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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f875a9a60943e313232313538.html

PBI 10-16-2008 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 136, 2008 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4896) BANK INDONESIA REGULATION number: 10/16/PBI/2008 REGARDING the CHANGES to the REGULATION of BANK INDONESIA No. 9/6/PBI/2007 on the IMPLEMENTATION of SHARIA PRINCIPLES in ACTIVITIES of GATHERING TOGETHER the FUNDING and CHANNELLING the FUNDS AS WELL AS ISLAMIC BANKING SERVICES with the GRACE of GOD ALMIGHTY the GOVERNOR of BANK INDONESIA ,.,, Considering: a. that in order to encourage the growth and development of Islamic banking industry that is sustainable, then needed an understanding of all stakeholders of the existence of the entire business activities and operations of the Islamic banking which is part of the national banking services;
.,, b. that based on considerations as referred to in letter a perceived need to improve the implementation of the provisions of the sharia principles in activities of gathering together the funding and channelling the funds as well as Islamic banking services in Bank Indonesia Regulations;
.,, Considering: 1. Act No. 11 of 1999 on Bank Indonesia (the State Gazette of the Republic of Indonesia year 1999 Number 66, an additional Sheet of the Republic of Indonesia Number 3843) as amended by Act No. 3 of 2004 (State Gazette of the Republic of Indonesia number 7 in 2004, an additional Sheet of the Republic of Indonesia Number 4357);
., ,2. 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);
DECIDED:.,, define: BANK INDONESIA REGULATION CONCERNING CHANGES to the REGULATION of BANK INDONESIA No. 9/6/PBI/2007 on the IMPLEMENTATION of SHARIA PRINCIPLES in ACTIVITIES of GATHERING TOGETHER the FUNDING and CHANNELLING the FUNDS AS WELL AS ISLAMIC BANKING SERVICES.
Article I a few provisions in the regulation of Bank Indonesia No. 9/6/PBI/2007 on the implementation of sharia principles in activities of gathering together the funding and Channelling the funds as well as Islamic Banking Services (State Gazette of the Republic of Indonesia Number 165 in 2007, an additional Sheet of the Republic of Indonesia Number 4793) is changed to read as follows: 1. Article 1 is amended to read as follows:.,, "article 1 referred to in the regulation of Bank Indonesia with this : 1. The Bank is Islamic banks and Syariah Business Unit.
., ,2. Islamic Bank is a Bank that runs its business activities based on sharia principles and according to its kind consisting of public Bank Syariah and Islamic Financing Bank Rakyat as stipulated in Act No. 21 of 2008 about Islamic banking.
., ,3. Public bank is an Islamic Bank Sharia in its activities provided services in payment traffic as stipulated in Act No. 21 of 2008 about Islamic banking.
., ,4. Bank Financing of Islamic People is an Islamic Bank in its activities do not provide services in payment traffic as stipulated in Act No. 21 of 2008 about Islamic banking.
., ,5. Syariah business unit, hereinafter called the UUS, is a unit of work from the headquarters of Conventional commercial banks that serve as holding an Office or Office units that carry out the business activities based on sharia principles, or work units in the Branch Office of a Bank based abroad who carry out business activities conventionally that serves as the Office of associate Sub-Office Islamic Sharia unit and/or referred to in Act No. 21 of 2008 about Islamic banking.
., ,6. Sharia principles is the principle of Islamic law in the banking activities based on the fatwas issued by the agencies that have the authority in the determination of the fatwa in the Islamic fields as mentioned in Act No. 21 of 2008 about Islamic banking.
., ,7. The contract is a written agreement between the Islamic Bank or other party and UUS containing the existence of rights and obligations for each party in accordance with Sharia principles as stipulated in Act No. 21 of 2008 about Islamic banking.
., ,8. The Fund is the provision of financing or Bill which equated with it be:.,, a. transaction for the results in the form of mudharabah and musyarakah;., lease transactions, b. in the form of ijarah or rent sell in the form of ijarah muntahiya bittamlik;
.,, c. buying and selling in the form of accounts receivable murabaha, greetings, and istishna ’; d. borrow and loan transactions in the form of accounts receivable qard; and, e. the lease transaction services in the form of multijasa to the transaction upon ijarah approval or agreement between Islamic banks and/or UUS and other parties who require that financed and/or given facilities funds to restore those funds after a certain period in Exchange for ujrah, without reward, or for the results referred to in Act No. 21 of 2008 about Islamic banking. "

2. The provisions of article 2 is modified to read as follows:.,, "article 2, (1) the business activities of gathering together the funds, distribution of funds and services of the bank based on Shariah Principles made by the Bank is the banking service.
.,, (2) in carrying out banking services through the activities of gathering together the funds, distribution of funds and services of the bank, the Bank is obligated to fulfill the principles of the Sharia.
.,, (3) fulfillment of sharia principles referred to in subsection (2) is implemented with principal comply with Islamic law include the principle of fairness and balance (‘ adl wa tawazun), good (maslahah), and universalism (alamiyah) and does not contain gharar, maysir, riba, as evil and unclean objects. "

3. The provisions of article 5 is changed to read as follows:.,, "article 5 banks that do not meet the sharia principles referred to in article 2 paragraph (2) imposed administrative sanctions as stipulated in article 58 of the Act Number 21 of 2008 about Islamic banking."
Article II of the regulation of Bank Indonesia began to take effect on the date set.

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

.,, Set in Jakarta on 25 September 2008, BANK INDONESIA GOVERNOR BOEDIONO Enacted in Jakarta on September 25, 2008 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4896 (explanation of the 2008 State Gazette Number 136) EXPLANATION of BANK INDONESIA REGULATION No. 10/16/PBI/2008 REGARDING the CHANGES to the REGULATION of BANK INDONESIA No. 9/6/PBI/2007 on the IMPLEMENTATION of SHARIA PRINCIPLES in ACTIVITIES of GATHERING TOGETHER the FUNDING and CHANNELLING FUNDS and BANK SERVICES I. GENERAL SHARIA Islamic banking in Indonesia was born to meet the needs of the community which wants Sharia banking services as an alternative to conventional banking services. Islamic banking is one of the subsystems in the banking system in Indonesia who hold dual banking system. Therefore, all of the business activities and operations of the Islamic banking is part of the national banking services, and each subsystem are expected to support the banking system as a whole.

II. article for the SAKE of ARTICLE i. Article,, 1., 1., article,, is quite clear.

Figure 2.,, article 2, paragraph (1), quite obviously, subsection (2).,, is quite clear. Paragraph (3), is: "‘ Adl" that puts things in place, and only give something on just who has the right to treat something appropriate position.
"Tawazun" is the balance that includes the material and spiritual aspects, aspects of the private and the public, the financial sector and the real sector, business and social aspects of utilization, and balance and sustainability.
"Maslahah" are all forms of goodness of worldly and prolific ukhrawi, material and spiritual, as well as individual and collective as well as having to meet three (3) items namely Sharia compliance (halal), useful and brings goodness (thoyib) in all aspects as a whole which does not cause kemudharatan.
"Alamiyah" is something that can be done and accepted by, with and for all interested parties (stakeholders) without discriminating ethnic, racial and religious groups, in accordance with the spirit of grace the universe (rahmatan lil alamin).
"Gharar" is the transaction object is not clear, not owned, its existence is not known, or cannot be submitted at the time of the transaction performed unless arranged otherwise.
"Maysir", i.e. transactions which hung to a State that is not certain and are chancy;
"Riba", is the determination of the addition of the income unlawfully (falsehood) among others in a similar exchange of goods transactions are not the same quality, quantity, and time of submission (fadhl), or in the transaction pinjam-meminjam the customer requirement the recipient facility refund received exceeds the loan principal due to the passage of time (nasiah).
"Tyrants", is the transaction give rise to injustice to the other party.

"Unlawful Object", is a goods or services that are forbidden in Sharia.

Figure 3., 5.,, article, fairly obvious article II.,, is quite clear.