Bank Indonesia Regulation Number 8/14/pbi/2011 2011

Original Language Title: Peraturan Bank Indonesia Nomor 13/26/PBI/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f8bb67360b5f4313232323035.html

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Back COUNTRY SHEET Republic of INDONESIA No. 146, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5266) BANK INDONESIA REGULATION NUMBER 8/14/PBI/2011 ABOUT the CHANGES to the REGULATION of BANK INDONESIA No. 8/2/PBI/2006 REGARDING the QUALITY of EARNING ASSETS and the ESTABLISHMENT of PRODUCTIVE ASSETS ALLOWANCE of BANK RAKYAT with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA, Considering: a. that the Bank Of the people have an important role in supporting the development of micro enterprises , Small and medium enterprises (UMKM);
b. that in order to encourage granting credit to the SMEC, including the Bank Of the people must be constantly mindful of the principle-the principle of a healthy;
c. that the provision about the quality of earning assets and the establishment of Productive Assets Allowance Bank Of People who apply for these need to be enhanced and aligned with Financial accounting standards for entities Without public accountability (SAK ETAP) for BPR and the accounting Guidelines Of Bank Rakyat (PA BPR);
d. that based on considerations as referred to in letter a, letter b, letter c, and necessary changes to the regulation of Bank Indonesia No. 8/2/PBI/2006 regarding the quality of earning assets and the establishment of the Bank's earning assets Allowance Of people;
Remember: 1. Act No. 7 of 1992 about banking (State Gazette of the Republic of Indonesia Number 31 in 1992, an additional Sheet of the Republic of Indonesia Number 3472) as amended by Act No. 10 of 1998 (State Gazette of the Republic of Indonesia Number 182 of 1998, an additional Sheet of the Republic of Indonesia Number 3790);
2. 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 Government regulation of Replacement legislation in 2008 number 2 on the second amendment in the Law Number 23 of 1999 on Bank Indonesia into law (State Gazette of the Republic of Indonesia Number 4962);
Set: BANK INDONESIA REGULATION CONCERNING CHANGES to the REGULATION of BANK INDONESIA No. 8/2/PBI/2006 REGARDING the QUALITY of EARNING ASSETS and the ESTABLISHMENT of PRODUCTIVE ASSETS ALLOWANCE BANK of the people.
Article I a few provisions in the regulation of Bank Indonesia No. 8/2/PBI/2006 regarding the quality of earning assets and the establishment of Productive Assets Allowance Of Bank Rakyat (the State Gazette of the Republic of Indonesia Number 76 in 2006, an additional Sheet of the Republic of Indonesia Number 4645) is amended as follows: 1. The provision of article 1 point 10 is amended so that article 1 reads as follows: article 1 In regulation of Bank Indonesia, this is the : 1. Bank Of the people, who then called BPR, is the Bank Of the people referred to in Act No. 7 of 1992 about Banking as amended by Act No. 10 of 1998, that carry out the business activities of the conventionally.
2. Earning assets is the provision of funds in Rupiah BPR to earn income, in the form of credit, Bank Indonesia Certificates and placement of Interbank Funding.
3. The credit is the provision of money or bills that can be equated with it, based on the approval of a loan deal to borrow between BPR with borrowers who require that the borrower to pay off the debt after a certain period with the giving of flowers.
4. certificate of Bank Indonesia, hereinafter called SBI securities, is in Rupiah which was published by Bank Indonesia as a short timed debt recognition.
5. Placement of Interbank Funds is planting Fund BPR with other banks in the form of savings accounts, time deposits, certificate of deposits, credit and other similar funds planting.
6. Allowance of productive Assets, hereinafter called the PPAP is the reserve that must be formed of a certain percentage of categorization based on debit tray quality of earning assets.
7. the Executive Board of Directors and is a member of BPR Council Commissioner of BPR as mentioned in the provisions of Bank Indonesia on the Bank Of the people.
8. customer Debitor are individuals, companies or entities to acquire one or more facilities provision of funds.
9. Credit Restructuring is an effort of improvement done BPR in the activities of the debtor against which have difficulties to meet its obligations, which is done through: a. scheduling a return, namely a change of the debtor's obligation of payment schedule or time period;
b. the terms of a return, namely a change of part or all of the credit requirements are not limited to changes in the payment schedule, time period, and/or other requirements all unrelated changes the maximum Credit limit; and/or c. realignment, i.e. Credit terms changes regarding the addition of the credit facilities and the conversion of all or part of the arrears interest installment became a staple of new credit that can be accompanied by scheduling a return and/or the terms of a return.
10. The Collateral taken over (AYDA) is an asset obtained BPR in order completion of credit, either through the auction, or outside of the auction based on voluntary submission by the owner of the collateral or based on a power of attorney to sell outside of the auction from the owner of the collateral in the event that the debtor has been declared Stuck, with the obligation to promptly melted back.
2. In between article 2 and article 3 inserted three (3) article, namely Article 2A, 2B, Chapter and section 2 c to read as follows: Article 2A (1) in the framework of the provision of funds in the form of credits, has the obligatory BPR Manual of policies and procedures in writing.
(2) Policy of as referred to in paragraph (1) of the mandatory approval by the Board of Commissioners.
(3) of Procedure as referred to in paragraph (1) mandatory approved at least by the Board of Directors.
(4) the Board of Commissioners is obliged to conduct surveillance of implementation of policies towards active as referred to in paragraph (1).
(5) the provisions of the guidelines on policies and procedures of BPR as referred to in subsection (1) is set in a circular letter of Bank Indonesia.
Article 2B the manual of policies and procedures as stipulated in Article 2A also includes policies and procedures regarding Credit Restructuring, AYDA, delete the book and remove credit charged.

Article 2 c (1) mandatory specify quality BPR earning assets equal to some accounts earning assets are used to fund one (1) the debtor on the same BPR.
(2) in the event that there is a difference in the quality of earning assets earning assets against some account for 1 (one) the debtor on the same BPR, BPR is obligated to set the quality of each Productive Assets following the most Productive Assets quality low.
3. The provisions of article 12 and paragraph (2) modified and added one (1) paragraph, namely, subsection (4) so that the article 12 reads as follows: article 12 (1) the mandatory form BPR PPAP form common PPAP and PPAP.
(2) the common PPAP as referred to in paragraph (1) are assigned the least of 0.5% (five permil) of earning assets quality.
(3) special PPAP as mentioned on paragraph (1) are assigned the least of: a. 10% (ten perseratus) of earning assets quality with Less Smoothly once it is reduced by the value of the collateral;
b. 50% (fifty perseratus) of earning assets quality is doubtful after deducting value of collateral; and c. 100% (one hundred and perseratus) of earning assets quality Jammed after reduced by the value of the collateral.
(4) the establishment of the common PPAP as referred to in paragraph (1) excluded for earning assets in the form of: a. placement of BPR on the SBI; and b. a Credit secured by collateral is illiquid in the form of SBI, bonds issued by the Government of the Republic of Indonesia, savings and/or deposits that are blocked on the BPR in question is accompanied by a power of Attorney and the melting of precious metals.
4. The provisions of article 13 paragraph (1) modified and added one (1) verse, namely paragraph (3) to Article 13 reads as follows: article 13 (1) the value of the collateral that is taken into account as a deduction in the formation of PPAP as stipulated in article 12 paragraph (3) set the highest rate: a. 100% (one hundred and perseratus) of collateral is illiquid in the form of SBI, bonds issued by the Government of the Republic of Indonesia , savings and/or deposits that are blocked on the BPR in question is accompanied by a power of Attorney and the melting of precious metals;
b. 85% (eighty-five perseratus) of market value for the collateral in the form of gold jewelry;
c. 80% (eighty-perseratus) from the value of the rights of a dependent for collateral in the form of land, buildings and/or homes that have certificates that are bound with dependents;
d. 70% (seventy-perseratus) from the value of the collateral in the form of a warehouse receipt of assessment done less than or up to 12 (twelve) months and is in line with the legislation and the provisions and procedures in force;
e. 60% (sixty-perseratus) from the Value of the tax Object (NJOP) for collateral in the form of land, buildings and/or homes that have a certificate that is not bound by a dependent right;
f. 50% (fifty perseratus) of NJOP for collateral is land and/or buildings with proof of ownership in the form of a letter Girik (letter C) or are used interchangeably with it including a deed of sale and purchase (AJB) made by a notary or other authorized officials of the tax notice enclosed indebted (SPPT) in the past year;

g. 50% (fifty-perseratus) from the market price, or the price of rents redirects, for collateral in the form of place of business/los/kiosk/lapak/privileges/rights returned accompanied by proof of ownership or business place license of letter usage/los/kiosk/lapak/privileges/rights work on issued by the organizer and are accompanied by a valid power of attorney to sell or transfer the rights made/confirmed by a notary or other official is made by the authorities;
h. 50% (fifty perseratus) of market value for the collateral in the form of a motor vehicle, boat or motor boat are accompanied by proof of ownership and has been performed in accordance with applicable binding;
i. 50% (fifty-perseratus) from the value of the collateral in the form of a warehouse receipt of assessment carried out more than 12 (twelve) months up to 18 (eighteen) months and in line with the law, and the provisions and procedures in force;
a. 50% (fifty perseratus) to part Fund guaranteed by the STATE-OWNED ENTERPRISES/LOCAL which is doing business as the guarantor of the credit;
k. 30% (thirty-perseratus) of the market value for the collateral in the form of a motor vehicle, boat or motor boat accompanied by proof of ownership and is accompanied by a power of attorney to sell made/confirmed by the notary; and b. 30% (thirty-perseratus) from the value of the collateral in the form of a warehouse receipt of assessment carried out over 18 (eighteen) months but haven't exceeded 30 (thirty) months and in line with the law, and the provisions and procedures in force.
(2) Collateral other than those referred to in paragraph (1) are not counted as a deduction in the formation of PPAP.
(3) the value of the collateral that is taken into account as a deduction in the formation of PPAP in Credit with kolektibilitas Jam: a. after a period of 2 (two) years up to 3 (three) years, the highest set of 50% (fifty-perseratus) of the value of collateral permitted to be taken into account as referred to in paragraph (1).
b. after a period of 3 (three) years, could not be taken into account as a deduction factor in the formation of PPAP.
5. The provisions of article 14 paragraph (2) modified and added one (1) verse, namely paragraph (3) so that the Article 14 reads as follows: article 14 (1) obligatory assessment of BPR upon collateral to know its economic value.
(2) in the case of collateral assessment does not do the BPR as referred to in paragraph (1) the collateral is not taken into account as a deduction factor PPAP.
(3) taking into account collateral prohibited as BPR deduction in the formation of PPAP in collateral that did not exist, cannot be known of its existence and/or cannot be executed.

6. The provisions of article 15 paragraph (1) is amended to read as follows: article 15 (1) Bank Indonesia authorities perform calculations or do not recognize the value of collateral that has been taken into account as a deduction in the formation of PPAP in RB does not meet the conditions referred to in Article 13 and article 14.
(2) obligatory adjustment calculation BPR PPAP in accordance with calculations defined by Bank Indonesia as referred to in paragraph (1) in the reports submitted to Bank Indonesia and/or publication of the report in accordance with the provisions of the prevailing Bank Indonesia, at least 14 (fourteen) days from the date of notification of the Bank Indonesia.
7. The provisions of article 18 paragraph (1) and subsection (2) amended and plus 2 (two) paragraph, namely paragraphs (3) and subsection (4) so that the Article 18 reads as follows: article 18 (1) the restructured credit quality as referred to in article 16 are assigned as follows: a. maximum temperature Less Smoothly for credit before the restructured its quality belongs to the Doubt or crashes; or b. has not changed, for credit before the restructured the quality is classified as Substandard or less smoothly. (2) credit quality as referred to in paragraph (1) may be: a. smoothly, if there occurs a delinquent installment of principal and/or interest rate for 3 (three) times in succession payment period; or b. the same as credit quality prior to the restructuring of credit, if the Debtor does not meet the conditions referred to in subparagraph a.
(3) imposes a mandatory Bank losses arising from Credit Restructuring, having taken into account with the advantages of PPAP because credit quality improvement after restructuring.
(4) the advantages of PPAP because credit quality improvement are restructured, following the accounted with losses arising from the restructuring of Credit referred to in subsection (3), can only be recognized as revenue when there have been three (3) times the receipt of installments of principal over the restructured Credit.

8. The provisions of article 19 is amended to read as follows: article 19 apply accounting treatment mandatory BPR Restructuring credit, including but not limited to the recognition of losses arising in Credit restructuring, in accordance with Financial accounting standards and Accounting Guidelines that apply to BPR.

9. Article 20 is deleted.

10. Between paragraph (1) and paragraph (2) of article 23 was inserted one paragraph, namely paragraph (1a), subsection (2) and paragraph (3) are amended, and plus 2 (two) paragraph, namely paragraphs (5) and paragraph (6) so that the Section 23 reads as follows: article 23 (1) BPR can take over collateral, which is temporary, in order to have a quality credit settlement Stalled.
(1a) the takeover of the collateral referred to in subsection (1) must be accompanied by an affidavit of delivery of collateral or power of attorney to sell from the debtor, and the certificate in full from BPR to the debtor.
(2) compulsory settlement efforts BPR against collateral taken over (AYDA) as referred to in paragraph (1) in writing within one (1) year after the takeover.
(3) if within the period referred to in subsection (2) cannot complete the BPR AYDA then the value recorded on the balance sheet AYDA BPR compulsory deduction factor counted as core capital BPR in the calculation of the Minimum capital in fulfillment of Obligations (KPMM).
(4) compulsory settlement effort documenting the BPR AYDA as referred to in paragraph (2).
(5) accounting treatment is implements mandatory BPR takeover AYDA in accordance with the provisions and procedures in force. (6) a compulsory BPR have action plan regarding the completion of AYDA.
11. The provisions of paragraph (2) and paragraph (3) of article 24 is modified and added one (1) paragraph, namely, subsection (4) so that the section 24 reads as follows: article 24 (1) a mandatory rate AYDA BPR upon takeover of the collateral to determine the net realizable value.
(2) assessment of AYDA referred to in subsection (1) is done as follows: a. for AYDA with a value of up to Rp 500 million RP (five hundred million rupiah) can be done by appraisers intern BPR; and b. To AYDA with a value of Rp 500,000,000.00 (five hundred million rupiah) required by independent appraisers.
(3) the assessment of AYDA referred to in subsection (1) against any collateral.
(4) the BPR obligatory assessment back periodically against AYDA in accordance with conditions and procedures apply, with the following conditions: a. in the event of AYDA value decline, debasement admits compulsory BPR as a loss; and b. in the event of AYDA value has increased, the BPR may not recognize the value of increased as income.

12. Article 25 is deleted.

13. Between CHAPTER VI and Chapter VII is inserted one CHAPTER, namely CHAPTERS VIA and between article 27 and article 28 pasted one article, namely Article 27A of which reads as follows: Chapter VI A REPORTING article 27 A (1) BPR is obligated to deliver the policy guidelines of BPR as referred to in Article 2A paragraph (1) to the Bank Indonesia at the latest 1 (one) year since the enactment of the regulation of Bank Indonesia.
(2) any changes to the policy guidelines of BPR as referred to in Article 2A paragraph (1) compulsory submitted to Bank Indonesia at the latest 1 (one) months from the occurrence of the change.
(3) in the event that the deadline for the submission of reports on liability referred to in subsection (1) and paragraph (2) falls on a Saturday, Sunday or holiday, the deadline for the submission of the report is the next working day.
(4) Reporting as referred to in paragraph (1) and paragraph (2) is submitted to: a. the Directorate of credit, BPR and SMALL MEDIUM ENTERPRISES (DKBU), Bank Indonesia, JL. M.H. Thamrin No.2, Jakarta 10350, for BPR headquartered in the region the headquarters of Bank Indonesia;
b. Office of Bank Indonesia, for BPR headquartered outside of the working area of the headquarters of Bank Indonesia.

14. The provisions of article 28 is amended so that Article 28 reads as follows: article 28 BPR which breach the provisions as set forth in article 2, Article 2A paragraph (1), subsection (2), subsection (3) and subsection (4), article 2 c, article 11 paragraph (2), article 12, paragraph (1) of article 14 paragraph (1) and paragraph (3), article 15 paragraph (2), article 17, article 18 paragraph (3) , Chapter 19, Section 23 subsection (2), subsection (3), subsection (4), subsection (5) and paragraph (6), article 24 paragraph (1) and paragraph (4), article 26 paragraph (1), subsection (2) and paragraph (4), article 27 and/or Article 27A para (1) and paragraph (2), subject to administrative sanctions referred to in Section 52 Act No. 7 of 1992 about Banking as amended by Act No. 10 of 1998 in the form of : a. a written reprimand;

b. decrease the value of the credits in the calculation of the level of health; and/or c. inclusion of administrators and/or shareholders in the list of parties who obtain a predicate does not pass in the assessment of ability and propriety of BPR as stipulated in the provisions of Bank Indonesia governing the assessment of the ability and appropriateness for BPR.
Chapter II TRANSITIONAL PROVISIONS

(1) the deadline for the completion of the AYDA had owned before the enactment of Regulations Banks BPR Indonesia keep referring to the provisions of article 11 paragraph (2) of the regulation of Bank Indonesia No. 8/2/PBI/2006 regarding the quality of earning assets and the establishment of Productive Assets Allowance Of Bank Rakyat, which is the longest 2 (two) years counted from the date of the takeover.
(2) collateral value recognition Phasing as stipulated in article 13 paragraph (3) to credit the BPR has had the quality of Bank Indonesia Regulations Stalled before it applies, calculated from the Bank Indonesia Regulations apply.
CLOSING PROVISIONS article III (1) at the time the regulation of Bank Indonesia started to apply, the Board of Directors of Bank Indonesia Decision Letter Number 23/67/KEP/DIR dated 28 February 1991 about the quality of earning assets and the establishment of the reserve is declared does not apply to the Bank Of the people. (2) the regulation of Bank Indonesia began to take effect from 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 in December 28, 2011 GOVERNOR of BANK INDONESIA DARMIN NASUTION Enacted in Jakarta on December 28, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, AMIR SYAMSUDDIN fnFooter ();