SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 111, 2011 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 5253) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 21 YEAR 2011
ABOUT
FINANCIAL SERVICES AUTHORITY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that to achieve a national economy capable of sustainable and stable growth, activities are required within the financial services sector that are organized regularly, equitable, transparent and accountable, and able to realize the financial system. that is growing continuously and stable, and is able to protect the interests of consumers and the public;
B. that based on consideration as intended in the letter a, the necessary financial services authority, the task, and authority of the arrangements and supervision of activities within the financial services sector is integrated, independent, and account;
c. that on the basis of consideration as referred to in the letter a and the letter b, need to form an Act on the Financial Conduct Authority;
Remembering: 1. Section 5 of the paragraph (1), Article 20, and Article 33 of the Basic Law of the Republic of Indonesia Year of 1945;
2.
Act Number 23 Year 1999 about Bank Indonesia (State Sheet of Indonesia Year 1999 Number 66, Additional Gazette Republic of Indonesia Number 3843) as has been several times amended Last with Law Number 6 Year 2009 on Establishing Government Regulation Replacement Rule Number 2 Year 2008 on Second Amendment of the 1999 Act No. 23 on Bank Indonesia Being an Act (State Gazette) Republic of Indonesia 2009 Number 7, Additional Gazette Republic of the Republic Indonesia Number 4962);
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
And
PRESIDENT
DECIDED:
Establish: LEGISLATION ON FINANCIAL SERVICES AUTHORITY.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
1. Financial Services Authority (OJK) is an independent and independent agency of the interference of other parties, whose functions, duties, and powers of arrangement, supervision, examination, and inquiry are in place. This Act.
2. The Board of Commissioners is the supreme leadership of OJK that is collective and collegial.
3. Chief Executive is a member of the Board of Commissioners tasked with leading the implementation of supervision of financial services activities and reporting on the execution of his duties to the Board
4. The Financial Services Institute is an institution carrying out activities in the Banking sector, Capital Markets, Perinsurance, Pension Fund, Financing agencies, and Other Financial Services Institutions.
5. Banking is everything that concerns banks, including institutional, business activities, as well as ways and processes in carrying out conventional and sharia business activities as referred to in laws regarding banking and legislation on sharia banking.
6. The Capital Market is the activities concerned with the Public Offering and the Trade of Effects, Public Companies relating to the Effect of which it is published, as well as the institutions and professions related to the Effect as referred to in the legislation About the capital markets.
7. Perinsurance is a perinsurance effort that moves in the insurance business sector, namely the financial services effort that by raising public funds through the collection of insurance premiums providing protection to members of the service-users. insurance against the loss of a loss due to an indefinite event or against a person's life or death, a reinsurance venture, and an insurance venture that organizes the services of the country, the assessment of the cost of insurance and the Actuarial services, as defined in the laws regarding the effort Perinsurance.
8. The Pension Fund is a legal entity that manages and runs a program that promises pension benefits as referred to in laws regarding pension funds.
9. The Financing Agency is a body of enterprise that conducts financing activities in the form of providing funds or capital goods as referred to in the laws regarding the financing agency.
10. Other Financial Services agencies are pergadaian, disposal agencies, Indonesia export financing institutions, residential secondary financing firms, and institutions that host mandatory public fund management, including the organizer of the social security program, pension, and welfare, as referred to in the laws regarding the pergadaian, the settlement, the Indonesian export financing agency, the secondary housing financing company, and the management of the fund A community that is conscripted, as well as other financial services institutions was declared supervised by OJK under laws.
11. OJK Regulation is the written rule established by the Council of Commissioners, binding in general, and promulbed in the Gazette of the Republic of Indonesia.
12. The Commissioner Council Regulation is the written rule set by the Commissioning and binding Council in the internal OJK environment.
13. Bank Indonesia is the Central Bank of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia of Indonesia in 1945.
14. Penassurance Institute is the Institute of Handsome Guarantee as referred to in the legislation concerning the guarantor institutions.
15. Consumers are the parties that place their funds and/or utilize the services available in the Financial Services Institution among others on Banking, financiers in the Capital Market, the policyholders in the Perinsurance, and participants in the Pension Fund, based on laws in the financial services sector.
16. Government is the government of the Republic of Indonesia.
17. The governor of the Bank of Indonesia is the leader of the Board of Governors of the Bank of Indonesia.
18. The Minister of Finance is the minister who organizes government affairs in the field of finance.
19. Chairman of the Board of Commissioners of the Institute of Guaranteed Committee is the leader of the Board of Commissioners of the Commissioner of Storage Guarantees
20. Ex-officio is the office of a person in a particular institution due to his duties and authority on other institutions.
21. The Ethics Committee is a supporting organ of the Council of Commissioners tasked with overseeing the compliance of the Council of the Commissioners, officials and OJK employees against the code
22. The Board of Audit is a supporting organ of the Board of Commissioners tasked with evaluating the execution of OJK duties as well as compiling the standard audit and risk management of OJK.
23. The Selection Committee is a committee set up by the President who is tasked with voting and setting a candidate for the Board of Commissioners to be delivered to the President.
24. Each Person is an individual or corporation person.
25. Forum of Financial Stability Coordination Forum is a coordination forum set up to maintain the stability of the financial system whose members consist of the Minister of Finance as a co-ordinator coordinator, the Governor of the Bank of Indonesia as a member, The Chairman of the Board of Commissioners of the Institute of Warranted Institutions as a member, and Chairman of the OJK Commissioners
BAB II
ESTABLISHMENT, STATUS, AND PLACE OF POSITION
Section 2
(1) With this Act formed OJK.
(2) The OJK is an institution that is independent in carrying out its duties and its authority, free of the interference of other parties, except for matters expressly set out in this Act.
Section 3
(1) OJK is based in the Indonesian capital of the Republic of Indonesia.
(2) OJK may have offices in and outside the State of the Republic of Indonesia which is formed according to necessity.
BAB III
THE PURPOSE, FUNCTION, TASK, AND AUTHORITY
Section 4
OJK is formed with the aim of the overall activities within the financial services sector:
a. Organized regularly, equitable, transparent, and accountable;
B. be able to realize a financial system that is growing continuously and stable; and
c. capable of protecting the interests of Consumer and society.
Section 5
OJK serves to host an integrated regulatory and regulatory system against the overall activities within the financial services sector.
Section 6
OJK performs setup and supervision tasks against:
a. financial services activities in the Banking sector;
B. financial services activities in the Modal Market sector; and
c. Financial services activities in the Perinsurance sector, Pension Fund, Financing Institutions, and Other Financial Services Institutions.
Section 7
To execute the regulatory and regulatory duties in the Banking sector as referred to in Section 6 of the letter a, OJK has the authority:
a. the setting up and oversight of the bank ' s institutional integrity including:
1. Licensing for the establishment of a bank, bank office opening, base budget, work plan, ownership, human resources and resources, mergers, consolidation and acquisition of banks, and the revocation of bank business permits; and
2. Bank business activities, among others the source of funds, provision of funds, hybriation products, and activities in the field of services;
B. settings and supervision regarding the bank ' s health including:
1. liquidity, rentability, solvency, asset quality, minimum capital adequate ratio, maximum credit-giving ratio, loan to savings ratio, and bank backup;
2. bank reports related to health and bank performance;
3. Debitur information system;
4. credit testing (credit testing); and
5. Bank accounting standards;
c. Settings and supervision regarding the bank ' s discretion aspects, including:
1. Risk management;
2. bank governance;
3. The principle of knowing nasabah and anti-money laundering; and
4. Prevention of terrorism financing and banking crimes; and
D. Bank check.
Section 8
To perform the setting task as referred to in Section 6, OJK has the authority:
a. establish the execution rules of this Act;
B. establish laws in the financial services sector;
c. establish OJK rules and decisions;
D. establish regulations on oversight in the financial services sector;
e. establish a policy regarding the implementation of OJK tasks;
f. establish regulations on the manner of the written order of order written against the Financial Services Institution and certain parties;
G. establish regulations on the management of the Commuter Institutions of the Financial Services Institution;
h. establish the organizational structure and infrastructure, and manage, maintain, and create wealth and liabilities; and
i. establish regulations on the manner of sanctions imposition in accordance with the provisions of laws in the financial services sector.
Section 9
To carry out the supervision task as referred to in Article 6, OJK has the authority:
a. establish a surveillance operational policy towards financial services activities;
B. oversee the execution of supervising duties executed by the Chief Executive;
c. perform surveillance, inspection, investigation, consumer protection, and other actions against the Financial Services Institution, the perpetrator, and/or the support of financial services activities as referred to in the financial services sector;
D. provide a written order to the Financial Services Institution and/or a particular party;
e. doing a statuter manager appointment;
f. establish the use of a statuter manager;
G. establish administrative sanctions against parties committing violations of the laws in the financial services sector; and
h. provide and/or revoke:
1. attempt permit;
2. Individual permissions;
3. The effectiveness of the registration statement;
4. The registered letter;
5. consent doing business activities;
6. assent;
7. approval or dissolution of the dissolution; and
8. Other assignments,
As in law, in the financial services sector.
BAB IV
COMMISSIONER ' S BOARD
The Kesatu section
Commissioning Council Structure
Section 10
(1) The OJK is led by the Commissioners ' Council.
(2) The Council of Commissioners as referred to in paragraph (1) is collective and collegial.
(3) The Council of Commissioners of 9 (nine) members of the member specified with the Presidential Decree.
(4) The Commissioning of the Commissioners ' Council as referred to in paragraph (3) consists of:
a. a member is a member of the Chair;
B. a Vice Chairman as Chairman of the Board of Conduct Duplicate members;
c. a member of the Supervising Banking Executive is a member;
D. a Chief Executive Officer of Modal Market Supervising a member;
e. a Chief Executive Officer of Perinsurance, the Pension Fund, the Financing Institute, and the Other Financial Services Institutions and the members of the Financial Services Agency;
f. a Board Chairman of the Audit Board is a member;
G. a member who is a member of Consumer Education and Protection;
h. a Ex-officio member of the Bank of Indonesia who is a member of the Board of Governors of the Bank of Indonesia; and
i. a Ex-officio member of the Ministry of Finance who is an official of the eselon I Ministry of Finance.
(5) Members of the Board of Commissioners as referred to in verse (4) have the same voting rights.
The Second Part
Appointment and Pit Stop
Section 11
(1) Member of the Board of Commissioners as referred to in Article 10 paragraph (4) of the letter a until the letter g is elected by the People's Representative Council on the basis of the candidate proposed by the President.
(2) The selection and determination of the candidate of the Board of Commissioners to be proposed to the President as referred to in paragraph (1) is exercised by the Selection Committee set up by the Presidential Decree:
a. at least 6 (six) months prior to the expiration of the Board of Commissioners term; or
B. Two (two) months from the date of vacancy date or the termination of the termination of the Board of the Commissioners for reasons referred to in Section 17 (1) of the letter a, letter b, letter d, letter e, letter f, letter g, letter h, letter i, and/or The letter j.
(3) The selection committee as referred to in paragraph (2) consists of 9 (nine) persons consisting of elements of the Government, Bank of Indonesia, and the public.
(4) The Selection Committee announces acceptance of the Commissioner of the Commissioners as referred to in the paragraph (1) to the society at least 5 (5) business days after the inclusion of the Selection Committee as referred to in verse (2).
(5) The registration of the candidate is conducted within 12 (twelve) business days continuously.
(6) The Selection Committee performs administrative selections against the prospective members of the Board of Commissioners as referred to in verse (5).
(7) The Selection Committee announces the name of a candidate who has passed the administrative selection to obtain input from the community most of 5 (five) working days since the end of the candidate registration time as referred to in paragraph (5).
(8) Input as referred to in paragraph (7) is delivered to the Selection Committee within 12 (twelve) business days from the date announced.
(9) The selection committee performs assessments and elections and delivers the candidate of the Board of Commissioners to the President as many as 3 (three) persons candidates for each member of the Board of Commissioners required, at least 12 (twelve) days of work. since the end of the term as referred to in verse (8).
Section 12
(1) The President elees and addresses the candidate of the Board of Commissioners as many as 2 (two) candidates for each member of the Board of Commissioners required to the People's Representative Council, at least 12 (twelve) days of work as of date He is given the name of the Board of Commissioners of the Committee of Selection as referred to in Article 11 of the paragraph (9).
(2) Of the prospective members of the Board of Commissioners as referred to in verse (1), the President submitted as many as 2 (two) prospective members of the Board of Commissioners to be elected by the House of Representatives as Chairman of the Commissioners Council.
(3) The candidate of the Board of Commissioners who is not elected Speaker of the Board of Commissioners as referred to in paragraph (2) is included to be elected as a member of the Council of Commissioners by the House of Representatives.
(4) The House of Representatives elect a candidate for the Council of the Commissioners in accordance with the number of members of the Board of Commissioners required, at least 45 (forty-five) days of work since it received the names of candidate members of the House Commissioners. as it is in verse (1).
(5) The candidate of the Board of Commissioners is elected to be presented by the House of Representatives to the President at least 5 (five) days of work since the completion of the election process of the Speaker of the Commissioners as referred to in verse (4).
(6) The President appoints and establishes the elected candidate as a member of the Council of Commissioners of the longest 30 (thirty) days of work from the date of the receipt of the name of the candidate of the House of Representatives elected from the House of Representatives.
Section 13
(1) Member of the Board of Commissioners as referred to in Article 10 paragraph (4) of the letter h appointed and designated President under the proposal of the Governor of the Bank of Indonesia.
(2) Members of the Board of Commissioners as referred to in Article 10 of the paragraph (4) of the letter i are appointed and designated President under the proposal of the Minister of
Section 14
(1) The Chairman, Vice Chairman, and members of the Board of Commissioners are appointed and set by the Presidential Decree.
(2) The division of duty among the members of the Board of Commissioners as referred to in Article 10 of the paragraph (4) of the letter b up to the letter g is decided upon the meeting of the Council of the Commissioners and specified with the Decree
(3) Members of the Board of Commissioners as referred to as Articles 10 (4) letters a up to the letter g are appointed for a term of five (five) years and may be reappointed for one (one) term of the term.
Section 15
The terms of the Board of the Commissioners as referred to in Article 10 of the paragraph (4) of the letter a up to the letter g are as follows:
a. nationals of Indonesia;
B. have good morals, morals, and integrity;
c. capable of doing legal deeds;
D. was never declared pailit or was never the administrator of the company that caused the company to be pailit;
e. healthy physical;
f. the height of 65 (sixty-five) years at the time set;
G. have experience or expertise in the financial services sector; and
h. Never been sentenced to a prison sentence based on a court ruling that has had the power of the law to remain for committing a criminal offence under sentence of 5 (five) years or more.
Section 16
(1) The Chairman, Vice Chairman, and member of the Board of Commissioners before the appointment of his office shall be required to swear or promise according to his religion or belief in the presence of the Supreme Court.
(2) The promise of an oath as to the (1) verse is the following:
" I swear/promise that I, to become the Chairman/Vice Chairman/member of the OJK Commissioners directly or indirectly by any name and subterfuge do not give or promise to give something to anyone ".
"I swear/promise that I, in doing or not doing something in this post, will not accept directly or indirectly from anyone of any kind of promise or grant in any form".
" I am sworn in/promising that I will carry out the duties and obligations as the Chairman/Vice Chairman/member of the OJK Commissioners ' Council as well as the sense of responsibility under the laws of the law. the duties and obligations of those ".
"I swear to you that I will be loyal to the State of the Republic of Indonesia and the Constitution of the Republic of Indonesia in 1945".
Section 17
(1) The Board of Commissioners cannot be dismissed before the term of office terminates, unless otherwise complies with the following reasons:
a. died the world;
B. resigning;
c. His term has expired and is not reelected;
D. a fixed impediation so that it cannot carry out the task or is expected to be medically unable to carry out the task of more than 6 (six) consecutive months;
e. does not perform its duties as a Commissioner of the Commissioners of more than 3 (three) consecutive months for no reason to be held accountable;
f. no longer be a member of the Board of Governors of the Bank of Indonesia for members Ex-officio The Board of Commissioners who are from the Bank of Indonesia as referred to in Article 10 of the verse (4) letter h;
G. no longer be an official of the eselon I level on the Ministry of Finance for members Ex-officio The Board of Commissioners who are from the Ministry of Finance as referred to in Article 10 of the paragraph (4) letter i;
h. have a family relationship up to a second degree and/or a while with other Commissioners of the Commissioner and no one is stepping down from his post;
i. violating a code of conduct; or
J. no longer fulfill any of the terms as referred to in Article 15 and in violation of the prohibition as referred to in Article 22.
(2) The Pit Stop as referred to in paragraph (1) is proposed by the Council of Commissioners to the President to obtain a designation.
The Third Part
Intertime replacement
Section 18
(1) In the case of a member of the Board of Commissioners as referred to in Article 10 of the paragraph (4) of the letter a up to the letter g, is dismissed for the reason referred to in Article 17 of the paragraph (1) letter a, letter b, letter d, letter e, letter f, letter g, letter h, letter h, letter h, letter h, font, The letter i, and/or letter j, exercised the replacement of the members of the Council of Commissioners intertime in accordance with the election manner of the members of the Council of Commissioners as set in
(2) Members of the Board of Substitutes Commissioners are appointed to replace the office of the Board of Commissioners who are dismissed as referred to in paragraph (1) and continue the remainder of the membership of the Board of Commissioners
(3) The Replacement of the Commissioner of the Commissioners as referred to in verse (1) is not done if the remainder of the Council of Commissioners of the Commissioners is discharged less than 1 (one) years.
Section 19
(1) In the case of the Chairman of the Board of Commissioners dismissed for reasons referred to in Article 17 of the paragraph (1), the Deputy Speaker of the Council of Commissioners acts as a temporary official to carry out the duties and authority of the Speaker of the Board There's a new Commissioner of the Council.
(2) In the case of the Deputy Chairman of the Board of Commissioners dismissed for the reasons as referred to in Article 17 of the paragraph (1), the Chairman of the Board of Commissioners acts as a temporary official to carry out the duties and authority of the Vice Chairman With the new Deputy Chairman of the Council.
(3) In the case of the Chairman and Deputy Chairman of the Board of Commissioners is dismissed for reasons referred to in Article 17 of the paragraph (1), under the agreement of the Board of Commissioners, one of the members of the Board of Commissioners as referred to in Article 10 of the The letter c up to the letter g acts as a temporary official to carry out the duties and authority of the Chairman and/or Deputy Chairman of the Board of Commissioners until the Chairman and/or Deputy Chairman of the Board of Commissioners are new.
(4) In the case of a member of the Board of Commissioners as referred to in Article 10 of the paragraph (4) of the letter c to the letter g is dismissed for the reason referred to in Article 17 of the paragraph (1), under the agreement of the Council of Commissioners, one of The Council of Commissioners, except for the Board of Commissioners Ex-officio as referred to in Article 10 of the paragraph (4) of the letter h and letter i, acts as a temporary official to carry out the duties and authority of the members of the Commissioners ' Council With the new Board of Commissioners, the new commissioner.
The Fourth Part
Task and Authority
Section 20
The arrangement task as referred to in Article 6 is exercised by the Board of Commissioners.
Section 21
In exercising the authority referred to in Article 6, the Board of Commissioners establishes the OJK Regulation, the Rules of the Council of the Commissioners, and/or the Commissioner's Council Decision.
The Fifth Part
The ban
Section 22
Commissioners of the Commissioner are prohibited:
a. have a clash of interests at the Financial Services Institution overseen by OJK;
B. be the administrator of the perpetrator ' s organization or the profession in the Financial Services Institution;
c. be the administrator of the political party; and
D. Rank in other institutions, except in order to perform the functions, duties, and authority of the OJK and/or assignments under the provisions of the laws.
Section 23
(1) Intermembers of the Council of Commissioners are prohibited from having familial relations to the second degree and temporary.
(2) If the intermember of the Council of Commissioners is shown to have a family relationship as referred to in verse (1), one of them is obliged to resign from office in 30 (thirty) days since it is proven to have been Family ties.
(3) In no case any of the members of the Council of Commissioners who resign as referred to in verse (2), all members of the Council of Commissioners who have the relationship of the family have been dismissed from office by the President.
The Sixth Part
Meeting and Decision Capture
Section 24
(1) The Board of Commissioners carries out the Board of Commissioners regularly at least 1 (one) times in 2 (two) weeks or at any time on the request of one of the Commissioners of the Commissioners.
(2) The Chairman of the Board of Commissioners presided over the Commissioners
(3) In the case of Chairman of the Board of Commissioners, Vice Chairman of the Board of Commissioners presides over the Council
(4) In the case of the Chairman and Deputy Chairman of the Board of Commissioners as referred to in verse (2) and paragraph (3) impeded, under the agreement of the members of the Council of Commissioners, one of the members of the Council of Commissioners is appointed to lead the Council
(5) The Council Meeting of the Commissioners is declared valid when attended by more than 1/2 (one pertwo) of the number of members of the Commissioners.
(6) The commissioning of the Council of Commissioners is conducted based on deliberations to reach the mufakat.
(7) In terms of deliberation to reach the mufakat as referred to in paragraph (6) is not achieved, the decision is set on the basis of the most votes.
(8) Each meeting of the Council of Commissioners is made meeting treatises signed by all the members of the Commissioning Commissioner.
(9) Further provisions on the layout of the meeting of the Council of Commissioners are governed by the Rules of the Commissioners of
The Seventh Part
Other-other
Section 25
(1) The Board of Commissioners represents OJK both inside and outside the court.
(2) The Board of Commissioners may submit the authority to represent as referred to in paragraph (1) to one or more members of the Council of Commissioners, and/or to OJK officials or other parties to represent the OJK specially reused for it.
(3) The provisions of the manner of the assignment and the granting of power to other parties as referred to in paragraph (2) are governed by the Rules of the Council of Commissioners.
BAB V
ORGANIZATION AND EMPLOYEE
Section 26
(1) To support the agility of the implementation of the functions, duties and authority of the OJK, the Council of Commissioners form the organization.
(2) To support the agility of the implementation of the functions, duties and authority of the OJK, the Council of Commissioners form a supporting organ which includes the secretariat, the Board of Audit, the Ethics Committee, and other organs according to the need.
(3) To support the agility of the implementation of the functions, duties and authority of the OJK, the Board of Commissioners can lift the expert staff.
(4) The further provisions concerning the organization and the OJK workworks are set up with the Rules of the Board of Commissioners.
Section 27
(1) The Board of Commissioners raised and dismissed OJK officials and employees.
(2) OJK may employ civil servants in accordance with the provisions of the laws.
(3) Further provisions of the workforce are governed by the Rules of the Council of Commissioners.
BAB VI
CONSUMER AND COMMUNITY PROTECTION
Section 28
For Consumer and Community protection, OJK is authorized to conduct Consumer and community loss prevention measures, which include:
a. provide information and education to the public on the characteristics of the financial services sector, services, and products;
B. ask the Financial Services Agency to stop its activities if such activities are potentially detriing to the public; and
c. Other actions deemed necessary in accordance with the provisions of the laws in the financial services sector.
Section 29
OJK performs Consumer complaint services including:
a. prepare an adequate device for the Customer's disadvantaged Consumer Services service in the Financial Services Institution;
B. create a Customer-harmed complaint mechanism by an offender in the Financial Services Institution; and
c. facilitating the completion of the Customer's disadvantaged Customer's complaint in the Financial Services Institution in accordance with the laws in the financial services sector.
Section 30
(1) For the protection of Consumer and Society, OJK authorities conduct a legal defense, which includes:
a. ordered or performed certain actions to the Financial Services Institution to resolve the Customer's disadvantaged Consumer Services Institution in question;
B. submitted the lawsuit:
1. to recover the property of the wronged party from the party which caused the loss, whether under the control of the parties that caused the loss in question or under the command of the other in the good faith; And/or
2. To obtain damages from the parties that cause the loss to the Consumer and/or the Financial Services Institution as a result of the breach of the laws in the financial services sector.
(2) Replace the loss as specified in paragraph (1) the letter b 2 is used only for the payment of the indemnation to the affected party.
Section 31
Further provisions on Consumer protection and the public are set up with the OJK Regulation.
BAB VII
THE CODE OF CONDUCT AND INFORMATION SECRECY
The Kesatu section
The Code of Conduct
Section 32
(1) The Board of Commissioners establish and enforce the OJK code of conduct.
(2) The further provisions of the code of conduct as referred to paragraph (1) are governed with the Rules of the Council of Commissioners.
The Second Part
Information Privacy
Section 33
(1) Any person who serves or has served as a member of the Board of Commissioners, OJK officials or employees is prohibited from using or revealing any information that is confidential to the other, except in order The exercise of function, duty, and authority is based on OJK decisions or are required by the Act.
(2) Any person acting for and on behalf of OJK, who is employed in OJK, or as an expert staff member in OJK, is prohibited from using or revealing any information that is confidential to the other, except in order to perform the function, task, and its authority is based on OJK decisions or required by the Act.
(3) Any person who is aware of the confidential information, either because of its subject, the profession, as a supervised party, or any connection with OJK, is prohibited from using or disclosing such information to any other party, except in order to perform the functions, tasks, and services under the OJK decisions or are required by the Act.
(4) The violation of the provisions of paragraph (1), paragraph (2), and paragraph (3) may be subject to administrative sanction and/or other sanctions in accordance with the provisions of the laws.
(5) The further provisions of confidentiality, use, and disclosure of information as referred to in paragraph (1), paragraph (2), and paragraph (3), are governed by the Rules of the Commissioners ' Council.
BAB VIII
WORK AND BUDGET PLANS
Section 34
(1) The Board of Commissioners compiles and sets the OJK work and budget plan.
(2) The OJK Budget is sourced from the State Budget and Shopping Budget and/or levies of the parties conducting activities in the financial services sector.
(3) The further provisions of the OJK work plan and budget as referred to in paragraph (1) are governed with the Rules of the Commissioners of the Commissioners.
Section 35
(1) The OJK Budget as referred to in Article 34 of the paragraph (2) is used to finance operational, administrative, asset procurement as well as other supporting activities.
(2) The budget and use of the budget to finance activities as referred to in paragraph (1) is set by a reasonable standard in the financial services sector and excluded from the general cost standards, the procurement process of goods and services, and the system remuneration as set in laws related to the State Budget and Shopping Budget, the procurement of Government goods and services, and the remuneration system.
(3) To support OJK ' s operational activities, the Government can conduct initial funding placements into OJK.
(4) Further provisions concerning the standard of cost, the procurement process of goods and services, and the remuneration system are governed with the Rules of the Board of Commissioners.
Section 36
For budgeting as referred to in Article 34 of the paragraph (1) and paragraph (2), OJK first requests the approval of the People's Representative Council.
Section 37
(1) OJK donates levies to parties conducting activities in the financial services sector.
(2) Parties doing activities in the financial services sector are required to pay the levy imposed on OJK as referred to in paragraph (1).
(3) The levy as referred to in paragraph (1) is the OJK acceptance.
(4) The OJK accepts, manages, and administered the levy as referred to in paragraph (3) in account and independent.
(5) In terms of levies received in the year running exceeds the OJK needs for the next budget year, the excess is made available to the State Kas.
(6) The further provisions of the levy as referred to in paragraph (1) are governed by the Government Regulation.
BAB IX
REPORTING AND ACCOUNTABILITY
Section 38
(1) OJK is required to draft a financial report consisting of a financial and annual financial report.
(2) OJK is required to draft an activity report consisting of monthly, quarterly, and annual activity reports.
(3) In terms of the People ' s Representative Council requires an explanation, OJK is obliged to submit a report.
(4) The period of the financial report as referred to in paragraph (1) is dated January 1 to December 31.
(5) OJK is required to deliver a quarterly report of activities as referred to in paragraph (2) to the House of Representatives as a form of accountability to the public.
(6) The report of the annual activities as referred to in paragraph (2) is delivered to the President and the People ' s Representative Council.
(7) For the drafting of the financial statements as referred to in paragraph (1), the Board of Commissioners set the OJK standards and accounting policies.
(8) The annual financial report as referred to in paragraph (1) is audited by the Financial Examiner 's Agency or the Public Accountant Office appointed by the Financial Examiner' s Agency.
(9) OJK is obliged to announce OJK ' s annual report to the public through print and electronic media.
(10) Further terms on the form and arrangement of the financial statements as referred to in paragraph (1) and the report of the activities as referred to in paragraph (2), as well as the layout, form, and arrangement of the report announced to the public are set up with the Commissioner's Rule.
BAB X
INSTITUTIONAL RELATIONS
The Kesatu section
Coordination and Co-operation
Section 39
In carrying out its duties, OJK is coordinating with the Bank of Indonesia in making surveillance regulations in the Banking field among others:
a. the bank ' s minimum capital fulfillment obligations;
B. a unified banking information system;
c. Foreign exchange admissions policy, receipt of foreign exchange funds, and foreign commercial loans;
D. banking products, derivatives transactions, other bank business activities;
e. determination of bank institutions that enter the category systemically important bank; and
f. Other data excluded from the provisions of information secrecy.
Section 40
(1) In the case of the Bank of Indonesia to carry out functions, duties, and its authority requires a special examination of a specific bank, the Bank of Indonesia may conduct a direct inspection of the bank by passing the notice. It's written to OJK first.
(2) In conducting examination activities as referred to in paragraph (1), the Bank of Indonesia cannot provide an assessment of the bank ' s health level.
(3) The bank examination results as referred to in paragraph (1) are delivered to the OJK most recently (one) months since the publication of the results of the examination results.
Section 41
(1) OJK informs the Institute of Handsome Assurance regarding the troubled bank which is in the effort of a vision by OJK as referred to in the laws.
(2) In the case of OJK indicating that certain banks are having difficulty liquidity and/or health conditions are worsening, OJK immediately informs the Bank of Indonesia to conduct measures in accordance with the authority of the Bank of Indonesia.
Section 42
The Guarantor Institution may conduct an examination of the bank associated with its functions, duties and authority, and is coordinating first with OJK.
Section 43
OJK, Bank of Indonesia, and Institutionable Institute are mandatory to build and maintain the integrated means of information exchange.
The Second Part
Coordination Protocol
Section 44
(1) To maintain the stability of the financial system, created the Forum of Stability Coordination of the Financial System with members consisting of:
a. Finance Minister as a member of the coordinator;
B. Governor of the Bank of Indonesia as a member;
C. Chairman of the OJK Commissioners Council as a member; and
D. The Chairman of the Board of Commissioners of the Institute of Warranted Institutions
(2) The Coordinating Forum of Stability Financial System assisted by secretariacy led by one of the eselon I officials in the Ministry of Finance.
(3) The decision to be made in a meeting of the Financial Systems Coordination Forum is based on deliberations for the assemblies.
(4) In a matter of deliberation for the (3) verse, the (3) decision is not achieved, and the decision is made on the basis of the highest vote.
Section 45
(1) Under normal conditions, the Forum of Financial Stability Coordination Forum:
a. mandatory monitoring and evaluation of financial system stability;
B. doing the least 1 (one) meeting times in 3 (three) months;
c. create a recommendation to any member to conduct an action and/or make policy in order to maintain the stability of the financial system; and
D. To exchange information.
(2) In non-normal conditions for crisis prevention and handling, Minister of Finance, Governor of the Bank of Indonesia, Chairman of the Board of OJK Commissioners, and/or Chairman of the Board of Commissioner of Preventive Institutions which indicated there is a potential crisis or have been There is a crisis on the financial system, each of which can submit to the Financial Coordinating Forum for the Stability of the Financial System for immediate meeting to decide on preventive measures or handling of the crisis.
(3) Minister of Finance, Governor of the Bank of Indonesia, Chairman of the Board of the OJK Commissioners, and Chairman of the Board of Commissioners of the Institute of Warranted Institutions are authorized to take and execute the decision to and on behalf of the institution that it represents in order of retrieval the decision of the Financial System Stability Coordination Forum, in an abnormal condition as referred to in paragraph (2).
(4) The Financial System Stability Coordination Forum establishes and carries out the necessary policies in the framework of the prevention and handling of crises on the financial system in accordance with their respective powers.
(5) The decision of the Coordinating Forum for the Stability of the Financial System associated with the settlement and handling of a failed bank which is in the case of systemic impact of systemic binding of the Attractive Institution.
Section 46
(1) The policy of Coordinating Forum Stability of Financial Systems related to the financial state is required to be submitted for approval of the People's Representative Council.
(2) The decision of the Council of Representatives is mandatory in the most prolonged period of 24 (twenty-four) hours since the submission of the approval as referred to in paragraph (1) was accepted by the House of Representatives.
The Third Part
International relations
Section 47
(1) OJK may conduct cooperation with the supervising authority of the Financial Services Institution in other countries as well as international organizations and other international institutions, among others on the fields and/or activities as follows:
a. development of institutional capacity, among other human resources training in the areas of setting up and oversight of the Financial Services Institution;
B. exchange information; and
c. cooperation in the framework of examination and investigation as well as the prevention of crime in the financial sector.
(2) OJK can be a member of the international financial services watchdog organization.
(3) In terms of the agreement of international agreements in the financial services sector concerning legal matters and having an impact on the national financial system, OJK is required to obtain confirmation from the House of Representatives.
(4) OJK may conduct cooperation and provide assistance in the framework of inspection and investigation conducted by the supervising authority of the Financial Services Agency of other countries based on written requests.
(5) The cooperation and assistance in order of examination and inquiry as referred to in paragraph (4) may be performed if:
a. Other state Financial Services Authority supervisors have had reciprocity cooperation agreements with OJK; and
B. The exercise of cooperation and such assistance is not contrary to the common interest.
(6) The cooperation and assistance in the order of the inquiry as referred to in paragraph (4) may be performed if:
a. Other state Financial Services Authority supervisors have had reciprocity cooperation agreements with OJK; and
B. the execution of cooperation and the provision of such assistance is made in accordance with the provisions of the applicable law in the field of mutual cooperation in criminal matters.
Section 48
All forms of international cooperation, including in the areas of setup, supervision, and inquiry, are mandatory based on a balanced reciprocity principle.
BAB XI
INQUIRY
Section 49
(1) In addition to officials of the Indonesian National Police Investigators, a particular civil servant official whose scope of duty and responsibility includes oversight of financial services sector in the OJK environment, given special authority as an investigator. as it is in the Code of Criminal Events Act.
(2) The civil servant as referred to in Article 27 of the paragraph (2) may be appointed as the Investigator Civil Servant as referred to in verse (1).
(3) Civil Servant Investigator as referred to in paragraph (1) authorized:
a. receive a report, notice, or complaint from a person about the presence of a criminal offence in the financial services sector;
B. conduct research on correctness of reports or adverts with regard to criminal conduct in the financial services sector;
c. conducting research on Any Person who allegedly committed or engaged in criminal conduct in the financial services sector;
D. call, inspect, as well as to request information and evidence from any person who dismay perform, or as a witness in a criminal conduct in the financial services sector;
e. conduct examination of bookkeeping, notes, and other documents with regard to the criminal conduct in the financial services sector;
f. A search warrant for every particular place, which is suspected of any evidence, records, records, and other documents, and confiscation of goods that can be used as evidence for criminal conduct in the service sector. finance;
G. ask for data, documents, or other evidence tools, both print and electronic to the telecom services organizer;
h. In certain circumstances, request to the official to conduct a preventive measure against the person who is suspected to have committed a criminal offence in the financial services sector in accordance with the provisions of the laws of the law;
i. ask for the help of another law enforcement apparatus;
J. requesting information from banks on the financial circumstances of the party suspected of conducting or engaging in breach of the laws in the financial services sector;
No, blocking accounts on banks or other financial institutions of the parties suspected of committing or engaging in criminal acts in the financial services sector;
I. ask for expert assistance in order to perform criminal investigation duties in the financial services sector; and
M. It says when it starts and it's a matter of investigation.
Section 50
(1) Civil Servant Investigators as referred to in Article 49 convey the results of the investigation to the Prosecutor for the prosecution.
(2) The Prosecutor (s) follow up and decide on the follow up of the investigation according to his authority over 90 (ninety) days from the time he received the results of the inquiry as contemplated in verse (1).
Section 51
(1) The Civil Servant Investigator Employed in OJK can only be withdrawn at the shortest notice of 6 (six) months before the withdrawal and is not addressing the case.
(2) Civil Servants Investigators are required to cooperate with the related agencies.
BAB XII
CRIMINAL PROVISIONS
Section 52
(1) Any person who violates the provisions of Article 33 of the paragraph (1), paragraph (2), and/or verse (3), is convicted of a prison criminal of at least 6 (six) years and the criminal fines of the most Rp15,000.000.00 (fifteen billion rupiah).
(2) If the breach of the provisions of Article 33 of the paragraph (2) and/or the paragraph (3) is carried out by the corporation, it is convicted of a criminal fine of the most Rp45,000.000.00 (forty-five billion rupiah) and/or the amount of loss inflicted by the corporation. Due to the breach.
Section 53
(1) Any person who intentionally ignores, does not meet, or hinder the exercise of OJK's authority as referred to in Article 9 of the letter c, the letter d, the letter e, the letter f, the letter g, and/or Article 30 of the paragraph (1) letter a, is penalised with a criminal The shortest prison is two (two) years and the penal penalty is at least the most Rp5,000.000.00 (five billion rupiah) or the penultimate prison criminal 6 (six) years and criminal fines of the most Rp15,000.000.00 (fifteen billion rupiah).
(2) If the breach as referred to in paragraph (1) is carried out by the corporation, it is charged with a criminal fine of at least Rp15,000.000.00 (fifteen billion rupiah) or at most Rp45.000.000.00 (forty-five billion rupiah).
Section 54
(1) Any person who intentionally ignores and/or does not carry out the written order as referred to in Article 9 of the letter d or the task of using the statute of Commuting as referred to in Article 9 of the letter f, is penalised with a criminal The shortest prison is two (two) years and the penal penalty is at least the most Rp5,000.000.00 (five billion rupiah) or the penultimate prison criminal 6 (six) years and criminal fines of the most Rp15,000.000.00 (fifteen billion rupiah).
(2) If the breach referred to in paragraph (1) is carried out by the corporation, the corporation is charged with a criminal fine of at least Rp15,000.000.00 (fifteen billion rupiah) or at most Rp45,000.000.00 (forty-five billion rupiah).
BAB XIII
THE TRANSITION PROVISION
Section 55
(1) Since December 31, 2012, the function, duties, and authority of regulatory arrangements and supervision of financial services activities in the Market Capital, Perinsurance, Pension, Financing Agency, and Other Financial Services Institutions are switching from the Finance Minister and Supervising Agency of Capital Markets and Financial Instituts to OJK.
(2) Since December 31, 2013, the function, task, and authority of the regulatory arrangements and supervision of financial services activities in the Banking sector switched from Bank Indonesia to OJK.
Section 56
(1) At most 8 (eight) months since the Act is promultable, the President appoints and sets the members of the Commissioners ' Council for the first time with an arrangement as referred to in Article 10 of the paragraph (4) in accordance with the rules as set forth in the section below. in Article 11 of the paragraph (1), paragraph (3) to the paragraph (9), Article 12 of the paragraph (1) to the paragraph (3) and paragraph (6), Section 13, and Section 14.
(2) The Member of the Board of Commissioners as referred to in paragraph (1) is appointed for a term of 5 (five) years.
(3) At most 60 (sixty) days since the Act is promulred, the President forms the Selection Committee for the candidate of the Board of Commissioners for the first time with membership as referred to in Article 11 of the paragraph (3).
(4) The House of Representatives elees a candidate for the Council of Commissioners in accordance with the number of Commissioners required, at least 30 (thirty) days since the receipt of the names of potential members of the Council of Commissioners of the President.
(5) The candidate of the Board of Commissioners is elected to the President of the House of Representatives to the President at least 7 (seven) days since the completion of the election process of the Speaker of the Commissioners as referred to in verse (4).
Section 57
(1) Since the Act is promulred until the commissioning of the Board of Commissioners as referred to in Article 56 of the paragraph (1), the Ministry of Finance assisted by the Bank of Indonesia prepares:
a. organization ' s structure, principal tasks and functions, building up infrastructure and information technology, human resources systems, and operational procedure standards;
B. work and budget plans for the 2013 budget year;
c. OJK officials and employees;
D. officials and organ employees supporting the Board of Commissioners; and
e. Other matters are necessary in the framework of the assignment of functions, duties, and regulatory authority and supervision of financial services activities in the financial services sector of the Bank of Indonesia, the Finance Minister, and the Modal Market Supervising Board and the Financial Instituts to OJK.
(2) The Ministry of Finance convees the results of the preparation as referred to in paragraph (1) to the OJK Commissioners Council to be specified.
Section 58.
At most 7 (seven) months since the Act is promulgates, the Governor of the Bank of Indonesia and the Minister of Finance each propose a prospective member of the Board of Commissioners
Ex-officio Bank Indonesia as referred to as Article 10 of the paragraph (4) of the letter h and
Ex-officio The Ministry of Finance as referred to Article 10 paragraph (4) of the letter i to the President to be appointed and set as a member of the Board of Commissioners.
Section 59
Since the appointment of a member of the Board of Commissioners as referred to in Article 56 of the paragraph (1) to the return of the function, duty, and authority as referred to in Article 55, the Council of Commissioners is in charge:
a. establish organizational structures, principal tasks and functions, design building infrastructure and information technology, human resources systems, and operational procedure standards;
B. establish OJK ' s work plan and budget year of 2013 budget;
c. Lift OJK officials and employees;
D. raised officials and organ employees of the Commissioners ' Council; and
e. establish other necessary matters in the framework of the assignment of functions, duties, and regulatory authority and supervision of financial services activities in the financial services sector of the Bank of Indonesia, the Finance Minister, and the Modal Market Supervising Board and the Financial Instituts to OJK.
Section 60
(1) Most lasting 1 (one) months since the appointment of the Board of Commissioners as referred to in Article 56 of the paragraph (1), the Council of Commissioners form a transitional team after coordinating with the Minister of Finance and the Governor of the Bank of Indonesia.
(2) The Minister of Finance and the Governor of the Bank of Indonesia shall propose to the Council of Commissioners of the people who are members of the longest transition team 14 (fourteen) days since the receipt of a member's request of the transition team from the Commissioners ' Council.
(3) The Board of Commissioners assign members of the transition team based on the proposal of the Minister of Finance and the Governor
Section 61
(1) The transition team as referred to in Article 60 of the paragraph (1) is in charge of assisting the agility of the execution of the Board of Commissioners as referred to in Article 59.
(2) In carrying out its duties, the transition team is authorized to identify and verify the wealth, infrastructure, information, documents and other matters related to the arrangement and supervision of the Financial Services Institution and prepare for the diversion Use it to OJK.
(3) The transition team is required to report the agility of the exercise of duty and authority as referred to in paragraph (1) and verse (2) to the Minister of Finance, the Governor of the Bank of Indonesia, and the Chairman of the Council of the OJK Commissioners.
(4) Minister of Finance, Governor of the Bank of Indonesia, transition team, or officials and employees at the Ministry of Finance and Bank of Indonesia related to the function, duties, and authority of the settings and supervision of the Financial Services Agency, is required to assist the agility The commissioning of the Board of Commissioners as referred to in
(5) The Governor of the Bank of Indonesia, the Minister of Finance, and/or the Chairman of the Board of the OJK Commissioners report the development of the process of diversion of functions, duties, and authority of the Bank of Indonesia, the Ministry of Finance, and the Capital Market Supervising Board and the Financial Institu OJK is at least one (one) time in 3 (three) months to the People's Representative Council.
Section 62.
At most two (two) months since the appointment of the Board of Commissioners as referred to in Article 56 of the paragraph (1), the Council of Commissioners establishes the organizational structure, principal tasks and functions, standard of operational procedures, and the design of the infrastructure. OJK.
Section 63
(1) At least 3 (3) months prior to the return of the function, duty and authority as referred to in Article 55, the Chairman of the Board of Commissioners delivered a request in writing of the proposal of the official name and the employee to the Governor of the Bank of Indonesia and Finance Minister who will be diverted or employed to OJK.
(2) At least 2 (two) months prior to the terms of the function, duty and authority as referred to in Article 55, the Governor of the Bank of Indonesia and the Minister of Finance are required to propose the names of the officials and employees of the Bank of Indonesia and the Ministry of Finance, accordingly. with the request of Chairman of the Board of Commissioners, to be diverted or employed to OJK
(3) To meet the needs of OJK, in addition to officials and employees as referred to by paragraph (2), the Council of Commissioners conducts recruitment of officials and employees openly.
(4) At least 1 (one) months prior to the return of the function, duties and authority as referred to in Article 55, the Council of Commissioners assign officers and employees the OJK received.
Section 64
(1) The count of the following functions, duties, and authority referred to in Article 55:
a. officials and/or employees of the Modal Market Supervising Agency and Financial Instituts; and
B. the official and/or employees of the Bank of Indonesia who carry out the functions, duties, and authority of setting up and supervision in the Banking sector,
as referred to in Article 63 of the paragraph (4) is diverted to be employed on OJK.
(2) Officials and/or employees who are transferred to be employed as referred to in paragraph (1) are required to work in OJK for the shortest period of time:
a. 1 (one) year for officials and/or employees who are from the Modal Market Supervising Board and the Financial Instituts; and
B. 3 (three) years for officials and/or employees who are from the Bank of Indonesia.
(3) Officials and/or employees as referred to in paragraph (2) are required to establish a status option as an officer and/or an OJK employee or:
a. as an officer and/or employee of the Ministry of Finance, at least 3 (three) months since the event of the function, duty, and authority as referred to in Article 55, for the official and/or employee of the Modal Market Supervising Board and the Institution. Finance; and
B. as an official and/or an employee of the Bank of Indonesia, at least two (two) years since the end of the function, duty, and authority as referred to in Article 55, for officials and/or employees who are from the Bank of Indonesia.
(4) Officials and/or employees as referred to in paragraph (1) and OJK officials and/or employees as referred to in paragraph (3) granted the right in accordance with the OJK provisions by not diminuting the rights of the officials and/or employees of the OJK before and during the diversion.
Section 65
(1) The count of the following functions, duties, and authority referred to in Article 55:
a. The wealth and documents owned and/or used by the Bank of Indonesia in order to perform the functions, duties, and authority of setting up and supervision in the Banking sector; and
B. the wealth of the country and its documents owned and/or the use of the Ministry of Finance and the Supervising Board of the Capital Market and the Financial Institutions in order to exercise the functions, duties, and authority of arrangements and supervision in the Capital Market, Perinsurance, Pension Funds, Financing agencies, and Other Financial Services Instituts,
can be used by OJK.
(2) The use of wealth, the wealth of the country, and the document as referred to in paragraph (1) are defined by the joint decision or decision of the Minister of Finance, the Governor of the Bank of Indonesia, and the Chairman of the Board of Commissioners set at least 1 (one) months prior to the purpose of the function, duty, and authority as referred to in Article 55.
Section 66
(1) Since this Act is promulcaged up to the following functions, duties, and authority as referred to in Article 55:
a. Bank Indonesia continues to carry out functions, duties, and regulatory authority and supervision of financial services activities in the Banking sector; and
B. The Finance Minister and the Supervising Board of Capital Market and Financial Institutions continue to carry out functions, duties, and regulatory authority and supervision of financial services activities in the Capital Market, Perinsurance, Pension Fund, Financing agencies, and Services Institutions. Other Finance.
(2) The Bank of Indonesia, the Finance Minister, and the Modal Market Supervising Board and the Financial Instituts address the report on the execution of functions, duties and authority as referred to in paragraph (1), to OJK.
(3) The financing of which is related to the execution of the function, duty, and authority as referred to in paragraph (1), sourced from:
a. Bank Indonesia for the implementation of functions, duties, and regulatory and regulatory compliance and oversight in the Banking sector; and
B. Finance and State Shopping Budget for the implementation of functions, duties, and regulatory and regulatory authority in the Capital Market, Perinsurance, Pension Fund, Financing Agency, and Other Financial Services Institutions.
(4) The financing of the OJK's work plan and budget since the Act is promulred until the terms of the function, duties and regulatory authority and supervision of the financial services sector to OJK as referred to in Article 55, sourced from the budget. Supervising Agency of the Capital Markets and Financial Instituts of the Ministry of Finance and/or Bank of Indonesia.
Section 67
(1) The decision regarding granting of business permission, individual permission, effective registration statement, registered letter, approval of business activities, attestations, and approval or termination of dissolution, and any decision that has been made. set by the Bank of Indonesia, the Ministry of Finance, and the Supervising Board of the Capital Market and the Financial Instituts under the laws of the financial services sector prior to the functioning of the function, duty, and authority as referred to in Article 55, is declared to be valid.
(2) Request permission, individual permission, registration statement, registered letter, consent to conduct business activities, assent, and approval or dissolution, as well as the other application in the process of using the IBM Cloud Service. the completion of the Bank of Indonesia, the Ministry of Finance, and the Supervising Board of the Capital Market and the Financial Instituts under the laws of the financial services sector, since the use of the function, duty, and authority as referred to in Article 55, Completion is continued by OJK.
Section 68
Since the use of the function, task, and authority as referred to in Article 55, the examination and/or inquiry is being conducted by the Bank of Indonesia, the Ministry of Finance and the Supervising Board of the Capital Market and the Financial Instituts, its completion continued by OJK.
BAB XIV
CLOSING PROVISIONS
Section 69
(1) The functions, duties, and authority of the Bank of Indonesia as referred to in:
a. Article 8 of the letter c, Section 24, Section 25, Section 26, Section 27, Section 28, Section 28, Section 29, Section 30, Section 31, Section 31, Section 32, and Section 33 of the Law No. 23 of 1999 on the Bank of Indonesia as amended last by Act No. 6 2009 on Establishing Regulatory Government Ordinance Number 2 Year 2008 on Second Change of Law No. 23 Year 1999 on Bank Indonesia into Act (State Gazette of the Republic of Indonesia Year 2009 Number 7, Addition Of State Sheet Republic Indonesia Number 4962);
B. Section 6, Section 8, Section 11, Section 12, Section 13, Article 16, Section 18, Section 19, Section 20, Section 28, Section 28, Section 28, Section 31, Section 31, Section 31, Section 31, Section 31, Section 34, Article 33, Section 35, Section 35, Section 36, Section 36, Section 36, Section 36, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 38, Section 41, 41A, Section 42, Section 44, Section 52, and Section 53 of the Law Number 7 of 1992 on Banking as amended by Law No. 10 of 1998 on Changes to the Law Number 7 of 1992 on Banking (State Sheet) Republic Of Indonesia In 1998 Number 182, Addition Of State Sheet Republic Of Indonesia Number 3790);
C. Section 1, Section 5, Section 6, Section 8, Section 9, Section 11, Section 11, Section 16, Section 17, Section 20, Section 21, Section 21, Section 28, Section 28, Article 28, Article 30, Article 30, Section 31, Section 31, Section 32, Article 33, Article 35, Article 35, Article 35, Article 37, Article 38, Section 38, Section 38, Article 40, Section 40, Article 40, Section 40, Section 40, Section 40, Section 40, Section 40, Section 40, Section 40, Section 40 Article 42, Section 43, Article 46, Article 50, Article 51, Article 52, Article 53, Article 54, Article 56, Article 56, Article 57, and Article 58 of the Law No. 21 of 2008 on Sharia Banking (State Sheet of the Republic of Indonesia 2008 number 94, additional sheet of state Republic of Indonesia No. 4867);
Switch to the function, task, and authority of the OJK since the use of the function, task, and authority as referred to in Article 55 of the paragraph (2).
(2) With the exception of the function, task, and authority referred to in Section 55 of the paragraph (2), the Banking Supervising Institute as referred to in the Law Number 24 of 2004 on the Savings Institution (the State Sheet of the Republic of Indonesia) 2004 Number 96, Additional Gazette Republic of Indonesia Number 4420) as amended by Law Number 7 Year 2009 on Establishing Government Regulation Replacement Rule Number 3 Year 2008 on Changes to the Act 2004 The Number 24 on the Institute of Guaranteed Looks Became An Act (The Gazette of the Republic of Indonesia in 2009 Number 8, Additional Gazette of the Republic of Indonesia Number 4963), is OJK.
(3) Since the Act is promulcaded, the function, duty, and authority of the Coordination Committee as referred to in Law No. 24 of 2004 on the Savings Institution (the State Sheet of the Republic of Indonesia of 2004 Number 96, Additional List of State of the Republic of Indonesia No. 4420) as amended by Law No. 7 of 2009 on Establishing Government Regulation Of Successor Law Number 3 Year 2008 on Changes to the 2004 Act Number 24 on The Guarantor Institutions Are The Laws Of The Republic Of Indonesia. 2009 Number 8, Addition Of State Sheet Republic Indonesia No. 4963), implemented by the Forum of Coordinating Stability of the Financial System as referred to in this Act.
(4) The provisions of coordination protocol as referred to in Article 44, Article 45, and Article 46 apply until the promulgations of the financial system's safety net.
Section 70
At the time the Act came into force:
1. Act No. 2 of 1992 on the Perinsurance (Sheet Of State Of The Republic Of Indonesia 1992 Number 13, Additional Gazette of the Republic of Indonesia No. 3467) and its implementation rules;
2. Law No. 7 of 1992 on Banking (State Sheet of the Republic of Indonesia Year 1992 Number 31, Additional Gazette Republic of Indonesia No. 3472) as amended by Law No. 10 of 1998 on Change Under the Law of 1992 Number 7 on Banking (State Sheet of Indonesia 1998 number 182, Additional Gazette Republic of Indonesia Number 3790) and its implementation rules;
3. Act No. 11 of 1992 on the Pension Fund (State Sheet of the Republic of Indonesia in 1992 No. 37, Additional Gazette of the Republic of Indonesia Number 3477) and its implementation rules;
4. Act No. 8 of 1995 on Capital Markets (sheet of State of the Republic of Indonesia in 1995 number 64, additional sheet of state of the Republic of Indonesia No. 3608) and its implementation rules;
5. Law No. 23 Year 1999 on Bank Indonesia as amended last with Act Number 6 of 2009 on Establishing Government Regulation Replacement Rule Number 2 Year 2008 on Second Change Under Law No. 23 of 1999 on Bank Indonesia became an Act (State Sheet of the Republic of Indonesia 2009 No. 7, Additional Gazette of the Republic of Indonesia No. 4962) and its implementation rules;
6. Law No. 21 of 2008 on Sharia Banking (State of the Republic of Indonesia 2008 Number 94, Additional Gazette Republic of Indonesia Number 4867) and its implementation rules; and
7. Other laws in the financial services sector,
declared to remain in effect as long as not contradictory and has not been replaced under this Act.
Section 71
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
Passed in Jakarta
on November 22, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on November 22, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
.
