The Regulation Of Bank Indonesia No. 12/5/pbi/2010 2010

Original Language Title: Peraturan Bank Indonesia Nomor 12/5/PBI/2010 Tahun 2010

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f89f9bf20b31c313232323032.html

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Back COUNTRY SHEET Republic of INDONESIA No. 49, 2010 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5199) BANK INDONESIA REGULATION number: 12/5/PBI/2010 ABOUT CHANGES to the BANK INDONESIA REGULATION number 7/2/PBI/2005 REGARDING NATIONAL CLEARING SYSTEM of the BANK INDONESIA with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA, Considering: a. that to support the smooth running and efficiency of the payments system need to be done the refinement mechanism of the Organization of the debit clearing in Indonesia National Bank Clearing System;
b. that based on considerations as referred to in letter a, need to make changes to the regulation of Bank Indonesia number 7/2/PBI/2005 regarding National Clearing System of the Bank Indonesia;
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 last amended by Act No. 6 of 2009 about the determination of the Replacement Government Regulations Act No. 2 of 2008 about the second amendment in the Law Number 23 of 1999 on Bank Indonesia into law (State Gazette in 2009 Indonesia number 7 Additional Sheets, the Republic of Indonesia Number 4962);
3. Act No. 21 of 2008 about Islamic banking (State Gazette of the Republic of Indonesia Year 2008 Number 94, an additional Sheet of the Republic of Indonesia Number 4867);
Decide: define: BANK INDONESIA REGULATION CONCERNING CHANGES to BANK INDONESIA REGULATION number 7/2/PBI/2005 REGARDING NATIONAL CLEARING SYSTEM of the BANK INDONESIA.
Article I a few provisions in the regulation of Bank Indonesia No. 7/2/PBI/2005 Regarding National Clearing System of the Bank Indonesia (the State Gazette of the Republic of Indonesia Number 65 in 2005, an additional Sheet of the Republic of Indonesia Number 4516) is amended as follows: 1. The provision of article 1 4 amended to read as follows: article 1 4. Clearing is the electronic exchange of financial data and/or the clearance between good clearance on behalf of participants or on behalf of the customer that the calculations completed in a certain time.
2. The provisions of article 13 paragraph (2) are amended so that Article 13 reads as follows: article 13 (1) Finishing on conducting Clearing debit and Credit Clearing is done by PKN based on multilateral net basis calculation results.
(2) the final Settlement referred to in subsection (1) is carried out based on the principle of renewal of debt (novasi) having regard to the adequacy of funding of participants.
(3) the final Settlement referred to in subsection (1) is final and cannot be cancelled.
(4) the final Settlement referred to in subsection (1) is carried out based on the principle of same day settlement.

3. The provisions of article 18 amended to read as follows: article 18 (1) Debit Clearing Calculation is done on the basis of DKE Debits received by STREET VENDORS and supported by funding initial (prefund) participants of the recipient.
(2) In the event of a DKE Debit that is not supported by funding initial (prefund) enough on recipient Attendee schedule of organizing Clearing a STREET VENDORS, then STREET VENDORS do not take into account some or all of DKE Debit recipient Participants in Clearing the area in question.
(3) the STREET VENDORS do not take into account some or all Debit recipient Attendee DKE is not supported with initial funding (prefund) as referred to in paragraph (2) based on information from the PKN.
(4) in the event of a DKE who were not taken into account in the final settlement referred to in paragraph (2), then the Debit of the DKE Clearance must be resolved between the Participants and attendees of the recipient of the sender.
(5) the provisions regarding Debit Clearing calculations based on the DKE Debit as intended in paragraph (1) until subsection (4) is set with the Bank Indonesia circular letter.

4. Article 11 paragraph (1) is amended so that Section 23 reads as follows: article 23 (1) PKN provides information on the potential liability of the respective Banks nationwide to be met with initial funding (prefund) by banks in clearing the surrender on schedule Clearing of submission on each Territory Clearing.
(2) in terms of potential liability referred to in subsection (1) is greater than the total initial funding (prefund) Bank as referred to in article 10 paragraph (1), then the Bank should increase the initial funding shortfall (prefund) in the form of cash (cash prefund) and/or collateral (collateral prefund) up to the time limit on the schedule of clearing in the respective territories of the Clearing.
(3) the provisions concerning the mechanisms and the setting of a time limit the addition of initial funding (prefund) as referred to in paragraph (2) is set with the Bank Indonesia circular letter.
5. The provisions of article 24 paragraph (2) letter d and article 24 paragraph (4) is deleted, so that section 24 reads as follows: article 24 (1) Finishing up the calculation result nationwide Debit Clearing is carried out according to the schedule set by Bank Indonesia.
(2) the obligation of the Bank in the final settlement of nationwide Debit Clearing referred to in subsection (1) are met from funding sources by priority of use as follows: a. cash (cash prefund) provided by the Bank until the expiry of the time limit addition of initial funding (prefund) as referred to in article 11 paragraph (2); b. funds available at the Bank's checking account at Bank Indonesia.
c. Collateral (collateral prefund) available on account of collateral FLI-Clearing or Clearing FLIS-collateral account provided by the Bank up to the expiry of the time limit addition of initial funding (prefund) as referred to in article 11 paragraph (2); d. deleted (3) mechanism of the use and completion of the collateral referred to in paragraph (2) Letter c is done in accordance with the provisions of Bank Indonesia liquidity facilities governing intrahari for public and Bank liquidity facilities intrahari for banks that carry out its business activities based on sharia principles. (4) deleted.
(5) the provision of more about the mechanism of settlement of top-end Debit Clearing calculation result set with circular letter of Bank Indonesia.
6. Between Article 88 and article 89 pasted one article, namely Article 88A, to read as follows: article 88A (1) Organizers and local Clearing participants can agree on the establishment of a forum that aims to regulate things that are technically a written plan by reporting the establishment of such a forum to Bank Indonesia.
(2) Rules issued by the forum as referred to in paragraph (1) be consulted in advance to Bank Indonesia and must not be contrary to the rules and policies of the Bank Indonesia.
(3) the organizers of local clearance member and participant in the forum referred to in subsection (1) must follow the rules and subject have been issued and became deal forums or the institution.
Article II of the regulation of Bank Indonesia this came into force on April 30, 2010.

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

Established in Jakarta on March 12, 2010 caretaker GOVERNOR of BANK INDONESIA DARMIN NASUTION, Enacted in Jakarta on 12 March 2010 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();