Key Benefits:
SHEET COUNTRY OF THE REPUBLIC OF INDONESIA
No. 366, 2014 FINANCIAL. OJK. Sharia breeding. The effort. Holding.
NUMBER 31 /POJK.05/ 2014
ABOUT THE HOSTING OF SHARIA FINANCING EFFORTS
WITH THE GRACE OF GOD ALMIGHTY THE COUNCIL COMMISSIONER OF FINANCIAL SERVICES AUTHORITY,
BALANCED: a. that financing companies ' efforts with the principle of sharia, must always meet the principles of Islamic sharia, including the fatwa-fatwa established by the Indonesian Ulama Assembly National Syariah Council;
b. that in order to meet the principles of Islamic sharia as referred to in the letter a, it needs to be a legal certainty in the organization of financing companies with the principle of sharia for those who have a vested interest in the enterprise. financing companies with the principle of sharia;
c. that in order to improve the development of the business of financing companies that host efforts with sharia, it needs to be published provisions regarding the holding of effort by the company financing that organizes efforts with the principle of sharia;
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d. that based on consideration as in the letter a, the letter b, and the letter c need to specify the Financial Conduct Authority Regulation on the Host of Sharia Financing;
Given: Act No. 21 of the Year 2011 of The Financial Services Authority (sheet Of State Of The Republic Of Indonesia In 2011 Number 111, Additional Gazette Of The Republic Of Indonesia Number 5253);
DECIDED:
SET: A REGULATION OF FINANCIAL SERVICES AUTHORITY ON THE HOLDING OF FINANCING EFFORTS. SHARIA.
BAB I
provisions of UMUM
Article 1
In Regulation of the Financial Conduct Authority this is referred to: 1. The Syariah Company is a sharia financing company and unit
sharia effort.
2. The Financing Corporation is an enterprise that conducts financing activities for the procurement of goods and/or services.
3. Sharia financing company is a financing company whose entire business activities are doing sharia financing.
4. The next Syariah Business Unit (UUS) is the working unit of the Corporate headquarters of the financing that serves as the parent office of the office carrying out sharia financing.
5. Sharia financing is the distribution of financing carried out on the principle of sharia.
6. The Sharia principle is the provisions of Islamic law based on the fatwa and/or the conformity statement of Sharia of the National Sharia Council of the Indonesian Ulama Assembly.
7. Purchasing financing is financing in the form of provision of goods through a buying transaction in accordance with the syariah financing agreement agreed upon by the parties.
8. Investment financing is financing in the form of providing capital with a certain period of time for productive business activities with profit sharing in accordance with the sharia financing agreement agreed upon by the parties.
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9. Services financing is the granting/provision of good services in the form of benefit of a goods, loan grant and/or service with and/or without payment of merit (ujrah) in accordance with the agreement. Sharia financing agreed upon by the parties.
10. The Sharia Financing Agreement is a written agreement between the Syariah Company and the other that contains the rights and obligations of each party in accordance with the Syariah Princial.
11. Murabahah is the sale of a item by affirm its price (the acquisition price) to the buyer and the buyer pays it at a price more (margin) as a profit in accordance with the parties ' agreement.
12. Greetings is selling the purchase of an item with reservations in accordance with certain terms and the full payment of the goods price in full.
13. Istishna ' is the purchase of an item by order of making goods according to certain criteria and requirements and the payment of the price of goods in accordance with the agreement by the parties.
14. Mudharabah is a joint venture between the two parties in which the first party (shahib mal) provides the entire capital, the second party (mudharib) acts as maintainer, and the profit is shared between them. in accordance with the parties ' agreement.
15. Musyarakah is financing based on the acad of cooperation between the two parties or more for a particular undertaking, in which each party contributes to the provision that the benefits and risks will be borne together accordingly. with the parties ' agreement.
16. Mudharabah Deliberation is a Mudharabah where the fund manager (mudharib) includes capital in cooperation where profit and risk will be borne together according to the parties ' agreement.
17. Musyarakah Mutanaqisah is Musyarakah or syirkah whose asset ownership (goods) or capital of one of the parties (terms) is reduced due to the purchase of an entitlement portion (hishshah) gradually by other parties.
18. Ijarah is the transfer of the right to (benefit) of any item in a given period of time with the payment of rent (ujrah), without being followed by the transfer of the ownership of the goods itself.
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19. The Bittamlik Muntahiyah Ijarah is Ijarah which is accompanied by the promise of transfer of ownership (wa'd) after the Ijarah period was completed.
20. Hawalah is a transfer of debt from one party who owes the other party the payment of payment.
21. Hawalah bil Ujrah is Hawalah with the imposition of imbal merit (ujrah).
22. Wakalah is the grant of power of the authorized (muwakkil) to the recipient of the (representative) in what may be represented, where the recipient of the (deputy) does not bear the risk of what it represents, except for that " recklessness or default.
23. Wakalah Bil Ujrah is Wakalah with imbal imposition (ujrah).
24. Kafalah is the guarantee given by the handler (kafiil) to the third party to fulfill the obligations of the second party or the one that is borne (makfuul ' anhu, ashil).
25. Kafalah bil ujrah is Kafalah with the imposition of imbal merit (ujrah). 26. Ju'alah is the promise or commitment of (iltizam) to give
a certain (reward/'iwadh/ju'l) fee of the achievement (natijah) specified of a job.
27. Qardh is to borrow a loan (a bailout fund) in no way in exchange for the borrower's obligation to return the subject of the loan at once or for a mortgage in a given period of time.
28. A consumer is a company or individual person who performs the Syariah Financing Agreement with Sharia Company related to the activities of the Syariah Company.
29. The Financial Health Level of Syariah Financing is the result of assessment of the conditions of the application, liquidity, quality of productive assets, and the financial performance of the Syariah Company.
30. Capital Capital: a. for a body-shaped Syariah Financing Company
a limited liability law is a capital of the company; or
b. For the Syariah Financing Company, the governing body of the cooperative law is a mandatory staple and compulsory reserve.
31. Equity: a. for a legal entity-based Syariah Financing Company
a limited liability, is the sum of the:
1. Capital of the Capital; 2. additional Modal Is Covered, consisting of:
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a) agio/disagio shares; b) other emission costs of the effect of the equities; and c) in accordance with the principles of accounting standards
finance;
3. The value of the file is invalid. a laba/rugi;
5 balance. Year-to-year loss (s); 6. Tresuri stock (treasury stock); and
7. other equities components, consisting of:
a) changes in the revaluation surplus; b) kurs difference due to the definition of financial statements in
foreign currency; c) profit and loss of asset measurement assets
finance is available to be sold; and d) the effective part of the instrument benefit and loss
financial hedge value in order of cash flow value; and
e) other equity components according to the principles of financial accounting standards;
b. For the Syariah Financing Company in the form of a cooperative legal entity must be as large as the sum of the principal deposits, compulsory savings, reserve funds, grants, and remaining unshared efforts; or
c. for UUS should be as big a difference between the the amount of assets with a summation between the liabilities and the funding is temporary.
32. Director: a. For a legal entity in the form of a law enforcement company
A limited liability is the board of directors as referred to in the legislation regarding limited liability; or
b. For the Syariah Financing Company in the form of a cooperative legal entity is the administrator as contemplated in the percolation of percolation.
33. Board of Commissioners: a. For Syariah Financing Company-shaped legal entity
A limited liability is the board of commissioners as referred to in the legislation regarding limited liability; or
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b. For the Syariah Financing Company in the form of a cooperative legal entity is the supervisor as contemplated in the percolation of percosehood.
34. The maximum limit of sharia financing, known as BMPPS, is a particular limitation in the distribution of Sharia financing that is allowed under this Financial Conduct Authority Regulation.
35. Control: a. for a limited liability law, is the legal entity,
an individual person and/or group of ventures that:
1. has a stake of 25% (twenty-five percent) or more of the number of shares issued and has a voting right; or
2. has a stake of less than 25% (twenty-five percent) of the number of shares issued and having the right to vote but the one in question may be proven to have done control of the company either directly or indirectly.
b. For other business entities, the parties directly or indirectly have the ability to determine the administrator, the supervisor or the equivalent and/or influence the action of the administrator, the supervisor or the equivalent.
36. Productive Assets are all assets owned by the Syariah Company with the intent to acquire income in the form of Sharia Financing.
37. The next Financial Services Authority (OJK) is an independent institution, as referred to in the Financial Conduct Authority.
CHAPTER II OF SHARIA FINANCING ACTIVITIES
Section 2
The activities of the Financial Services Act of the Financial Services Act of the Financial Services Act
Sharia financing is required to meet the principle of justice ('adl), balance (tawazun), health (maslahah), and universalism (alamiyah) and contains no gharar, maysir, riba, zhulm, risywah, and an illegitimate object.
section 3
Shari'a financing activities include:
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a. Buy-up financing; b. Investment financing; and/or c. Services financing.
section 4 (1) The Selling Financing activity as referred to in Article 3
letter a is done using the acad: a. Murabahah; b. Greetings; and/or c. Istishna '.
(2) The Investment Financing Activities as referred to in Article 3 of the letter b are performed using the acad: a. Mudharabah; b. Musyarakah; c. Mudharabah Deliberation; and/or d. Musyarakah Mutanaqishoh;
(3) Merit Financing Activities as referred to in Article 3 of the letter c are performed using the acad: a. Ijarah; b. Ijarah Muntahiyah Bittamlik; c. It's Hawalah or Hawalah bil Ujrah; d. Wakalah or Wakalah bil Ujrah; e. Kafalah or Kafalah bil Ujrah; f. Ju'alah; and/or g. Qardh.
(4) Sharia Financing Activities as referred to in Article 3 may be conducted using the acad other than as referred to in verse (1), paragraph (2) and verse (3), with first obtaining the consent of OJK.
(5) The terms of the acad used in Sharia Financing activities as referred to in paragraph (1), paragraph (2) and paragraph (3) and other aad agreements as referred to in paragraph (4) are set in the OJK Circular Letter.
Paragraph 5 (1) Sharia financing activities may be performed using
a single account and/or a combined acad of the acad as referred to in Article 4 of the paragraph (1), paragraph (2), paragraph (3), and paragraph (4).
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(2) The combined acad as referred to in paragraph (1) is performed using some of the acad as referred to in Article 4 of the paragraph (1), paragraph (2), paragraph (3), and paragraph (4) for a Syariah Financing activity Certain.
(3) Akad as referred to in Section 4 of the letter e, the letter f, and the letter g, may only be performed by the Syariah Company through the combined acad.
Article 6
(1) The Sharia Corporation is required to report any use of a single acad and/or combined acad as referred to in Article 5 of the paragraph (1) to OJK.
(2) The reporting on reporting as referred to in paragraph (1) is set in the OJK Circular Letter.
Article 7
Sharia Financing Companies and Financing Companies with UUS are obliged to clearly list the activities of Sharia Financing as referred to in Article 3 in its base budget.
CHAPTER III OF THE AGREEMENT
Article 8
(1) Sharia Financing Agreement between Syariah Companies with Customer is required to be made in writing.
(2) Syariah Financing Agreement in Sharia Financing activities is required to meet the provisions of the Syariah financing. Drafting of the agreement as set in the OJK Regulation on protection consumer of financial services sector.
Article 9
The Sharia Financing Agreement as set out in this OJK Regulation, it is mandatory to meet the provisions: a. exercised without a compulsion element among the parties
beracad or transaction; and b. objects contained in the Syariah Financing Agreement appropriate
with the Sharia Principles and the laws.
section 10
The sharia financing agreement concluded by the parties cannot be undone, except:
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a. The parties agree to stop it; b. not subject to the legal conditions as intended in
Article 9.
Article 11
(1) The Sharia Financing Agreement in the Compulsory Financing of Shariia contains the least: a. the title of the Syariah Financing Agreement describing the type
akad Financing Syariah used; b. the number and date of the Syariah Financing Agreement;
c. the identity of the parties;
d. the object of the Syariah Financing Agreement (capital, goods and/or services);
e. the purpose of financing; f. the object value of the Syariah Financing Agreement (capital, goods
and/or services); g. mechanism and way of its payment and its greatness;
h. The currency that is used, if required;
i. Term of Sharia Financing; j. The nisbah, margin, and/or imbal services (ujrah) Financing Syariah;
k. a warranty object (if any); l. details of charges related to Syariah Financing that
are provided among other loading:
1. Survey fee; 2. Insurance costs/fiddy/fiddy;
3. the cost of the provision; and 4. A notary fee.
m. Fiduciary-charging clauses are clear, if there is a fidusia guarantee in the case of sharia financing;
n. the mechanism in the event of a dispute and the selection of a dispute settlement;
o. the provisions regarding the rights and obligations of the parties; and p. provisions regarding fines (ta'jir) and/or damages (ta ` widh).
(2) In terms of the Syariah Company performing Purchasing Financing for motor vehicles, the Syariah Financing Agreement is required to list the value of the advance (down payment/urbun).
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CHAPTER IV CURRENCY FINANCING SALE
MOTOR VEHICLE
Article 12
(1) Syariah Company which performs Purchasing Financing for motorized vehicles is required to apply the terms of the advance (down payment/urbun) to Customer as follows:
a. for a two or third wheel motor vehicle, at least 20% (twenty percent) of the vehicle's selling price is concerned;
b. for a four or more wheel motor vehicle used for productive purposes, at least 20% (twenty percent) of the vehicle's selling price; or
c. for a four or more wheel-motor vehicle used for the purpose of a single motor vehicle. non-productive purposes, at least 25% (twenty-five percent) of the vehicle's sale prices are concerned.
(2) A motor vehicle of four or more wheels used for productive purposes as intended on a paragraph (1) letter b must meets the following criteria: a. is a person or item that is
to have a permission issued by the authorities to perform a specific business activity; orb. be submitted by an individual person or legal entity that has a certain business permit from the authorities and is used for business activities relevant to the business permit that is owned.
(3) Terms of the quantity in advance (down payment/urbun) to Consumer as referred to in paragraph (1) may be revisited and its changes are set up with the OJK Circular Letter.
CHAPTER V MITIGATION OF SHARIA FINANCING RISK
Article 13
(1) Sharia corporation is mandatory mitigation of the risk of sharia financing.
(2) The mitigation of the risk of sharia financing as referred to in paragraph (1) may be done by way of:
a. divert the risk of sharia financing through the mechanism of sharia-salting;
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b. divert risk of the financed goods or goods that become collateral from sharia financing activities through the sharia insurance mechanism; and/or
c. perform charging of fidusia guarantees over financed goods or goods that become collateral from the activities of Shariah.
Section 14
(1) The Syariah Company that performs the risks referred to in Article 13 of the paragraph (2) of the letter of a mandatory use of the institution which complies with the provisions as follows:
a. has obtained a business permit from OJK; and b. not in the imposition of freezing sanction activities from
OJK. (2) The term of the sharia definition as referred to in
Article 13 of the paragraph (2) is the shortest equivalent of the term of Shariah Financing.
Article 15
(1) Syariah Company which performs the insurance as referred to in Article 13 paragraph (2) the letter b is required to use an insurance company that meets the provisions as follows: a. has obtained a business permit from OJK; and
b. not in the imposition of limiting the activities of the activities of the OJK.
(2) The term of an insurance response as referred to in Article 13 of the paragraph (2) the shortest b-term equivalent to the term of Shariah Financing.
Article 16 (1) of the Syariah Company performing Sharia financing with
The burden of a fiduciary guarantee is required to register a fidusia registration office in a fiduciary registration office, as per the governing law regarding fiduciary guarantee.
(2) The obligation of registration of the fiduciary guarantee as referred to in paragraph (1) Also for the Sharia Company, the financing of the sale is available. The burden of fiduciary guarantee is derived from the application of the application (channeling).
(3) The fiduciary registration as referred to in paragraph (1) and paragraph (2) is mandatory for the slowest 1 (one) month from the date of the Syariah Financing Agreement.
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Article 17
Sharia companies are prohibited from executing items that are objects of fiduciary warranty if the fidusia registration office has not yet published a fiduciary warranty certificate and hands it to Sharia Company.
Section 18
Executions of the goods that are objects of fiduciary guarantee are required to meet the provisions and requirements as set forth in a fidage guarantee and have been agreed upon by the parties in the Sharia Financing Agreement.
BAB VI
FINANCIAL HEALTH LEVEL
Article 19
(1) The Sharia Corporation is mandatory at any time meeting the requirements of the Shariah Financial Health Level.
(2) The financial health level of Shariia financing as referred to in paragraph (1) includes: a. The plea ratio;
b. Productional Asset Quality; c. rentability; and
d. liquidity.
The Second Part Ratio Permodalan
Article 20
(1) The Sharia Company is required to meet the lowest demand ratio by 10% (ten percent).
(2) The application ratio as referred to in paragraph (1) is a comparison between the adjusted capital and the adjusted asset.
(3) The provisions of the quantity of the ratio of the appeal as referred to in paragraph (1), may be reviewed back and the change is set in the OJK Circular Letter.
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(3) The terms of the order of the calculation of comparisons between the adjusted capital and the adjusted asset as referred to in paragraph (2) are set in the OJK Circular Letter.
The Third Part Of The Productive Asset Quality
Paragraph 1 Of Productive Asset Quality Assessment
Article 21 Of Sharia Law is mandatory assessing, monitoring and performing the steps required to maintain the quality of Productive Assets.
Article 22 (1) The quality assessment of Productive Assets as referred to in Section
21 is set to be: a. smoothly;
b. in special attention; c. less smoothly;
d. doubtful; or
e. Jammed. (2) The quality assessment of the Productive Assets as referred to in paragraph (1)
is specified on the basis of the basis of the underlying payment accuracy, margin, investment result/for results, and/or service imbal (ujrah).
(3) The quality assessment of Productive Assets as referred to in paragraph (2) is categorized as follows: a. smoothly if there are no underlying underlying payment,
margins, investment results/results, and/or service imposition (ujrah) or delay of principal payment payment, margin, investment yield/for results, and/or service imbal (ujrah) up to 30 (thirty) calendar days;
b. In particular, if there is a delay in the underlying payment, margin, investment results/for the results, and/or service imbal (ujrah) that has exceeded 30 (thirty) calendar days up to 90 (ninety) calendar days;
c. Less smoothly in the event of a principal payment delay, margin, investment result/for results, and/or service imbal (ujrah) that has exceeded 90 (ninety) calendar days up to 120 (one hundred and twenty) calendar days;
d. It is doubtful if there is a underlying payment delay,
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margin, investment yield/or service imbal (ujrah) that has exceeded 120 (one hundred and twenty) calendar days up to 180 (one hundred eighty) calendar days; or
e. The traffic jam occurred when the principal payment delay, margin, investment result/for results, and/or service imbal (ujrah) that has exceeded 180 (one hundred and eighty) calendar days.
Article 23
(1) In addition to the precision factor the principal payment and/or investment results/for the results as referred to in Section 22 of the paragraph (2), the quality assessment of the Productive Asset for Investment Financing of Rp3.000.000.00 (three billion rupiah) or more can be specified with considering a factor:
a. Customer's ability to pay; b. financial performance (financial performance) Consumer; and
c. Consumer effort prospects.
(2) The assessment of the Consumer Pay capabilities as referred to in paragraph (1) the letter a includes an assessment of the components as a Here's a. the availability and accuracy of Customer's financial information;
b. completeness of Sharia Financing documentation;
c. adherence to the Syariah Financing Agreement; d. The suitability of sharia financing; and
e. the source of the source of the liability payment. (3) The assessment of financial performance (financial performance)
Consumer as referred to in paragraph (1) letter b includes an assessment of the components as follows:
a. Profit acquisition;
b. application structure; c. cash flow; and
d. sensitivity to market risk. (4) The assessment of Customer's business prospects as intended
in paragraph (1) of the letter c includes an assessment of the components as follows: a. enterprise growth potential;
b. market conditions and Consumer positions in competition; c. quality of management and labor issues;
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d. support of groups or affiliates; and e. Consumer efforts in order to maintain
live environment. (5) In the event there is a difference between the Asset quality assessment
Productive by the Syariah Company with OJK, the quality of the applicable Productive Assets is the one set by OJK.
(6) The Syariah Company is required to perform a Productive Asset quality adjustment according to the Productive Asset quality assessment set forth by OJK as referred to in paragraph (5) in the report submitted to OJK.
(7) Productive Asset quality assessment guidelines as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are further set forth in the OJK Circular Letter.
paragraph 2 of the Quality of Productive Assets for Consumer With More Than One
Agreement of Sharia Financing section 24
(1) The Syariah Company is required to set the same Productive Asset quality against 1 (one) Consumer by more from 1 (one) Syariah Financing Agreement.
(2) Syariah Companies may establish different Productive Asset quality for more than 1 (one) Syariah Financing Agreement owned by 1 (one) Consumer as referred to in paragraph (1), in terms of: a. Productive assets that have the lowest quality have been removed
books; and/or b. Sharia Financing value up to the amount
Rp3.000.000.00 (three billion rupiah). (3) In the case there is a Productive Asset quality difference in
The Syariah Financing Agreement as referred to in paragraph (1), Sharia Company is required to use the lowest quality of Productive Assets.
Paragraph 3 Productive Assets Problem
Section 25
(1) The Syariah Company is mandatory at any time maintaining a troubled Productive Asset ratio after minus the highest rate of Productive Asset elimination allowance of 5% (five percent) of the total Asset Productive.
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(2) The troubled Productive Asset as referred to in paragraph (1) consists of Productive Assets with less smooth quality, doubtful, and/or crash.
(3) The provisions of the ratio of Productive Asset ratios problematic as referred to in paragraph (1), it can be reviewed and its changes are set in the OJK Circular Letter.
Paragraph 4 Preliminary Backup Elimination Allowance
Section 26
(1) The Syariah Company is required to calculate a Productive Asset elimination preliminary allowance.
(2) The preliminary backup calculation of the Productive Asset deletion as set forth in the {paragraph} in the {paragraph} in the {paragraph}, the { 1% (one percent) of Productive Asset balances that have quality
smoothly after deducting agunan;
b. 5% (five percent) of the Productive Asset balance that has quality in special attention after being reduced agunan;
c. 15% (fifteen percent) of Productive Asset balances that have quality less smoothly after being reduced agunan;
d. 50% (fifty percent) of the Productive Asset balance that has the quality of doubt after being reduced agunan; and
e. 100% (one hundred percent) of Productive Asset balances that have the quality of the crash after minus the collateral.
(3) The Syariah Company is required to form the lowest Productive Asset elimination allowance in accordance with the provisions as referred to the paragraph (2) in the monthly report.
(4) The value of the collateral as referred to in paragraph (2) that can be calculated as the highest set of Productive Asset balances is set to be the highest worth of its Productive Asset balance.
(5) The calculation of the Product is specified.
Productive Asset Elimination Allowance as specified in paragraph (1) conducted Syariah Company in order of calculation ratio, gearing ratio, the ratio of the Equities to the Modal Paid, BMPPS, the problematic Productive Asset ratio, and the comparison of Productive Assets with total assets.
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(6) The provisions of type, method of calculation, and collateral return, as well as the layout of the backup calculations are set in the OJK Circular Letter.
paragraph 5 of the Productive Asset Value Decrease
Article 27 (1) of the Syariah Company is required to form a decrease in drop loss
the value of Productive Assets corresponds to applicable financial accounting standards.
(2) The establishment of a backup loss in the value of the value of Productive Assets as referred to in paragraph (1), is done in the drafting of a financial report audited by the office of public accountants.
Fourth Quarter Rentability
Article 28
(1) Rentability as referred to in Article 19 of the paragraph (2) of the letter c is the ability Sharia in generating profits.
(2) The assessment of the rentability factor as referred to in Article 19 of the paragraph (2) of the letter c includes assessment of asset performance and operational efficiency.
(3) The provisions of the tata the way an assessment of the rentability factor is set in the OJK Circular Letter.
The fifth part of the liquidity
section 29
(1) The liquidity assessment as referred to in Article 19 of the paragraph (2) of the letter d is an assessment of the level of availability between smooth and smooth liabiltas.
(2) Terms regarding the layout of the liquidity assessment set in the OJK Circular Letter.
BAB VII RATIO OF PRODUCTIVE ASSETS TO TOTAL ASSETS
Article 30
(1) The Sharia Company is required to have a low net net worth 40% (forty percent) of total assets.
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(2) Productive assets neto as referred to in paragraph (1) must be obtained from the reduction of gross Productive Asset with an unrecognized income and a Productive Asset elimination preliminary allowance.
(3) The fulfillment of the neto's Productive Asset provision as referred to in paragraph (1) is required to fulfill the slowest 3 (three) year of Sharia Company as of the date of the permission of the specified license.
(4) In terms of Shariah financing the upgrade Available Capital in order to fulfill the ratio of the application, gearing ratio, and The comparison of the equities with the capital of the above, the Syariah financing company is excluded from the fulfillment of the provisions as referred to in the paragraph (1) in the longest term of 1 (one) year since the date of the increase of the Capital of the Mentioned is noted by the instance of the Service Authorized.
BAB VIII EQUITY
Article 31
(1) The Syariah Financing Company is a legal entity: a. Limited liability is required to have the least equities
Rp100.000.000.000.00 (one hundred billion rupiah); or
b. The mandatory operatives have the least equities of Rp50,000.000.00 (fifty billion rupiah).
(2) UUS is required to have the least equities Rp25,000.000.00 (twenty-five billion rupiah).
(3) The financing companies that have done a portion of the business activities under the Sharia Principles prior to the enactment of this OJK Regulation are required to meet the provisions of the Equities for UUS as referred to in paragraph (2) with the stage as follows: a. most Rp5,000.000.000.00 (five billion rupiah) the most
slow date of December 31, 2015; b. At least Rp15,000.000.00 (fifteen billion rupiah)
slowest December 31, 2016; and
c. at least Rp25,000.000.000.00 (twenty-five billion rupiah) the slowest of December 31, 2017.
(4) for the Syariah Financing Company that is derived from the conversion, the provision as referred to in paragraph (1) shall begin in effect 5 (five) years since the company is referred to as a Sharia financing company.
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Article 32
The Shariah financing company is obliged to have the ratio of the Equities to the lowest-Paid Capital of 50% (fifty percent).
CHAPTER IX Maximum limit on sharia financing
Article 33
(1) Sharia corporation is required to comply with the BMPPS provisions to all parties at the top of 50% (fifty percent) of the principle of Sharia Corporation.
(2) The related parties as referred to in paragraph (1) include:
a. Individual persons or business entities that are Controllers of the Syariah Company;
b. The agency in which the Syariah Company acts as a Controller;
c. a person or entity that acts as a controller of the business entity as referred to in the letter b;
d. Control of the control board is performed by:
1. individual persons and/or business entities as referred to in the letter a;
2. Individual persons and/or business entities as referred to in the letter c;
e. the board of commissioners or directors on the Sharia Company;
f. The one with the family ties up to the second degree, both horizontal and vertical:
1. of individuals who are the controller of the Syariah Company as referred to in the letter a;
2. of the board of commissioners or the directors of the Syariah Company as referred to in the letter e.
g. the board of commissioners or the board of directors on the business entity as referred to in the letter a, letter b, letter c, and/or the letter d;
h. The business entity that the board of commissioners and/or directors is:
1. the board of commissioners or directors on the Syariah Company; 2. board of commissioners or directors on the business entity
as referred to in letter a, letter b, letter c, and/or letter d;
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i. the body of the business where: 1. the board of commissioners or the board of the Syariah Company
as referred to in the letter e acting as Controller;
2. the board of commissioners or the directors of the parties as referred to in the letter a, the letter b, the letter c, and/or the letter d, acting as a Controller; and
j. The financial interdependence (financial interdependence) with the Syariah Company and/or the party as referred to in the letter b, letter c, letter d, letter e, letter f, letter g, letter h, and/or letter i.
(3) The Syariah Company is required to have and enlist the list of related party details as referred to in paragraph (2).
Section 34
(1) The Syariah Company is required to meet the provisions of BMPPS to 1 (one) Consumer which is not a related party as referred to in Article 33 of the paragraph (2) at least 20% (twenty percent) of the Company's Equities Sharia.
(2) The Syariah Company is required to meet the provisions of the BMPPS to 1 (one) Consumer group which is not a related party as referred to in Article 33 of the paragraph (2) at the highest 50% (fifty percent) of the Company's Equities Sharia.
(3) Consumers are classed as members of a Consumer Group as referred to (2) If Customer has a controlling relationship with other Customer both through ownership, business, and/or financial relationship, including:
a. Consumer is another Consumer Controller; b. 1 (one) the same party is the Controller of some
Consumer (common ownership); c. Consumers have financial dependencies (financial
interdependence) with another Consumer; d. Customer publishes a guarantee (guarantee) to take
over and/or pay off some or all other Customer obligations in the event the other Customer fails to fulfill its obligations (default) to the Syariah Company; and/or
e. The board of the commissioner and/or the Consumer Directors are commissioners and/or directors on the other Customer.
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Article 35
The terms of the BMPPS are referred to in Article 33 of the paragraph (1), Article 34 of the paragraph (1), and Article 34 of the paragraph (2) is excluded for Sharia financing for the procurement of goods and/or services in the framework of the program government.
CHAPTER X COOPERATION FINANCING SYARIAH
Article 36 (1) Sharia Company may cooperate with other parties through
refinancing (channeling) and done in accordance with regulatory provisions. laws and are prohibited against the Syariah Principles.
(2) Other parties as referred to in paragraph (1) includes: a. bank; b. residential secondary financing company; c. microfinance institutions; and/or d. Sharia corporation.
(3) Refinancing (channeling) as referred to in paragraph (1) is mandatory with akad Wakalah bil Ujrah.
(4) In conducting refinancing (channeling) as contemplated on verse (1), the Syariah Company may act as: a. The running party (traveler) through activities
Financing Sharia; and/or b. As the provider and the item (s) that the
represents to the other party. (5) In the case of Sharia Company acting as a party
channel (traveler) as referred to in verse (4) letter a, the Sharia Company only acts as maintainer and gains the reward (ujrah) of the management of such funds.
(6) The risk arising from the financing of the forwarding (channeling) as referred to in paragraph (1), is on the provider's side and/capital/goods.
CHAPTER XI FUNDING
Article 37
(1) In order to obtain funding, Syariah Company may:
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a. receive funding from government agencies, banks, non-bank financial industries, agencies, and/or any other business entity;
b. receive a loan (Qardh) subordinated;
c. publishes sharia (sukuk) bonds in accordance with the provisions of the rules of the negotiations; and/or
d. Perform securitization in accordance with the Shari'a Principles and the provisions of the laws.
(2) Sharia Corporation is required to conduct funding activities as referred to in paragraph (1) under the provisions of the laws and does not conflict with the Syariah Principles.
Article 38
(1) Funding from the institution and/or any other entity as referred to in Article 37 of the paragraph (1) the letter a may be derived from:
a. the institution and/or the Indonesian entity; and/or b. the institution and/or the foreign enterprise entity.
(2) The financing/financing as referred to in paragraph (1) is mandatory using the acad: a. Mudharabah; b. Mudharabah Deliberation; c. Musyarakah; d. Ijarah; e. Qardh; and/or f. other funding acads in accordance with the Sharia Principles.
(3) The amount of funding/financing from the institution and/or other business entity derived from the institution and/or agency of Indonesia as referred to in paragraph (1) the letter a, is required to meet the least provisions of Rp300,000.00 (three hundred million rupiah) for each financing/financing term with the shortest return term of 1 (one) year.
(4) The amount of funding/financing of the institution and/or other business entity which are derived from the institution and/or the body of a foreign venture as referred to in paragraph (1) The letter b, is required to meet the least provisions of Rp1,000.000.000.00 (one billion rupiah) for each funding/financing term with the shortest return term of 1 (one) year.
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Article 39 of the Loan (Qardh) subordination as referred to in Article 37 of the paragraph (1) the letter b must meet the provisions:
a. At least 5 (5) years; b. In the event of a liquidation, the invoice rights are at the very end of any
loan; and c. poured in the form of a notariil deed agreement between the Company
Sharia with the lender.
Article 40
(1) Sharia corporation is required to meet the gearing ratio at the highest of 10 (ten) times.
(2) Gearing ratio as referred to in paragraph (1) must be obtained from the comparison between the amount of funding that comes from the provisions as it is referred to in Article 37 of the paragraph (1) of the letter b, Section 37 of the paragraph (1) of the letter b, and Article 37 of the paragraph (1) The letter c with the difference between the equities and the loan (Qardh) is subordinated to the inclusion.
(3) The loan (Qardh) subordinates that can be taken into account as to the calculation of the gearing ratio as intended In verse (2), at least 50% (fifty percent) of the Capital Ordered.
(4) The provisions of the quantity of gearing ratio as referred to in paragraph (1), can be reviewed and the changes are set in the OJK Circular Letter.
Article 41
(1) Syariah companies receiving funding as referred to in Article 37 in foreign exchange are required to be fully protected (full hedge).
(2) Full-end (full hedge) as referred to in paragraph (1) is mandatory for principal funding/financing, investment results/results, margin, service imposition (ujrah) and/or payment term.
Article 42
Sharia Company that will receive funding as referred to in Article 37 in the foreign exchange is required to meet the Financial Health Level of Sharia financing as set out in this OJK Regulation.
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BAB XII INCLUSION
section 43
(1) Syariah financing companies may only conduct direct inclusion on: a. companies in the financial services sector in Indonesia; dan/or
b. Companies related to the activities of the Syariah Financing Company.
(2) The number of all direct inclusion of Syariah Financing Companies on companies in the financial services sector in Indonesia as referred to paragraph (1) the most high 40% (forty percent) of the equity amount of Sharia financing company.
(3) The number of direct inclusion of Sharia Financing Company to entities in 1 (one) most high group 10% (ten percent) of the Company's Equities. Sharia financing.
(4) Syariah financing companies are obliged to meet the terms of the amount of capital inclusion as referred to in paragraph (2) and paragraph (3) at the time of the inclusion.
BAB XIII CERTIFICATION
section 44
(1) Syariah Company employees who occupy managerial positions start at the level of head of branch offices up to one level under the Board of Directors and the leadership of UUS is required to have a basic level certificate in the field of financing and/or sharia financing from an institution designated by the association by passing the notice to OJK and accompanied by reason of appointment.
(2) The Company ' s Directors of Financing Sharia is required to have a certificate of expertise in the field of financing and/or sharia financing of an institution appointed by the association by passing notice to OJK and accompanied by the grounds of appointment.
(3) The Board of Commissioners Sharia financing companies must have a basic level certificate in the field of financing and/or sharia financing from an institution designated by association by passing notices to OJK and accompanied by reason of appointment.
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(4) Directors and officials 1 (one) level under the Board of Directors of Sharia Financing which oversees the mandatory risk management function has a certificate of expertise in the field of risk management of a designated institution by association by providing notice to OJK and accompanied by reason of appointment.
(5) Employees and/or the power of the Syariah Enterprise who handle the mandatory billing field has a certificate of the profession in the billing field of the designated institution of the association by passing the notice to OJK and accompanied by reason of appointment.
BAB XIV LARALs
Article 45 of the Syariah Company is banned: a. raised funds directly from a giro-shaped society,
savings and/or any other form equed with it; b. provide reassurance for the fulfilment of other party obligations; c. publishes a pay letter (promisorry note), except as
a guarantee of funding to the parties providing the funding; d. conducting actions that cause or force agencies
other finances that are under the supervision of OJK in violation of applicable laws; and/or
e. conduct actions that cause or force other financial institutions that are under the supervision of OJK circumvent the applicable laws.
Article 46 Sharia Companies are prohibited from providing cash funds to Consumer.
Article 47 of the Syariah Company in conducting its business activities is prohibited from using untrue information that may adversely affect the interests of Customer, creditors, and stakeholders including OJK.
BAB XV DELIVERS PERIODIC REPORT
Article 48 (1) The Sharia Company is required to deliver a monthly report to
OJK.
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(2) Sharia Financing Company is obliged to deliver an annual financial report that has been audited by public accountants to OJK.
(3) The terms of the monthly report as referred to in paragraph (1) are set forth in the OJK Regulation regarding the monthly report.
Article 49 (1) The Syariah Financing Company is required to deliver the report
The annual financial audited by public accountants as referred to in Article 48 paragraph (2) to OJK the slowest 4 (four) months after the last book year.
(2) The Sharia Financing Company is obliged to deliver an annual financial report that has been audited by a public accountant as referred to in paragraph (1) complete and correct in form hard copy and soft copy.
(3) the annual financial report audited as referred to in Section 48 of the paragraph (2) is mandatory based on the financial accounting standards applicable in Indonesia.
(4) the annual financial report as referred to in Article 48 paragraphs (2) must specify the calculation of certain regulated things in this OJK Regulation.
(5) the annual financial report audited by the public accountant as referred to in Article 48 paragraph (2) is required to be drafted in the currency. rupiah.
(6) The year of the book as referred to in paragraph (1) is mandatory based on a tawim year.
(7) Public Accountant as referred to in paragraph (1) must be registered in OJK.
(8) In the case of the Syariah Financing Company obtaining a business permit of less than 6 (six) months up to the end of the year, the obligation of delivery of the annual financial report as referred to in paragraph (1) comes into effect in the year of the taxable. next.
Section 50 In terms of the final limit of the delivery of the annual financial report as referred to in Article 49 of the paragraph (1) falls on the holiday, the final deadline of the delivery of the report is the next first working day.
Article 51 (1) Sharia financing company is required to announce position report
finance and profit report Four (four) months after the book year ends at least one (one) of the daily newspapers in Indonesia that have a national circulation.
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(2) Sharia Financing Company is required to report the execution of the announcement as referred to in paragraph (1) in writing to OJK the slowest 20 (twenty) calendar days after the implementation of the announcement, In the event of an announcement.
(3) In terms of the final limit the delivery of the announcement of the announcement execution as referred to in paragraph (2) falls on the holiday, the final deadline of the report delivery is the next first working day.
BAB XVI INFORMATION SYSTEMS AND TECHNOLOGY
Article 52 (1) In order to support Host a healthy business,
The Shariah Financing Corporation is required to have an integrated information and technology system.
(2) Liability as intended on paragraph (1) applies to Syariah Financing Company which has a branch office of more than 5 (5).
BAB XVII CORPORATION SHARIA IN THE
PROVISIONS AND VOYAGES
Article 53 of the Syariah Company in particular conducts activities of Sharia Financing in the field of notoriality is not mandatory to meet the conditions as intended in Article 20 of the paragraph (1), Article 30 of the paragraph (1), and Article 40 of the paragraph (1).
Article 54 of the Syariah Company in particular conduct of Sharia Financing in the field of shipping is not mandatory to meet the provisions as referred to in Article 43 of the paragraph (2), paragraph (3), and paragraph (4).
BAB XVIII ENFORCEMENT COMPLIANCE
Section Parts Notice
Section 55
(1) Sharia Financing Company and Financing Companies have UUS that does not meet the conditions as
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referred to in Section 2, Section 6 of the paragraph (1), Section 7, Section 8, Section 9, Section 11, Section 12 of the paragraph (1), Section 14 of the paragraph (1), Section 14 of the paragraph (1), Section 33 of the paragraph (3), Section 36 of the paragraph (1), Section 36 of the paragraph (3), Section 36 of the paragraph (3), Section 36 of the paragraph (1), Section 36 of the paragraph (1), Section 36 of the paragraph (1) 37 verses (2), Article 38 paragraph (2), Article 41, Section 48 of the paragraph (2), Section 49 of the paragraph (1), Section 49 of the paragraph (2), Section 49 of the paragraph (3), Section 49 of the paragraph (4), Section 49 of the paragraph (5), Section 49 of the paragraph (6), and Section 51, paragraph (1), and/or Article 51 of the paragraph (2) of this OJK Regulation (2), and the following paragraph: notice.
(2) Sharia Financing Company and Financing Companies that have a mandatory UUS conduct fulfillment of the provisions as referred to in paragraph (1) the longest 30 (thirty) business days from the date of the notice.
The Second Section
The fulfilment of the Plan
section 56
(1) Syariah financing company and the Financing Company that has UUS does not meet
the provisions as referred to in Section 19 of the paragraph
(1), Section 20 paragraph (1), Section 21, Section 23 of the paragraph (6), Section 24 of the paragraph (1), Section 24 of the paragraph (3), Section 25 of the paragraph (1), Section 26 of the paragraph ( (1), Article 26 of the paragraph (3), Article 27 paragraph (1), Section 30 of the paragraph (1), Section 30 of the paragraph (3), Section 31 of the paragraph (1), Section 31 of the paragraph (1), Section 31 of the paragraph ( verse (2), Section 31 of the paragraph (3) letter a, Section 31 of the paragraph (3) of the letter b, Section 32, Section 33 of the paragraph (1), Section 34 of the paragraph (1), Section 34 of the paragraph (2), Section 40 of the paragraph (1), Section 40 of the paragraph (1), Section 44, and/or Article 52 of the paragraph (1) The OJK Regulation is required to deliver the longest fulfilment of the plan. 1 (one) months from the date of the termination of the breach by OJK.
(2) The fulfillment plan as referred to in paragraph (1), at least load the plan that the Syariah Financing Company and the Financing Companies have UUS for fulfillment of the provisions accompanied by the term Certain items are required to meet the provisions as referred to in the paragraph (1).
(3) The fulfilment steps as referred to in paragraph (1), contain any other:
a. restructure of assets and/or liabilities;
b. addition of Modal Being Paid; c. restrictions on new loan reception;
d. Subordination loan imitation; e. diversion of parts or whole assets;
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f. Profit sharing restrictions; g. the restrictions on activities that cause a breach of the provisions;
h. the opening restrictions of the new branch office; and/or i. incorporation of the enterprise entity.
(4) The fulfilment plan as referred to in paragraph (1) must be signed by the entire board of directors and the board of commissioners.
(5) The fulfillment plan as referred to in paragraph (1) must first be approved by a general meeting of the shareholders if the plan is intended to include the plan for the addition of a Modal Tor or a plan to merge the effort and/or the business entity.
(6) The fulfillment plan as referred to in paragraph (1) must obtain a statement of not Objection from OJK.
(7) In terms of the fulfilment plan as referred to in paragraph (1) assessed by OJK is not sufficient to address the problem, the Syariah Financing Company and the Financing Corporation have the UUS obliged to make improvements to the plan Such fulfilment.
(8) OJK gives no objection to the fulfillment plan delivered by the Syariah Financing Company and the financing Company that has UUS with regard to the conditions of the issues faced by the Sharia financing and financing companies that have the longest UUS 14 (fourteen) calendar days from the date of the receipt of the complete fulfilment plan.
(9) If in the timeframe as referred to in paragraph (8), OJK does not provide a statement of no objection or response, the Company Sharia financing and financing companies that have UUS can carry out the fulfillment plan as referred to in paragraph (1).
(10) Syariah financing company companies and financing companies that have UUS are required to carry out the fulfillment plan as referred to in paragraph (1).
CHAPTER XIX SANCTIONS
Section 57
(1) In terms of up to the end of the term of the notice letter as referred to in Article 55 of the paragraph (2), the Syariah Financing Company and the Financing Company
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has UUS not also met the provisions as referred to in Article 55 of the paragraph (1), the Syariah Financing Company and the Financing Company which has UUS imposed administrative sanction:
a. warning;
b. freezing of business activities; c. freezing of UUS business activities;
d. revocation of the business permit; and/or e. UUS clearance revocation.
(2) Sharia Financing Companies and Financing Companies that have a UUS violation of the provisions as referred to in paragraph (1) but the breach has been resolved, keep the first warning of sanctions terminated. by itself.
(3) Warning sanctions as referred to in paragraph (1) the letter a, may be given in writing at most 3 (three) times each of the longest 2 (two) months.
(4) In terms of the Prior to the end of the term of the Warning and the Expiration Of (2), Sharia financing companies and financing companies that have UUS have met the provisions as referred to in Article 55 of the paragraph (1), OJK repeates warning sanctions.
(5) In terms of the third anniversary as contemplated on the paragraph (2) terminate and the Company
Financing Syariah and the Financing Company which has UUS remains unfulfilled as referred to in Article 55 of the paragraph (1), OJK is in:
a. sanctions freeze of business activities for the Syariah Financing Company; or
b. The sanctions freeze the activities of UUS businesses for the UUS-owned financing company.
(6) The sanction of the freeze-activity activities as referred to in paragraph (5) is given in writing in effect for a term of 6 (six) months since:
a. the date of the suspension of the sanctions business activity is issued to the Syariah Financing Company; or
b. The date of the suspension of sanctions on UUS efforts is issued to the UUS-owned financing company.
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(7) In terms of the period of expiration of the warning and/or sanction of the freeze-up activities ended on holidays, warning sanctions and/or sanction of the freeze of business activities in effect until the next first day of work.
(8) Sharia Financing Companies and Financing Companies that have UUS charged with freezing of business activities as referred to in paragraph (5), are prohibited from performing Sharia financing activities.
(9) In terms of prior to the the end of the term of the freezing period of business activity as referred to in paragraph (6), Sharia financing companies and financing companies that have UUS have met the provisions as referred to in Article 55 of the paragraph (1), OJK repeates: a. sanctions freeze of business activities for the Financing Company
Syariah; or b. Freezing sanctions on UUS business activities for the Company
A financing that has UUS.
(10) In terms of the sanction of the freezing of the business activities still in effect and the Syariah Financing Company and the financing Company which has UUS to remain in the activities of Shariah Financing efforts, the OJK can immediately revoke:
a. A business permit for the Shari'a Financing Company; or
b. UUS clearance for financing companies that have UUS. (11) In terms of up to the end of the freezing time
venture activities as referred to in paragraph (6), the Syariah Financing Company and the Financing Company which has UUS does not also meet the conditions as contemplated in Article 55 of the paragraph (1), OJK repeal:
a. A business permit for the Shari'a Financing Company; or
b. UUS clearance for financing companies that have UUS. (12) OJK may announce to the community:
a. Sanctions freeze-up activities as referred to in paragraph (1) letter b;
b. The sanctions freeze of UUS activities as referred to in paragraph (1) letter c;
c. sanction revocation of the business permit as referred to in paragraph (1) letter d; and/or
d. The sanction of the revocation of the UUS license as referred to in paragraph (1) letter e
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Section 58 (1) Sharia Financing Company and the Financing Company
has UUS breaking the terms as referred to in Article 56 of the paragraph (1), paragraph (7), or paragraph (10) of this OJK Regulation, Sharia financing companies and financing companies with UUS were introduced into administrative sanctions: a. warning; b. freezing of business activities c. freezing of UUS business activities; d. revocation of the business permit; and/or e. UUS clearance revocation.
(2) In addition to the sanctions as referred to in paragraph (1), OJK may provide additional sanctions to be: a. restriction of certain business activities; b. decreased health level; c. revocation of consent; and/or d. re-assessment of capabilities and capabilities.
(3) Sharia Financing Company and Financing Companies that have UUS breaking the provisions as referred to in paragraph (1) but the breach has been resolved, stay on. The first warning will expire on its own.
(4) Warning sanctions as referred to in paragraph (1) the letter a, provided in writing at least 3 (three) times in a row with each of the most terms of each (two) months.
(5) In terms of before the end of the term of warning sanctions as referred to in paragraph (4), the Syariah Financing Company and the Financing Company which has UUS has fulfilled the provisions as referred to in Article 56 of the paragraph (1), paragraph (7), or paragraph (10), OJK revoked the warning sanction.
(6) In the event of a third anniversary as referred to in paragraph (4) end and the Statutory Financing Corporation and the Financing Corporation have the UUS remain unfulfilled as referred to in Article 56 of the paragraph (1), paragraph (7), or verse (10), OJK wore: a. sanctions freeze of business activities for the Financing Company
Syariah; or b. Freezing sanctions on UUS business activities for the Company
A financing that has UUS.
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(7) In terms of Shariah Financing and Financing Companies that have UUS committing an offence as referred to in Article 30 of the paragraph (1) or paragraph (3) and do not meet the conditions as contemplated in Article 56 of the paragraph (1), the verse (7), or verse (10) to the end of the third term of the memorial is referred to in verse (4), then: a. Sharia financing companies are subject to sanctions
revocation of business permits; or b. The financing company that has UUS is intended
is subject to the revocation of UUS clearance, without being preceded by the sanction of freezing of business activities or the freezing sanctions of UUS business activities as referred to in paragraph (6).
(8) The sanction of the freezing of the business activities as referred to in paragraph (6) is given in writing in effect for a term of 6 (six) months since: a. the date of the suspension of the sanction activities is published for
The Syariah Financing Company; or
b. The date of the suspension of sanctions on UUS efforts is issued to the UUS-owned financing company.
(9) In the event of a period of notice of warning and/or sanctions the freeze of business activities ends on holidays, warning sanctions and/or sanction of the freeze activity in effect until the next first business day.
(10) The Company Sharia financing and financing companies that have UUS sanctioned freezing of business activities as referred to in paragraph (6), are prohibited from committing Sharia financing activities.
(11) In terms of prior termination of the term freezing of the business activities as referred to in paragraph (8), the Financing Company Sharia and Financing Companies which have UUS have fulfilled the provisions as referred to in Article 56 of the paragraph (1), paragraph (7), or verse (10), OJK repeates: a. sanctions freeze of business activities for the Financing Company
Shariah; or
b. The sanctions freeze the activities of UUS businesses for the UUS-owned financing company.
(12) In terms of the sanction of the freezing of the business activities still in effect and the Syariah Financing Company and the financing entity UUS has continued to conduct Sharia financing efforts, the OJK may immediately revoke:
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a. A business permit for the Syariah Financing Company; or b. UUS clearance for financing companies that have UUS.
(13) In terms of up to the end of the term freezing of the business activities as referred to in paragraph (8), the Syariah Financing Company and the Financing Company which has UUS does not also meet the conditions as contemplated in Article 56 of the paragraph (1), paragraph (7), or paragraph (10), OJK repees:
a. A business permit for the Syariah Financing Company; or b. UUS clearance for financing companies that have UUS.
(14) OJK may announce to the community:
a. Sanctions restrictions on certain business activities as specified in paragraph (2) of the letter a;
b. Freezing sanctions on business activities as referred to in paragraph (1) letter b;
c. sanction of the UUS activity freezing as referred to in paragraph (1) letter c;
d. Sanction of the revocation of the business permit as referred to in paragraph (1) of the letter d; and/or
e. The sanction of the revocation of the UUS license as referred to in paragraph (1) letter e
section 59 (1) The Syariah Financing Company and the Financing Company that
has a UUS breach of the provisions as referred to in Article 16, Article 17, Section 18, Section 31 of the letter c, Article 38 of the paragraph (3), Section 38 of the paragraph (4), Article 42, Section 43 of the paragraph (4), Article 45, Article 46, and/or Article 47 of the OJK Regulation are subject to administrative sanction: a. warning; b. freezing of business activities; c. freezing of UUS business activities; d. revocation of the business permit; and/or e. UUS clearance revocation.
(2) Sharia Financing Company and Financing Companies that have a UUS breach of the provisions as referred to in paragraph (1) but that breach has been resolved, it remains subject to the first anniversary sanction by itself.
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(3) Warning sanction as referred to in paragraph (1) the letter a, may be given in writing at most 3 (three) times in the most consecutive 2 (two) month period.
(4) In the event prior to the termination of the term of the anniversary sanction as referred to in paragraph (2), the Syariah Financing Company and the Financing Company which has UUS has met the provisions as referred to in paragraph (1), OJK repeates the sanctions warning.
(5) In terms of the third anniversary as intended on verse (2) terminates and the Financing Companies that have UUS does not meet the provisions as referred to in paragraph (1), OJK is wearing: a. sanctions freeze of business activities for the Financing Company
Syariah; or b. Freezing sanctions on UUS business activities for the Company
A financing that has UUS. (6) The sanction of the freeze of business activities as referred to in paragraph
(4) is granted in writing in effect for a term of 6 (six) months since: a. the date of the suspension of the suspension of venture activities is published for
The Shariah financing company; or b. the date of the sanctions release of the UUS venture activities is published
for the UUS-owned Financing Companies.
(7) In the event of a period of notice of warning and/or sanctions freeze of business activities ending on holidays, warning sanctions and/or freezing sanctions on venture activities in effect until the next first business day.
(8) The Company Sharia financing and financing companies that have UUS sanctioned freezing of business activities as referred to in paragraph (4), are prohibited from committing Sharia financing activities.
(9) In terms of prior termination of the term freezing of business activities as referred to in paragraph (5), the Financing Company Sharia and Financing Companies that have UUS have met the provisions as referred to in paragraph (1), OJK revoked:
a. sanctions freeze of business activities for the Syariah Financing Company; or
b. The sanctions freeze the activities of UUS businesses for the UUS-owned financing company.
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(10) In terms of the suspension of the freezing of the business activities still in effect and the Syariah Financing Company and the financing entity UUS has continued to conduct Sharia financing efforts, the OJK may immediately revoke:
a. A business permit for the Shari'a Financing Company; or
b. UUS clearance for financing companies that have UUS. (11) In terms of up to the end of the freezing time
venture activities as referred to in paragraph (5), the Syariah Financing Company and the Financing Company which has UUS does not also meet the provisions as intended on verse (1), OJK repeal: a. A business permit for the Shari'a Financing Company; or
b. UUS clearance for financing companies that have UUS. (12) OJK may announce to the community:
a. Sanctions freeze-up activities as referred to in paragraph (1) letter b;
b. The sanctions freeze of UUS activities as referred to in paragraph (1) letter c;
c. sanction revocation of the business permit as referred to in paragraph (1) letter d; and/or
d. The sanction of the revocation of the UUS license as referred to in paragraph (1) letter e
Article 60
(1) OJK may wear: a. sanctions freeze of business activities for the Financing Company
Shariah; or
b. The sanctions freeze for UUS efforts for financing companies that have UUS, without preempting the imposition of warning sanctions if Sharia financing and financing companies have UUS committing a breach of Article 45 of a letter.
(2) The sanctions freeze of business activities as referred to in paragraph (1) are provided in writing and in effect since it is set for the longest term of 6 (six) months.
(3) In terms of the applicable sanctions freeze of business activities expires on the day off, sanctions freeze the business activities in effect until the next first business day.
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(4) Sharia Financing Company and Financing Companies which have UUS charged with freezing of business activities as referred to in paragraph (1), are prohibited from undertaking business activities.
(5) In terms of Prior to the termination of the term of the termination of the business activities, as referred to in the paragraph (2), the Syariah Financing Company and the UUS financing Company have met the provisions as referred to in paragraph (1), OJK repeates the sanctions freezing of business activities.
(6) In terms of the sanctions freeze the effort is still In effect and the Sharia Financing Company and the Financing Companies that have UUS continue to do Sharia financing activities, the OJK can immediately repeal: a. A business permit for the Syariah Financing Company; or b. UUS clearance for financing companies that have UUS.
(7) In terms of up to the end of the term freezing of the business activities as referred to in paragraph (2), the Syariah Financing Company and the Financing Company which has UUS does not also meet the provisions as referred to in the verse (1), OJK repeal: a. A business permit for the Syariah Financing Company; or b. UUS clearance for financing companies that have UUS.
(8) OJK may announce the freezing sanctions of its business activities as referred to in paragraph (1) and sanctions revocation of the venture permit as referred to in paragraph (6) or paragraph (7) to the public.
Section 61 In terms of the Financing Company Sharia and Financing Companies that have UUS obtain administrative sanctions on the form of warning sanctions as referred to in Section 57 of the paragraph (1) letter a, Article 58 of the letter a, and/or Article 59 of the paragraph (1) letter a cumulative as of 5 letters. (five) times or more in the term 2 (two) years, OJK may request the Board of Directors, Council The Commissioner, and/or the Syariah Board of Regents of the Syariah Financing Corporation and the Financing Companies have UUS to follow the reassessment of the ability and the propriety.
CHAPTER XX OF THE TRANSITION PROVISIONS
Article 62 (1) of the Company Financing that has done some or all
activities of its efforts based on the Sharia Principles prior to the Regulation
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This OJK is set, may carry out the Sharia Financing Activities as referred to in Section 3 in the longest term of 6 (six) months since the OJK Regulation is set.
(2) The Financing Agreement Sharia which has been done by the Sharia Corporation before this OJK Regulation is declared to remain in effect until the end of the Syariah Financing Agreement.
Article 63 For the Financing Company which has done in part or his entire business activities based on the Sharia Principles before the OJK Regulation This is specified, the provisions referred to in Article 19, Section 20 of the paragraph (1), Section 21, Section 22, Section 23, Section 24, Section 24, Section 25, Section 25, and Section 26 are stated in effect 1 (one) years since this OJK Regulation is specified.
Section 64 (1) For the Company Financing which has done some or
all of its business activities under the Syariah Principles prior to this OJK Regulation is specified, the provisions as referred to in Article 33 of the paragraph (1), Section 34 of the paragraph (1), and Article 34 of the paragraph (2) are stated. applies 2 (two) years since this OJK Regulation is set.
(2) The financing of the financing Beyond the terms of the BMPPS as referred to in Article 33 of the paragraph (1), Section 34 of the paragraph (1), and Section 34 of the paragraph (2) prior to this OJK Regulation are specified, it may continue until the end of the term of the financing agreement. Calculated as the basis for the BMPPS calculation.
Article 65 The provisions as referred to in Article 41 are stated to be not applicable to the funding in the foreign exchange that the Syariah Company has received before this OJK Regulation is specified.
Article 66 For the Financing Company have done some or all of its efforts based on the Syariah Principles before this OJK Regulation is specified, the provisions as referred to in Article 44 are stated in effect 3 (three) years since the OJK Regulation is set.
Section 67 Sharia financing agreement regarding Sharia financing is the provision of funds In cash that has been performed before this OJK Regulation is specified, it can still be continued until the end of the term of the agreement.
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Section 68
The provisions and monthly reporting mechanisms of the Syariah Company are stated to remain in effect as long as there is no set of rules regarding the reporting provisions
monthly pursuant to The business activities in this OJK Regulation.
Section 69 For the Financing Companies which have done some or all of its business activities under the Syariah Principles prior to this OJK Regulation are specified, the terms as are referred to in the Section 52 verses (1) are declared to be in effect 2 (two) years since the OJK Regulation is established.
Article 70
(1) Any administrative sanction that has been imposed against the Syariah Company is based:
a. Finance Minister Regulation No. 84 /PMK.012/ 2006 on Corporate Financing;
b. Finance Minister Rule Number 30 /PMK.010/ 2010 on Applying Principle to the Non-Bank Financial Instituts;
c. Regulation of Finance Minister Number 43 /PMK.010/ 2012 on the Advance of Consumer Financing for Motor Vehicles on Financing Companies as amended with the Finance Minister Regulation Number 220 /PMK.010/2012; and/or
d. Regulation of the Finance Minister Number 130 /PMK.010/ 2012 on Fidusia Warranties Registration for Financing Companies Doing Consumer Financing for Motor Vehicles With Fidusia Guarantee, is declared to remain valid and applicable.
(2) Sharia companies that have not been able to cope with the cause of the introduction of administrative sanctions as referred to in paragraph (1) are subject to further sanctions in accordance with this OJK Regulation.
CHAPTER XXI PROVISIONS
Section 71
At the time OJK's rules are applicable, the provisions of the organization Syariah companies are subject to this OJK Regulation.
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Section 72
This Financial Conduct Authority Regulation is beginning to take effect on the date of the promulcity.
So that everyone knows it, ordering the authoring of this Financial Services Authority Regulation with Its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta on 19 November 2014
CHAIRMAN OF THE BOARD OF COMMISSIONERS
FINANCIAL SERVICES AUTHORITY,
MULIAMAN D. HADAD Diundfiled in Jakarta on Sept. 19 November 2014
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,
YASONNA H. LAOLY
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