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SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 182, 1998 | (Explanation in Additional State Sheet Indonesia Republic Number 3790) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 10 YEAR 1998
ABOUT
THE CHANGES TO THE LAW NUMBER 7 IN 1992
ABOUT BANKING
WITH THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that national development is a continuous development effort in order to realize the equitable and prosperous Indonesian society based on Pancasila and the Basic Law of 1945;
B. That in the face of the development of the national economy that is constantly moving fast, competitive, and integrated with increasingly complex challenges as well as a growing financial system, a need for policy adjustment in the economy, Includes:
c. that in entering the era of globalization and by having been ratified several international agreements in the areas of trade goods and services, required adjustments to the laws in the areas of the economy in particular the Banking sector;
D. that based on consideration of the letter a, the letter b, and the letter c above, are viewed as necessary to amend the Law Number 7 of 1992 on Banking with the Uninvited;
Remembering: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), Article 23, and Article 33 of the Basic Law of 1945;
2.
Act Number 13 of 1968 about the Central Bank (State Sheet of 1968 Number 63, Additional Gazette State Number 2865);
With Approval
REPRESENTATIVES OF THE REPUBLIC OF INDONESIA
DECIDED:
SET: LEGISLATION ON THE CHANGES TO 1992 ' S NUMBER 7 LAW ON BANKING.
Section 1
Changing some of the provisions in the Law Number 7 of 1992 on Banking as follows:
1. The provisions of Article 1 are amended, so that Article 1 is all reads as follows:
" Article 1
In this Act referred to:
1. Banking is everything that concerns the bank, includes institutional, business activities, as well as ways and processes in carrying out its efforts activities;
2. The bank is a body of enterprise that raises funds from the public in the form of a mistress and channel it to the public in the form of credit and or other forms in order to increase the life of the people's lives;
3. The General Bank is a bank that carries out conventional business activities and or based on the Syariah Principles which in its activities provide services in the payment traffic;
4. The People ' s Credit Bank is a bank carrying out conventional business activities or based on the Syariah Principles that in its activities do not provide services in the payment traffic;
5. Deposit is a fund that is entrusted by the public to the bank under a fund-storage agreement in the form of giro, deposits, deposit certificates, savings and or any other form equated with it;
6. Giro is a mistress whose account can be performed at any time by using a check, bilyet giro, other means of payment orders, or with a bookkeeping;
7. Deposito is a mistress whose interest can only be performed at a given time based on the Nasabah Savings agreement with the bank;
8. Deposito ' s certificate is a mistress in the form of deposits that certificate of proof of storage proof can be transfered;
9. The Savings is a mistress whose interest can only be performed according to certain agreed terms, but cannot be drawn with a check, bilyet giro, and or any other device that is equated with it;
10. Valuable mail is a debt recognition letter, wesel, bond stock, credit securities, or any derivative, or any other interest, or an obligation from the issuer, in a form commonly traded in the capital markets and money markets;
11. Credit is the provision of money or a bill that can be equated with it, based on approval or a loan agreement between banks with other parties requiring the borrower to pay off its debt after the term certain with interest-giving;
12. Financing based on the Syariah principle is the provision of money or bills that are equated with it under agreement or agreement between banks and other parties that require the party financed to return the money or bill. those after a certain period of time in return or for the result;
13. Sharia principle is the rule of agreement under Islamic law between banks with other parties to save funds and or financing of venture activities, or other activities expressed in accordance with sharia, among other financing based on the principle of the outcome (mudharabah), the financing based on the principle of capital inclusion (musharakah), the principle of selling goods by acquiring the benefits (murabahah), or the financing of capital goods based on the principle of pure rent without choice (ijarah), or with the option of transfer of ownership of the goods leased from the bank by other parties (ijarah wa iqtina);
14. Penitiate is the storage of the property under the agreement or contract between the General Bank and the penitiate, provided the General Bank is not entitled to ownership of the property;
15. Guardians of the Amanat is an effort that the General Bank can do to represent the interests of valuable mail holders under the agreement between the General Bank and the emiten of valuable letters;
16. Nasabah is a party using the services of the bank;
17. The storage service is a customer who puts funds in the bank in the form of a savings based on the bank agreement with the relevant customers;
18. Nasabah Debitur is a customer who acquires a credit or financing facility based on the Syariah Principles or which is equated with it based on the bank agreement with the relevant customer;
19. Branch Office is the bank office directly responsible to the bank ' s head office concerned, with the address of a clear venture where the branch office conducts its efforts;
20. The Bank of Indonesia is the Central Bank of the Republic of Indonesia as referred to in the Act of force;
21. The leadership of the Bank of Indonesia is the leader as referred to in the Act of applicable;
22. The Registered Party is:
a. member of the Board of Commissioners, supervisors, directors or its power, officials, or bank employees;
B. A member of the administrator, supervisor, manager or manager, officer, or bank employee, specifically for the bank in the form of a cooperative law in accordance with the applicable laws;
c. the party that provides its services to the bank, among other public accountants, assessors, legal consultants and other consultants;
The parties that the Bank of Indonesia's assessment may have contributed to the management of the bank, among other shareholders and their families, the Commissioners, the supervisors, the family of directors, the caretaker's family;
23. The Shogunate is an additional guarantee that Nasabah Debitur submitted to the bank in order to provide credit or financing facilities based on the Syariah Principles;
24. Repository Guarantee Institute is the legal entity that organizes the activities of the copying of Nasabah's stash through insurance skim, buffer funds, or any other skim;
25. Merger is a merger of two or more banks, by keeping the establishment of one of the banks and dissolving other bankbanks with or without liquidation;
26. Consolidation is a merger of two or more banks, by keeping the establishment of one of the banks and dissolving other banks by or without liquidation;
27. The acquisition is a takeover of a bank;
28.Confidential Bank is everything related to the description of its storage and its deposits. "
2. The provisions of Section 6 of the letter k are deleted.
3. The provisions of section 6 of the letter m are changed, so that Article 6 of the letter m becomes the following:
" Section 6
M. provide financing and or conduct other activities based on the Syariah Principles, in accordance with the provisions set out by the Bank of Indonesia. "
4. The provisions of Article 7 of the letter c, so Article 7 of the letter c becomes the following reads:
" Section 7
c. perform temporary capital inclusion activities to address the result of credit failure or financing failure based on the Syariah Principles, with the condition having to withdraw its inclusion, by meeting the provisions set by the Bank Indonesia; and "
5. The provisions of Article 8 are amended, so that Article 8 is entirely read as follows:
" Section 8
(1) In providing credit or financing of Sharia Principles, the General Bank must have confidence based on a deep analysis of the faith and ability and the ability and ability of the Debitur Nasabah to pay off its debt or return it. The financing is meant to be as promised.
(2) The General Bank shall have and implement the percrediting guidelines and financing under the Syariah Principles, in accordance with the provisions set forth by the Bank of Indonesia. "
6. Terms of Section 11 paragraph (1) and paragraph (3) are changed, as well as add a new paragraph between the verses (4) and the paragraph (4A), so that Article 11 (1), paragraph (3), and paragraph (4A) shall be the following:
" Section 11
(1) The Bank of Indonesia sets out provisions regarding the maximum limit of giving credit or financing under the Syariah Princible, granting assurances, posting of valuable mail investments or other similar things, which the Bank may do to The borrower or a group of associated borrowers, including to the company ' s companies in the same group as the bank in question.
(3) The Bank of Indonesia sets out provisions regarding the maximum limit of granting of credit or financing under the Syariah Princible, granting assurances, posting of valuable mail investments, or other similar things that the bank may do to:
a. shareholders who own 10% (ten perhundred) or more of the bank ' s paid capital;
B. member of the Commissioners;
c. members of the Directors;
D. families of the parties referred to in the huhruf a, the letter b, and the letter c;
e. other bank officials; and
f. The company's companies are in the interest of pihakparties as referred to in letters a, letter b, letter c, letter d, and letter e.
(4A) In giving credit or financing under the principle of Sharia, the bank is prohibited beyond the maximum extent of the granting of credit or financing under the Syariah Principles as set out in paragraph (1), paragraph (2), paragraph (3), and paragraph (4). "
7. The provisions of Article 12 are amended, so that Article 12 is entirely the following reads:
" Section 12
(1) In order to support the implementation of the people's life rate improvement program through cooperative empowerment, small and medium enterprises, the joint Government of Indonesia Bank can do cooperation with the General Bank.
(2) The provisions of cooperation with the General Bank as referred to in paragraph (1) are governed further with the Government Regulation. "
8. Add to new provisions between Article 12 and Section 13 as Section 12A, which reads as follows:
" Section 12
(1) The General Bank may purchase some or all collateral, either through auction and beyond the auction based on voluntary surrender by the collateral owner or by the power to sell outside the auction of the owner of the collateral in terms of the The Debitur Nasabah does not fulfill its obligations to the bank, with the collateral provision purchased it is required to be thawed immediately.
(2) The provisions of the order of collateral purchase and its obscenity as referred to in paragraph (1) are further regulated by the Government Regulation. "
9. The provisions of Article 13 of the letter c are changed, so that Article 13 of the letter c becomes the following reads:
" Section 13
c. provide financing and funding placements based on the Syariah Principles, in accordance with the provisions set out by the Bank of Indonesia. "
10. The provisions of Article 16 are amended, so that Article 16 is entirely read as follows:
" Section 16
(1) Any party that performs the activities of raising funds from the public in the form of a compulsory mistress shall obtain a business permit as a General Bank or the People's Credit Bank of the Bank of Indonesia, unless activities are raised The funds from society are meant to be governed by their own legislation.
(2) To obtain the Public Bank and People's Crediting Banks as referred to in paragraph (1), it is required to fulfill its security requirements about:
a. alignment of the organization and its business;
B. The application;
C. entitlement;
D. expertise in the field of Banking;
e. feasibility of a work plan.
(3) The requirements and procedures of the bank licensing as referred to in paragraph (2) are set by the Bank of Indonesia. "
11. The provisions of Article 17 are deleted.
12. The provisions of Article 18 are amended, so that Article 18 is entirely beeping as follows:
" Article 18
(1) The opening of the General Bank branch office can only be done with the Bank of Indonesia ' s Leadership permission.
(2) The opening of branch offices, representative offices, and other types of offices abroad of the General Bank can only be done with the Indonesian Bank Leadership permission.
(3) The opening of an office under the General Bank branch office is required first to the Bank of Indonesia.
(4) The requirements and governance of the General Bank office as referred to in paragraph (1), paragraph (2), and paragraph (3) is set by the Bank of Indonesia. "
13. The provisions of article 19 are amended, so section 19 is entirely read as follows:
" Article 19
(1) The opening office of the People 's Bank Percreditan office can only be done with the Bank of Indonesia' s permission permit.
(2) The requirement and order of the opening of the People's Crediting Bank Office as referred to in paragraph (1) is set by the Bank of Indonesia. "
14. The provisions of Article 20 paragraph (1) are changed, so that Article 20 paragraph (1) becomes the following reads:
" Section 20
(1) The opening of a branch office, the office of the assistant branch, and the representative office of a bank based abroad, can only be done with the Indonesian Bank of Indonesia's permission. "
15. The provisions of Article 21 paragraph (1) are amended, so that Article 21 paragraph (1) becomes the following reads:
" Article 21
(1) The legal form of a General Bank may be:
a. Limited Liability;
B. Cooperatives; or
C. County Company. "
16. The provisions of Article 22 are amended, so that Article 22 is entirely a buzzer as follows:
" Article 22
(1) The General Bank may only be established by:
a. Indonesian citizens and or Indonesian legal entities; or
B. Indonesian citizens and or Indonesian legal entities with foreign nationals and or foreign legal entities in partnership.
(2) The provisions of the establishment requirements are subject to the nature of the parties as referred to in paragraph (1) set forth by the Bank of Indonesia. "
17. The provisions of Article 26 are amended, so that Article 26 is entirely the following reads:
" Article 26
(1) The General Bank can do stock emissions through the stock exchange.
(2) Indonesian nationals, foreign nationals, Indonesian legal entities and or foreign legal entities can purchase General Bank shares, either directly and or through the exchange of securities.
(3) The implementation of the provisions as referred to in paragraph (2) is set further with the Government Regulation. "
18. The provisions of Article 27 are amended, so Article 27 entirely reads as follows:
" Article 27
Mandatory bank ownership changes:
a. comply with the provisions referred to in Article 16 of the paragraph (3), Section 22, Section 23, Section 24, Section 25, and Section 26; and
B. reported to Bank Indonesia. "
19. The provisions of Article 28 paragraph (1) are amended, so that Article 28 of the paragraph (1) becomes the following reads:
" Section 28
(1) Merger, consolidation, and the mandatory acquisition first gets the Bank of Indonesia's leadership permission. "
20. The provisions of Article 29 are amended, so that Article 29 is entirely the case of the following:
" Article 29
(1) Coaching and supervision of the bank is carried out by Bank Indonesia.
(2) The bank is required to maintain the bank's health level in accordance with the provisions of capital, asset quality, quality of management, liquidity, rentability, solvency, and other aspects related to the bank's efforts, and must conduct business activities. In accordance with the principle of prucency.
(3) In giving credit or financing based on the Sharia Principles and conducting other business activities, the bank is required to pursue an event that does not harm the bank and the interests of the customer who entrust the funds to the bank.
(4) For the benefit of the customers, the bank is required to provide information about the possibility of the risk of loss with respect to the customer's transactions performed through the bank.
(5) The provisions required to be fulfilled by the bank as referred to in paragraph (2), paragraph (3), and paragraph (4) are set by the Bank of Indonesia. "
21. The provisions of Article 31 are amended, so that Article 31 is entirely the following:
" Article 31
The Bank of Indonesia conducts checks against the Bank, both periodically and at any time when necessary. "
22. Add to new provisions between Article 31 and Section 32 as Section 31A, which reads as follows:
" Article 31
The Bank of Indonesia can assign Public Accountants to and on behalf of the Bank of Indonesia carrying out an examination of the bank as referred to in Article 31. "
23. The provisions of Article 32 are deleted.
24. The provisions of Article 33 are amended, so that Article 33 is entirely beeping as follows:
" Article 33
(1) The bank examination report as referred to in Article 31 and Section 31A is confidential.
(2) The requirements and layout of the examination as referred to in Article 31 and Section 31A are designated by the Bank of Indonesia. "
25. The provisions of Article 37 are amended, so that Article 37 is entirely beeping as follows:
" Section 37
(1) In the event of a bank having trouble endangering its efforts, the Bank of Indonesia can do an action to:
a. shareholders add capital;
B. shareholders replace the Board of Commissioners and or the bank ' s Directors;
c. banks remove credit or financing based on the stalled Syariah Principles and take into account the bank ' s losses with its capital;
D. bank does a merger or consolidation with another bank;
e. bank is sold to a buyer willing to take over the entire liability;
f. The bank gives up management of all or part of the bank's activities to the other;
G. The bank sells a portion or whole property and or the bank ' s liability to the bank or any other party.
(2) If:
a. the action as referred to in paragraph (1) is not sufficient to address the difficulties facing the bank; and
B. According to the Bank of Indonesia's assessment, the state of a bank may compromise the banking system, the head of the Bank of Indonesia can revoke the bank's business permit and order the bank's board to immediately host a General Shareholders Meeting to dissolve the law of the bank and forming a liquidation team.
(3) In the case of the bank 's Board of Directors not hosting the Shareholders General Meeting as referred to in paragraph (2), the Bank of Indonesia' s Chairman asks the court to issue a designation containing the dissolution of the bank ' s legal body, the appointment of the Liquidation, and liquidation orders of liquidation in accordance with applicable laws. "
26. Add to 2 (two) new provisions between Article 37 and Section 38 being the Articles of 37A and Article 37B, each of which reads as follows:
" Section 37A
(1) If the Bank of Indonesia ' s assessment of Banking difficulties endangers the national economy, at the request of the Bank of Indonesia, the Government after consultation to the People's Representative Council of the Republic of Indonesia can form a body A temporary special in the framework of the Banking view.
(2) The special body as referred to in paragraph (1) conducts a vision program against the specified bankbank and is submitted to the intended body.
(3) In carrying out a health care program against the bank, a special entity as referred to in paragraph (1) has the authority referred to in Article 37 of the paragraph (1) as well as other powers that are:
a. take over and exercise any rights and authority of shareholders including the rights and authority of the Shareholders General Meeting;
B. take over and carry out all the rights and authority of the Board of the Bank;
C. control, manage and perform ownership of the c of a property or which is a bank's rights, including the wealth of the banks that are on any party, both at home and abroad;
D. revisit, cancel, terminate, and or amend a bank binding contract with a third party, which according to a special body consideration harms the bank;
e. sell or divert the wealth of the bank, its Directors, Commissioners, and certain shareholders within the country or abroad, either directly or through the public offering;
f. sell or assign a bank bill and or submit its traveler to other parties, without requiring a Debitur Nasabah agreement;
G. divert the management of wealth and or reuse the bank to other parties;
h. conduct temporary capital inclusion on the bank, directly or through a special body bill dilution into the inclusion of capital at the bank;
i. perform the bank's outstanding debt-debt with the issuer of the Surat Paksa;
J. conduct an oinder of the land and or building of the property or which is the right of a bank controlled by another party, either by itself or with the assistance of an authorized law enforcement state tool;
No, conduct research and examination to obtain any necessary information from and regarding the bank in the health care program, and any party involved or otherwise engaged, or aware of activities that cost the bank in the program. The view is:
I. Calculating and calculating the loss of the bank in question, and when the loss occurred due to the error or speed of the Board of Directors, Commissioners, and/or the IBM Program. stock holder, then such loss will be charged to the concerned;
M. establish the additional amount of capital required to be provided by the bank shareholders in the health care program;
N. perform other actions necessary to support the execution of the authority as referred to in the letter a up to the letter m.
(4) The action of Banking Health by a special body as referred to in paragraph (3) is legal under this Act.
(5) At the request of a special body as referred to in paragraph (1), the bank in the health care program is required to provide any information and explanation for its efforts including providing opportunity for the examination of the existing books and files To him, and obliged to provide the necessary assistance in order to obtain the information, documents, and explanations obtained by the intended bank.
(6) Pihakparties as referred to in paragraph (3) of the letter k shall provide the information and explanation requested by the special body.
(7) The special body as referred to in paragraph (1) is required to submit an activity report to the Finance Minister.
(8) If according to the Government ' s assessment, the special body has completed its duties, the Government declared the termination of the special entity;
(9) The provisions required for the implementation of this Section are further set up with the Government Regulation.
Section 37B
(1) Each bank is required to guarantee the public funds stored on the bank in question.
(2) To guarantee the saving of the public on the bank as referred to in paragraph (1) is set up to the Safe Guarantee Institution.
(3) The Service of Storage Guarantees as referred to in paragraph (2) is the form of Indonesian legal entity.
(4) The provisions of the guarantor of the public funds and the Institution of Storage Guarantee, are further regulated by the Government Regulation. "
27. The provisions of Article 40 are amended, so that Article 40 is entirely read as follows:
" Section 40
(1) The Bank of Wajib concede the description of the Nasabah Repository and its deposits, except in the case referred to in Article 41, Section 41A, Article 42, Section 44, and Section 44A.
(2) The terms referred to in paragraph (1) apply also to the Affiliated Party. "
28. The provisions of Article 41 paragraph (1) are amended, so that Article 41 of the paragraph (1) shall be read as follows:
(1) In the interest of taxation, the Chairman of the Bank of Indonesia at the request of the Minister of Finance authorized to issue a written order to the bank to provide a description and show the evidence written and letters of letters about the financial situation "A certain save to a tax official."
29. Add to the new provisions between Article 41 and Section 42 as Section 41A, which reads as follows:
" Section 41A
(1) For the completion of the bank debt which is already submitted to the Board of Debt Affairs and the State Lelang/Panitia Affairs Pidebt State, the Chairman of the Bank of Indonesia gives permission to the officials of the Board of Debt and State Lelang/Panitia Pideban Affairs State to obtain information from banks regarding the savings of the Nasabah Debitur.
(2) The permit as referred to in paragraph (1) is given in writing at the written request of the Head of the Board of Debt and State Lelang/Chairman of the State Committee of Debt Affairs.
(3) The request as referred to in paragraph (2) must specify the name and office of the official of the Board of Debt Affairs and the State Lelang/Committee of State Debt Affairs, the name of Nasabah Debitur in question and
30. The provisions of Article 42 are amended, so that Article 42 is entirely beeping as follows:
" Section 42
(1) For judicial purposes in a criminal case, the Chairman of the Bank of Indonesia may give permission to the police, prosecutors, or judges to obtain a statement from the bank regarding the mistress or defendant's mistress to the bank.
(2) The permit as referred to in paragraph (1) is given in writing at the written request of the Chief polysists of the Republic of Indonesia, the Attorney General, or the Chief Justice.
(3) The request as referred to in paragraph (2) must mention the name and position of the police, prosecutor, or judge, the name of the suspect or the defendant, the reason for his description and the relation of the criminal matter concerned with the caption necessary. "
31. Add new provisions in between Article 42 and Section 43 as Section 42A, which reads as follows:
" Article 42
The bank is required to provide a description as referred to in Article 41, Section 41A, and Article 42. "
32. Add to the new provisions between Article 44 and Section 45 as Section 44A, which reads as follows:
" Section 44A
(1) At the request, consent or power of the Stored Storage which is made in writing, the bank is required to provide a description of the storage of the bank in question to the party appointed by the Customer's Nasabah.
(2) In the case of the Nasabah to the death of the world, the rightful heir of the Nasabah the perp is entitled to obtain a description of the storage of his Nasabah. "
33. The limitations of Article 46 paragraph (1) are changed, so that Article 46 of the paragraph (1) becomes the following reads:
(1) Whoever sets up funds from the public in the form of a mistress without the permission of the Bank of Indonesia as referred to in Article 16, threatened with a prison criminal of at least five years and at most 15 (fifteen) The year and its security fines are Rp 10,000.000.000.00 (ten billion rupiah) and most Rp 20,000.000.00 (twenty billion rupiah). "
34. The provisions of Article 47 are amended, so that Article 47 is entirely the case of the following:
" Article 47
(1) Whoever does not carry the written command or permission of the Bank of Indonesia as referred to in Article 41, Section 41A, and Section 42, intentionally forcing the bank or the Affiliated Party to provide the description as referred to In Article 40, it is threatened with a prison criminal of at least two years and the longest of four (four) years as well as a fine of at least Rp 10,000.000.00 (ten billion rupiah) and at most Rp 200,000.000.00 (two hundred billion rupiah).
(2) Member of the Board of Commissioners, Directors, bank employees or other affiliated parties who intentionally provide an undisclosed description according to Article 40, threatened with a prison criminal of at least two years as well as the security of the securer. Rp 4,000.000.00 (four billion rupiah) and at most Rp 8,000.000.00 (eight billion rupiah). "
35. Add new provisions between Article 47 and Section 48 as Article 47A, which reads as follows:
" Article 47A
Members of the Board of Commissioners, Directors, or bank employees who intentionally do not provide the required description as referred to in Article 42A and Article 44a, threatened with a prison criminal at least two years and at most 7 (seven) a year and a fine of the security of Rp4,000.000.00 (four billion rupiah) and the most Rp15,000.000.00 (fifteen billion rupiah). "
36. The provisions of Article 48 are amended, so that Article 48 is entirely a buzzer as follows:
" Article 48
(1) Member of the Board of Commissioners, Directors, or bank employees who intentionally do not provide the required information as referred to in Article 30 of the paragraph (1) and the paragraph (2) and Article 34 of the paragraph (1) and paragraph (2), threatened with prison criminal At least ten years, at least ten years, and a fine of the security of Rp5,000.000.00 (five billion rupiah) and at most Rp100.000.000.00 (one hundred billion rupiah). "
(2) Member of the Board of Commissioners, Directors, or bank employees who are negligand of providing the required information as referred to in Article 30 of the paragraph (1) and the paragraph (2) and Article 34 of the paragraph (1) and the paragraph (2), threatened with the criminal confinement At least two years, at least two years, and a fine of the security at Rp 1,000.000.00 (a billion rupiah) and at most Rp 2,000.000.00 (two billion rupiah). "
37. The provisions of Article 49 are amended, so that Article 49 is entirely read as follows:
" Article 49
(1) Member of the Board of Commissioners, Directors, or bank employees purposefully:
a. create or cause false records in the books or in the report process, as well as in documents or reports of business activities, transaction reports or bank accounts;
B. remove or not include or cause no logging in account or in a report, or in a document or business activity report, a transaction report or a bank account;
C. Alter, cache, hide, delete, or remove any records in the book or in the report, or in a document or report of an enterprise, a transaction report or a bank account, or intentionally change, Remove, remove, hide, or destroy the account of the ledger, threatened with a prison criminal at least five years and fifteen (fifteen) years and a fine of the security at Rp10,000.000.00 (ten billion). rupiah) and at most Rp200,000.000.00 (two hundred billion rupiah).
(2) Member of the Board of Commissioners, Directors, or bank employees on purpose:
a. requesting or accepting, authoring or approving to receive a reward, commission, extra money, service, money or valuable goods, for his personal gain or for the benefit of his family, in order to obtain or attempt. get for other people in acquiring the advance, warranty bank, or credit facility from the bank, or in the course of a purchase or disconsecration by the bank on the letter of the wesel, the letter of promes, cheques, and trade papers or any other proof of liability, or in order to grant consent for others to carry out the withdrawal of funds which exceeds its credit limit on the bank;
B. not carry out the necessary steps to ensure the bank's obedience to the provisions of this Act and the provisions of other laws applicable to the bank, threatened with a prison criminal at least 3 (three) the year and at the longest of eight (eight) years as well as a fine of the security of Rp5,000.000.00 (five billion rupiah) and at most Rp100.000.000.00 (one hundred billion rupiah). "
38. The provisions of Article 50 are amended, so that Article 50 is entirely beeping as follows:
" Article 50
Affiliated parties who intentionally do not carry out the steps required to ensure the duty of the bank to the provisions of this Act and other laws applicable to the bank, are threatened with criminal justice. The prison is at least three years old and eight years old as well as a fine of the security at Rp5,000.000.00 (five billion rupiah) and at most Rp100.000.000.00 (one hundred billion rupiah).
39. Add to the provisions of Article 50 and Section 51 as Section 50A, which reads as follows:
" Section 50A
Shareholders who intentionally instructed the Board of Commissioners, Directors, or bank employees to do or do not commit actions that resulted in the bank does not carry out the steps required to ensure bank ' s obedience to the the provisions of this Act and the provisions of other laws applicable to the bank, being threatened with a prison criminal of at least seven years and at least 15 (fifteen) years as well as the fine of the security. Rp10,000.000.00 (ten billion rupiah) and most Rp200,000.000.00 (two hundred billion rupiah). "
40. The provisions of Article 51 paragraph (1) are amended, so that Article 51 paragraph (1) becomes the following:
" Section 51
(1) Penal tindak as referred to in Article 46, Article 47, Article 47A, Article 48 of the paragraph (1), Article 49, Article 50, and Article 50A is a crime. "
41. The provisions of Article 52 are amended, so that Article 52 is entirely read as follows:
" Section 52
(1) By not reducing the criminal provisions as referred to in Article 47, Article 47A, Article 48, Article 49, and Section 50A, the Bank of Indonesia may establish administrative sanctions to banks that do not fulfill its obligations as intended in This Act, or the Chairman of the Bank of Indonesia may revoke the permit of the bank ' s efforts in question.
(2) administrative sanctions as referred to in paragraph (1), among others are:
a. a fine of money;
B. written reprimand;
c. decrease the bank ' s health level;
D. the ban for taking part in clearing activities;
e. freezing of certain business activities, whether for a specific branch office or for the bank as a whole;
f. the bank manager's removal and further appoints and appoints a temporary replacement until the Shareholders ' General Meeting or the Koperative Meeting appoints a replacement that remains with the approval of the Bank of Indonesia;
G. The inclusion of members, administrators, bank employees, shareholders in the list of reprehension in the field of Banking.
(3) The further implementation of administrative sanctions is set by Bank Indonesia. "
42. The provisions of Article 55 are amended, so that Article 55 is entirely the case of the following:
43. Add new provisions in between Article 59 and Section 60 as Section 59A, which reads as follows:
1. By the enactment of this Act, the Regulation on Crediting Efforts Organized By Kelurahan In The Area Of The Duchy Of Paku Alaman (Rijksblaad Of The 1937 Nail Area Number 9), Is Declared To Be Unapplicable.
2. This Act goes into effect on the date of the invitation.
For everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
The national development that took place during this time was a continuous development effort in order to realize a fair and prosperous society based on Pancasila and the Basic Law of 1945. In order to achieve these objectives, the implementation of development must continue to pay attention to the versateness, sentry, and balance of various development elements, including economic and financial fields.
The development of this adult national economy shows a growing direction with regional and international economies which can be supported at the same time, and may have a less favorable impact. In the meantime, the development of the national economy is constantly moving rapidly with increasingly complex challenges. Therefore, there is a wide range of policy adjustments in the field of economics including the Banking sector so that it is expected to improve and maintain the national economy.
The Banking Sector which has a strategic position as an intermediation and support agency is a very decisive factor in the intended adjustment process. In connection with this, it is necessary to make improvements to the national banking system, which not only includes individual bank-level efforts, but also the overall health care of the Banking system. The efforts of national banking health are the joint responsibility of the Government, the bank itself and the bank of the bank's services. Such a joint responsibility can help maintain the health level of the national Banking so that it can play a maximum role in the national economy.
In order for the management and supervision of the bank to be effective, the authority and responsibility of the licensing of the bank, which was originally in the Minister of Finance, is becoming the Bank of Indonesia's authority so that the Bank of Indonesia has the authority to be effective. and complete responsibility for establishing the permissions, coaching and supervision of the bank as well as the imposition of sanctions against banks that do not comply with applicable banking regulations. As such, Bank Indonesia is the authority and responsibility to assess and decide the feasibility of establishing a bank and or opening of a branch office.
The principle of caution must be held, whereas the provisions of the bank's efforts need to be refined, especially with respect to the distribution of funds, including the increased role of Analysis on the Environmental Impact (AMDAL) for the company. scale and or at high risk.
The role of national banking needs to be improved according to its function in establishing and funneling public funds with more attention to the financing of national economic sector activities with priority to cooperatives, small entrepreneurs and middle, as well as various layers of society without discrimination so it will strengthen the national economic structure. Similarly, the bank needs to provide greater attention in improving the economic performance in the operating areas of each office.
In the meantime, the role of the bank that organizes activities based on the Syariah principle needs to be improved to accommodate the aspirations and needs of the community. Therefore, this Act provides a wider opportunity for the public to establish a bank that organizes business activities based on the Syariah Principles, including the granting of the opportunity to the General Bank to open offices. The branch specifically conducts activities based on the Shariah principle.
In order to improve the social control function of the Banking, the provisions of the Secret Bank which are closely covered must be revisited, the Secret Bank is meant to be one of the elements that each bank should have. the public trust agency that manages the community's funds, but not the entire aspect of the bank's work is a secret halhal.
In order to improve the performance of the national Banking, it is necessary for a time in order to temporarily address the issues of Banking facing this adult and more permanent as a Guarantee Institution. A mistress. In order to strengthen the banking institution as a public trust institution, regulations are required regarding the responsibility of shareholders who intentionally led to the disservice of the Banking provision with the threat of heavy criminal sanctions.
In accordance with the development of the above, with Indonesia's commitment in various international forums such as the World Trade Organization (WTO), Asia Pacific Economic Cooperation (APEC), and Association of South East Asian Nations (ASEAN) is required. various adjustments in the national Banking regulations include the opening of market access and non-discriminatory treatment of foreign parties. The efforts of liberalization in the field of banking are carried out in such a way that it can also improve the performance of the national election. Because of this, it needs to be given a greater opportunity for the foreign side to play a role in owning a national bank so that it remains a partnership with the national side.
In this relationship, it needs to be noticed by the laws relating to this Act, among other Acts 5 of 1962 on Regional Companies, Law Number 25 of 1992 of Percofeelings, Law Number 7 Year 1994 on Ratification Agreement Establishing Word Trade Organization, Law Number 1 of 1995 on Limited Perseroan, Law Number 8 of 1995 on Capital Market, Law Number 9 Year 1995 about Small Businesses, and Law No. 4 Taun 1996 on the Right of Stairs To The Land As Well As The Dirt On The Ground.
SECTION BY SECTION
Section I
Figure 1
Item 1 to Item 28
Pretty clear
Number 2
Pretty clear
Figure 3
Pretty clear
Section 6
Letter m
General banks that do conventional business activities can also conduct venture activities based on the Sharia Principles through:
a. establishment of a branch office or office under the new branch office, or
B. conversion of branch offices or offices under a branch office that performs business activities conventionally into an office that performs activities based on the Syariah Principles. In preparation for changes in the branch office, the branch office or office under the branch office that previously performed the business activities conventionally can first form its own units that carry out the activities based on The Shariah principle is within the bank's office.
The General Bank on the basis of Sharia Principles does not conventionally perform business activities.
The provisions set by the Bank of Indonesia include the following:
a. Bank products and products based on the Syariah Principosition;
B. establishment and duties of the Syariah Board of Supervisers;
C.requirements for the opening of a Branch Office conducting conventional business activities to conduct business activities based on the Syariah Principles.
Figure 4
Pretty clear
Article 7
Letter c
The provisions set forth by the Bank of Indonesia include the following:
a. Temporary capital inclusion by banks derived from the conversion of credit failures or financing failures based on the Syariah Principles on the company concerned;
B. a credit failure requirement or a financing failure based on the Syariah Princible that can be converted into a capital inclusion;
c. The inclusion of such capital is mandatory retracted if:
i) has exceeded the longest term 5 (five) years; or
(ii) the company has acquired a profit;
D. Such temporary disputes shall be removed from the bank's balance sheet, if in the most prolonged period of 5 (5) years, the bank has not yet managed to withdraw its inclusion;
e.reporting to the Bank of Indonesia regarding the inclusion of temporary capital by the Bank.
Number 5
Pretty clear
Article 8
Verse (1)
Credit or financing based on the Sharia principle provided by the bank is at risk, so that the bank should pay attention to the principle of crediting or financing based on a healthy Syariah principle. To reduce the risk, the guarantee of giving credit or financing based on the Sharia principle in the sense of belief in the ability and ability of the Debitur Nasabah to pay off its obligations in accordance with the promised factor is a factor. important to be noticed by the bank.
To obtain such confidence, before giving credit, the bank must conduct a careful assessment of the watak, capability, capital, agunan, venture prospects fund of Nasabah Debitur.
Given that agunan is one of the credit-giving elements, then when other unsurelements have been able to gain confidence in the ability of the Debitur Nasabah to return its debt, it can only be goods, projects, or bill rights. Which is financed with the credit concerned. Land whose ownership is based on law, and other similar lainates can be used as collateral. Banks are not obliged to ask for an agunan that is not directly related to the financed object, which is commonly known for an additional collateral.
In addition, the bank in giving credit or financing under the Syariah Principles should also pay attention to the results of the Analysis Regarding the Impact of the Environment (AMDAL) for large-scale companies and or high risk for the project being financed. Keep the neighborhood safe.
Verse (2)
The provisions set forth by the Bank of Indonesia include the following:
a. giving credit or financing under the Syariah Principles is made in the form of a written agreement;
B. The bank must have confidence in the Nasabah Debitur's capabilities and capabilities which are among others obtained from careful assessment of the watak, capability, capital, agunan, and venture prospects of the Debitur Nasabah;
c. the bank ' s obligation to structure and establish a credit or financing procedure procedure based on the Syariah Principles;
D. the bank ' s obligation to provide clear information regarding the procedures and terms of credit or financing under the Syariah Principles;
e. the bank ' s ban on giving credit or financing based on the Syariah Principles with different requirements to the Nasabah Debitur and or affiliated pihak-states;
f. Dispute resolution.
Figure 6
Pretty clear
Article 11
Credit or financing based on the Syariah principle by the bank contains the risk of failure or congestion in its rollout, thus it can be influential to the health of the bank. Given that credit or financing is meant to be sourced from the public funds deposited at the bank, the risks facing the bank may have an effect on the security of the people's funds. Therefore, in order to maintain health and improve its durability, banks are required to spread the risk by regulating the distribution of credit or granting of financing under the principle of Sharia, granting assurances or other facilities in such a way. so it is not centered on the Debitur Nasabah or any particular Debitur Nasabah group.
Verse (1)
A group is a group of people or bodies that are related to their ownership, business, and or financial relationship.
Verse (3)
Letter a
Pretty clear
Letter b
Pretty clear
Letter d
The family in this provision is the relation of the family to the second degree both according to the straight line and to the side including the in-laws, son-in-law and in-law.
Letter e
Pretty clear
Letter f
Pretty clear
Verse (4A)
The ban is intended to provide credit or financing based on the Sharia principle, the bank applies a healthy crediting principle. The bank is declared to be committing a breach of this paragraph at the time of its release, the credit balance or financing it exceeds the maximum limit set by the Bank of Indonesia.
Figure 7
Pretty clear
Article 12
Verse (1)
In order to sum up the provisions of the principles, functions, and purposes of the implementation of the implementation of the implementation of the national development, as long as it does not conflict with the Bank of Indonesia.
Verse (2)
The provisions of the provisions set up further with the Government Regulation include:
a. The General Bank ' s obligation to channel credit or financing based on Sharia Principles to cooperatives, small and medium enterprises with easy and soft procedures and requirements;
B. Many people's life rate increases in terms of providing credit with low interest rates or financing based on the Shariah principle with low yield rates;
C. Its bunya subsidies or for the results are the burden of the State Revenue and Shopping Budget.
Figure 8
Pretty clear
Article 12
Verse (1)
The purchase of collateral by the bank through the auction was intended to assist the bank in order to accelerate the completion of its Debital Nasabah obligations. In terms of banks as a buyer of the Debitside Nasabah collateral, the status of the bank is the same as the buyer instead of other banks.
The bank is likely to buy agunan beyond the auction intended to accelerate the completion of its Debital Nasabah obligations.
The bank is not allowed to have collateral that he has bought and quickly has to be re-sold so that collateral sales can be used soon by the bank.
Verse (2)
The provisions of the provisions set up further with the Government Regulation include:
a. The agunan that the bank can buy is collateral that its credit has been categorized in traffic for a certain period of time;
B. The purchased collateral is required to be delayed in a one-year period;
C. Within a period of one year, the bank may suspend its obligations with respect to the transfer of rights to the respective rights in accordance with applicable laws.
Figure 9
Pretty clear
Article 13
Letter c
The People's Bank of Percreditan which carries out its efforts based on the Sharia principle is not allowed to perform conventional activities. Likewise, the People's crediting Bank of conventional business activities is not allowed to conduct activities based on the Shari'a Principles.
The provisions set by the Bank of Indonesia include the following:
a. Business activities and products of the bank based on the Syariah Principles;
b. Establishment and duties of the Syariah Supervising Board.
Figure 10
Pretty clear
Section 16
Verse (1)
The activity of raising funds from society by anyone is essentially an activity that needs to be watched, given in the activities the interests of the community are kept on the sides of the funds. In regard to it in this verse it is asserted that the activities of raising funds from the public in the form of a mistress may only be done by the parties who have obtained the consent of the business as the General Bank or as the People's Credit Bank.
However, in society there are also other types of institutions that also conduct fund-raising activities from the public in the form of a mistress or a sort of mistress, such as those performed by the post office, by pension funds, or by corporations. Insurance. It is not sufficient as a Banking-based activity based on the terms of this paragraph. The fundraising activities of the society by which the lembagalembaga are organized, are governed by its own laws.
Verse (2)
In the event of providing a business permit as a Public Bank and the People's Bank of Indonesia, the Bank of Indonesia in addition to regard to the fulfillment of the requirements as referred to in this paragraph, is also required to pay attention to the level of healthy competition between banks, levels the saturation of the number of banks in a particular region, as well as the unifying of national economic development.
Letter a
The General Bank is made possible for foreign affairs in accordance with the provisions of the applicable laws.
Letter b
Pretty clear
Letter c
The entitlement requirements are referred to as the number and the composition of the ownership of the foreign parties permitted in the General Bank.
Letter d
Pretty clear
Letter e
Pretty clear
Verse (3)
The provisions set forth by the Bank of Indonesia include the following:
a. the requirement to be a bank administrator among others concerns the expertise in the field of good Banking and conduite;
B. the prohibition of familial relations among the bank ' s caretaker;
c. The minimum paid capital for the establishment of the General Bank and the People ' s Credit Bank;
D. the maximum extent of ownership and the management;
e. work plan eligibility;
f. The bank ' s founding permit deadline.
Figure 11
Pretty clear
Number 12
Pretty clear
Article 18
Verse (1)
Pretty clear
Verse (2)
Pretty clear
Verse (3)
The office under the branch office includes the office of the assistant branch and the cash office. In order to comply with the provision of the Banking services, there is also possible opening of other types of offices under the branch office, e.g. payment point, car cash, and self-sufficient cash flow (ATM).
The first mandatory branch office plan was reported to Bank Indonesia.
Verse (4)
The provisions set by the Bank of Indonesia include the following:
a. bank health level requirement;
B. healthy competition level between banks;
c. saturation level the number of banks in a particular region;
D. national economic development alignment;
e. The deadline for granting an office opening permit is 60 (sixty) days after the request document is fully accepted;
f. Time limit and rejection grounds;
G. Office opening reporting deadline under the branch office.
Number 13
Pretty clear
Section 19
Verse (1)
In granting the office opening permit of the People's Credit Bank branch, the Bank of Indonesia in addition to regard to the fulfillment of the requirements as referred to in this paragraph, is also required to pay attention to the level of healthy competition between banks, the level of saturation. the number of banks in a particular region, as well as the national economic development alignment.
The opening of the office under the People ' s Bank branch office does not require permission. The plans for the opening of the office were meant to be first reported to Bank Indonesia.
Verse (2)
The provisions set by the Bank of Indonesia include the following:
a. The People ' s Bank Percreditan health care requirements;
B. healthy competition level between PercreditanRakyat;
c. saturation rate of the number of People ' s Crediting Bank Offices within a particular region;
D. national economic development alignment;
e. The deadline for granting an office opening permit is 60 (sixty) days after the request document is fully accepted;
f. Time limit and rejection grounds;
Figure 14
Pretty clear
Section 20
Verse (1)
In question, the overseas bank is a bank established under foreign law and is headquartered overseas. As such, the bank in question is subject to the law at the site of the bank established.
In granting the opening permits of the offices referred to, the Bank of Indonesia in addition to regard to the bank's health level also pays attention to the level of healthy competition between banks, the level of saturation of the number of bank offices in a particular region. as well as the national economic development alignment.
Figure 15
Pretty clear
Section 21
Verse (1)
Pretty clear
Number 16
Pretty clear
Article 22
Verse (1)
Letter a
In terms of Indonesian legal entities include the State of the Republic of Indonesia, the State-owned Enterprises, the Regional Owned Enterprises, the cooperative, and the privately owned enterprise.
Letter b
In the event one of the parties that will establish the General Bank is the foreign legal body, concerned first must obtain a recombiner from the monetary authority of the country of origin. The recommendation meant that the legal foreign legal entity had a good reputation and had never done any despicable conduct in the field of Banking.
Verse (2)
The provisions set by the Bank of Indonesia include the following:
a. share ownership;
B. document requirements to be met;
c. Financial condition of the potential bank founder.
Number 17
Pretty clear
Article 26
Verse (1)
The provisions in this paragraph are intended to strengthen the application structure, deployment of ownership, and improve the performance of the bank.
The stock emissions can be carried out through the stock exchange in Indonesia and or abroad.
Verse (2)
The provisions of this verse are intended to open up wider opportunities to various parties, both Indonesian and foreign to have the General Bank.
Verse (3)
The provisions of the provisions set up further with the Government Regulation include:
a. The shareholding requirement includes the financial condition of the potential bank owner;
B. The document requirements must be met.
Figure 18
Pretty clear
Section 27
Letter a
Pretty clear
Letter b
The planned transfer of ownership of the bank was to be reported first to the Bank of Indonesia. This reporting is intended to ensure that the transfer of ownership is done to the parties who meet the requirements as a bank owner.
The transfer of ownership of bank shares carried out through the exchange of securities is reported to the Bank of Indonesia if the ownership of a party through the exchange has reached a certain amount that could affect the course of managing the bank accordingly. with provisions set by the Bank of Indonesia.
Number 19
Pretty clear
Article 28
Verse (1)
In mergers, consumeration, and acquisitions, it is mandatory to avoid the centralization of economic power to a group in the form of monopolies that harms the public. Similarly mergers, mergers, and acquisitions are done, should not harm the interests of the nasabah.
Number 20
Pretty clear
Article 29
Verse (1), paragraph (2), and paragraph (3)
In this case, the (1) verse is the upayaupaya that is performed by designating regulations concerning institutional aspects, ownership, business, business activities, reporting, and other aspects related to activities. Bank operations.
The (1) view includes indirect surveillance primarily in the form of early surveillance through research, analysis, and evaluation of bank reports, and direct supervision in the form of followed checks. with the impromper fix.
In accordance with this, the Bank of Indonesia is authorized, responsible, and obligations in whole to undertake the coaching and supervision of the bank by taking a preventive or repressive measure of both preventive and preventive services.
In other parties, the bank is required to have and implement an internal surveillance system in order to ensure a decision-making process in the management of a bank that is in accordance with the principle of prucency.
Given the bank is mainly working with funds from the public deposited at the bank on the basis of trust, each bank needs to continue to maintain its health and maintain its community trust in it.
Verse (4)
The provision of information about the possibility of loss of customer losses is intended to allow access to information about the business activities and conditions of the bank becoming more open that is at once a guarantee of transparency in the world. Banking.
Such information may contain the state of the bank, including the adequates of capital and the quality of the assets.
If such information has been provided, the bank is deemed to have exercised this provision. Such information needs to be provided in terms of the bank acting as an intermediary to the fund placement of the nasabah, or the purchase/sale of a valuable letter to the defieve and on the order of the nasts.
Verse (5)
The provisions set by the Bank of Indonesia include the following:
a. the scope of the coaching and supervision;
B. health level assessment criteria;
c. principles of caution in management;
D. information granting guidelines to the customers.
Figure 21
Pretty clear
Article 31
It is basically an examination conducted by the Bank of Indonesia, which is regularly held at least once a year for each bank. In addition, the examination can be performed at any time if it is seen necessary to convince the results of indirect surveillance and if there is any indication of adabsence from the health of the healthy Banking practice.
Against the finances of a country managed by a bank, the Financial Examiner ' s Agency may conduct an examination on the concerned bank.
Figure 22
Pretty clear
Section 31A
The examination of the bank conducted by the Public Accountant is a local examination which is a form of the charge of the Bank of Indonesia's authority as the authority of the bank and the bank supervisor.
Figure 23
Pretty clear
Figure 24
Pretty clear
Section 33
Verse (1)
Pretty clear
Verse (2)
The provisions set by the Bank of Indonesia include the following:
a. the prodedur type, and the scope of the examination;
B. the term and reporting of the results of the examination;
c. follow-up check results.
Number 25
Pretty clear
Section 37
Verse (1)
The state of the bank is said to be having trouble endangering its efforts if based on Bank Indonesia's assessment, the bank's condition is worsening, among others marked by the decline of the application, the quality of the liquidity assets and the rentability, as well as the bank ' s undone management based on the principle of prucency and healthy Banking principles.
In this paragraph, the steps of the bank are in the way of a bank, which is in distress and endangering the continuity of its efforts, in order to avoid the revocation of its business permit and its liquidity as referred to in the paragraph. (2).
The steps are meant to be done in order to maintain/save the bank as a community trust institution.
In question, the parties outside of the bank are concerned, whether other banks, other businesses or individuals who meet the requirements.
Verse (2)
The criterion of endangering the banking system is that if the level of difficulty experienced in conducting business activities, a bank is unable to fulfill its obligations to other banks, so that in turn will cause a chain impact to the Another bank bank.
Verse (3)
Pretty clear
Figure 26
Pretty clear
Section 37A
Verse (1) and Verse (2)
In question, the banking difficulties that jeopardised the national economy is a condition of the banking system that the Bank of Indonesia's assessment of the people's trust crisis affects on Banking which has an impact on life-making. a lot of people.
This requires a direct role from the Government to nod it through policies and actions that impact the State Budget and Shopping Budget.
In view of the above, in terms of the establishment of a special body as referred to in paragraph (1), the Government requires consultation with the People's Representative Council of the Republic of Indonesia. The consultation was conducted with the Commission that was financing finance and banking to obtain approval.
The special body is referred to by the Presidential Decree and is responsible to the Minister of Finance.
The special entity referred to in this provision is temporary until the completion of the task given to this body is:
a. bank view submitted by Bank Indonesia;
B. the completion of the bank assets both physical assets and debtors ' obligations through the Asset Management Unit;
(c) The repayment of a country's refunds that has been salued to the bank.
Verse (3)
Letter a
With the acquisition of any rights and authority of shareholders including the rights and authority of the General Meeting of the Shareholders, the special body can do the management and business of the bank in the health care program, subsequently all rights and privileges Shareholders including the rights and authority of the bank shareholders ' General Meeting in the health care program became a switch to a special body.
Letter b
Pretty clear
Letter c
With this provision the special body can master, manage and perform the ownership act as it does as an owner.
Letter d
In the event of a review, cancellation, termination, and or contract changes by such special entity cause a loss for a party, such parties may only demand a replacement that does not exceed the value of the benefits it has obtained. from the contract referred to after first proving it real and clearly the loss he had.
Letter e
The sale or diversion of wealth by a special body is followed by the return of the right of hatred to the buyer. The buyer thus gains the legal certainty of the right to the wealth.
The sale or diversion may be performed directly or through the offering directly or through a public offering to obtain the best price.
Letter f
Other parties under this section are individuals, State-owned Enterprises, private enterprise entities, or other legal entities.
The letter g
Pretty clear
Letter i
According to this provision of bank debt against a third party, a special body may perform a debt billing action with the issuer of the Surat Paksa, based on the account of the debtor's money in question at the time. The bank is in the vision program.
This forced letter of the word "for justice based on the divinity of the Almighty" has the same executorial powers and legal standing as the court ruling that has a fixed legal force. In the event of an act of invoking debt is not indebted by the debt, a special body can commit forfeiture on the property of the owed party, and then it may conduct an auction of the property owed in order. The return of the debt is The impounded possessions include household supplies, books, and work equipment for the survival of the owed ones. Although this particular body is given the authority to undertake forced billing, the implementation of the implementation continues to pay attention to the legal and judicial aspects of certainty.
The letter j
Pretty clear
Letter k
To acquire the intended caption, the special body may request the assistance of the authorized law enforcement state tool.
Whether or not any party is Affiliated or otherwise involved, including the legal entity owned by the bank or affiliated parties.
Letter l
The loss in question may be caused by an unnatural transaction involving the bank in this program.
Unnatural transactions among others:
a. Transactions that benefit certain parties are unlawfully;
B. Transaction-a transaction that is a result of a negotiation between an unaffiliated party; or
The transaction that resulted in the bank received a value that was not worth the value released or submitted by the bank.
Letter m
Pretty clear
Letter n
Other measures referred to include forming a division within a special body or forming and or conducting capital disputes within a legal entity.
Verse (4)
The legal efforts made by any party do not prevent or delay the exercise of legal action carried out by the special entity as referred to in this Article. In terms of the legal effort issued a court ruling that has had a fixed legal force (in kracht) of any such party, the special body is obliged to comply with the court's ruling.
Verse (5)
Pretty clear
Verse (6)
Pretty clear
Verse (7)
Pretty clear
Verse (8)
I'm clear.
Verse (9)
The provisions of the provisions set further with the Government Regulation include it:
a. establishment of a special body;
B. budget and special body expenses;
c. set the way of the bank's receivable billing in the vision program;
D. set the capital ' s way of inclusion for a while;
e. dissolution;
f. The bank's layout of the way.
Section 37B
Verse (1)
Pretty clear
Verse (2)
The establishment of the Guarantor Agencies is required in order to protect the interests of the nasabah and simultaneously increase the trust of the people to the bank.
In hosting a public fund's deposit at the bank, the Visible Market is able to use:
a. skim funds together;
B. the insurance skim; or
The other c.skim approved by the Bank of Indonesia.
Verse (3)
Pretty clear
Verse (4)
The provisions of the provisions set further with the Government Regulation include it:
a. establishment of the Handsome Guarantee Institute;
B. organization structure;
c. Editing skim options;
D. Bank obligations to become members.
Figure 27
Pretty clear
Section 40
In the event of a bank account is a storage service which is also the Nasabah Debitur, the bank is required to keep the description of the nasabah in its position as Storage Nasabah.
The description of the clients other than as a repository for saving, is not a bank-undisclosed description.
For banks conducting activities as a capital market support agency, e.g. banks as custodians and or Wali Amanat, subject to the provisions of the capital market.
Verse (2)
Pretty clear
Figure 28
Pretty clear
Section 41
Verse (1)
Pretty clear
Figure 29
Pretty clear
Section 41A
Verse (1)
Pretty clear
Verse (2)
Pretty clear
Verse (3)
Pretty clear
Number 30
Pretty clear
Article 42
Verse (1)
The word may be intended to provide an affirmation that permission by the Bank of Indonesia to be given along such requests has fulfilled the provisions as referred to in paragraph (3).
Verse (2)
The granting of permits by the Bank of Indonesia must be done as late as 14 (fourteen) days after the document request was received in complete.
Verse (3)
Pretty clear
Number 31
Pretty clear
Section 42A
Pretty clear
Number 32.
Section 44A
Verse (2)
Pretty clear
Section 46
Verse (1)
Pretty clear
Paragraph 34
Section 47
Verse (1)
Pretty clear
Verse (2)
In question, the bank employees are all bank officials and employees.
Figure 35
Section 47A
Pretty clear
Number 36.
Section 48
Verse (1)
In question, bank officials are bank officials who are authorized and responsible for carrying out the operational duties of the bank, and employees who have access to information about the state of the bank.
Verse (2)
Pretty clear
Number 37
Section 49
Verse (1)
The bank's employees are all bank officials and employees.
Verse (2)
Letter a
In fact, the bank employees are all bank officials and bank employees.
Letter b
In question, bank officials are bank officials who have authority and responsibility about matters relating to the bank's concerned efforts.
Figure 38
Section 50
Pretty clear
Number 39.
Section 50A
Pretty clear
Number 40.
Section 51
Verse (1)
Do you not believe in what you have done? If it's just a violation. It is given that the bank is the institution that stores the funds that the people trust in it, so that it can result in the loss of public trust in the bank, which will essentially harm the bank or the bank. society, it needs to be always avoided.
Being classed as a crime, it is expected to be able to further form a high obedience to the provisions in this Act.
Regarding crimes committed by members of the Commissioners, Directors, or employees of the People's Credit Bank essentially apply the provisions of the penal sanction in Chapter VIII, given the nature of the criminal threat in effect. General.
Number 41
Section 52
Verse (2)
Pretty clear
Verse (3)
The provisions set by the Bank of Indonesia include the following:
a. type of administrative sanction;
B. plan the implementation of administrative sanctions;
c. follow-up to the implementation of the administrative sanction;
D. supervision of the implementation of administrative sanctions.
Figure 42
Pretty clear
Section 55
Pretty clear
Figure 43
Pretty clear
Section 59A
The specific body referred to in this provision is temporary, with the special task of doing the steps necessary to the health of the national Banking.
The existing body is in order to make a banking health effort, still being able to perform a banking health service based on the Act.
Section II
Pretty clear.
