Local Regulations No. 8 Of 2009

Original Language Title: Peraturan Daerah Nomor 8 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e452bd873d8890a57d313634343239.html

APPLICABLE LOCAL REGULATORY REGIONS of TASIKMALAYA TOWN of TASIKMALAYA number 8 in 2009 ABOUT the FOUNDING of the PEOPLE'S BANK FINANCING of Shari'ah (BPRS) and the GRACE of GOD ALMIGHTY the MAYOR of TASIKMALAYA, Considering: a. that in order to encourage economic growth and boost the Tasikmalaya City service to the community as well as one of the original sources of income need to be viewed form the area/setting up a business entity in the field of banking; b. that in accordance with the vision and mission of Tasikmalaya business entity formation in banking as referred to in letter a, done on the basis of the principles of Shari'ah; c. that based on considerations as referred to in letter a and letter b, need to establish local regulations Establishment of Tasikmalaya Bank Financing people of Shari'ah (BPRS); Remember: 1. Act No. 7 of 1992 about banking (State Gazette Number 31 in 1992, an additional Sheet country number 3472) as amended by Act No. 10 of 1998 (State Gazette Number 182 of 1998, an additional Sheet country number 3790); 2. Act No. 10 of 2001 on the establishment of the town of Tasikmalaya (State Gazette Number 90 in 2001, additional State Gazette Number 4117); 3. Act No. 10 of 2004 concerning the formation of Legislation (State Gazette of the Republic of Indonesia Number 53 in 2004, an additional Sheet of the Republic of Indonesia Number 4389); 4. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), as it has twice changed with Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia-1-http://bphn.go.id/of the year 2008 the number 59, an additional Sheet of the Republic of Indonesia Number 4844); 5. Act No. 40 year 2007 on limited liability company (State Gazette of the Republic of Indonesia Number 106 in 2007, an additional Sheet of the Republic of Indonesia Number 4756); 6. Act No. 21 of 2008 concerning Shariah Banking (Gazette of the Republic of Indonesia Number 94 Additional sheets of the Republic of Indonesia Number 4867); 7. Government Regulation Number 79 in 2005 about Coaching Guidelines and supervision of the Organization of the Government (State Gazette of the Republic of Indonesia Number 165 in 2005, an additional Sheet of the Republic of Indonesia Number 4593); 8. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 9. Bank Indonesia Regulation number 8/25/PBI/2006 regarding changes to the top of the Bank Indonesia Regulation number 6/5/PBI/2004 About BPR based on sharia principles (Gazette of the Republic of Indonesia Number 82 in 2006); 10. Bank Indonesia Regulation number 11/23/PBI/2009 on Bank Financing of Islamic People; 11. Regulation of the Minister of Home Affairs number 22 in 2006 about the management of the Bank Of the people belonging to the local government; 12. Rule number 3 Tasikmalaya City Area in 2008 about the Affairs of Governance Into the authority of the Government of the city of Tasikmalaya (Tasikmalaya Regional Gazette in 2008 Number 83); 13. Regulation No. 8 of Tasikmalaya City Area in 2008 on the establishment of the Organization the device region (the regional Gazette Tasikmalaya in 2008 Number 92); Together With The Approval Of The HOUSE Of REPRESENTATIVES And Mayor Of TASIKMALAYA CITY AREA TASIKMALAYA DECIDED: Setting: LOCAL REGULATIONS ABOUT The FOUNDING Of The PEOPLE'S BANK FINANCING Of Shari'ah (BPRS). -2-http://bphn.go.id/CHAPTER I GENERAL PROVISIONS article 1 In this Area Regulations is: 1. The area is the town of Tasikmalaya. 2. Local Government is the Mayor and the Region as organizer of local governance. 3. The Mayor is the Mayor of Tasikmalaya. 4. The House of representatives next abbreviated areas of PARLIAMENT is the House of representatives of the regional town of Tasikmalaya. 5. Bank Financing people of Shariah that hereafter BPRS is a Government-owned enterprise, the capital town of Tasikmalaya either whole or in part constitutes the wealth of the area are separated. 6. Limited liability company hereinafter referred to as the company is a legal entity which is a capital Alliance, established by the Treaty, conduct business activities with a capital base that is entirely divided into stock and meet the requirements. 7. General meeting of shareholders, the GENERAL MEETING OF SHAREHOLDERS, is hereinafter referred to as the company's organ has the authority which is not given to the Board of directors or the Board of Commissioners or Shari'ah Supervisory Board within the limits specified in the statutes of the company. 8. the Shariah Supervisory Board is the Board that is conducting surveillance against Shariah principles in business activities. 9. The Board of Commissioners is the organ of the company in charge of conducting surveillance in General and/or specialized according to the articles of association as well as providing advice to the Board of Directors. 10. The Board of Directors is the organ of the company which are authorized and are fully responsible for the management of the company for the benefit of the company, according to the intents and purposes of the company and represent the company, both inside and outside the Court in accordance with the provisions of the articles of Association. CHAPTER II SCOPE article 2 the scope of the Regulations in this Area include all activities in order handling in finance/banking as a business entity owned the area that runs its business activities in accordance to principles of Shari'ah, which consists of: a. the formation; b. purpose and Objectives; c. the basis and function; d. place and Position; -3-http://bphn.go.id/e. Capital and Shares; f. business activities; g. Organization; h. Dissolution. CHAPTER III the ESTABLISHMENT of article 3 (1) and Rule this area formed the Bank Financing the people of Shari'ah. (2) the form of the legal entity of the Bank Financing the people of Shari'ah is a limited liability company. (3) the Mayor immediately made a deed of Establishment of the Notarial regulations this area of LEGISLATIVE approval. CHAPTER IV AIMS and PURPOSE of article 4 (1) was founded with the intention of BPRS to help and encourage the growth of people's economy, expanding employment, both directly and indirectly and as one of the original area as well as a source of income as one of the bank's regional cash Manager. (2) the BPRS aims to make it easier to access the community against banking transactions with the principles of Shari'ah. Chapter V the BASIS and FUNCTION of article 5 (1) in conducting its business activities BPRS is based on the principles of Shari'ah, economic democracy and the principle of prudence. (2) the functions of the BPRS is running a function gathers and distributes Community Fund and run social functions in the form of institution of Islamic Treasury, that receive funds originating from zakat, alms infak, grants, or other social funds and channel it to the Organization Manager zakat; CHAPTER VI of the PLACE and the POSITION of article 6 (1) located in the town of Tasikmalaya BPRS. (2) the BPRS can open Office inside and outside the town of Tasikmalaya. -4-http://bphn.go.id/CHAPTER VII CAPITAL STOCK and article 7 (1) the basic Capital BPRS set at Rp 8,000,000,000.0.-(eight billion dollars). (2) for the first time paid in capital amounting to Rp BPRS. 2,000,000,000.0-(two billion dollars), a minimum of 30% of the paid-in capital is estimated at the GRANT BUDGET fiscal year 2009 and the rest was budgeted in fiscal year 2010 GRANT. (3) authorized capital as mentioned in subsection (1) is satisfied by compulsory capital regional Government gradually in accordance with the financial capability of the region. Article 8 (1) increase paid in capital as referred to article 7 paragraph (1) to satisfy the basic capital set by decision of the GENERAL MEETING OF SHAREHOLDERS. (2) change the basic capital as referred to article 7 paragraph (1) may be made in authorized capital, he changes the basic capital defined by the GMS. Article 9 (1) stocks stocks comprise BPRS priority which is owned by the City Government of Tasikmalaya and common stock that are owned by third parties. (2) the largest portion of shares owned by the Government of BPRS Tasikmalaya. CHAPTER VIII BUSINESS ACTIVITIES article 10 BPRS organized efforts based on the principle of Shariah include: a. Gather funds from society in the form of deposits; b. do the channeling of funds; c. cooperation with the banking institutions or other financial institutions; d. other activities Do not conflict with the Shari'a Banking legislation; -5-http://bphn.go.id/CHAPTER IX ORGANIZATION of article 11 (1) Organization of BPRS consists of: a. the general meeting of shareholders (GMS); b. Supervisory Board Sharia; c. the Board of Directors; and d. the Board of Commissioners. (3) basic tasks and functions as well as organizational details will be arranged later in the BPRS Statutes. CHAPTER X, article 12 DISSOLUTION of the BPRS can be dispersed based on GMS and the approval of PARLIAMENT. CHAPTER XI CLOSING PROVISIONS Article 13 of the regulation of this area comes into force on the date of promulgation. So that everyone can know it, ordered the Enactment of regulations in this Area with its placement in Tasikmalaya City Area of the sheet. Set in Tasikmalaya on August 24, 2009 the MAYOR of TASIKMALAYA, Ttd. H. SYARIF HIDAYAT of the promulgation in Tasikmalaya on August 25, 2009, SECRETARY of the REGIONAL CITY of TASIKMALAYA, Ttd. H. TIO SENSES SETIADI TASIKMALAYA REGIONAL GAZETTE in 2009 NUMBER 106-6-http://bphn.go.id/