks to hide and/or obscure the violation of a provision or financial condition and/or actual transactions;
2) affect and/or to have a member of the Board of Commissioners, Board of Directors, executive officers and/or employee of Islamic banks to deliver profits to shareholders is not natural, Member of the Board of Commissioners, Board of Directors, supervisory board, executive officers, employees, and/or other parties that can harm or reduce the advantage of Islamic banks; and/or 3) affect and/or to have a member of the Board of Commissioners, Board of Directors, executive officers and/or employee of Islamic banks to perform acts that violate the principle of the precautionary – hatian in banking, banking principles and/or sharia principles in the field of Islamic banking;
b. proving to do Certain criminal acts which have been terminated by the Court and have the force of law;
c. proved to cause Islamic banks have difficulties that endanger the survival efforts of Islamic banks and/or may harm the banking industry;
d. proven to not carry out the orders of the Bank Indonesia to perform and/or not do a certain action; e. proved to have credit/financing bogged down;
f. proved to be declared bankrupt and/or become a shareholder, Member of the Board of Commissioners or directors convicted of causing a company is declared bankrupt;
g. not able to undertake the necessary efforts in Islamic banks facing difficulties of capital or liquidity; or h. proved to provide commitment and/or do not meet the agreed commitments with Bank Indonesia and/or the Government.
Article 29 a test of ability and propriety in order the appraisal back against a member of the Board of Commissioners, Board of Directors and executive officers as referred to in article 3 letter b is performed in case there are indications of problems of integrity, competence and/or financial reputation which includes: a. acts either directly or indirectly in the form of: 1) hide and/or obscure the violation of a provision or financial condition and/or actual transactions;
2) give you an advantage in unnatural to the shareholders, the members of the Board of Commissioners, Board of Directors, supervisory board, executive officers, employees, and/or other parties that can harm or reduce the advantage of Islamic banks;
3) violating the principle of prudence in banking and banking principles that are healthy; and/or 4) violates the sharia principles in the field of Islamic banking;
b. proving to do Certain criminal acts which have been terminated by the Court and have the force of law;
c. proved to cause Islamic banks are having trouble that jeopardize the survival of his business or may harm the banking industry;
d. proven to not carry out the orders of the Bank Indonesia to perform and/or not do a certain action;
e. proved to have credit/financing bogged down;
f. proved to be declared bankrupt and/or be a member of the Board of Commissioners or directors convicted of causing a company is declared bankrupt;
g. not able to undertake strategic management in the framework of the development of Islamic banks are healthy;
h. provide proven commitment and/or do not meet the agreed commitments with Bank Indonesia and/or Governments; or

i. do not do any act or action that becomes the duties and responsibilities resulting in violations or action referred to in letter a, letter c and/or d. The second part of The test of the ability and Appropriateness of article 30 (1) a test of ability and propriety against the PSP as stipulated in article 3 letter b is done for the whole party that do control of Islamic banks as referred to in article 2 paragraph (4) related to the PSP that will be tested.
(2) the results of a test of ability and propriety against the PSP as stipulated in article 3 letter b and do control of Islamic banks as referred to in subsection (1) is a single entity and apply to the PSP and the party that performs control of Islamic banks associated with the PSP votes, unless it can be proven otherwise.
(3) the Proof referred to in paragraph (2) was conducted by the parties concerned in the test measures abilities and propriety as stipulated in article 31.
Article 31 (1) Bank Indonesia tested the ability and appropriateness based on evidence, data and information obtained from the results of supervision as well as other information.
(2) Test capabilities and fit as intended in paragraph (1) is done with the following steps: a. clarification of evidence, data and information to the tested;

b. the determination and delivery of test results while the ability and appropriateness to the tested;

c. response of the tested against results while testing ability and propriety; and d. the determination and notice of final results of the test of ability and propriety to the test.
(3) the parties are given the opportunity to convey that tested the response to request for clarification of the evidence, the data and information referred to in paragraph (2) letter a, the longest 10 (ten) working days counted from the date of request for clarification from Bank Indonesia.
(4) in the event that was tested did not use the right to convey the clarification of evidence, data and information in the specified period of time referred to in subsection (3), Bank Indonesia will do further assessment measures.
(5) those who are tested are given the opportunity to convey the response results while as referred to in paragraph (2) Letter c, the longest 10 (ten) working days counted from the date of the letter of Bank Indonesia.
(6) in the event that was tested did not use the right to deliver the response to the temporary result within a period defined as referred to in paragraph (5) then the Bank Indonesia set a temporary result test capabilities and fit into the final test of ability and propriety.
Article 32 of the Bank Indonesia authorities establish the final results of the test of the ability and appropriateness with the predicate does not pass without doing some or all of the steps – steps as stipulated in article 31 paragraph (2), if the Party examined: a. disconnected guilty in criminal acts by Certain courts and has the force of law; or b. be declared bankrupt and/or being a shareholder, Member of the Board of Commissioners or directors convicted of causing a company declared bankruptcy on the basis of the Court ruling and has the force of law.
The third part of the test results the ability and Appropriateness of article 33 (1) Bank Indonesia set the final results of the test of ability and propriety into 2 (two) predicate, i.e.: a. Pass; or b. does not pass.
(2) the determination of the final results of the test of ability and propriety as referred to in subsection (1) is performed based on the level of involvement of the parties was tested.
(3) final results of the test of ability and propriety as referred to in subsection (1) is valid from the date of the letter of assignment of Bank Indonesia as stipulated in article 31 paragraph (2) letter d. Article 34 (1) Bank Indonesia tells the final results of the test of ability and propriety in writing to Islamic banks and tested.
(2) in addition to the parties referred to in subsection (1), Bank Indonesia authorities notify the end results test capabilities and fit to any other interested parties.
The fourth part the consequences of test results the ability and Appropriateness of article 35 (1) PSP, a member of the Board of Commissioners, Board of directors or executive officers of Syariah Bank defined predicate Pass was declared eligible for the PSP, remains a member of the Board of Commissioners, Board of directors or executive officers of Syariah Bank.
(2) the PSP, a member of the Board of Commissioners, Board of directors or executive officers of Syariah Bank defined predicate does not pass banned to be: a. shareholders of more than 10% (ten percent) and/or PSP in the whole Islamic banks;

b. shareholders on a Conventional Bank or commercial banks Of the people; and/or c. members of Board of Commissioners, Board of Directors, Director, Executive Officer, UUS or leaders of representative offices of foreign banks in the banking industry.
Article 36 (1) prohibition against parties to a given predicate does not pass as stipulated in article 35 paragraph (2) are defined as follows: a. for a period of three (3) years: 1) for the PSP if proven action – action as stipulated in article 28 the number 3, letter a of article 28 d, article 28 Article 28 e-letter, the letter g, or article 28 h; and 2) for members of the Board of Commissioners, Board of Directors, or executive officers when proven to perform actions as stipulated in article 29 the number 3, letter a of article 29 Article 29 the letter d, letter e, section 29 g, 29 h, Article or article 29 the letter i; b. during the period of 5 (five) years: 1) for the PSP if: a) proven to perform actions as stipulated in article 28 a number 1 or article 28 a number 2; or b) proven to perform actions as stipulated in article 28 the number 3, letter a of article 28 Article 28 letter d, letter e, article 28 g, Article 28 or the letter h, and the Act in question: i. is performed repeatedly;

II. is done cumulatively; or iii. proved favorable to yourself or any other party; 2) for members of the Board of Commissioners, Board of directors or executive officers when: a) proven to perform actions as stipulated in article 29 the letter a number 1 or article 29 letters a number 2; or b) proven to perform actions as stipulated in article 29 the number 3, letter a of article 29 Article 29 the letter d, letter e, section 29 g, 29 h, Article or article 29 the letter i and the deed in question: i. is performed repeatedly;

II. is done cumulatively; or iii. proved favorable to yourself or any other party; c. during a period of 20 (twenty) years: 1) for the PSP if proven action – action as referred to in article 28, letter b of article 28 Article 28 c or letter letter f; and 2) for members of the Board of Commissioners, Board of directors or executive officers if proven action – action as stipulated in article 29 the letter b, letter c of article 29 or of article 29 the letter f.
(2) the period of the prohibition referred to in paragraph (1) is calculated from the date of the letter of assignment of Bank Indonesia as stipulated in article 31 paragraph (2) letter d. Article 37 (1) of banned Parties be PSP as stipulated in article 35 paragraph (2) letter a: a. prohibited conduct as a PSP;
b. can only run right as a shareholder with voting rights to the amount taken into account in the quorum of the GENERAL MEETING OF SHAREHOLDERS at most 10% (ten per cent) of all shares of Syariah Bank; and c. the mandatory lowering ownership being most numerous 10% (ten per cent) in the whole of Islamic Bank within 6 (six) months.
(2) compulsory Islamic Bank include a description in the list of Shariah-compliant Bank shareholders about the status of the PSP as referred to in paragraph (1).
(3) in the event that set the predicate do not pass is the PSP of Islamic banks in handling/rescue by Lps then a period of decline in ownership obligations as referred to in paragraph (2) Letter c refers to laws on Lps and regulatory implementation.
(4) the mandatory Islamic Bank reports decline in realization of the shares referred to in subsection (1) the letter c to Bank Indonesia within a period of not longer than 7 (seven) working days after the SHAREHOLDERS MEETING which ratified the transfer of ownership of such shares.
Article 38 in terms of not losing its stock ownership PSP in accordance with a defined time period referred to in Article 37 paragraph (2) Letter c then: a. submit a letter of authority mandatory PSP selling to another party who are appointed or approved by Bank Indonesia or to Bank Indonesia with the right of substitution within a period of 7 (seven) working days since the expiration of the period of liabilities decrease in share ownership; b. the period of prohibition to the PSP set to be over 20 (twenty) years;

c. name of the PSP notified to the supervisory authority of the capital markets;

d. voting rights PSP not accounted for in the GENERAL MEETING OF SHAREHOLDERS;

e. voting rights PSP not reckoned as counting of the quorum of the GENERAL MEETING OF SHAREHOLDERS or not;
f. dividends that can be paid to PSP at most 10% (ten percent) and the rest is paid out after the PSP turn their ownership; and g. the concerned the PSP's name was announced to the public through the 2 (two) the mass media that have a wide circulation.

Article 39 Bank Indonesia authorities have formed a Committee to deal with the decline in the stock of PSP as stipulated in article 38 the letter a.

Article 40 (1) of the Act of lowering the stock ownership as stipulated in article 37 paragraph (1) the letter c can be done through grants or through sales to parties who have no family relations to second degree with PSP and/or parties not included in the PSP business group.

(2) in the event of a decrease in ownership referred to in subsection (1) done by redirecting the shares to the family ties up to the second degree and/or party that is a group effort of the PSP assigned predicate is not passed then: a. the redirection is not considered as a decrease of ownership as stipulated in article 37 paragraph (2) Letter c;
b. prohibited conduct record-keeping Islamic banks for the party who receives the redirection in the list of shareholders of Islamic banks; and c. the party that receives the transfer did not obtain its rights as a shareholder.
Article 41 (1) the parties are barred from being a member of the Board of Commissioners, Board of Directors, the Director of the Executive Officials, UUS, or leaders of representative offices of foreign banks as referred to in article 35 paragraph (2) Letter c: a. prohibited conduct as a member of the Board of Commissioners, Board of Directors, the Director of the Executive Officials, UUS, or leaders of representative offices of foreign banks; and b. the obligatory stop as a member of the Board of Commissioners, Board of Directors, the Director of the Executive Officials, UUS, or leaders of representative offices of foreign banks.
(2) a compulsory follow up Islamic banks did not pass the consequences referred to in subsection (1) is the longest of three (3) months from the date of notification of the Bank Indonesia.
(3) compulsory Islamic banks reported follow-up as mentioned in subsection (2) to Bank Indonesia within a period of not longer than 7 (seven) working days.
(4) in the event that a member of the Board of Commissioners, Board of Directors, the Director of the Executive Officials, UUS, or leaders of representative offices of foreign banks as referred to in paragraph (1) are still doing as Commissioner, Board of Directors, Director, Executive Officer, UUS or leaders of representative offices of foreign banks, then: a. the period of prohibition to the question set to be over 20 (twenty) years; and b. the disobedience of Syariah Bank Supervisory Authority notified to the capital markets.
(5) the PSP that does not follow through on the consequences referred to in subsection (2), granted the title did not pass with the period of prohibition for 20 (twenty) years.
(6) the determination of the sanction doesn't pass for 20 (twenty) years referred to in subsection (5) is preceded by the letter of reprimand from the Bank Indonesia as much as two (2) times with grace period of each letter of reprimand is 5 (five) working days.
Article 42 in the event that all or part of the members of the Board of Commissioners and/or Board members set No pass and according to the assessment of the Bank Indonesia Board of Directors vacancy and/or the Commissioner may interfere with the operational activities of Islamic banks, Bank Indonesia is authorized to appoint a replacement for a while until a permanent replacement for lifting the GMS in accordance with the provisions of the applicable invitation – militate.

Part five Reapply to be a PSP, a member of the Board of Commissioners and Board of Directors Sharia Bank Article 43 (1) the party that does not pass the predicate specified and is subject to restrictions as stipulated in article 35 paragraph (2) may be brought back to Bank Indonesia to become a candidate for the PSP, the members of the Board of Commissioners and the members of the Board of Directors if the imposition of the sanction period the ban referred to in Article 36 paragraph (1) Article 38, letter b, of article 41 paragraph (2) letter a, and section 41 subsection (5) has been exceeded.
(2) the PSP in the form of a legal entity that does not pass the predicate specified and is subject to restrictions as stipulated in article 35 paragraph (2) may be brought back to Bank Indonesia to become a candidate for the PSP before the end of a period of imposition of sanctions the prohibition referred to in Article 36 paragraph (1), article 38, letter b Article 41 paragraph (2) letter a and section 41 subsection (5) all legal entities concerned have been replacing those who do control of legal entities in question are in test capabilities and the propriety of gaining the title did not pass.
(3) upon assessment of the request for return was candidate for the PSP, the members of the Board of Commissioners and Board of Directors Sharia Banks as referred to in paragraph (1) was carried out in accordance with the provisions as set forth in CHAPTER II and chapter III of the regulation of Bank Indonesia.
Chapter V TEST the ABILITY and APPROPRIATENESS for PROSPECTIVE SYARIAH BUSINESS UNIT DIRECTOR, the Director of SYARIAH BUSINESS UNIT, and SYARIAH BUSINESS UNIT EXECUTIVE OFFICER Article 44 Director UUS required to have competence in the field of Islamic banking and commitment in the development of UUS.

Article 45 of the petition to obtain approval of the prospective Director UUS as referred to in paragraph (1) proposed by the public Bank conventional or branch office of a bank based abroad who carry out business activities which have conventionally UUS to Bank Indonesia accompanied by administrative requirements documents.

Article 46 (1) a Party who had been nominated to become Director of the UUS can come from: a. a member of the Board of Directors of public Bank conventional or branch office of a bank based abroad who carry out business activities which have conventionally UUS, who served concurrently as Director of the UUS;
b. members of the Board of Directors of public Bank conventional or branch office of a bank based abroad who carry out business activities which have conventionally UUS, to be assigned concurrently as Director of the UUS; or c. the candidate General Conventional Bank Board members or the Branch Office of a bank based abroad who carry out business activities which have conventionally UUS and has been established since the beginning will be serving as Director of the UUS with authority and responsibility just to manage business activities of UUS.
(2) the candidate Director UUS as referred to in paragraph (1) letter a follows the interview process when necessary.
(3) the candidate Director UUS as referred to in paragraph (1) letter b mandatory following the test of the ability and appropriateness of test conditions based on ability and propriety that apply to Conventional commercial banks.
(4) in case the candidate Director UUS as referred to in paragraph (1) letter a rated: a. do not have competence in the field of Islamic banking, in question may be submitted by a public Bank conventional or branch office of a bank based abroad who carry out business activities which have conventionally UUS to do reevaluate the longest 90 (ninety) days from notice of Bank Indonesia; or b. has no commitment in the development of the concerned UUS, is declared ineligible as Director of UUS.
(5) if based on repeated assessment as referred to in paragraph (2) letter a, the future Director of the UUS votes still don't have competence then public Bank conventional or branch office of a bank based abroad who carry out business activities which have conventionally UUS mandatory change with other candidates.
Article 47 (1) of the Ordinance test capability and appropriateness for prospective Directors UUS as stipulated in article 46 paragraph (2) Letter c, based on the provisions of CHAPTER III of the regulation of Bank Indonesia, except Article 7 letter a, letter b article 19, letter d article 19, article 21, article 22 paragraph (1), and article 27.
(2) the conditions and procedures for the appointment of a candidate who has been Director of UUS approval from Bank Indonesia is subject to the provisions of Bank Indonesia governing UUS.
Section 48 of the Ordinance test capability and appropriateness for the Director and Executive Officer UUS UUS as stipulated in article 3 letter b based on the provisions of CHAPTER IV of the regulation of Bank Indonesia, except Article 28, article 30, article 36 paragraph (1) letter a number 1 of article 36, paragraph (1) letter b number 1, article 36 paragraph (2) Letter c number 1, article 37 , Article 38, article 39, article 40 and article 43, paragraph (2).

CHAPTER VI TEST ABILITY and PROPRIETY AGAINST the LEADERS of REPRESENTATIVE OFFICES of FOREIGN BANKS of article 49 (1) of the Ordinance testing ability and propriety against the would-be leaders of representative offices of foreign banks based on Bank Indonesia Regulation CHAPTER III.
(2) the procedures for testing ability and propriety against the leaders of representative offices of foreign banks based on Bank Indonesia Regulation CHAPTER IV.
(3) a test of ability and propriety against the leaders of representative offices of foreign banks was conducted when there are indications that the offence in question or discrepancy between the activities of representative offices of foreign banks.
CHAPTER VII TEST ABILITY and PROPRIETY in ISLAMIC BANKS and CONVENTIONAL COMMERCIAL BANKS that HAVE the UUS in RESCUE/HANDLING by LPS (LPS) the first part Tests abilities and Propriety against the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks as well as the prospective Director UUS article 50 (1) in terms of Islamic banks are in the rescue or handling by LPS then test capabilities and fit just made against the members of the Board of Commissioners and the members of the Board of Directors.
(2) in the case of conventional commercial banks that have the UUS is in handling or rescue by LPS then test the ability and appropriateness are solely against the prospective Director of UUS.
(3) the petition to obtain approval of the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks as referred to in paragraph (1) and aspiring Director UUS as referred to in paragraph (2) presented by the LPS to Bank Indonesia.
Article 51 test Requirements the ability and appropriateness for the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks, as well as the prospective Director UUS as stipulated in article 50 are based on Chapter 4, article 16, chapter III, part one, article 44 and article 46 of the regulation of Bank Indonesia.

Article 52 (1) Test Execution ability and propriety for prospective members of the Board of Commissioners and/or prospective Board members of Syariah Bank, as well as the prospective Director UUS as stipulated in article 46 paragraph (2) Letter c is done with the following steps:


a. administrative form research requirement is not listed in the list of bad credit and DTL;

b. other administrative research; and c. the interview, if necessary.
(2) the candidate Director UUS as stipulated in article 46 paragraph (1) letter a follows the interview process when necessary.
(3) the candidate Director UUS as stipulated in article 46 paragraph (1) letter b mandatory following the test of the ability and appropriateness of test conditions based on ability and propriety that apply to Conventional commercial banks.
Article 53 (1) in terms of research based on the results referred to in Article 52 paragraph (1) a party being tested is not listed in the list of bad credit and DTL, Bank Indonesia authorities gave approval to the interim tested to perform tasks and functions as a member of the Board of Commissioners, Board of Directors, and Director of UUS.
(2) in the case based on the results of the research referred to in Article 52 paragraph (1) a party being tested are listed in list of bad credit and/or DTL, Bank Indonesia did not give consent and: a. the party tested prohibited conduct action as a member of the Board of Commissioners, Board of Directors, and Director of the UUS; and b. the GOVERNMENT delivered a return of application for the members of the Board of Commissioners, the members of the Board of Directors, and aspiring directors of UUS who are new to gain approval from Bank Indonesia.
(3) the results of the research referred to in subsection (1) letter a notified to LPS.
Article 54 (1) Islamic Bank or Conventional commercial banks that have mandatory requirements documents conveying the UUS other administrative about parties tested the longest one (1) month after the approval while Bank Indonesia as stipulated in article 53 paragraph (1).
(2) in order to research other administrative as stipulated in article 52 paragraph (1) letter b and interviews as stipulated in article 52 paragraph (2) Letter c applies the provisions as set forth in article 4, section 24, article 27 and article 47, paragraph (2) of the regulation of Bank Indonesia.
Article 55 (1) based on studies of other administrative as stipulated in article 52 paragraph (1) letter b and interviews as stipulated in article 52 paragraph (2) Letter c, Bank Indonesia set the final results of the test of ability and propriety with: a. the Pass; or b. does not pass.
(2) the determination of the final result as referred to in paragraph (1), Bank Indonesia carried out the longest 6 (six) months after approval.
Article 56 (1) Bank Indonesia tells the final results of the test of ability and propriety of the members of the Board of Commissioners and the members of the Board of Directors of Syariah Bank in writing to the parties, Islamic banks tested, and LPS.
(2) Bank Indonesia tells the final results of the test of ability and propriety of the prospective Director UUS to Conventional public Bank or branch office of a bank based abroad who carry out business activities which have conventionally UUS, parties are tested, and LPS.
Article 57 the consequences of the final results of the test of ability and propriety as stipulated in article 55 paragraph (1) is: a. the applicable provisions as set forth in article 25 paragraph (2), subsection (3), and subsection (4) of the regulation of Bank Indonesia; and b. the temporary approval of the results that have been published into a void from the date of accounting designation do not pass, the final test results in terms of ability and propriety of the tested party set the predicate is not passed.
Article 58 (1) in the case of conventional public Bank Board members who have nominated as Director of the UUS UUS as stipulated in article 52 paragraph (2) assessed: a. do not have competence in the field of Islamic banking, in question may be brought back by Conventional commercial banks that have the longest UUS 90 (ninety) days from notice of Bank Indonesia; or b. has no commitment in the development of the concerned UUS, is declared ineligible as Director of UUS.
(2) if upon repeated assessment as referred to in paragraph (1) letter a, the future Director of the UUS votes still does not have the competence of a Conventional commercial banks then have mandatory UUS replace with another candidate.
The second part Tests abilities and Propriety against the members of the Board of Commissioners, Board of Directors and executive officers of Syariah Bank, as well as the Director and Executive Officer UUS UUS Article 59 procedures for test ability and propriety against the members of the Board of Commissioners, Board of Directors and executive officers of Syariah Bank, as well as the Director and Executive Officer UUS UUS, apply the provisions referred to in CHAPTER IV of the regulation of Bank Indonesia.

CHAPTER VIII TEST of ABILITY and PROPRIETY AGAINST the PARTY that HAS NOT BECOME a PSP or HAS NOT SERVED AS a MEMBER of the Board of Commissioners, BOARD of DIRECTORS and EXECUTIVE OFFICERS of SYARIAH BANK, as well as the DIRECTOR and EXECUTIVE OFFICER UUS UUS Article 60 (1) Test capabilities and propriety against the party that has not become a PSP or has not served as a member of the Board of Commissioners, Board of Directors and executive officers of Syariah Bank , as well as the Director and Executive Officer UUS UUS as stipulated in article 3 of the letter c, based on the Bank Indonesia Regulation CHAPTER IV.
(2) in the event the parties referred to in paragraph (1) established the predicate do not pass but still a PSP and/or served as a member of the Board of Commissioners, Board of Directors and/or Executive Officials at other banks then these other banks obligatory follow-up in accordance with the provisions of article 41 paragraph (2) and paragraph (3) in the regulation of Bank Indonesia.
CHAPTER IX MISCELLANEOUS PROVISIONS in OTHER – Article 61 (1) final results of the test of ability and propriety are confidential and ditatausahakan as well as used by Bank Indonesia in the framework of the implementation of the bank's oversight duties.
(2) in the case of Syariah Bank, public Bank conventional or branch office of a bank based abroad who carry out business activities which have conventionally UUS, parties are tested, and the other party as stipulated in article 15, article 26, article 34, article 53 and article 56 notifies test results the ability and appropriateness to the other party then all the legal consequences that arise are entirely the responsibility of those concerned.
Article 62 (1) the mandatory BUS reported the plan changes the structure of the business group associated with BUS owners legal entities including the BUS up to the ultimate shareholders to Bank Indonesia of not longer than 1 (one) month before the occurrence of the change.
(2) in the event of changes in the structure of the business group as referred to in paragraph (1) according to the assessment of Bank Indonesia cause changes or there is BUS controller BUS controller as referred to in article 2 and the BUS obligatory fielding PSP to do a test of ability and propriety as referred to in chapter II of the regulation of Bank Indonesia.
(3) a test of ability and propriety against the BUS controller caused by changes in the structure of the business group as referred to in paragraph (2) is one of unity and is the result of a test of ability and propriety against the effort.
Article 63 the Bank Indonesia authorities refused to change the BUS controller, if based on an assessment of Bank Indonesia such changes may cause or is indicated may inhibit implementation of the supervision of BUS.
Article 64 of the BUS reveals the mandatory status of the PSP as stipulated in article 37 paragraph (2) in the publication of Quarterly financial statements and annual reports.

Article 65 Candidates PSP, the members of the Board of Commissioners and the members of the Board of Directors of Islamic banks, as well as the prospective Director UUS in addition obliged to meet the requirements of integrity, competence, and feasibility/financial reputation as set forth in the regulations of Bank Indonesia, also meets the mandatory requirements stipulated in the provisions of Bank Indonesia governing ownership and stewardship.

CHAPTER X PENALTIES Article 66 (1) Islamic Bank and UUS who violates these terms as stipulated in article 25 paragraph (3), article 37, paragraph (2) of article 40 paragraph (2) letter b, or article 41 paragraph (2), administrative penalties in the form of: a. a written reprimand; and/or b. a dismissal as a member of the Board of Commissioners and/or directors of Syariah Bank, as well as a Director of Bank Indonesia and next UUS pointing and appointed a temporary replacement until a permanent replacement for lifting the GMS with the approval of Bank Indonesia.
(2) the Syariah Bank in violation of the obligation of delivering the reports referred to in Article 25 paragraph (4), article 37 paragraph (4), article 41 paragraph (3) or article 62 paragraph (1) of the administrative penalties in the form of a written reprimand and duty pay as follows: a. for the BUS: 1) Rp RP 1,000,000 (one million rupiah) per day of delay for each report with the most amount of Rp RP 30,000,000 (thirty million dollars) when the BUS has yet to submit a report up to 30 (thirty) working days after the deadline for the submission of the report; or 2) Rp RP 50,000,000 (fifty million dollars) when the BUS did not convey or deliver the report exceeds the time limit of thirty (30) working days after the deadline for the submission of reports;
b. for BPRS: 1) Usd 100,000.00 (one hundred thousand rupiah) per day of delay for each report with the most amount of Rp RP 1,000,000 (one million rupiah) in BPRS have yet to submit a report up to 30 (thirty) working days after the deadline for the submission of reports; or 2) Rp RP 3,000,000 (three million dollars) when the BPRS did not convey or deliver the report exceeds the time limit of thirty (30) working days after the deadline for the submission of reports.
(3) shareholders who deliberately do not comply with the provisions referred to in article 5 paragraph (3), article 37 paragraph (1) letter a, letter a Article 38 or article 41, paragraph (5) be penalized in accordance with article 64 of the Act Number 21 of 2008 about Islamic banking.

(4) members of the Board of Commissioners, Board of Directors and executive officers of Syariah Bank, as well as the Director and Executive Officer UUS UUS who deliberately do not comply with the provisions referred to in article 16 paragraph (2), article 25 paragraph (2) or article 41 paragraph (2) imposed sanctions in accordance with article 63 paragraph (2) letter b Act No. 21 of 2008 about Islamic banking.
CHAPTER XI TRANSITIONAL PROVISIONS Article 67 (1) test results the ability and appropriateness are done by Bank Indonesia before the enactment of the regulation of Bank Indonesia stated remains valid.
(2) against the test of ability and propriety for prospective PSP or PSP, the members of the Board of Commissioners or members of Board of Commissioners, the members of the Board of directors or a member of the Board of Directors, executive officers and/or Islamic banks as well as aspiring Director or Director UUS UUS and/or Executive Officer UUS is being done at the time of the enactment of the regulation of Bank Indonesia this then: a. the assessment process and the results of the assessment remain the Bank Indonesia Regulations refer to number 11/21/PBI/2009 28 August 2009 about a test of ability and Propriety ( Fit and Proper Test) Islamic banks and Syariah Business Unit; and b. the consequences and the imposition of the sanction period refers to a provision in the regulation of Bank Indonesia.
Article 68 Parties which has been declared as a party which does not pass based on the Bank Indonesia Regulation number 11/21/PBI/2009 28 August 2009 about a test of ability and Propriety (Fit and Proper Test) Islamic banks and Syariah Business Unit, remains barred from being a member of the Board of Commissioners of the PSP, and/or a member of the Board of Directors of Syariah Bank as well as Director of the UUS up to a period of prohibition ended.

CHAPTER XII CLOSING PROVISIONS Article 69 the provisions more about testing capabilities and the propriety of Islamic banks and UUS arranged with Bank Indonesia circular letter.

Article 70 of the regulation of Bank Indonesia at the time it came into effect: a. Bank Indonesia Regulation number 11/21/PBI/2009 the test of ability and Propriety (Fit and Proper Test) Islamic banks and Syariah Business Unit;
b. the provision in article 8 paragraph (4) and paragraph (5) of the regulation of Bank Indonesia number 11/10/PBI/2009 on Syariah Business Unit; and c. the provision in article 58 paragraph (3), subsection (4) and paragraph (5) of the regulation of Bank Indonesia number 11/33/PBI/2009 on the implementation of Good Corporate Governance and Public Islamic Bank Syariah Business Units, revoked and declared inapplicable.
Article 71 of the regulation of Bank Indonesia began to take effect on the date set.

In order to make everyone aware of it, ordered the Bank Indonesia Regulations enactment this by its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on June 18, 2012 GOVERNOR DARMIN NASUTION, BANK INDONESIA Enacted in Jakarta on June 18, 2012, MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, AMIR SYAMSUDDIN fnFooter ();