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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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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 136, 2012 (explanation In Additional State Sheet of the Republic of Indonesia Number 5322)

BANK INDONESIA RULES
NUMBER 14/6 /PBI/2012
ABOUT
TEST CAPABILITIES AND THE PATCHINESS (FIT AND PROPER TEST)
SHARIA BANK AND SYARIAH BUSINESS UNIT
BY THE GRACE OF THE ALMIGHTY GOD
GOVERNOR OF THE BANK OF INDONESIA,

Weigh: a.   that in order to create a healthy banking system, protect the interests of stakeholders and improve compliance with applicable laws, necessary implementation of good corporate governance in the industry Sharia banking;
B. that in order to achieve the good corporate governance , the sharia banking industry needs to be owned and managed by the parties that continue to meet the requirements of the ability and the propriety;
c. that in line with the development of the dynamic banking industry industry is required to make improvements in the test mechanism of the ability and the propriety of the prospective owners and candidates of the sharia banking and to existing owners and managers;
D. that in order that the banking industry is owned and managed by a party that has always had the ability and propriety is required for the imposition of sanctions that are more of a jera effect on the owners and managers who do not meet the requirements;
e. that based on consideration as intended in letters a, the letter b, the letter c, and the letter d, need to rearrange the Bank of Indonesia Regulation on the Test of Skills and Faults (Fit and Proper Test) of Sharia Bank and the Syariah Business Unit;

Remembering: 1. Act No. 23 of 1999 on Bank Indonesia (State of the Republic of Indonesia 1999 No. 66, Additional Gazette Republic of Indonesia Number 3843) as amended several times, last with Law No. 6 Year 2009 on Establishing Government Regulation Replacement Rule Number 2 Year 2008 on Second Amendment to the Law No. 23 Year 1999 on Bank of Indonesia into Act (Republican Gazette) Indonesia Year 2009 Number 7, Additional Gazette of the Republic of Indonesia No. 4962);
2. Act No. 21 of 2008 on Sharia Banking (State Sheet of the Republic of Indonesia 2008 Number 94, Additional Sheet of State of Indonesia No. 4867);

DECIDED:

SET: INDONESIA ' S BANK REGULATIONS ON THE TEST OF CAPABILITY AND KEPATUTAN (FIT AND PROPER TEST) BANK SHARIA AND THE SHARIA BUSINESS UNIT.

BAB I
UMUM CONDITIONS
Section 1

In Regulation of the Bank of Indonesia this is referred to by:
1. The Sharia Bank is the General Bank of Sharia and the Bank of Financing Of The People Of Sharia.
2. The next General Syariah Bank is the General Bank of Sharia as referred to in Law No. 21 of 2008 on Sharia Banking.
BPRS is the Bank of Financing People of Sharia as referred to in Law No. 21 of the Year 2008 on Sharia Banking.
4. The Conventional Public Bank is the General Bank as referred to in the Law Number 7 of 1992 on Banking as amended by Law No. 10 of 1998, including the branch office of a bank based outside of the United States Department of Commerce. A country that carries out conventional business activities.
5. The next Syariah Business Unit is a working unit of the central office of the Conventional Public Bank which serves as the parent office of an office or unit that carries out efforts based on the Syariah Principles, or the working unit in the the branch office of a overseas bank that carries out conventional business activities which serve as the parent office of the office of the sharia auxiliary branch office and/or sharia unit.
6. The Foreign Bank Representative Office is the representative office of a foreign-based bank that conducts business activities based on the principle of sharia.
7. The next Controller Shareholder referred to the PSP is the legal entity, the individual person and/or the venture group that:
a. have a company stake or a Syariah Bank of 25% (twenty-five percent) or more of the number of shares issued and having a voting right; or
B. have a company stake or a Syariah Bank of less than 25% (twenty-five percent) of the number of shares issued and having the voting rights but which is concerned it can be proven to have done corporate control or Sharia Bank, either Direct or indirect.
8. Control is an act that aims to influence the management and/or policy of the company, including the Syariah Bank, in any way, either directly or indirectly.
9. The next General Meeting of Shareholders called RUPS is RUPS as referred to in Law Number 40 of the Year of 2007 on Limited Perseroan.
10. The Board of Commissioners is the Board of Commissioners as referred to in Act No. 40 of the Year 2007 on Limited Perseroan.
11. The Directors are the Directors as referred to in Act No. 40 of the Year of 2007 about the Limited Perseroan.
12. The Director of UUS is a member of the Conventional Public Bank's Board of Directors or the head of a foreign bank branch office that manages and is responsible for UUS operations.
13. Executive officers are officials responsible directly to the members of the Board of Directors and/or have significant influence on the policy and/or operational of the Bank of Sharia or UUS, among other heads of division, head of the region office, branch office head, the head of a functional office whose position is most less equivalent to the head of the branch office, head of the risk management work unit, the head of the compliance work unit, and the head of an internal audit work unit or other equivalent officer.
14. List of non-Graduates which are henceforth called DTL is a list of which the Bank of Indonesia has given the party to which the predicate is not Graduated in the test of the ability and the patchiness of the controlling shareholder, a member of the board of commissioners, The board member, and executive officer.
15. Certain criminal acts are criminal acts of origin referred to in the Act No. 8 of the Year 2010 on Laundering Money Laundering.

Section 2

(1) The parties included as Controller of the Syariah Bank and UUS are mandatory subject to the provisions in this Bank Indonesia Regulation.
(2) A party that includes as a controller of the Syariah Bank as referred to in paragraph (1) is an individual person, legal entity or group of businesses that controls the Syariah Bank, including the PSP, a member of the Board of Commissioners, members of the Board of Commerce. Board of Directors, and Executive Officer of Syariah Bank.
(3) The party included as the UUS controller as referred to in paragraph (1) is the UUS Director and UUS Executive Officer.
(4) The control of the Syariah Bank as referred to in paragraph (2) may be done in a way among others as follows:
a. have it alone or together 25% (twenty-five percent) or more of the Bank of Sharia stocks;
B. directly run the management and/or influence the Sharia Bank policy;
c. have the option or other rights to have the shares that if used will cause it to have and/or control it alone or together 25% (twenty-five percent) or more shares of the Syariah Bank;
D. perform cooperation or actions that are in line to achieve a shared goal in controlling the Syariah Bank (acting in concert) with or without a written agreement with the other party, so that it jointly owns and/or controls 25% (twenty-five percent) or more shares of the Bank of Sharia, whether directly or indirectly with or without a written agreement;
e. perform cooperation or actions that are in line to achieve a shared goal in controlling the Syariah Bank (acting in concert) with or without a written agreement with the other party, so that it jointly has the right of options or rights other to have a stake, which if the right is exercised causes the party to have and/or control jointly 25% (twenty-five percent) or more shares of the Shariah Bank;
f. control one or more other companies that overall have and/or control together 25% (twenty-five percent) or more Bank Syariah shares;
G. have the authority to approve and/or dismiss members of the Board of Commissioners, members of the Board of Directors and the Syariah Supervising Board;
h. indirectly affect or run the management and/or policies of the Shariah Bank;
i. perform the control of a parent company or a holding company in the financial field of the Syariah Bank; and/or
J. " Control of the parties that control the control is referred to in the letter a up to the letter i.

Section 3

The test of the ability and the patchiness is carried out by Bank Indonesia against:
a. PSP candidates, prospective members of the Board of Commissioners, and prospective members of the Board of Directors of Syariah Bank, and the future Director of UUS, as well as prospective leaders of Foreign Bank Representative Office
B. PSP, member of the Board of Commissioners, member of the Board of Directors and Executive Officer of Syariah Bank, Director of UUS and UUS Executive Officer, as well as the leader of the Foreign Bank Representative Office;
(c) the party that is not or has not served as a party is referred to in the letter b, indicated or responsible for the actions or actions that are in the process of testing the capability and the solubility in the Sharia Bank, UUS, or Foreign Bank Representative Office.

Section 4

The parties who are under the legal process and/or are undergoing a process of testing the ability and the propriety of a bank, cannot be submitted to the PSP candidate, candidate for the Board of Commissioners, candidate of the Board of Directors of the Syariah Bank, or the candidate for the Director. UUS.

BAB II
TEST CAPABILITIES AND FAULTS AGAINST
HOLDER OF THE SHARIA BANK CONTROLLER SHAREHOLDERS

Section 5

(1) To become PSP Bank Syariah, the PSP candidate is required to obtain approval from the Bank of Indonesia.
(2) In giving consent as referred to in paragraph (1), the Bank of Indonesia conducts the test of the capability and the solubility of the PSP candidate.
(3) The candidate for PSP who has not obtained approval from the Bank of Indonesia, but has had a stake in the Syariah Bank, is prohibited from performing the act as a PSP.

The First Part
Test Capabilities and Solubility Test
Section 6

The ability and patchiness test against PSP candidates is done to assess the fulfillment of the requirements:
a. integrity; and
B. financial viability.

Section 7

The integrity requirements as referred to in Section 6 of the letter a include:
a. have good morals, among others, are indicated by the attitude of complying with the applicable provisions, including never being punished for having been proven to perform a Certain Criminal Act within 20 (twenty) years prior to being nominated;
B. have a commitment to comply with applicable laws;
c. have a commitment to the operational development of a healthy Syariah Bank;
D. not listed in the DTL; and
e. have a commitment not to do and/or repeat the deeds and/or actions as referred to in Article 28 and Section 29, for prospective PSP candidates have not Graduated in the test of abilities and disseance and have undergone the The penalty as defined by Article 36 of the paragraph (1), Article 38 of the letter b, Article 41 of the paragraph (4) of the letter a and Article 41 of the paragraph (5).

Section 8

The financial viability requirements as referred to in Article 6 of the letter b are among others attested by:
a. have financial capabilities that can support the development of the Syariah Bank business;
B. no credit/financing is jammed and/or debt is due and problematic;
c. never declared pailit or never been a shareholder, a member of the board of commissioners or a member of the board of directors found guilty of causing a company to be declared under court decree within 5 (five) years last before calen; and
D. have a commitment to make the necessary efforts in order to address the difficulties of the application and the liquidity that the Syariah Bank faces.

The Second Part
Tata Cara Test Skills and Faults
Section 9

(1) The request to be a PSP as referred to in Article 5 paragraph (1) is submitted by the Syariah Bank to the Bank of Indonesia accompanied by an administrative requirement document.
(2) In the case of the candidate PSP performs the purchase of Sharia Bank shares through the country ' s stock divestment program on the inclusion of temporary capital by authorized agencies then the plea to be PSP as referred to paragraph (1) is filed by the agency The authorities.

Section 10

Upon request to become a PSP as referred to in Article 9, the Bank of Indonesia conducts the test of the ability and the solubility, which includes:
a. administrative research; and
B. interview.
Section 11

(1) In the case of the prospective PSP Bank Syariah the form of a legal entity, the test of the ability and the propriety as referred to in Article 10 is done against the legal entity, the board members of the commissioner and the board of directors of the law concerned, as well as the party of the Based on the assessment of the Bank of Indonesia is the last controlling shareholder (ultimate) of the legal entity.
(2) In terms of ultimate is the government of another country, and the law in the country in question does not allow ultimate that provides data and documents, Bank Indonesia establishes the party. directly controlled by the other state government as ultimate based on a valid supporting document.
(3) The implementation of an interview against the candidate of the PSP Bank Syariah-shaped body is carried out against the members of the board of commissioners and directors appointed by the concerned legal entity and the party based on the judgment of the Bank of Indonesia is ultimate.
(4) In addition to the parties as referred to in paragraph (1) and paragraph (2), the Bank of Indonesia may assign other parties considered to be Controlled, to convey administrative requirements and/or undergo interviews.
(5) The results of the (1) verse, verse (2), and verse (3) are the result of the test of the law, and the test of the law, and the (other) that is in the (law).

Section 12

In the case of the candidate PSP Bank Sharia is the Government then the implementation of the interview as referred to in Article 10 of the letter b is only done if deemed necessary.

Section 13

(1) The Bank of Indonesia is authorized to stop the testing of PSP candidates ' ability and pateness, if at the time of test of the ability and patchiness the candidate is undergoing a legal process and/or is undergoing a process of testing the ability and patchiness in the A bank.
(2) The termination as referred to in paragraph (1) is notified to the Syariah Bank and the parties being tested.
(3) The candidate of PSP terminated the test of the ability and incitement as referred to in paragraph (1), may be submitted back to the Bank of Indonesia to become a PSP candidate, if the concerned has undergone a legal process and/or test of the capability and The shavings on a bank.

The Third Part
Test and Accuracy Test Result
Section 14

(1) Based on administrative research and interview results as referred to in Article 10, the Bank of Indonesia sets the final results of the test of the ability and the solubility by predicate:
a. Pass; or
B. Didn't Pass.
(2) The PSP candidate who obtained the predicate is Not Passed as referred to in paragraph (1) letter b:
a. declared unqualified as a PSP on the concerned Syariah Bank; and
B. It is required to divert the ownership of the shares that have been purchased to

Section 15

(1) The Bank of Indonesia designates the final results of the test of the capability and the completeness as referred to in Section 14 of the (1) longest 30 (thirty) business days after the request and administrative requirements document is received in full.
(2) The Bank of Indonesia notifies the results of the test of the capability and the solubility as referred to in paragraph (1) in writing to the Syariah Bank in the form of consent or rejection.
(3) In addition to the Syariah Bank as referred to in paragraph (2), the Bank of Indonesia is authorized to inform the results of the test of the capability and the propriety of the other interested parties.

BAB III
TEST OF SKILLS AND PATENESS AGAINST PROSPECTIVE MEMBERS
BOARD OF COMMISSIONERS AND CANDIDATES FOR THE BOARD OF DIRECTORS OF SHARIA BANK
Section 16

(1) The candidate of the Board of Commissioners and the candidate of the Board of Directors of Sharia Bank is required to obtain approval from the Bank of Indonesia before exercising its duties and functions in office.
(2) The candidate of the Board of Commissioners and/or prospective members of the Syariah Bank Board of Directors who have not received the approval of the Bank of Indonesia are prohibited from performing the Board of Commissioners and/or members of the Board of Directors even if they have was raised by RUPS.

The First Part
Test Capabilities and Solubility Test
Section 17

The test of the ability and the satisfaction of the candidate of the Board of Commissioners and prospective members of the Syariah Bank is done to assess the fulfillment of the requirement:
a. integrity;
B. competency; and
c. financial reputation.

Section 18

The integrity requirements as referred to in Article 17 of the letter a to the candidate of the Board of Commissioners and prospective members of the Directors include:
a. have good morals, among others, are indicated by the attitude of complying with the applicable provisions, including never being punished for having been proven to perform a Certain Criminal Act within 20 (twenty) years prior to being nominated;
B. have a commitment to comply with applicable laws;
c. have a commitment to the operational development of a healthy Syariah Bank;
D. not listed in the DTL; and
e. have a commitment to not perform and/or repeat the deeds and/or actions as referred to in Article 28 and Section 29, for the candidate of the Board of Commissioners or prospective members of the Board of Directors who have a predicate Not To Pass in the test of the ability and the solubility and have undergone the sanction as referred to Article 36 of the paragraph (1), Section 38 of the letter b, Section 41 of the letter a and Article 41 of the paragraph (5).

Section 19

The competency requirements as referred to in Section 17 of the letter b include:
a. for the prospective BUS Board of Commissioners included among others:
1) has the knowledge, understanding and/or experience in the field of sufficient sharia banking operations;
2) has the will and the ability to supervise BUS venture activities in order to conform to the principles of prucency and Sharia Principles in the field of sharia banking; and
3) has knowledge and understanding in the application of risk management;
B. for prospective BPRS Commissioners of the Board of Commissioners include:
1) has the knowledge, understanding and/or experience in the field of sufficient sharia banking operations; and
2) has the will and the ability to supervise BPRS ' s activities in order to conform to the principles of prudness and Sharia Principles in the field of sharia banking;
c. for prospective BUS Directors including among others:
1) has knowledge and understanding in the field of sufficient sharia banking operations;
2) has experience and expertise in the field of banking operations, banking sharia, financial or sharia finance fields;
3) has the ability to conduct strategic management in the framework of healthy and resilient BUS development; and
4) has knowledge, understanding and ability in the application of risk management;
D. for prospective BPRS Directors include among others:
1) has knowledge and understanding in the field of sufficient sharia banking operations;
2) has experience and expertise in the field of banking operations, sharia banking, financial or sharia finance fields; and
3) has the ability to perform strategic management in the framework of a healthy and resilient BPRS development.

Section 20

The financial reputation requirements for the candidate of the Board of Commissioners and prospective members of the Directors as referred to in Article 17 of the letter c include:
a. do not have any traffic credits/financing; and
B. never declared a pailit or to be a board of directors or a commissioner found guilty of causing a company to be declared bankruptcy, within 5 (five) years before being nominated.

Section 21

(1) The fulfillment of the experience and expertise for the BUS Board of Directors as referred to in Article 19 of the letter c number 2, including the fulfillment of the requirement that the majority of the members of the Board of Directors must have at least four (four) years of experience with the lowest position as an Executive Officer in the banking industry and at least 1 (one) of the year between which is the lowest-serving as Executive Officer on BUS and/or UUS.
(2) For the BUS established through the process of changing the business activities, for the first time the provisions as referred to in paragraph (1) are only required for 1 (one) prospective member of the Board of Directors.
(3) The majority of BUS members of the Board of Directors results in a change in the activities of the business to meet the provisions as referred to in paragraph (1) the longest 2 (two) years after a change in business activity is given.

The Second Part
Tata Cara Test Skills and Faults
Section 22

(1) The request to obtain the consent of the candidate of the Board of Commissioners and the prospective member of the Board of Directors is submitted by the Syariah Bank to the Bank of Indonesia accompanied by administrative requirements document
(2) A request to obtain the consent of the Board of the Board of the Commissioners and the candidate of the Syariah Bank of Directors as referred to in the paragraph (1) may be submitted by the Government or the agency representing in the case of the whole or majority of the Bank's shares Sharia is owned by the Government, both the Centre and the Regions.
(3) In the case of a member of the Syariah Bank authorized to submit a request as referred to in paragraph (1), unable to exercise its function or to have a clash of interests with the Syariah Bank, a plea is submitted by:
a. other members of Directors who do not have a clash of interests with the Syariah Bank;
B. member of the Board of Commissioners if the entire Board of Directors cannot exercise its functions or have a clash of interests with the Syariah Bank; or
c. other parties designated by RUPS if all members of the Board of Commissioners or members of the Board are unable to exercise their functions or have a clash of interests with the Syariah Bank.
(4) The candidate of the Board of Commissioners and the prospective members of the Board of Directors submitted in the request as referred to in paragraph (1) most of the two (two) persons for each vacancy and the designation of the candidate submitted has been performed accordingly. the applicable laws.

Section 23

Upon request to obtain the consent of the Board of the Board of the Commissioners and the prospective members of the Board of Directors as referred to in Article 22 of the paragraph (1), the Bank of Indonesia conducts the test of the ability and the solubility, including: a. administrative research; and
B. interviews, if required.

Section 24

(1) The Bank of Indonesia is authorized to stop the testing of the ability and the propriety of the Board of the Commissioners and candidates of the Board of Directors of the Shariah Bank, if at the time of test the capability and the propriety of the candidate are undergoing a legal process. And/or is undergoing a process of testing the ability and disseability on a bank.
(2) The termination as referred to in paragraph (1) is notified to the Syariah Bank and the parties being tested.
(3) The candidate of the Board of Commissioners and the candidate of the Syariah Bank Board of Directors terminated the test of ability and wrineness as referred to in paragraph (1), may be submitted back to the Bank of Indonesia to be a candidate for the Board of Commissioners and members The board of directors of the Shariah Bank, when concerned has undergone a legal process and/or has undergone a process of testing the ability and the propriety of a bank.

The Third Part
Test and Accuracy Test Result
Section 25

(1) Based on administrative research and interview results as referred to in Article 23, the Bank of Indonesia sets out the final results of the test of the ability and the solubility by predicate:
a. Pass; or
B. Didn't Pass.
(2) In the event that the candidate of the Board of Commissioners and a prospective member of the Board of Directors of the Board of Directors of the Board of Directors shall not pass as indicated on the paragraph (1) the letter b but has received approval and is appointed as a member of the Board of Sharia as per the decision of the RUPS is concerned that it is prohibited from conducting action as a member of the Board of Commissioners and a member of the Board of Directors of the concerned
(3) The Syariah Bank is obliged to follow up on the consequences of No Lulus as referred to in paragraph (2) at least 3 (three) months from the date of the notification of the Bank of Indonesia.
(4) The Syariah Bank is required to report the followup as referred to in paragraph (3) to the Bank of Indonesia in the most prolonged period of 7 (7) business days.

Section 26

(1) The Bank of Indonesia designates the end result of the test of the capability and the solubility as referred to in Section 25 of the paragraph (1) at least 30 (thirty) days after the request and administrative requirements document received from the Shariah Bank. complete.
(2) The Bank of Indonesia notifies the results of the test of the capability and the solubility as referred to in paragraph (1) in writing to the Syariah Bank in the form of consent or rejection.
(3) In addition to the Syariah Bank as referred to in paragraph (2), the Bank of Indonesia is authorized to inform the results of the test of the capability and the propriety of the other interested parties.

Section 27

The terms and conditions of the appointment of a prospective member of the Board of Commissioners and prospective members of the Board of Directors who have obtained the approval of the Bank of Indonesia as referred to in Article 26 of the paragraph (2) are subject to the provisions of the Bank of Indonesia governing or BPRS.

BAB IV
TEST OF SKILLS AND PATENESS AGAINST CONTROLLING SHAREHOLDERS, BOARD MEMBERS OF THE COMMISSIONER, MEMBER OF DIRECTORS, AND SHARIA BANK EXECUTIVE OFFICIALS
The First Part
Scope of Ability Test and Solubility
Section 28

Test and capability test in order to return to the PSP as referred to in Section 3 of the letter b is done in case there is an indication of the integrity and/or financial worthiness of that included:
a. acts either directly or indirectly in the form:
1) affect and/or have members of the Board of Commissioners, members of the Directors, Executive Officer and/or Sharia Bank employees to hide and/or obscure the breach of a provision or financial condition and/or transaction actually;
2) affect and/or have members of the Board of Commissioners, members of the Board of Directors, Executive Officer and/or Sharia Bank employees to provide unreasonable benefits to shareholders, members of the Board of Commissioners, members of the Board of Directors, Supervising Board of Directors Sharia, Executive Officer, employee, and/or any other party that can harm or reduce the benefits of Sharia Bank; dan/or
3) affect and/or have members of the Board of Commissioners, members of the Board of Directors, Executive Officers and/or employees of the Syariah Bank to perform acts that violate the principle of heart –care in the banking field, healthy banking principles and/or Sharia principle in the field of sharia banking;
B. It's proven to be committed to a certain criminal offense that has been broken up by the courts and has a fixed legal force;
c. proven to cause the Syariah Bank to be in trouble that endangers the continued survival of the Syariah Bank and/or may harm the banking industry;
D. evidently not carrying out an Indonesian Bank order to perform and/or not perform certain actions;
e. evidently has jammed credit/financing;
f. evidently declared bankruptcy and/or being a shareholder, a member of the board of commissioners or a member of the board of directors found guilty of causing a company to be declared pailit;
G. unable to perform the necessary efforts if the Syariah Bank is facing the difficulties of the application or liquidity; or
h. evidently refusing to provide a commitment and/or not fulfilling a commitment that has been agreed with the Bank of Indonesia and/or the Government.

Section 29

Test and capability test in order to return to the Board of Commissioners, members of the Board of Directors and Executive Officer as referred to in Section 3 of the letter b is performed in the case of an indication of a problem of integrity, competence and/or financial reputation covering:
a. acts either directly or indirectly in the form:
1) hide and/or obscure the breach of a provision or financial condition and/or actual transaction;
2) provide unreasonable benefits to shareholders, members of the Board of Commissioners, members of the Board of Directors, Syariah Supervising Board, Executive Officials, employees, and/or other parties that may harm or reduce the benefits of the Syariah Bank;
3) violate the principle of prucency in banking and healthy banking principles; and/or
4) violates the Sharia Principles in the field of sharia banking;
B. It's proven to be committed to a certain criminal offense that has been broken up by the courts and has a fixed legal force;
c. proven to cause the Syariah Bank to be in trouble that endangers its survival or may harm the banking industry;
D. evidently not carrying out an Indonesian Bank order to perform and/or not perform certain actions;
e. proven to have stalled credit/financing;
f. evidently declared pailit and/or being a member of the board of commissioners or a member of the board of directors found guilty of causing a company to be declared pailit;
G. unable to perform strategic management in the framework of the development of a healthy Syariah Bank;
h. proven to refuse to provide a commitment and/or not fulfill a commitment that has been agreed with the Bank of Indonesia and/or the Government; or
i. not perform any actions or actions that are the duty and responsibility that results in the occurrence of a violation or action as referred to in the letter a, letter c and/or the letter d.

The Second Part
Tata Cara Test Skills and Faults
Section 30

(1) The test of the ability and disseability against the PSP as referred to in Section 3 of the letter b is performed for the whole party to be Controlled against the Syariah Bank as referred to in Article 2 of the paragraph (4) associated with the PSP that will Tested.
(2) The results of the test of the capability and the accuracy of the PSP as referred to in Article 3 of the letter b and the party that the Controlling of the Syariah Bank is referred to in paragraph (1) is a single entity and applies to the PSP and the party. do the Controlling against the Syariah Bank associated with that rated PSP, unless it can be proven otherwise.
(3) The booklet as referred to in paragraph (2) is performed by the concerned party in the test measures of the capability and the wrineness as referred to in Article 31.

Section 31

(1) The Bank of Indonesia conducts tests of the ability and propriety based on evidence, data and information obtained from the results of surveillance and other information.
(2) The test of the ability and wrineness as referred to in paragraph (1) is performed with the steps as follows:
a. Clarification of evidence, data and information to the party tested;
B. the designation and delivery of the results while test of the ability and patchiness to the tested party;
c. The responses of the parties tested against the results while test of the ability and the pateness; and
D. assignment and notification of the end result of the test of the capability and the solubility to the tested party.
(3) The parties tested given the opportunity to submit a response to the request for clarification of evidence, data and information as referred to in paragraph (2) of the letter a, longest 10 (ten) business days from the date of the request for clarification from Bank of Indonesia.
(4) In the event the tested party does not use the right to express the clarification of evidence, data and information in the specified time frame as referred to in paragraph (3) then the Bank of Indonesia will perform its subsequent assessment measures.
(5) The parties who are tested are given the opportunity to deliver a response to the provisional results as referred to in paragraph (2) of the letter c, at most ten (ten) days of work as of the date of the bank of the Bank of Indonesia.
(6) In the event the tested party does not use the right to deliver a response to the provisional results in the specified time frame as referred to in paragraph (5) then the Bank of Indonesia specifies the results while test of the capability and the patchiness It is the final result of the test of skill and skill.

Section 32

The Bank of Indonesia is authorized to specify the final results of the test of the ability and the path to the predicate without committing partial or all steps –a step as referred to in Article 31 of the paragraph (2), if the party is tested:
a. was distrauted in a Certain Criminal Law by the court and has had a fixed legal force; or
B. declared bankruptcy and/or being a shareholder, a member of the board of commissioners or a member of the board of directors found guilty of causing a company to be declared bankruptcy based on court rulings and has had a fixed legal force.

The Third Part
Test and Accuracy Test Result
Section 33

(1) The Bank of Indonesia sets the final result of the test of the ability and the solubility to 2 (two) predicates, that is:
a. Pass; or
B. Didn't Pass.
(2) The termination of the end result of the test of the ability and the solubility as referred to in paragraph (1) is performed based on the level of engagement of the tested party.
(3) The final results of the test of the ability and the faults as referred to in paragraph (1) apply to the date of the Bank of Indonesia's letter of designation as referred to in Article 31 of the paragraph (2) of the letter d.

Section 34

(1) The Bank of Indonesia notifies the end results of the test of the capability and the patchiness in writing to the Syariah Bank and the parties being tested.
(2) In addition to the parties as referred to in paragraph (1), the Bank of Indonesia is authorized to notify the end result of the test of the capability and the solubility to the other of the interested party.

The Fourth Part
Consequences of Test Results Skills and Faults
Section 35

(1) PSP, member of the Board of Commissioners, members of the Board of Directors or Executive Officer of the Syariah Bank which is set to be eligible to remain a PSP, a member of the Board of Commissioners, a member of the Board of Directors or the Executive Officer of the Syariah Bank.
(2) PSP, member of the Board of Commissioners, members of the Board of Directors or Executive Officer of Syariah Bank which is set predicate Not Graduates is prohibited to be:
a. equity holders are more than 10% (ten percent) and/or PSP on the entire Syariah Bank;
B. shareholders on the Conventional Public Bank or People ' s Credit Bank; and/or
c. member of the Board of Commissioners, members of the Directors, Director of UUS, Executive Officer, or the leader of the Foreign Bank Representative Office on the banking industry.

Section 36

(1) The Prohibition of the party given the predicate Not Pass as referred to in Article 35 of the paragraph (2) is set to be the following:
a. for a term of 3 (three) years:
1) for the PSP if it is shown to perform the action –an act as referred to in Section 28 of the letter a number 3, Section 28 of the letter d, Section 28 of the letter e, Section 28 of the letter g, or Article 28 of the letter h; and
2) to the members of the Board of Commissioners, members of the Board of Directors, or Executive Officer if it is proven to perform the actions referred to in Section 29 of the letter a number 3, Section 29 of the letter d, Section 29 of the letter e, Section 29 of the letter g, Section 29 of the letter h, or Article 29 of the letter i;
B. for a term of 5 (five) years:
1) for PSP if:
a) is shown to perform actions as referred to in Article 28 of the letter a number 1 or Article 28 of the letter a number 2; or
b) proven to perform the actions referred to in Article 28 of the letter a number 3, Section 28 of the letter d, Section 28 of the letter e, Section 28 of the letter g, or Article 28 of the letter h, and the deed is referred to:
i. performed repeatedly;
ii. performed cumulatively; or
iii. shown to be self-benefit and other parties;
2) for the members of the Board of Commissioners, Directors or Executive Officials if:
a) is shown to perform actions as referred to in Section 29 of the letter a number 1 or Section 29 of the letter a number 2; or
b) proven to perform the actions referred to in Article 29 of the letter a number 3, Section 29 of the letter d, Section 29 of the letter e, Section 29 of the letter g, Section 29 of the letter h, or Article 29 of the letter i and the acts referred to:
i. performed repeatedly;
ii. performed cumulatively; or
iii. proved to be self-benefit and the other side;
c. for a term of 20 (twenty) years:
1) for the PSP if it is proven to perform the action –an act as referred to in Section 28 of the letter b, Section 28 of the letter c or Article 28 of the letter f; and
2) for the members of the Board of Commissioners, members of the Board of Directors or Executive Officer if they are shown to act –an act as referred to in Article 29 of the letter b, Article 29 of the letter c or Article 29 of the letter f.
(2) The term of the ban as referred to in paragraph (1) since the date of the Bank of Indonesia designation as referred to in Article 31 of the paragraph (2) of the letter d.

Section 37

(1) The party that is prohibited from being a PSP as referred to in Section 35 of the paragraph (2) of the letter a:
a. is prohibited from performing acts as a PSP;
B. can only run the right as a shareholder with the amount of voting rights counted in the quorum RUPS at most 10% (ten percent) of the entire shares of the Syariah Bank; and
c. mandatory degrade ownership to at most 10% (ten percent) of the entire Syariah Bank in a term of 6 (six) months.
(2) The Syariah Bank is required to list an explanation in the list of the Syariah Bank shareholders regarding the status of PSP as referred to in paragraph (1).
(3) In the case of the party the predicate is not a PSP of the Syariah Bank which is in the handling of/rescue by the Hostage Institution, then the term of obligation of the decline of ownership as referred to in paragraph (1) letter c refers to the Act of Guarantee Institution and its implementation regulations.
(4) The Syariah Bank is required to report the realization of a decrease in shareownership as referred to in paragraph (1) of the letter c to the Bank of Indonesia in the most prolonged term of 7 (7) business days after the RUPS that authorized the transfer of ownership of the shares That.

Section 38

In the event the PSP does not decrease its shareholding in accordance with the specified time frame as referred to in Article 37 of the paragraph (1) the letter c then:
a. PSP must submit a letter of power selling to other parties appointed or approved by the Bank of Indonesia or to the Bank of Indonesia with the right of substitution, within a term of 7 (7) business days since the end of the term of the decline of liability. share ownership;
B. the term of the ban to the PSP is set to be for 20 (twenty) years;
c. The name PSP is notified to the Modal Market Surveillance Authority;
D. PSP voting rights are not counted in the RUPS;
e. The PSP's suffrage is not counted as a quorum count or the absence of RUPS;
f. The dividends may be paid to the PSP at most 10% (ten percent) and the remainder is paid after the PSP diverts its ownership; and
G. The name of the PSP in question is announced to the public through 2 (two) mass media that have a wide circulation.

Section 39

The Bank of Indonesia is authorized to form a committee to address the decline of PSP share ownership as referred to in Article 38 of the letter a.

Section 40

(1) The artificial one decreases the ownership of the shares as referred to in Article 37 of the paragraph (1) the letter c may be performed by a grant or by sale to a party without a familial relationship up to the second degree with the PSP and/or parties not included in the PSP business group.
(2) In the event of a decrease in ownership as referred to in paragraph (1) is carried out by means of diverting shares to parties that have a family relationship up to the second degree and/or a party that is a set of business groups from the PSP that is specified predicate Not To Pass then:
a. the diversion is not considered a decrease in ownership as referred to in Article 37 of the paragraph (1) letter c;
B. Sharia Bank is prohibited from logging on the parties receiving such diversion in the list of Shariah Bank shareholders;
c. parties who accept the diversion do not obtain their rights as a shareholder.

Section 41

(1) The party is prohibited from being a member of the Board of Commissioners, a member of the Board of Directors, Director of UUS, Executive Officer, or the leader of the Foreign Bank Representative Office as referred to in Article 35 of the paragraph (2) letter c:
a. are prohibited from doing action as a member of the Board of Commissioners, members of the Directors, Director of UUS, Executive Officer, or the leader of the Foreign Bank Representative Office; and
B. must cease as a member of the Board of Commissioners, members of the Directors, Director of UUS, Executive Officer, or the leader of the Foreign Bank Representative Office.
(2) The Syariah Bank is required to follow up on the consequences of No Lulus as referred to in paragraph (1) at least 3 (three) months from the date of the notification of the Bank of Indonesia.
(3) The Syariah Bank is required to report the followup as referred to in paragraph (2) to the Bank of Indonesia in the most long term of 7 (7) business days.
(4) In the event of a member of the Board of Commissioners, a member of the Board of Directors, Director of UUS, Executive Officer, or the leader of the Foreign Bank Representative Office as referred to in paragraph (1) is still conducting action as Commissioner, Directors, UUS Director, Executive Officer, or a Foreign Bank Representative Office leader, then:
a. the term of the ban to the concerned is set to for as long as 20 (twenty) years; and
B. The disobedience of the Syariah Bank is notified to the Capital Market Surveillance Authority.
(5) The PSP who does not follow up on the consequences as referred to in paragraph (2), is given the predicate of Not Graduating with a term of a ban for 20 (twenty) years.
Ten (five) years of the year, and the twelve (five) of the twelve (five) days of the day of the day of the day.

Section 42

In the event all or part of the Board of Commissioners and/or members of the Board of Directors is not Graduated and according to the assessment of the Bank Indonesia vacancy of the post of Directors and/or the Commissioner may interfere with the operational activities of the Syariah Bank, Bank Indonesia is authorized to designate a temporary replacement until the RUPS lifts a replacement that remains in accordance with the provisions of the invite –an invitation that applies.

The Fifth Part
Request Return to Become PSP, Member of the Board of Commissioners and Member of the Board of Sharia Bank
Section 43

(1) The party specified in Section 35 (2) may be submitted to the Bank of Indonesia to be a candidate for PSP, a candidate for the Board of Commissioners and a prospective member of the Board of Directors if The term of the suspension of the prohibition as specified in Article 36 of the paragraph (1), Section 38 of the letter b, Section 41 of the letter a, and Section 41 of the paragraph (5) have been exceeded.
(2) The legal entity in the form of a legal entity specified in Section 35 (2) may be submitted to the Bank of Indonesia to become a PSP candidate prior to the expiration of the term of the following. The sanction of the prohibition as referred to in Article 36 of the paragraph (1), Section 38 of the letter b, Article 41 of the letter a and Article 41 of the paragraph (5) to the length of the legal entity has changed the party to which the laws of law are meant to be. In a test of skill and skill, the predicate has not been passed.
(3) The assessment of the request to return to the PSP candidate, the candidate of the Board of Commissioners and of the Board of Directors of the Syariah Bank as referred to in paragraph (1) is exercised in accordance with the provisions as set forth in BAB II and BAB III Rules The Bank of Indonesia.

BAB V
TEST OF SKILLS AND PATENESS FOR THE CANDIDATE DIRECTOR
SYARIAH BUSINESS UNIT, DIRECTOR OF THE SHARIA BUSINESS UNIT, AND
EXECUTIVE OFFICER OF THE SHARIA BUSINESS UNIT
Section 44

UUS directors are required to have competences in the field of sharia banking and a commitment in the development of UUS.

Section 45

The request to obtain the approval of the Director of UUS as referred to in paragraph (1) is proposed by the Conventional Public Bank or the branch office of a foreign-based bank that carries out conventional business activities. which has UUS to the Bank of Indonesia is accompanied by an administrative requirement document.

Section 46

(1) The party calvated to be Director of UUS may be derived from:
a. one of the members of the Conventional Public Bank Directors or the branch office of a foreign-based bank that carries out conventional business activities which have UUS, which is assigned the post of Director of UUS;
B. A candidate for a member of a bank outside of the country that carries out a conventional business activity that has UUS, which will be assigned the role of Director of the UUS; or
(c) the candidate of the Conventional Public Bank or the branch office of a foreign-based bank that carries out conventional business activities which has UUS and has been established from the beginning to serve as Director. UUS with authority and responsibility only to manage UUS business activities.
(2) The candidate of the UUS Director as referred to in paragraph (1) the letter a follow the interview process if required.
(3) The candidate of the UUS Director as referred to in paragraph (1) the letter b is required to follow the test of the capability and the solubility under the terms of the test of the capability and the solubility that applies to the Conventional Public Bank.
(4) In the event of a UUS Director candidate as referred to in paragraph (1) the letter is assessed:
a. have no competence in the field of sharia banking, which is concerned to be refiled by the Conventional Public Bank or the branch office of a foreign-based bank that carries out conventional business activities. have UUS to perform at least 90 days prior to the Bank of Indonesia's notification letter; or
B. not having a commitment in the development of UUS, which is concerned declared not qualified as Director of UUS.
(5) If based on reassessment as referred to in paragraph (4) letter a, the future Director of UUS is judged to still be without competence then the Conventional Public Bank or the branch office of a bank based outside of the country carrying out conventional business activities that have the UUS obliged to replace with other candidates.

Section 47

(1) The manner of the test and capability of the UUS Director as referred to in Section 46 of the paragraph (1) letter c, guidelines on the terms of the BAB III Regulation of the Bank of Indonesia, except for Article 19 of the letter a, Section 19 of the letter b, Section 19 of the letter d, Section 7 of the Law of the Republic of Indonesia. 21, Article 22 of the paragraph (1), and Article 27.
(2) The terms and conditions of the appointment of a future Director of UUS Director who have received approval from the Bank of Indonesia are subject to the provisions of the Bank of Indonesia which regulates regarding UUS.

Section 48

Set the way to the UUS Director and the UUS Executive Officer and the UUS Executive Officer as referred to in Article 3 of the letter b guidelines on the provisions of the BAB IV Regulation of the Bank of Indonesia, except for Article 28, Section 30, Section 36 of the paragraph (1) letter a number 1, Article 36 paragraph (1) letter b 1, Section 36 paragraph (1) of the letter c number 1, Section 37, Article 38, Section 39, Section 40, and Section 43 of the paragraph (2).

BAB VI
TEST CAPABILITIES AND FAULTS AGAINST
THE LEADER OF THE FOREIGN BANK REPRESENTATIVE OFFICE
Section 49

(1) Tata method of test capability and propriety against prospective Foreign Bank Representative Office leaders guideline on BAB III Regulation of the Bank of Indonesia this.
(2) Tata method of test capability and propriety against the leader of the Foreign Bank Representative Council guidelines on the BAB IV Ordinance of the Bank of Indonesia.
(3) The test of the ability and propriety of the Foreign Bank Representative Office leaders is carried out if there are any indication that the person is in violation of the activities of the Foreign Bank Representative Office.

BAB VII
TEST OF SKILLS AND WRINENESS ON SHARIA BANKS AND
CONVENTIONAL COMMON BANK WHICH HAS UUS
IN THE SAVE/HANDLING BY
THE SAVED GUARANTOR INSTITUTION (LPS)
The First Part
Test of Ability and Faults against Member Candidates
Board of the Commissioners and Candidates of the Board of Directors of Syariah Bank UUS Director nominee
Section 50

(1) In terms of the Syariah Bank being in the handling or rescue by the LPS then the test of the ability and the wrineness is only done against the candidate of the Board of Commissioners and the prospective members of the Directors.
(2) In terms of the Conventional General Bank which has UUS being in the handling or rescue by LPS then the capability test and the patchiness are only done against the future UUS Director.
(3) The request to obtain the consent of the candidate of the Board of Commissioners and the candidate of the Board of Directors of the Syariah Bank as referred to in paragraph (1) and the future Director of UUS as referred to in paragraph (2) was submitted by the LPS to the Bank of Indonesia.

Section 51

The requirements of the trial and capability for the candidate of the Board of Commissioners and prospective members of the Board of Directors of the Syariah Bank, as well as the candidate of the Director of UUS as referred to in Article 50 of the guidelines in Section 4, Section 16, BAB III First Section, Section 44 and Section 46 Rules of the Bank of Indonesia.

Section 52

(1) The execution of the capability test and the propriety for the candidate of the Board of Commissioners and/or prospective members of the Shariah Bank, as well as the candidate of the Director of UUS as referred to in Article 46 of the paragraph (1) the letter c is performed with the steps as a following:
a. Administrative research is a requirement not listed in the crash credits list and DTL;
B. other administrative research; and
C. An interview, if required.
(2) The candidate of the UUS Director as referred to in Article 46 of the paragraph (1) letter a following the interview process if required.
(3) The future Director of UUS as referred to in Section 46 of the paragraph (1) the letter b is required to follow the test of the capability and the solubility under the terms of the test of the capability and the solubility that applies to the Conventional Public Bank.

Section 53

(1) In respect of the results of the research as referred to in Article 52 of the paragraph (1) the letter of the tested party is not listed in the stalled credit list and DTL, the Bank of Indonesia authorized to provide the party with temporary consent to the party. exercise duties and functions as a member of the Board of Commissioners, members of Directors, and Director of UUS.
(2) In terms of results based on the results of the research as referred to in Section 52 paragraph (1) the letter of the tested party is listed in the crash credit list and/or DTL, the Bank of Indonesia does not give consent and:
a. the tested party is prohibited from conducting action as a member of the Board of Commissioners, members of Directors, and Director of UUS; and
B. The LPS relayed the application of the Board of Commissioners, a prospective member of the Board of Directors, and the new Director of UUS to obtain the approval of the Bank of Indonesia.
(3) The results of the research as referred to in paragraph (1) of the letter a be notified to the LPS.

Section 54

(1) Syariah Bank or Conventional Public Bank which has the UUS required to deliver other administrative requirements documents regarding the parties being tested at least 1 (one) months after the Indonesian Bank's provisional approval as referred to in Article 53 of the paragraph (1).
(2) In the course of other administrative research as referred to in Section 52 paragraph (1) the letter b and the interview as referred to in Section 52 paragraph (1) the letter c applies to the terms as set forth in Section 4, Section 24, Section 27, and Section 2. 47 verses (2) of the Indonesian Bank Ordinance.

Section 55

(1) Based on other administrative research as referred to in Section 52 paragraph (1) the letter b and the interview as referred to in Section 52 of the paragraph (1) the letter c, the Bank of Indonesia defines the final results of the test of the ability and the solubility with predicate:
a. Pass; or
B. Didn't Pass.
(2) The final result of the term (1), the Bank of Indonesia (6), 6 (6) of the month after the provisional agreement.

Section 56

(1) The Bank of Indonesia notifies the final results of the capability test and the propriety of the candidate of the Board of Commissioners and the candidate of the Shariah Bank of Directors in writing to the Syariah Bank, the parties being tested, and the LPS.
(2) The Bank of Indonesia notifies the end result of the test of the capability and the propriety of the future Director of UUS to the Conventional Public Bank or the branch office of a foreign-based bank that carries out conventional business activities which have UUS, the party tested, and the LPS.

Section 57

The consequences of the final results of the test of the ability and the solubility as referred to in Article 55 of the paragraph (1) are:
a. The terms are governed by the terms and conditions of the applicable Terms of Service.
B. Published provisional approval results from the date of the date of the assignment, in the event that the final results of the test of the ability and the termination of the tested party are determined not to be Graduated.

Section 58.

(1) In the case of a member of the Conventional Public Bank of Directors who have UUS nominated as Director of UUS as referred to in Article 52 of the paragraph (2) assessed:
a. have no competency in the field of sharia banking, which is concerned to be refiled by the Conventional Public Bank which has the longest 90 (ninety) days since the Bank of Indonesia ' s notification letter; or
B. not having a commitment in the development of UUS, which is concerned declared not qualified as Director of UUS.
(2) If based on a reassessment as referred to in paragraph (1) letter a, the future Director of UUS is judged to still be no competence then the Conventional Public Bank which has the UUS is required to replace with other candidates.

The Second Part
Test of Ability and Faults against the Members of the Board of Commissioners,
Member of the Board of Directors and Executive Officer of Sharia Bank, as well as Director of UUS
and UUS Executive Officer

Section 59

Set the course of the capability and the pateness of the Board of Commissioners, members of the Board of Directors and the Executive Officer of the Syariah Bank, as well as the Director of UUS and Executive Officer of UUS, in effect as referred to in the BAB IV Regulation Bank of Indonesia this.

BAB VIII
TEST OF ABILITIES AND FAULTS TO THE PARTY THAT
ALREADY NOT BEING PSP OR ALREADY NOT IN OFFICE
AS A BOARD MEMBER OF THE COMMISSIONER, MEMBER OF THE BOARD AND EXECUTIVE OFFICER OF THE SHARIA BANK, AS WELL AS THE DIRECTOR OF UUS AND
Uus EXECUTIVE OFFICER
Section 60

(1) Test of the ability and propriety of the parties that are not PSP or already not served as a member of the Board of Commissioners, Member of Directors and Executive Officials of the Syariah Bank, as well as the UUS Director and UUS Executive Officer as referred to in Article 3 of the letter c, guideline on the BAB IV Regulation of the Bank of Indonesia.
(2) In terms of the parties as referred to in paragraph (1) the predicate is not Graduated but is still a PSP and/or serves as a member of the Board of Commissioners, a member of the Board of Directors and/or Executive Officer at another bank then the other bank is mandatory. Make a follow-up to the provisions of Article 41 of the paragraph (2) and paragraph (3) in this Bank of Indonesia Regulation.

BAB IX
Provisions LAIN –LAIN
Section 61

(1) The final results of the trial and capability test are confidential and are cultivated and used by the Bank of Indonesia in order to perform the oversight duties of the bank.
(2) In terms of the Syariah Bank, the Conventional Public Bank or the branch office of a overseas bank that carries out conventional business activities which have UUS, the parties being tested, and other parties as referred to in the Article 15, Article 26, Article 34, Article 53 and Article 56, share the results of the test of the ability and the disobedience to the other, all due to the laws that arise fully in the responsibility of the concerned.

Section 62.

(1) BUS is required to report a plan to change the structure of the business group related to the BUS including the BUS owner's legal entity until the ultimate to the Bank of Indonesia at least one month prior to the change.
(2) In the event of a change in the structure of the venture group as referred to in paragraph (1) according to the assessment of the Bank of Indonesia causing the change of BUS controller or there is a BUS controller as referred to in Article 2 then BUS is required to submit a PSP candidate To perform the test of the capability and the solubility as referred to in the BAB II Regulation of the Bank of Indonesia.
(3) Test of the ability and faults to the BUS controller caused by a change in the structure of the business group as referred to in verse (2) is a single unit and is the result of test and ability test of the business group.

Section 63

The Bank of Indonesia is authorized to reject the change of BUS controller, if based on the assessment of Indonesia's Bank of the change it may cause or be indicated to inhibit the implementation of BUS surveillance.
Section 64

BUS is required to disclose the status of the PSP as referred to in Article 37 of the paragraph (2) in the Quarterly Publication Financial Report and the Annual Report.

Section 65

Prospective PSP, candidate of the Board of Commissioners and prospective members of the Board of Directors of Shariah, as well as candidates for the Director of UUS in addition to meeting the requirements of integrity, competence, and feasibility/financial reputation as set in this Bank of Indonesia Regulation, is also required to meet the requirements as set out in the provisions of the Bank of Indonesia which governs regarding ownership and proprieeness.

BAB X
SANCTION
Section 66

(1) The Syariah and UUS banks that violate the provisions as referred to in Section 25 of the paragraph (3), Section 37 of the paragraph (2), Section 40 of the paragraph (2) letter b, or Article 41 of the paragraph (2), are subject to administrative sanction:
a. written reprimand; and/or
B. The dismissal of the Board of Commissioners and/or members of the Board of Directors of the Bank of Indonesia, as well as the Director of UUS and subsequently Bank Indonesia appoints and appoints a temporary replacement until the RUPS raises a fixed replacement with the approval of Bank Indonesia
(2) The Syariah Bank which violates the obligation to submit a report as referred to in Article 25 of the paragraph (4), Article 37 of the paragraph (4), Article 41 of the paragraph (3) or Article 62 of the paragraph (1) is subject to administrative sanction of a written reprimand and payment obligations. as follows:
a. for BUS:
1) Rp1,000,000.00 (one million rupiah) per day of slowness for each report with the most Rp30,000.00 (thirty million rupiah) reports if the BUS has not delivered the report up to 30 (thirty) business days after the deadline. delivery of the report; or
2) Rp50,000.000.00 (fifty million rupiah) if the BUS does not deliver or deliver a report beyond the 30 (thirty) business days after the report delivery deadline;
B. for BPRS:
1) Rp100.000.00 (one hundred thousand rupiah) per day of slowness for each report with the most Rp1,000.000.00 (one million rupiah) if the BPRS has not delivered the report up to 30 (thirty) business days after the deadline. delivery of the report; or
2) Rp3,000.000.00 (three million rupiah) if the BPRS does not deliver or deliver a report exceeds 30 (thirty) business days after the report delivery deadline.
(3) Shareholders who are intentionally disobeying the provisions as referred to in Article 5 of the paragraph (3), Section 37 of the paragraph (1) the letter a, Article 38 of the letter a, or Section 41 of the paragraph (5) is subject to the sanction pursuant to Article 64 of the Law No. 21 of 2008 About Sharia Banking.
(4) Member of the Board of Commissioners, members of the Board of Directors and Executive Officer of the Syariah Bank, as well as the Director of UUS and UUS Executive Officer who intentionally disobeyed the provisions as referred to in Article 16 of the paragraph (2), Section 25 of the paragraph (2) or Article 41 of the paragraph (1) imposed sanctions pursuant to Article 63 paragraph (2) of the letter b Act No. 21 of 2008 on the Banking of Sharia.

BAB XI
TRANSITION PROVISIONS
Section 67

(1) The results of the test of the ability and propriety performed by the Bank of Indonesia before the enactment of the Indonesian Bank Regulation are declared to remain in effect.
(2) Against the test of the ability and propriety for PSP or PSP candidates, candidate of the Board of Commissioners or members of the Board of Commissioners, prospective members of the Board of Directors or members of the Board of Directors, and/or Executive Officer of the Syariah Bank as well as the candidate of Director UUS or Director of UUS and/or UUS Executive Officer which is being conducted at the time of this Indonesia Bank Regulation then:
a. Assessment process and assessment results continue to refer to Bank Indonesia Regulation No. 11 /31/PBI/2009 dated August 28, 2009 on the Test of Skills and Solubility (Fit and Proper Test) of Sharia Bank and Sharia Business Unit; and
B. the consequences and the imposition of the term of sanctions refers to the provisions in this Bank Indonesia Regulation.

Section 68

The parties which have been declared to be non-Lulus under Indonesian Bank Regulation No. 11 /31/PBI/2009 dated August 28, 2009 on the Ability Test and Solubility (Fit and Proper Test) of the Syariah Bank and Sharia Business Unit, remain banned from being a PSP, a member of the Board of Commissioners and/or members of the Bank of Sharia as well as the Director of UUS until the term of the ban expires.

BAB XII
CLOSING PROVISIONS
Section 69

Further provisions on the test of the capability and the pateness of the Syariah Bank and UUS are governed by the Indonesian Bank Circular Letter.

Section 70

At the time the Bank of Indonesia Regulation came into force:
a. Indonesia Bank Regulation No. 11 /31/PBI/2009 on the Ability Test and Solubility (Fit and Proper Test) of Sharia Bank and Syariah Business Unit;
B. provisions in Section 8 of the paragraph (4) and paragraph (5) of the Regulation of the Bank of Indonesia No. 11 /10/PBI/2009 on the Syariah Business Unit; and
c. provisions in Section 58 paragraph (3), paragraph (4) and paragraph (5) of the Indonesian Bank Regulation No. 11 /33/PBI/2009 on the implementation of Good Corporate Governance General Bank of Sharia and Syariah Business Unit,
revoked and declared not applicable.

Section 71

This Bank of Indonesia Regulation shall come into effect at the designated date.
In order for everyone to know, order the invitational of the Bank of Indonesia Regulation with its placement in the Republic of Indonesia State Sheet.

Set in Jakarta
on June 18, 2012
INDONESIAN BANK GOVERNOR,

DARMIN NASUTION

Promulgated in Jakarta
on June 18, 2012
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDDIN