.
Section 5
The coaching, setting, and daily supervision as referred to in Article 4 of the paragraph (1), is done with the purpose:
., a., a. embody regular, reasonable, efficient and effective-term Trading activities as well as in a healthy competitive atmosphere;
B. protect the interests of all parties in the Trade-Term; and
., c. embodied the activities of Trade Long-term as a means of managing price risk and the establishment of transparent prices.
Section 6
In carrying out the provisions as referred to in Article 4 and Section 5, Bappebti is authorized:
., a., a. make a technical explanation that is technical and/or any implementation of the Act;
B. provides:
.,
.,, 1) venture permit to the Term Exchange. Futures, futures, futures, futures, and futures fund managers;
.,, 2) permission to the individual person to become the Deputy Brokerage, the Term Deputy Advisor, and the Deputy Maintainer Of The Futures Fund;
3) the registration certificate to the Service Trader;
.,, 4) approval to the Home-Term Broker to channel the domestic Nasabah mandate to the Foreign Service Exchange; and
., .5) approval to the bank based on the recommendation of the Bank of Indonesia to store the Nasabah fund, the Compensation Fund, and the warranty fund related to the contracted transaction transaction as well as for the establishment of the Term Sentra Fund.
c. set a list of the Foreign Service Exchange and its Safe Contracts;
., d. Conduct a review of the parties that have business permission, individual persons, consent, or registration certificates;
., e. designate another party to perform a specific examination in order to exercise the authority of Bappebti, as referred to in the letter d;
., f. Instructest and use of the Cloud Service for the Cloud Service is available under the terms of the IBM International Basic Law Service.
., g. approve the term of the Service for the term of the Cloud Service, and to the end of the term of the Cloud Service.
., h. provide approval of the term contract to be used as the basis for the sale of the Comoditi on the Stock Exchange in accordance with the predefined requirements;
., i. establish the terms and conditions of the nomination and dismiss for a while member of the board of commissioners and/or directors as well as appoint temporary management of the Term Exchange and the Clearing Institution until the election of a member of the Board The Commissioner and/or a new member of the board by the Shareholders ' Meeting;
., j. establish minimum financial requirements and reporting obligations for the Party that have a business permit under the terms of this Act and/or its implementation regulations;
., k. establish the maximum number of limits and the number of mandatory numbers of IBM-owned contracts that can be owned or controlled by each Party;
., l. directing the term of the Cloud Service and to take the necessary steps to take the necessary steps in the case of a circumstance that is believed to be an appropriate development in the term of the Exchange to be unreasonable and/or the implementation of a Contract. The futures become stunted;
., m. Require each Party to stop or repair advertising or misleading promotional activities related to the Trade and Parties take the necessary steps to address the resulting advertising. or the promotion is referred;
., n. establish a provision about the Nasabah fund that is on the Lillive-run broker;
., o. examine the objections submitted by a party to the decision of the Term or the Term Clearing and decide to corroborate or cancel it;
., p. Create a new version of this file.
., q. announces the results of the examination, if deemed necessary, to ensure the performance of the market mechanism and the observance of all Parties to the provisions of this Act and/or its implementation rules;
., r. conduct necessary actions to prevent community losses as a result of the violation of the provisions of this Act and/or its implementation rules; and
., s. do other things provided under the terms of this Act and/or its implementation regulations.
Section 7
.,, (1) Bappebti is charging the Party for its service activities in giving permission, consent, and other activities.
.,, (2) The provisions and large charges as referred to in paragraph (1), are set further by the Government Regulation.
Section 8
Any employee of Bappebti and/or any other party charged by Bappebti conduct an examination or inquiry is prohibited from using any information obtained for personal or disclose information to the other, except disclosure. Such information is set out in the applicable laws.
Section 9
If required, Bappebti may request an opinion from the expert or form a committee to give consideration and/or provide advice to Bappebti in connection with the activities and development of the Term Trade.
BAB III
THE FUTURES EXCHANGE AND THE FUTURES CLEARING AGENCY
The Kesatu section
The Futures Exchange
Paragraph 1
The destination
Section 10
The Futures Exchange is established with the aim of hosting regular, reasonable, efficient, effective and transparent Contractual Contracts Transactions.
Paragraph 2
The permissions and Legal Forms
Section 11
The business permit to host the Term Exchange may only be provided by Bappebti to a limited individual-shaped business entity.
Section 12
.,, (1) The Term Exchange is established by a number of venture bodies that one with another is not affiliated.
., (2) The Founder as referred to in paragraph (1) is the first member of the Term Exchange.
.,, (3) That can be a shareholder of the Term Exchange is the Member of the Term Exchange in question.
.,, (4) Compulsory Merchants obtained a registration certificate from Bappebti before being allowed to conduct trading activities on the Term Exchange.
Section 13
Nasabah's amanat delivery to the Foreign Service Exchange can only be made to the Term Exchange and the registered Contract Contract is set by Bappebti.
Paragraph 3
The Activities scope
Section 14
<-based Cliring Member, to ensure the execution of the Customer's organization. Contract Transaction.
Section 2
The general policy in the field of Trade is established by the Minister.
Section 3
Commodities that can be subject to a term Contract are specified with
Presidential Decree.
BAB II
TRADE SUPERVISOR AGENCY
COMMODITY FUTURES
Section 4
.,, (1) The coaching, regulation and day-to-day supervision of the Trade activities are conducted by the Commodity Futures Trading Agency, which is next called Bappebti.
(2) Bappebti is below and is responsible to the Minister.
.,, (3) Susunan and the organization ' s position of Bappebti is set with the Presidential Decree cient for the completion of the completion of the contracted transaction transaction; and
B. draw up the regulations and ordinances of the Term Cliring Institution.
Section 27
(1) The mandatory Compulsory Clearing Institute:
.,
., a., a. have sufficient capital to host a well-term Governing Institution;
., b. save the funds received from the Members of the Cliring Term in a separate account from the account of the Authorised Clearing of the bank approved by Bappebti;
., c. ensuring the privacy of the financial position information and the activities of the Members of the Cliring, unless such information is provided in order to perform the provisions of this Act and/or its implementation regulations;
., d. document and store all data related to the Expiration Institution ' s activities; and
., e. monitor the activities and financial conditions of the Member Cliring and take the freeze or termination action of a Term Cliring Member who does not meet the minimum financial requirements and reporting in accordance with the provisions of this Act. And/or the rules of implementation.
(2) Prior to the effect, the regulation and order of the Clearing Institute of the Term as referred to in Article 26 of the letter b includes the changes, required to obtain the consent of Bappebti.
Section 28
Authorized-FUTURES CLEARING INSTITUTE:
., a., a. evaluate and test the candidate ' s qualifications as well as accept or reject the candidate to become a Member of the Term Clipring;
., b. establish minimum financial requirements and reporting for the Member Cliring Term;
., c. conduct the supervision of activities as well as examination of the periodic bookkeeping and records of the Kliring Members periodically and at any time are required;
D. set membership fees and other costs;
., e. obtaining the required information from the term of the Cloud Exchange in connection with the transactions performed by the Member of the Service; and
., f. Take steps to ensure the lagging of the clearing mechanism and the licensing of the Contracting transaction well as well as report it to Bappebti.
Paragraph 4
Activity termination
Section 29
.,, (1) The Term of the Clearing Institute is terminated in the event of a fixed-term exchange of transactions on the fixed-term Exchange.
.,, (2) If the activities of the Clearing Institute are terminated as referred to in paragraph (1), Bappebti revoke the Statutory Clearing of the Governing Body and subsequently the legal entity of the Governing Body of the Governing Body is dissolved, in accordance with the Applicable law.
Section 30
The provisions of the terms and conditions of the licensing, termination, and dissolution of the Applicable Clearing Institute as referred to in Article 25 and Section 29 are further set up with the Government Regulation.
BAB IV
FUTURES BROKER AND FUTURES ADVISORY
The Kesatu section
The Futures Broker
Section 31
.,, (1) The activities of the venture as a Brokerage can only be carried out by a Member of the Limited-based Berent Exchange who has obtained the permission of the Brokerage Venture of Bappebti.
., (2) The business permit referred to in paragraph (1), provided only to the Member of the Term Exchange that has financial integrity, good business reputation, and professional proficiency.
.,, (3) The implementation of activities as referred to in paragraph (1) is performed by the individual person who has obtained the permission of the Deputy Alang Broker of Bappebti.
Section 32
The outflow of Nasabah's mandate to the Foreign Service Exchange can only be performed by a Term broker who meets certain requirements based on Bappebti's decree.
Section 33
The provisions of the requirements and the manner of the licensing of the Term Brokerage, Deputy Broker, and the Term broker, which channel the mandate of Nasabah to the Foreign Service Exchange as referred to in Article 31 and Section 32, are further set up. with Government Regulation.
The Second Part
The Futures Advisor
Section 34
.,, (1) The activities of the venture as a Term Advisor can only be carried out by the Parties who have obtained the permission of the Long-term Advisor of Bappebti.
., (2) The consent of the business as referred to in paragraph (1), provided only to the Party with high professional proficiency, good business reputation, and financial integrity.
.,, (3) The implementation of activities as referred to in paragraph (1), for the enterprise-shaped Term Advisor, is performed by the individual person as the Compulsory Deputy Advisor to obtain the permission of Bappebti.
Section 35
The provisions regarding the requirements and terms of the term Advisory permissions and the Vice Privy are referred to in Article 34, are further set up with the Government Regulation.
BAB V
CURRENT FUND SENTRA
AND THE SENTRA-FUND MAINTAINER OF THE FUTURES
The Kesatu section
The FUND SENTRA
Section 36
.,, (1) The Sentra-term Fund is based on a contract between the Futures Fund Manager and the bank, which binds the participants of the Sentra Fund Long-term.
.,, (2) The Establishment of the Sentra Funds Term is obliged to obtain the consent of Bappebti.
.,, (3) All the wealth of the Compulsory Funds is mandatory at the bank, as referred to in paragraph (1), the next called the Sentra Fund Governing Fund.
.,, (4) As a sign of proof of ownership of funds in the Governing Funds, participants obtained the Certificate of Inclusion.
Section 37
Sentra of Futures Funds are prohibited:
a. receive and/or provide a loan; and/or
., b. Use the Sentra Fund-term funds to purchase the Inclusion Certificate of another Sentra Dana Berlain.
Section 38
The provisions regarding the manner of the approval of the formation of the Sentra Fund are established as well as the delivery of the contract design and guidelines as referred to in Article 36, set further with the Government Regulation.
The Second Part
The Futures Fund Manager
Section 39
.,, (1) The business activities as a Futures Fund Manager may only be performed by a limited liability party that is required to obtain a Futures Fund Manager's permit from Bappebti.
., (2) The Futures Fund Manager's permit is only provided if the concerned has financial capability and inas referred to in verse (1), is a limited liability-form agency that has obtained the permit of a venture as the Clearing Institute of Bappebti.
.,, (3) the business permit referred to in paragraph (2), only provided to a separate entity from the term of the Service and is independent of the Service.
Paragraph 3
Task, Liability, and Authority
Section 26
The Futures Clearing Institute is on duty, among other things:
., a., a. provide facilities suffi bti.
.,, (5) the Nasabah-owned funds may only be withdrawn from a separate account, as referred to in paragraph (4), for commission payment and other charges in connection with the contracted transaction and/or for any other purpose in the written order of the The nasabah is concerned.
., (6) If the Brokerage Is Declared, the Nasabah's funds under the control of the Alang Broker may not be used to fulfill the obligations of the ventured broker against a third party or its creditors.
Section 52
.,, (1) The Term Broker is prohibited from performing a Contractual Transaction for a Nasabah account, unless it has received a written order for each time a transaction from the Nasabah or its designated power is written in order to represent the interests of the Customer. The nasabah is concerned.
.,, (2) In certain respects, Bappebti may establish that the Brokerage Venture may also conduct a transaction over the Term Contract for its own accounts.
.,, (3) The Compulsory Broker precede the contract of a Contractual Contract for his Nasaal mandate.
Section 53
.,, (1) the Advisor is obligated to know the background, financial state, and knowledge of the Term Trade of its clients.
.,, (2) the Compulsory Service Advisor delivers the Corporate Information Document and the Risk Notice Document to the client before the two parties bind themselves in a service granting agreement.
.,, (3) the Service is prohibited from engaging or receiving certain money and/or letters from its clients, except for the payment of services to the advice provided to the Client in question.
.,, (4) The Term Advisor provides a recommendation to the client to purchase or sell the Compulsory Contract first to notify if there is any interest in the Relevant Advisor.
Section 54
.,, (1) the Manager of the Futures Fund is obligated to know the background, financial state, and knowledge of the current Trade of the Sentra Fund participants.
.,, (2) the Eligible Fund manager is required to deliver the Company's Information Document and the Risk Notice Document to the Prospective Funds candidate before the two parties tie themselves in a Sentra management agreement. Dana futures.
.,, (3) The Futures Fund Manager is required to manage any Sentra Funds Term within a separate institution of the concerned Governing Sentra of the Fund.
.,, (4) Futures Fund Managers are required to place mutual funds raised from prospective Sentra Fund participants in a separate account from the Concerned Futures Fund's account at the bank approved by the IBM Global Manager. Bappebti.
Section 55
Futures Brokers, Futures Advisors and Futures Fund Managers are required to guarantee the confidentiality of data and information about Nasabah, client, or participants of the Sentra Fund, and are prohibited from disclosing such data and information, unless obtaining written consent from the Nasabah, client or participant of the Sentra Fund is concerned or required by applicable law.
Section 56
The provisions of the behavioral guidelines as referred to in Article 49, Section 50, Section 51, Section 52, Article 53, Section 54 and Section 55 are further governed by the Government Regulation.
The Second Part
Prohibited Trade Practices
Section 57
.,, (1) In the Trade of Contracts each party is prohibited from performing or attempting to manipulate through action:
.,
., a., a. either directly or indirectly in the same time mastering the bulk of the Comoditi's inventory physically and the Contracting Contract with the purchasing position;
., b. either directly or indirectly purchase or sell a Term Contract that may cause such an active trade or resulting in the creation of misleading information about the market state or the contract price. Futures on the Stock Exchange;
., c. create, deploy, and/or order others to create and/or disseminate untrue or misleading statements or information related to the contracted transaction with the intent of taking advantage of the fluctuation of the event the price on the Exchange is due to the extent of such statements or information.
(2) Each Party is prohibited:
.,
., a., a. conduct a previously set-up contract transaction unreasonably;
., b. completed two or more opposite-term Nasabah addresses for the same-term Contract outside of the Term Exchange;
., c. directly or indirectly to his NasaDome transaction opponents, except:
.,, 1) the Nasabah mandate has been offered on the open-term Exchange; and
.,, 2) the transactions that have occurred are reported, recorded and lised in the same manner as other safemen being transmitted on the Term Exchange; or
., d. directly or indirectly affect the other party to conduct a Contractual Transaction in the manner of persuading or giving hope of an advantage beyond the public.
Section 58.
.,, (1) Each party is prohibited from having, either directly or indirectly, the open position of a term Contract exceeding the maximum limit.
.,, (2) The maximum limit as referred to in paragraph (1), set by Bappebti.
Section 59
Each party is required to report to Bappebti through the open-position Contractual Terms Exchange that it has in the event that it reaches a certain limit set by Bappebti.
Section 60
The provisions of the prohibited trade practices as referred to in Article 57, Article 58 and Article 59, are further set up with the Government Regulation.
The Third Part
The Settlement Of The Data Dispute
Section 61
Without reducing the rights of the Parties to resolve perdata disputes relating to the Trade-Term Trade or by arbitration, any conscription is required to advance in advance through the following:
a. Deliberations to reach the mufakat among the parties at odds; or
., b. utilization of the means provided by Bappebti and/or the Term of the Exchange if the deliberation, in order to reach the mufakat, as in the letter a, is not achieved.
Section 62.
The provisions of the settlement of the perdata dispute as referred to in Article 61 are further set up with the Government Regulation.
BAB VIII
BOOKKEEPING AND REPORTING
Section 63
.,, (1) Stock Exchange, Futures Clearing, Futures Brokerage, Futures Advisor, and Futures Fund Manager, mandatory:
., a., a. relay reports periodically and/or at any time to Bappebti;
., b. create and store bookkeeping, record, and/or recording of everything related to its activities for the Nasabah, is obligated to withdraw the Margin from Nasabah for the warranty of such transactions.
., (2) The margin as referred to in paragraph (1), can be a particular money and/or letter of value.
.,, (3) Brokerage is required to treat Nasabah's Margin, including additional funds from the Nasabah transaction in question, as a fund belonging to Nasabah.
.,, (4) Nasabah ' s Fund as referred to in paragraph (3), is required to be stored in a separate account of the bank-term brokerage account approved by Bappe ph (4), threatened With a penal penal for one year and a penal fine at most Rp1,000.000.00 (a billion rupiah).
Section 72
Any Party carrying out prohibited activities as referred to in Article 57 is threatened with an eight-year-old prison criminal and the criminal fines of the most Rp10,000.000.00 (ten billion rupiah).
Section 73
., (1) Any Party that does not fulfill the obligations as referred to in Section 17 of the paragraph (1) letter c, Section 27 of the paragraph (1) letter b, Section 27 of the paragraph (1) letter c, Section 36 of the paragraph (3), Article 45 of the paragraph (3), Section 51 of the paragraph (3), Section 51 of the paragraph (4), Section 54 of the paragraph (4), Section 51 of the paragraph (4), Section 51 (4), Section 5B (4) Article 54 of the paragraph (4), Article 55, Section 59, Article 63 of the paragraph (2) or performs the prohibited activities as referred to in Article 37, Article 43, Article 49 of the paragraph (2), Article 51 of the paragraph (5), Article 52 of the paragraph (1), or Article 58 of the paragraph (1) is threatened with a prison criminal Three years tops and penal fines of the most Rp4,000.000.00 (four billion rupiah).
.,, (2) Any Party carrying out prohibited activities as referred to in Article 8 is threatened with a prison criminal of the longest two years and a criminal of the most Rp1,500.000.00 (one billion five hundred million rupiah).
., (3) Any Party that does not meet the obligations as referred to in Section 50 of the paragraph (2), Section 50 of the paragraph (4), Section 53 of the paragraph (2), Section 53 of the paragraph (4), Section 54 of the paragraph (2), or perform the prohibited activities, as referred to in Article 50 of the paragraph, as specified in Section 5 of the Section 5. (3), or Article 53 of the verse (3) is threatened with a penultimate criminal confinement one year and the penultimate penalty of Rp1,000.000.00 (one billion rupiah).
Section 74
A prison or penal threat of imprisonment and criminal fine as referred to in Article 71, Section 72, and Section 73, in effect for any party, whether direct or indirect, may participate, instructest, or influence the other party for the cause. conducting prohibited activities as referred to in such sections.
Section 75
Any party that does not comply with or impede the implementation of the provisions as referred to in Article 66 or Article 68 is threatened with the penultimate confinement of one year and the criminal fines of the most Rp1,000.000.00 (one billion rupiah).
Section 76
.,, (1) the criminal Tindak as referred to in Article 71 of the paragraph (3), Article 73 paragraph (3), and Article 75 is a violation.
., (2) The Criminal Code as referred to in Article 71 of the paragraph (1), Article 71 of the paragraph (2), Article 72, Article 73 of the paragraph (1), and Article 73 of the paragraph (2) is a crime.
BAB XI
OTHER LAIN-CONDITIONS
Section 77
Bappebti, the Bank of Indonesia, and the Modal Market Supervising Board are obligated to hold consultations and/or coordination according to their respective functions in supervising the activities of the institutions under its jurisdiction, which deals with activities in the Trade field.
Section 78
Any party that suffers a loss as a result of the breach of the provisions of this Act and/or regulation of its implementation may demand damages, either by itself or together with other parties. similar, to the Parties responsible for the breach.
BAB XII
THE TRANSITION PROVISION
Section 79
.,, (1) Before Bappebti is formed under the provisions of this Act, then the duties, function, and authority of Bappebti are exercised by the Managing Board of the Comoditi as set forth in the applicable laws.
.,, (2) Before the Statutory Clearing is established under the terms of this Act and/or its implementation regulations, the Managing Board of the Comoditi provides the business permit to PT (Persero) Kliring and Warranty Of The Comioditi Exchange as set in the laws applicable to the Service, as applicable, in the applicable laws, regulations, and obligations under the terms of the applicable Service.
.,, (3) PT (Persero) Kliring and Guarantee of the Comoditi Exchange, as referred to in paragraph (2), are required to conform to the provisions of this Act and/or its implementation rules within the year after obtaining permission. Work.
BAB XIII
CLOSING PROVISIONS
Section 80
By the enactment of this Act, all laws that have been issued before the enactment of this Act are declared to remain in effect as long as it does not conflict with this Act or has not been provided with any provision new based on this Act.
Section 81
This legislation is in effect since the date of the invitation.
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.
.,, Dislocated in Jakarta
on December 5, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUHARTO
Promulgated in Jakarta
on December 5, 1997
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA,
MOERDIONO
Kesatu section
Administrative Sanction
Section 69
.,, (1) Bappebti is authorized to use administrative sanction for violations of the provisions of this Act and/or its implementation rules performed by any of the Parties that obtain a business permit, permit, consent, or any registration. from Bappebti.
., a., a. written warning;
B. administrative fines, i.e. the liability of paying a certain amount of money;
c. restrictions on business activities;
D. Freezing of business activities;
e. effort revocation;
f. revocation of permissions;
G. revocation of approval; and/or
h. Certificate revocation certificate.
The provisions of the administrative sanction as referred to in Article 69, are set further with
.
.,, (1) Any Party conducting a Lasting Trade Activity without a business permit as referred to in Article 14 of the paragraph (1), Section 25 of the paragraph (2), Article 31 of the paragraph (1), Article 34 paragraph 91), or Article 39 of the paragraph (1), threatened with prison criminal Five years tops and penal fines of the most Rp6,500,000.00 (six billion five hundred million rupiah).
., (2) Any Party performing activities without having consent as referred to in Article 13, Section 14 of the paragraph (2), Article 14 of the paragraph (3), Article 32, or Article 36 of the paragraph (2), threatened with a prison criminal at least three years and a criminal fine At most Rp4,000.000.00 (four billion rupiah).
.,, (3) Any Party performing activities without having permission as referred to in Section 31 paragraph (3), Section 34 paragraph (3), or Article 39 of the paragraph (3), or without having a registration certificate as referred to in Article 12 of the paragra
