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The Regulation Of Bank Indonesia No. 10/16/pbi/2008 Year 2008

Original Language Title: Peraturan Bank Indonesia Nomor 10/16/PBI/2008 Tahun 2008

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No. 4896 (explanation Of State Sheet 2008 Number 136)

EXPLANATION
Above
BANK INDONESIA RULES
NUMBER 10 /16/PBI/2008
ABOUT
CHANGES TO INDONESIA ' S BANK REGULATIONS NUMBER 9/19/PBI/2007 ABOUT
IMPLEMENTATION OF THE SHARIA PRINCIPLE IN THE FUND-SETTING ACTIVITIES
AND THE DISTRIBUTION OF FUNDS AS WELL AS THE SERVICES OF SHARIA BANK SERVICES

I. UMUM

Sharia banking in Indonesia is born to meet the needs of people who want the service of sharia banking services as an alternative to the conventional banking services. Syariah banking is one of the subsystems in Indonesia's banking system that adheres to the " dual banking system. Therefore, the entire business and operational activities of sharia banking are part of the national banking services, and each subsystem is expected to be able to support each other's banking system as a whole.

II. SECTION BY SECTION

Section I
.,, Figure 1
.,, Section 1
.,, is pretty clear.

Number 2
.,, Section 2
.,, Verse (1)
.,, pretty clear
Verse (2)
., clear enough.
Verse (3)
.,, referred to:
"'Adl" is to place something only in its place, and give something only to the right as well as treat something in its position.
"Tawazun" is the balance that Material and spiritual aspects, private and public aspects, the financial and the real, business and social sectors, and the balance of the aspect of utilization and sustainability.
"Maslahah" is all forms of worldly goodness and that of the world. ukhrawi, material and spiritual as well as individual and collective as well as must meet 3 (three) The element is sharia compliance (halal), rewarding and carrying the good (thoyib) in all aspects as a whole that does not provoke harm.
"Alamiyah" is something that can be done and accepted by, with and for all interested parties (stakeholders) without distingueking the tribe, religion, race and group, in accordance with the spirit of the observable universe (rahmatan lil alamin).
"Gharar" is the transaction that the object is not clear, not owned, unknown to its existence, nor can it be submitted At the time the transaction is performed unless otherwise regulated in the sharia.
"Maysir", i.e., the transaction is held to an uncertain and fortunate circumstance;
"Riba", is the addition of the unauthorised income (bathil) among others in exchange transactions of non-quality, quantity, and handover time (fadhl), or in lending transactions that require a recipient's customer. the facility returns the funds received beyond the subject of the loan due to the time (nasiah).
"Zalim", is a transaction that raises injustice to the other party.
"Haram object", is an item or service that is forbidden in sharia.

Figure 3
., Section 5
.,, pretty clear

Section II
.,, pretty clear.
is made up of the General Bank of Sharia and the Bank of Financing People as referred to in Law No. 21 of 2008 on Banking. Sharia.
., 3. The General Bank of Sharia is the Sharia Bank in its activities providing services in exchange traffic as referred to in Law No. 21 of the Year 2008 on Sharia Banking.
., 4. The Syariah People's Bank of Financing is the Syariah Bank which in its activities does not provide services in exchange traffic as referred to in Law No. 21 of the Year 2008 on Sharia Banking.
. .5. Sharia Business Unit, subsequently called UUS, is a working unit of the central office of the Conventional Public Bank which serves as the parent office of an office or unit that carries out efforts based on the Shariah principle, or a working unit in the office. branch of a Overseas Bank carrying out conventional business activities which serves as the parent office of the office of sharia auxiliary branch and/or sharia unit as referred to in Act No. 21 2008 on Sharia Banking.
., 6. The Sharia principle is the principle of Islamic law in banking activities based on a fatwa issued by an institution that has the authority in the designation of a fatwa in the field of Sharia as referred to in Law No. 21 of the Year 2008. Sharia Banking.
., 7. Akad is a written agreement between the Sharia Bank or the UUS and other parties that contain the rights and obligations of each party in accordance with the Sharia Principles as referred to in Law No. 21 of 2008 on Banking Sharia.
., 8. The financing is the provision of funds or bills that are equated with it:
., a., a. transaction for results in the form mudharabah and musyarakah;
., b. -lease transactions in ijarah or lease purchase in form a bittamlic muntahiya form;
.,, c. sell-sell transactions in the form of debt murabahah, greetings, and istishna ';
D. borrow transactions to borrow in the form of a debt qardh; and
., e. Transaction-hire services in a license agreement for multi-service transactions under agreement or agreement between the Syariah Bank and/or other parties that require the party to be financed and/or given a fund facility for the IBM Cloud Service. Return the funds after a certain period of time in return for , without reward, or for results as referred to in Law No. 21 of 2008 on Sharia Banking. "

2. The provisions of Article 2 are amended so that it reads as follows:
.,,
" Section 2
.,, (1) The activities of the fund-raising efforts, the distribution of funds and services of bank services based on the Syariah Principles conducted by the Bank constitutes banking services.
.,, (2) In carrying out banking services through the activities of fund decoding, fund-raising and bank service services, the Bank is required to meet the Syariah Principles.
.,, (3) The fulfilment of the Sharia principle as referred to in verse (2) is exercised by fulfilling the subject of the law of Islam among other principles of justice and balance (' adl wa tawazun), the health (maslahah), and universalism. (alamiyah) as well as not containing gharar, mayir, riba, wrongdoer and an illegitimate object. "

3. The provisions of Article 5 are amended so that it reads as follows:
.,,
" Article 5
Banks that do not comply with the Syariah Principles as referred to in Article 2 of the paragraph (2) are subject to administrative sanctions as referred to in Article 58 of the Law No. 21 of 2008 on the Banking of Sharia. "

Section II
This Bank of Indonesia Regulation is beginning to apply at the designated date.

In order for everyone to know, order the invitational of the Bank of Indonesia Regulation with its placement in the Republic of Indonesia State Sheet.

.,, Set in Jakarta
on September 25, 2008
INDONESIAN BANK GOVERNOR,

Boediono.
Promulgated in Jakarta
on September 25, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

ANDI MATTALATTA

ADDITIONAL
STATE SHEET RI