Advanced Search

Bank Indonesia Regulation Number 17/3/pbi/2015 2015

Original Language Title: Peraturan Bank Indonesia Nomor 17/3/PBI/2015 Tahun 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

SHEET COUNTRY INDONESIA

No. 70, 2015 BANKING. BI. Rupiah. Use. Obligations. (EXPLANATION IN ADDITION OF THE STATE SHEET OF INDONESIA NUMBER 5683)

INDONESIA BANK REGULATION

NUMBER 17 /3/PBI/2015

ABOUT

LIABILITIES OF RUPIAH

IN THE TERRITORY OF THE UNITED STATES REPUBLIC OF INDONESIA

WITH THE GRACE OF GOD ALMIGHTY

THE GOVERNOR OF THE BANK OF INDONESIA,

DRAWS: A. that Rupiah is a valid payment tool in the territory of the Republic of Indonesia and the symbol of sovereignty of the Republic of Indonesia;

b. that the use of Rupiah in any transaction in the territory of the Republic of Indonesia is also required to support the stability of the Rupiah exchange rate;

c. that to realize Rupiah's sovereignty in the territory of the Union State The Republic of Indonesia and to support the stability of the Rupiah exchange rate, need to apply to Rupiah's policy of duty obligations in any transaction in the territory of the Republic of Indonesia;

d. that under Law Number 23 of 1999 about Bank Indonesia as it has been changed several times, last with Invite-

www.peraturan.go.id

2015, No. 70 2

Invite Number 6 Year 2009, Bank Indonesia as monetary authority and the payment system authorized to regulate Rupiah's use in any transaction in the territory of the Republic of Indonesia;

e. that based on considerations as referred to in the letter a, the letter b, the letter c, and the letter d, need to establish the BankIndonesia Regulation on the Liability of Use of Rupiah in the territory of the Republic of Indonesia;

Given: 1. Law No. 7 of 1992 on Banking (State of the Republic of Indonesia Year 1992 Number 31, Additional Gazette of the Republic of Indonesia No. 3472) as amended by Law No. 10 of 1998 on the Change of the Republic of Indonesia in 1992. Act Number 7 Of 1992 On Banking (sheet Of State Of The Republic Of Indonesia In 1998 Number 182, Additional Sheet Of The Republic Of Indonesia Indonesia Number 3790);

2. Law No. 23 of 1999 on Bank Indonesia (State of the Republic of Indonesia Year 1999 No. 66, Additional Gazette of the Republic of Indonesia Number 3843) as amended several times, last with Invite-Invite Number 6 Years 2009 on Establishing Regulatory Government Ordinance Number 2 Year 2008 tentative Second Change of Law No. 23 Year 1999 on Bank Indonesia became Act (State Gazette of the Republic of Indonesia Year 2009 Number 7, Indonesia's Republic of Indonesia Number 4962);

3. Law No. 21 of 2008 on Sharia Banking (State Sheet of Indonesia 2008 Number 94, Additional Gazette of the Republic of Indonesia Number 4867);

4. Law Number 7 of the Year 2011 on Currency (Indonesian Republic of 2011 Number 64, Additional Gazette of the Republic of Indonesia Number 5223);

www.peraturan.go.id

2015, No. 703

DECIDED:

Establishing: INDONESIAN BANK REGULATIONS ON THE OBLIGATIONS OF THE USE OF RUPIAHDI TERRITORY OF THE UNITED STATES REPUBLIC OF INDONESIA.

BAB I

provisions of UMUM

Pasal1

In this Bank Indonesia Regulation referred to:

1. The rupiah is the currency of the Republic of Indonesia, which is valid as a valid payment tool in the territory of the United Republic of Indonesia.

2. The territory of the Republic of Indonesia is the State of the Union of the Republic of Indonesia as referred to in the Invite-Invite which governs the money.

3. Bank is the General Bank as referred to in the governing Law regarding banking and the General Bank of Sharia as referred to in the governing Law on sharia banking.

BAB II

LIABILITY OF RUPIAH USAGE

Section 2

(1) The parties are required to use Rupiah in transaksiyang located in the Republic of Indonesia State Region.

(2) The transaction as referred to in paragraph (1) includes:

a. any transaction that has a purpose of payment;

b. the completion of the other obligations that must be met with money; and/or

c. other financial transactions.

Section 3

(1) The use of Rupiah usage in any transaction as referred to in Section 2 of the paragraph (1) applies to:

a. cash transactions; and

b. Non-cash transactions.

www.peraturan.go.id

2015, No. 70 4

(2) Cash transactions as referred to in paragraph (1) letter a cover of transactions that use paper money and/or coins as payment tools.

(3) Transaksinoncash as referred to in paragraph (1) The letter b includes a transaction using non-cash payment mechanisms and mechanisms.

BAB III

EXCLUSION OF RUPIAH.

Section 4

The obligations of Rupiah usage as referred to in Section 2 of the paragraph (1) does not apply to the transaction as follows:

a. a particular transaction in the framework of the country's income and income budget;

b. acceptance or granting of grants from or abroad;

c. international trade transaction;

d. savings in the Bank in the form of a foreign exchange; or

e. international financing transaction.

Article 5

Rupiah usage obligations as referred to in Section 2 of the paragraph (1) also do not apply to transactions in the foreign exchange performed under the provisions of the Act including:

a. venture activities in the foreign exchange conducted by the Bank under the governing Act concerning banking and banking sharia;

b. valuable mail transactions published by the Government in foreign exchange in the inaugural market and in the secondary market based on the country's debt letter and the country's foreign currency; and

c. The foreign exchange is based on the Act.

Section 6

Specific transactions in order to conduct the country's income and revenue budget as referred to in Section 4 of this section include:

a. Foreign debt payments;

b. Domestic debt payments in foreign exchange;

www.peraturan.go.id

2015, No. 705

c. shopping for goods from abroad;

d. Capital shopping from abroad;

e. the acceptance of the country derived from the sale of the country ' s debt letters in foreign exchange; and

f. Other transactions in order to conduct the country's income and income budget.

Section 7

Acceptance or grant of grants from or abroad as referred to in Section 4letter may only be performed by the recipient or The most recent grants are overseas.

Article 8

(1) The international trade transaction as referred to in Section 4letter c includes:

a. export activities and/or imports of barangkeor outside of the customs territory of the Republic of Indonesia; dan/or

b. services trading activities that go beyond the country ' s territory limits by means of:

1. cross-border supply (cross border supply); and

2. Overseas consumption (consumption abroad).

(2) Transactions for additional activities in export activities and/or imports of barangkeor outside of the customs territory of the Republic of Indonesia as referred to in paragraph (1) the letter a is not categorized as an international trade transaction so that required to use Rupiah.

Article 9

(1) The transaction of international financing as referred to in Article 4letter e may only be done by the giver or financing recipient of one of which is outside the country.

(2) In the case of the (1) Bank of the Bank, required to meet the rules governing the foreign exchange transaction against Rupiah between the Bank with the foreign party.

BAB IV

PROHIBITION AGAINST RUPIAH

Article 10

(1) Any pihakis are refused to accept the Rupiah Its inclusion is intended as payment or to complete the obligations that must be met with Rupiah and/or for the financial transactions of the Republic of the Republic of Indonesia.

www.peraturan.go.id

2015, No. 70 6

(2) The provisions as referred to in paragraph (1) are dislocated in the event:

a. There is a doubt about the authenticity of the Rupiah for the cash transaction; or

b. the payment or completion of the obligations in the foreign exchange has been promised in writing.

(3) The written agreement referred to the paragraph (2) the letter b can only be performed for:

a. Transactions that are excluded from the obligations of the Rupiah usage as referred to in Section 4 and Section 5; or

b. The strategic infrastructure project and the approval of the Bank of Indonesia.

BAB V

PENCANTUMAN PRICES OF GOODS AND/OR SERVICES

Section 11

In order to support the implementation of the Rupiah usage obligations as intended in Section 2 of the paragraph (1), the perpetrator of the business shall specify the price of goods and/or services only in Rupiah.

BAB VI

REPORT AND SUPERVISION OF COMPLIANCE

Article 12

(1) Bank of Indonesia is authorized to request reports, captions, and/or data to any pihakyang related to the implementation of Rupiah usage obligations as referred to in Section 2 of the paragraph (1) and the inclusion obligations of the goods and/or services as referred to in Section 11.

(2) Parties as referred to in paragraph (1) are required to deliver the requested report, description, and/or data. by Bank of Indonesia.

Article 13

(1) The Bank of Indonesia conducts oversight of any party's compliance in carrying out Rupiah usage obligations as referred to in Article 2 of the paragraph (1) and the obligations of the price of goods And/or services as referred to in Article 11.

www.peraturan.go.id

2015, No. 707

(2) In conducting surveillance as referred to in paragraph (1), Bank Indonesia is a variety of ways among others as follows:

a. ask for reports, captions, data, and/or supporting documents, with or without involving related agencies;

b. perform direct supervision of each party; and/or

c. appoint other parties to conduct research in order of supervision of each party's compliance.

BAB VII

OTHER provisions

Article 14

The event is:

a. a foreign exchange exchange performed by the organizer of a foreign exchange exchange activity in accordance with the rules of the invitation-invitation; and

b. the default of foreign paper money into or outside the customs territory of the Republic of Indonesia performed in accordance with the laws,

not categorized as a transaction that is mandatory using Rupiah as referred to in Article 2 verse (1).

Article 15

In implementing this Bank Indonesia Regulation Bank Indonesia may conduct coordination and cooperation with other parties.

Article 16

In case there is a problem for the perpetrators of the effort with the characteristic Certain related to the performance of the Rupiah obligation for the noncash transaction as referred to in Section 3 of the paragraph (1) letter b, Bank of Indonesia may take certain policies by keeping an eye on the obligations of the Rupiah as well as the set in this Bank Indonesia Regulation.

BAB VIII

SANCTION

Article 17

Against the top offense:

www.peraturan.go.id

2015, No. 70 8

a. Rupiah's use of the Rupiah obligation for cash transactions as referred to in Section 3 of the paragraph (1) of the letter a; and/or

b. The run against Rupiah as referred to in Article 10,

applies to the criminal provisions as referred to in Article 33 of the Law No. 7 of 2011 on Currency.

Article 18

(1) The violation of the obligations of use The rupiah for non-cash transactions as referred to in Article 3 of paragraph b (1) letter b is imposed on administrative sanction:

a. written reprimand;

b. obligation to pay; and/or

c. the prohibition to participate in the payment traffic.

(2) the sanction of the pay liability as referred to in paragraph (1) the letter b is set at 1% (one percent) of the transaction value, with the number of obligations pay at most Rp1,000.000.00 (one billion rupiah).

Article 19

The violation of the inclusion obligations of the price of goods and/or services in Rupiah as contemplated in Section 11 and the obligation of delivery of the report, description, and/or data as referred to in Section 12 of the paragraph (2) the administrative sanction is a written reprimand.

Article 20

In addition to wearing administrative sanctions as referred to in Article 18 of the paragraph (1) and Article 19, the Bank of Indonesia may recommend to the authority authorized to conducting action in accordance with its authority.

BAB IX

provisions TRANSITION

Article 21

(1) The written agreement regarding payment or settlement of the obligations in a foreign exchange other than the written agreement referred to in Section 10 of the paragraph (3) made prior to July 1, 2015, is applicable To the end of the written agreement.

(2) The written agreement referred to in paragraph (1) applies only to a written agreement regarding payment or settlement

www.peraturan.go.id

2015, No. 709

obligations in the foreign exchange for non-cash transactions as referred to in Section 3 of the paragraph (1) letter b.

(3) The and/or changes to the written agreement as referred to in paragraph (1) must be subject to this Bank of Indonesia Regulation.

BAB X

CLOSING provisions

Section 22

Further provisions of The Regulation of the Bank of Indonesia is set in the Indonesian Bank Circular Letter.

Article 23

The provisions of Rupiahm's obligation of use for non-cash transactions as referred to in Section 3 of the paragraph (1) letter b entered into force on 1 July 2015.

Article 24

The Bank of Indonesia Regulation is beginning to take effect on the date of the promulcity.

For everyone to know it, ordered the invitation of the Regulation of the Bank of Indonesia with its placement in the Republic of the Republic Gazette. Indonesia.

Specified in Jakarta on 31 March 2015

GOVERNOR OF THE BANK OF INDONESIA,

AGUS D.W. MARTOWARDOJO

PROMULGATED IN JAKARTA ON 31 MARCH 2015

MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC INDONESIA,

YASONNA H. LAOLY

www.peraturan.go.id