2025-01-09
Added · Updated
Otoritas Jasa Keuangan establishes regulatory authority and oversight for financial derivatives with underlying assets in the form of securities, including equity indices, traded securities, government bonds, and foreign stocks. The regulation mandates prior approval for all derivative products and defines specific eligibility and documentation requirements for market participants, such as commodity futures traders and brokers seeking to operate as financial derivative securities brokers or investment advisors. It outlines a 30-day review period for product approvals and prescribes administrative sanctions, including fines and license revocation, for non-compliance.
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PERATURAN OTORITAS JASA KEUANGAN
REPUBLIK INDONESIA
NOMOR 1 TAHUN 2025
TENTANG
DERIVATIF KEUANGAN DENGAN ASET YANG MENDASARI BERUPA EFEK
WITH THE GRACE OF GOD THE ALMIGHTY
THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY,
Considering:
a. that in order to implement the authority and duties of regulation and supervision over financial services activities in the capital market sector, financial derivatives, and carbon exchange, the Financial Services Authority has the authority to regulate and supervise commodities that are included in financial instruments serving as the subject of forward contracts, Sharia derivatives contracts, and/or other derivative contracts related to underlying assets in the form of securities; b. that the transfer of regulatory and supervisory duties over commodities that are included in financial instruments serving as the subject of forward contracts, Sharia derivatives contracts, and/or other derivative contracts from the Commodity Futures Trading Regulatory Agency to the financial sector authority must be completed fully within a maximum period of 24 (twenty-four) months;
c. that in order to implement the authority as referred to in letters a and b, a legal basis is needed for the Financial Services Authority to regulate and supervise products, market participants, and market infrastructure organizers of financial derivative markets that have obtained approval for licenses from the relevant authority or from the Financial Services Authority;
d. that based on the considerations as referred to in letters a, b, and c, it is necessary to establish a Financial Services Authority Regulation concerning Financial Derivatives with Underlying Assets in the Form of Securities;
Recalling:
DECIDING:
To establish:
FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING FINANCIAL DERIVATIVES WITH UNDERLYING ASSETS IN THE FORM OF SECURITIES.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
Article 2
(1) The Financial Services Authority has the authority to implement regulatory and supervisory duties over financial services activities in the capital market sector, financial derivatives, and carbon exchange. (2) The implementation of duties as referred to in paragraph (1) includes regulation and supervision for commodities that are included in financial instruments serving as the subject of forward contracts, Sharia derivatives contracts, and/or other derivative contracts related to Financial Derivatives with underlying assets in the form of Securities.
Article 3
The scope of regulation and supervision of Financial Derivatives includes:
a. Financial Derivative products; and b. Financial Derivative participants; and
c. the organization of Financial Derivative market infrastructure,
with underlying assets in the form of Securities.
CHAPTER II
FINANCIAL DERIVATIVE PRODUCTS
First Section
Types of Financial Derivative Products
Article 4
(1) Financial Derivative products as referred to in Article 3 letter a include:
a. forward contracts, Sharia derivatives contracts, and/or other derivative contracts with Underlying in the form of:
Second Section
Procedure for Approval of Financial Derivative Products
Paragraph 1
Approval of Financial Derivative Products
Article 5
Every Financial Derivative product as referred to in Article 4 paragraph (1) that is traded must obtain approval from the Financial Services Authority.
Paragraph 2
Requirements for Financial Derivative Products
Article 6
(1) Every Financial Derivative product traded as referred to in Article 5 must be equipped with:
a. a study on the Financial Derivative product and the Underlying of the Financial Derivative contract; b. the availability of trading, supervision, clearing, and storage infrastructure, and/or guarantee settlement for the Financial Derivative product;
c. support from members of the organizer of Financial Derivative transaction or trading facilities;
d. support from a Securities price valuation institution, in the event that the Underlying of a Financial Derivative product is debt securities and/or sukuk; e. the availability of regulations at the Financial Derivative market infrastructure organizer; and f. approval of the Underlying from the index provider or the exchange where the stocks are traded as the owner of the Underlying. (2) In the event that the Underlying of a Financial Derivative product is debt securities and/or sukuk, the organizer of Financial Derivative transaction or trading facilities must use the fair market price of Securities and/or the Securities index issued by the Securities price valuation institution. (3) In the event that the Underlying of a Financial Derivative product is a stock index or single foreign stock, the fulfillment of requirements as referred to in paragraph (1) letter f must be supplemented with:
a. an agreement with the index provider or the exchange where the stocks are traded; or b. requirements referring to the regulations of the index provider or the exchange where the stocks are traded.
Paragraph 3
Procedure for Application for Approval of Financial Derivative Products by the Organizer of Financial Derivative Transaction or Trading Facilities
Article 7
(1) The application for approval of Financial Derivative products as referred to in Article 5 must be submitted to the Financial Services Authority jointly by:
a. the Stock Exchange or PPA with the Clearing and Guarantee Institution; or b. the organizer of Financial Derivative transaction or trading facilities and the organizer of clearing and/or guarantee facilities for other Financial Derivative contracts in accordance with the provisions of legislation concerning commodity futures trading. (2) The application for approval as referred to in paragraph (1) must be submitted jointly with the Depository and Clearing Institution, in the event that the settlement of Financial Derivative contract transactions is conducted through the delivery of the Underlying.
Article 8
The application for approval of Financial Derivative products as referred to in Article 7 must be accompanied by documents at least:
Article 9
(1) In processing the application for approval of Financial Derivative products as referred to in Article 7, the Financial Services Authority conducts a review of the completeness of the application documents. (2) The Financial Services Authority provides approval or rejection of the application for approval of Financial Derivative contracts as referred to in Article 7 within a maximum of 30 (thirty) working days since the application is received in complete form by the Financial Services Authority. (3) Within the period as referred to in paragraph (2), the Financial Services Authority may request:
a. changes to the material; b. additional information; and/or
c. additional documents,
related to the Financial Derivative contract as referred to in Article 8.
(4) If changes and/or additional information as referred to in paragraph (3) have been submitted to the Financial Services Authority, the review period for the application for approval of Financial Derivative products as referred to in paragraph (2) is calculated from the date the Financial Services Authority receives the changes or additional information.
Paragraph 4
Procedure for Application for Principle Approval of Financial Derivative Products to the Financial Services Authority
Article 10
(1) Financial Derivative products that have obtained approval from the commodity futures trading authority based on the provisions of legislation in the commodity futures trading sector must apply for principle approval to the Financial Services Authority. (2) The application for principle approval as referred to in paragraph (1) is submitted to the Financial Services Authority by:
Third Section
Administrative Sanctions
Article 11
(1) Any Party that violates the provisions as referred to in Article 5 is subject to administrative sanctions.
(2) Sanctions as referred to in paragraph (1) are also imposed on Parties that cause the occurrence of violations as referred to in paragraph (1).
(3) Sanctions as referred to in paragraph (1) and paragraph (2) are imposed by the Financial Services Authority.
(4) Sanctions as referred to in paragraph (1) include:
a. written warning; b. fines, namely the obligation to pay a certain amount of money;
c. restriction of business activities;
d. suspension of business activities; e. revocation of business license; and/or f. cancellation of approval.
(5) Administrative sanctions as referred to in paragraph (4) letters b, c, d, e, and f may be imposed with or without prior imposition of administrative sanctions in the form of a written warning as referred to in paragraph (4) letter a. (6) Administrative sanctions in the form of fines as referred to in paragraph (4) letter b may be imposed separately or jointly with the imposition of administrative sanctions as referred to in paragraph (4) letter c. (7) The procedure for imposing sanctions as referred to in paragraph (3) is implemented in accordance with the provisions of legislation in the capital market sector.
CHAPTER III
FINANCIAL DERIVATIVE PARTICIPANTS
First Section
Types of Financial Derivative Participants
Article 12
Financial Derivative participants as referred to in Article 3 letter b include:
a. Financial Derivative Securities Brokers, which are:
Second Section
Procedure for Application for Principle Approval as a Financial Derivative Securities Broker
Article 13
(1) Futures traders and/or futures brokers, including representatives of futures brokers, that have obtained a business license from the commodity futures trading authority as referred to in Article 12 letter a number 2 can only conduct activities as Financial Derivative Securities Brokers if they meet the following provisions:
a. submit an application for principle approval as an investment advisor first to the Financial Services Authority using the Application Form for Principle Approval of Financial Derivative Participants and Products contained in the Appendix to Format 1 which is an integral part of this Financial Services Authority Regulation; and b. submit supporting documents consisting of:
Third Section
Procedure for Application for Principle Approval as an Investment Advisor
Article 14
(1) Futures advisors that have obtained a business license from the commodity futures trading authority as referred to in Article 12 letter b number 2 can only conduct activities as investment advisors if they meet the following provisions:
a. submit an application for principle approval as an investment advisor first to the Financial Services Authority using the Application Form for Principle Approval of Financial Derivative Participants and Products contained in the Appendix to Format 1 which is an integral part of this Financial Services Authority Regulation; b. submit supporting documents consisting of:
(2) Parties conducting activities as investment advisors as referred to in paragraph (1) may only conduct activities for Financial Derivative products in accordance with the permit granted by the commodity futures trading regulatory and supervisory authority.
Fourth Part
Obligations and Prohibitions for Derivative Financial Securities Broker-Dealers
Article 15
(1) In providing Financial Derivative services, Derivative Financial Securities Broker-Dealers are required to:
a. possess and implement marketing and trading functions, risk management, information technology infrastructure, and operations; b. have an organizational structure that shows the line of accountability from each function to the person in charge or board members overseeing the activities of the Derivative Financial Securities Broker-Dealer, along with a description of their duties;
c. apply the know-your-customer principle to prospective customers in accordance with prevailing laws and regulations in the capital market sector;
d. conduct education and socialization regarding every Financial Derivative contract product; e. obtain a written statement from customers stating that the customer has understood every risk associated with the Financial Derivative contract; f. open derivative accounts and create a single unique capital market investor identity number for each customer, in the event the customer does not yet have a single unique capital market investor identity number; g. transmit every customer order through the trading system provided by the Derivative Financial Market Infrastructure Organizer; h. provide a special account for trading Financial Derivative contracts;
i. have standard operating procedures and a code of ethics;
j. notify their customers if there is a Financial Derivative contract entrusted to a Derivative Financial Securities Broker-Dealer that is permitted to trade Financial Derivative contracts that has experienced losses of at least 50% (fifty percent) of the amount of the customer's entrusted assets; k. conduct Netting Transactions if there is a Financial Derivative contract entrusted to a Derivative Financial Securities Broker-Dealer that is permitted to trade Financial Derivative contracts that has experienced losses of at least 75% (seventy-five percent) of the amount of the customer's entrusted assets.
(2) In providing services related to Financial Derivatives, Derivative Financial Securities Broker-Dealers are prohibited from:
a. providing financing for the settlement of Financial Derivative contract transactions for customers; b. providing incorrect explanations and exaggerated statements regarding Financial Derivative products; and
c. providing guarantees for profits or losses from Financial Derivative transactions.
(3) In addition to meeting the provisions as referred to in paragraph (1) and paragraph (2), futures traders and/or futures brokers who have obtained business permits from the commodity futures trading regulatory authority and have obtained principle approval as Derivative Financial Securities Broker-Dealers from the Financial Services Authority, are required to comply with laws and regulations in the field of commodity futures trading to the extent that they do not conflict with Financial Services Authority Regulations.
Article 16
(1) Every Derivative Financial Securities Broker-Dealer that violates the provisions as referred to in Article 15 is subject to administrative sanctions.
(2) Sanctions as referred to in paragraph (1) are also imposed on Parties who cause the occurrence of violations as referred to in paragraph (1).
(3) Sanctions as referred to in paragraph (1) and paragraph (2) are imposed by the Financial Services Authority.
(4) Sanctions as referred to in paragraph (1) consist of:
a. written warnings; b. fines, namely the obligation to pay a certain amount of money;
c. restriction of business activities;
d. suspension of business activities; e. revocation of business permits; and/or f. cancellation of approval.
(5) Administrative sanctions as referred to in paragraph (4) letters b, c, d, e, or f, may be imposed with or without being preceded by the imposition of administrative sanctions in the form of written warnings as referred to in paragraph (4) letter a. (6) Administrative sanctions in the form of fines as referred to in paragraph (4) letter b may be imposed separately or together with the imposition of administrative sanctions as referred to in paragraph (4) letter c. (7) The procedure for imposing sanctions as referred to in paragraph (3) is carried out in accordance with the provisions of laws and regulations in the capital market field.
CHAPTER IV
ORGANIZATION OF DERIVATIVE FINANCIAL MARKET INFRASTRUCTURE
First Part
Types of Derivative Financial Market Infrastructure Organizers
Article 17
Derivative Financial Market Infrastructure Organizers as referred to in Article 3 letter c include:
a. Organizers of Derivative Financial transaction or trading facilities; b. Organizers of Derivative Financial transaction clearing, guaranteeing, and settlement facilities;
c. Organizers of Derivative Financial storage and administration facilities; and
d. Providers of Derivative Financial transaction reporting facilities.
Second Part
Organizers of Derivative Financial Transaction or Trading Facilities
Article 18
Parties conducting transaction or trading activities for Financial Derivative products as referred to in Article 17 letter a must be:
a. Stock Exchanges or PPA (Perusahaan Pelaksana Aktivitas Pasar) that have obtained business permits from the Financial Services Authority; b. Other transaction or trading facility organizers that have been approved by the Financial Services Authority; or
c. Other Derivative Financial transaction facility organizers that have obtained business permits from the commodity futures trading regulatory authority and have obtained principle approval as organizers of Derivative Financial transaction or trading facilities at the Financial Services Authority.
Article 19
Other Derivative Financial transaction facility organizers that have obtained business permits from the commodity futures trading regulatory authority as referred to in Article 18 letter c may only conduct trading activities for Financial Derivative products if they have met the following requirements:
a. submit an application for principle approval as an organizer of transaction or trading facilities first to the Financial Services Authority using the Application for Principle Approval for Derivative Financial Market Infrastructure Organizers form contained in the Appendix to Format 2, which is an integral part of this Financial Services Authority Regulation; and b. submit supporting documents consisting of:
Third Part
Organizers of Derivative Financial Transaction Clearing, Guaranteeing, and Settlement Facilities
Article 20
Parties organizing clearing, guaranteeing, and settlement infrastructure for Derivative Financial transactions as referred to in Article 17 letter b must be:
a. Clearing and Guaranteeing Institutions that have obtained business permits from the Financial Services Authority; or b. Organizers of clearing, guaranteeing, and settlement infrastructure for Derivative Financial transactions that have obtained business permits from the commodity futures trading regulatory authority.
Article 21
Organizers of Derivative Financial transaction clearing, guaranteeing, and settlement facilities that have obtained business permits from the commodity futures trading regulatory authority as referred to in Article 20 letter b may only conduct clearing, guaranteeing, and settlement transaction activities for Financial Derivatives if they have met the following requirements:
a. submit an application for principle approval as an organizer of clearing, guaranteeing, and settlement infrastructure for Derivative Financial transactions first to the Financial Services Authority using the Application for Principle Approval for Derivative Financial Market Infrastructure Organizers form contained in the Appendix to Format 2, which is an integral part of this Financial Services Authority Regulation; and b. submit supporting documents consisting of:
Article 22
(1) The implementation of clearing, guaranteeing, and settlement of Derivative Financial transactions at Stock Exchanges is carried out in accordance with Financial Services Authority Regulations regarding the guaranteeing of stock exchange transaction settlements. (2) The implementation of clearing, guaranteeing, and settlement of Derivative Financial transactions organized by PPAs is carried out in accordance with Financial Services Authority Regulations regarding the guaranteeing of Securities transaction settlements. (3) The implementation of clearing, guaranteeing, and settlement of Derivative Financial transactions conducted by organizers of clearing, guaranteeing, and settlement facilities for Derivative Financial transactions as referred to in Article 20 letter b is carried out in accordance with Financial Services Authority Regulations regarding the guaranteeing of Securities transaction settlements to the extent that they do not conflict with Financial Services Authority Regulations.
Article 23
In the event that the settlement of Derivative Financial transactions is carried out with the delivery of Underlying assets:
a. transaction settlement must be carried out by a Depository and Settlement Institution that has obtained a permit from the Financial Services Authority; b. the procedure for transaction settlement is subject to the regulations of the Clearing and Guaranteeing Institution, regulations of the clearing infrastructure organizer, and regulations of the Depository and Settlement Institution applicable to the settlement of transactions for Financial Derivative Underlying assets; and
c. the total amount of financial assets in the Financial Derivative contracts traded must not exceed the amount of the Underlying assets.
Article 24
(1) In the event that the settlement of Derivative Financial transactions is carried out with the delivery of Underlying assets, Derivative Financial Market Infrastructure Organizers as referred to in Article 17 letters a, b, and c are required to establish specific parameters. (2) Derivative Financial Market Infrastructure Organizers are required to conduct a feasibility review of every Underlying asset according to the parameters established as referred to in paragraph (1) at least once every 12 (twelve) months. (3) The feasibility review of every Underlying asset as referred to in paragraph (2) must be reported to the Financial Services Authority no later than 1 (one) month thereafter.
Third Part
Organizers of Derivative Financial Storage and Administration Facilities
Article 25
Parties organizing Derivative Financial storage and administration facilities as referred to in Article 17 letter c must be:
a. Depository and Settlement Institutions that have obtained business permits from the Financial Services Authority; or b. Fund storage organizers that have obtained business permits from the commodity futures trading regulatory authority.
Article 26
Fund storage organizers that have obtained business permits from the commodity futures trading regulatory authority as referred to in Article 25 letter b may only conduct fund storage activities related to Financial Derivatives if they have met the following requirements:
a. submit an application for principle approval as a fund storage organizer first to the Financial Services Authority using the Application for Principle Approval for Derivative Financial Market Infrastructure Organizers form contained in the Appendix to Format 2, which is an integral part of this Financial Services Authority Regulation; and b. submit supporting documents consisting of:
Fourth Part
Providers of Derivative Financial Transaction Reporting Facilities
Article 27
Providers of Derivative Financial transaction reporting facilities as referred to in Article 17 letter d must be Parties that provide systems and/or facilities and receive transaction reports designated by the Financial Services Authority to provide systems and/or facilities and receive transaction reports.
Article 28
(1) Submission of applications for principle approval as referred to in Article 10, Article 13, Article 14, Article 19, Article 21, and Article 26 to the Financial Services Authority must be done electronically through the Financial Services Authority's licensing system. (2) In the event that the electronic system for applications for principle approval as referred to in paragraph (1) is not yet available, applications for principle approval are submitted directly to the Financial Services Authority or via electronic mail to the Financial Services Authority.
Fifth Part
Regulation by Derivative Financial Market Infrastructure Organizers
Article 29
Organizers of Derivative Financial transaction or trading facilities as referred to in Article 17 letter a are required to regulate at least regarding:
a. requirements for Derivative Financial Securities Broker-Dealers that can trade Financial Derivative contracts; b. mechanisms for trading Financial Derivative contracts;
c. general provisions on clearing, guaranteeing, and settlement of Financial Derivative contracts;
d. supervision of trading of Financial Derivative contracts is conducted by following information regarding Underlying assets; e. actions taken regarding trading of Financial Derivative contracts if trading of Underlying assets is halted; f. actions taken against Open Positions if an event occurs that causes the Derivative Financial Market Infrastructure Organizer to be unable to perform its functions properly; g. sanctions imposed on Derivative Financial Securities Broker-Dealers that can trade Financial Derivative contracts; and h. requirements as Liquidity Providers for Derivative Financial Securities Broker-Dealers that can trade Financial Derivative contracts.
Article 30
Organizers of Derivative Financial transaction clearing, guaranteeing, and settlement facilities as referred to in Article 17 letter b are required to regulate at least regarding:
a. mechanisms for clearing, guaranteeing, and settlement of Financial Derivative contract transactions; b. Collateral and guarantee funds required;
c. provisions that every Collateral submitted by Clearing Members must be controlled by the Party organizing clearing, guaranteeing, and settlement infrastructure for Derivative Financial transactions;
d. risk calculation mechanisms and the use of Clearing Member Collateral to conduct Financial Derivative contract transactions; e. the obligation of the Party organizing clearing, guaranteeing, and settlement infrastructure for Derivative Financial transactions to notify Clearing Members and Parties conducting trading activities for Financial Derivative products if there are Financial Derivative contracts in Clearing Members whose losses have reached:
Article 31
For other Derivative Financial transaction facility organizers as referred to in Article 18 letter c and organizers of clearing, guaranteeing, and settlement infrastructure for Derivative Financial transactions as referred to in Article 20 letter b that have obtained business permits from the authority regulating and supervising commodity futures trading and have obtained principle approval from the Financial Services Authority, the obligation to regulate trading mechanisms and clearing, guaranteeing, and settlement mechanisms as referred to in Article 29 and Article 30 is carried out in accordance with laws and regulations in the field of commodity futures trading to the extent that they do not conflict with Financial Services Authority Regulations.
Sixth Part
Administrative Sanctions
Article 32
(1) Every Derivative Financial Market Infrastructure Organizer that violates the provisions as referred to in Article 18, Article 20, Article 23, Article 24, Article 25, Article 27, Article 29, and Article 30, is subject to administrative sanctions. (2) Sanctions as referred to in paragraph (1) are also imposed on Parties who cause the occurrence of violations as referred to in paragraph (1). (3) Sanctions as referred to in paragraph (1) and paragraph (2) are imposed by the Financial Services Authority. (4) Sanctions as referred to in paragraph (1) consist of:
a. written warnings; b. fines, namely the obligation to pay a certain amount of money;
c. restriction of business activities;
d. suspension of business activities; e. revocation of business permits; and/or f. cancellation of approval.
(5) Administrative sanctions as referred to in paragraph (4) letters b, c, d, e, or f, may be imposed with or without being preceded by the imposition of administrative sanctions in the form of written warnings as referred to in paragraph (4) letter a. (6) Administrative sanctions in the form of fines as referred to in paragraph (4) letter b may be imposed separately or together with the imposition of administrative sanctions as referred to in paragraph (4) letter c. (7) The procedure for imposing sanctions as referred to in paragraph (3) is carried out in accordance with the provisions of laws and regulations in the capital market field.
CHAPTER V
ANNOUNCEMENTS
Article 33
(1) Organizers of Derivative Financial transaction or trading facilities as referred to in Article 17 letter a are required to issue written information on the types of Financial Derivative contracts and announce them at least in Indonesian-language electronic media and the website of the organizer of trading activities for Financial Derivative products no later than 10 (ten) working days before the trading of Financial Derivative Securities contracts begins. (2) The written information as referred to in paragraph (1) must contain at least:
a. specifications of the Financial Derivative contracts traded; b. a general description of the Underlying assets;
c. risks and benefits of Financial Derivative contracts;
d. transaction mechanisms for investors; and e. Derivative Financial Securities Broker-Dealers that can trade Financial Derivative contracts.
(3) Organizers of Derivative Financial transaction or trading facilities as referred to in paragraph (1) that will conduct trading of Financial Derivative contracts are required to issue Derivative Financial transaction data, which is market data, containing at least:
a. contract name; b. volume, transaction value, and tenor; and
c. Parties conducting the transactions.
Article 34
(1) Every organizer of trading or transaction facilities for Financial Derivatives who violates the provisions as referred to in Article 33 shall be subject to administrative sanctions. (2) Sanctions as referred to in paragraph (1) shall also be imposed on Parties who cause the violation as referred to in paragraph (1). (3) Sanctions as referred to in paragraph (1) and paragraph (2) shall be imposed by the Financial Services Authority. (4) Sanctions as referred to in paragraph (1) consist of:
a. written warning; b. fine, namely the obligation to pay a certain amount of money;
c. restriction of business activities;
d. suspension of business activities; e. revocation of business license; and/or f. cancellation of approval.
(5) Administrative sanctions as referred to in paragraph (4) letters b, c, d, e, or f, may be imposed with or without being preceded by the imposition of administrative sanctions in the form of a written warning as referred to in paragraph (4) letter a. (6) Administrative sanctions in the form of a fine as referred to in paragraph (4) letter b may be imposed separately or together with the imposition of administrative sanctions as referred to in paragraph (4) letter c. (7) The procedure for imposing sanctions as referred to in paragraph (3) shall be carried out in accordance with the provisions of legislation in the field of capital markets.
CHAPTER VI
SUPERVISION
First Section
Supervision of Actors and Infrastructure Organizers
Article 35
The Financial Services Authority has the authority to conduct supervision over actors and infrastructure organizers of Financial Derivatives in accordance with the provisions of legislation in the field of capital markets.
Second Section
Law Enforcement
Article 36
Provisions related to criminal acts as regulated in Law Number 8 of 1995 concerning Capital Markets as amended by Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector apply to criminal acts related to Financial Derivatives with underlying assets in the form of Securities. https://jdih.ojk.go.id/
CHAPTER VII
REPORTING
Article 37
(1) Parties who have obtained approval, consent, and/or registration for Financial Derivatives products as regulated in this Financial Services Authority Regulation are required to submit periodic reports and incidental reports to the Financial Services Authority. (2) The obligation to submit reports as referred to in paragraph (1) is subject to the following provisions:
a. for Parties who have obtained approval, consent, and/or registration for Financial Derivatives products from the Commodity Futures Trading Regulatory Authority that has obtained a principle approval from the Financial Services Authority, it shall be carried out in accordance with the provisions of legislation concerning commodity futures trading; or b. for Parties who have obtained approval, consent, and/or registration for Financial Derivatives products from the Financial Services Authority, it shall be carried out in accordance with the provisions of Financial Services Authority Regulations regulating such Parties.
Article 38
(1) Submission of reports to the Financial Services Authority as referred to in Article 37 paragraph (2) must be carried out electronically through the Financial Services Authority's reporting system. (2) In the event that the electronic system for reporting as referred to in paragraph (1) is not yet available, reports must be submitted directly to the Financial Services Authority or via email to the Financial Services Authority. (3) In the event that the electronic system as referred to in paragraph (1) is available but certain conditions occur that cause the electronic system to function improperly, reports must be submitted directly or via email to the Financial Services Authority's correspondence division.
Article 39
(1) Every Party who violates the provisions as referred to in Article 37 paragraph (1) and Article 38 paragraph (1) and paragraph (2) shall be subject to administrative sanctions. (2) Sanctions as referred to in paragraph (1) shall also be imposed on Parties who cause the violation as referred to in paragraph (1). (3) Sanctions as referred to in paragraph (1) and paragraph (2) shall be imposed by the Financial Services Authority. (4) Sanctions as referred to in paragraph (1) consist of:
a. written warning; https://jdih.ojk.go.id/
b. fine, namely the obligation to pay a certain amount of money;
c. restriction of business activities;
d. suspension of business activities; e. revocation of business license; and/or f. cancellation of approval.
(5) Administrative sanctions as referred to in paragraph (4) letters b, c, d, e, or f, may be imposed with or without being preceded by the imposition of administrative sanctions in the form of a written warning as referred to in paragraph (4) letter a. (6) Administrative sanctions in the form of a fine as referred to in paragraph (4) letter b may be imposed separately or together with the imposition of administrative sanctions as referred to in paragraph (4) letter c. (7) The procedure for imposing sanctions as referred to in paragraph (3) shall be carried out in accordance with the provisions of legislation in the field of capital markets.
CHAPTER VIII
CONSUMER PROTECTION
Article 40
Consumer protection principles as regulated in Financial Services Authority Regulations concerning consumer and community protection in the financial services sector apply to every Party involved in trading Financial Derivatives.
CHAPTER IX
TRANSITIONAL PROVISIONS
Article 41
Applications for principle approval for:
a. Financial Derivatives products that have obtained approval from the Commodity Futures Trading Regulatory Authority as referred to in Article 10; b. Financial Derivatives actors that have obtained business licenses from the Commodity Futures Trading Regulatory Authority as referred to in Article 13 paragraph (1) and Article 14 paragraph (1); and
c. organizers of Financial Derivatives Market infrastructure that have obtained business licenses from the Commodity Futures Trading Regulatory Authority as referred to in Article 19, Article 21, and Article 26,
must be submitted to the Financial Services Authority at the latest 4 (four) months after this Financial Services Authority Regulation takes effect.
Article 42
After obtaining principle approval from the Financial Services Authority:
a. decisions on business licenses, approvals, product registrations, actors, and/or infrastructure organizers related to Financial Derivatives that have been issued by the authority in the field of commodity futures supervision based on legislation prior to the transfer of regulatory and supervisory duties to the Financial Services Authority, remain valid; and b. Financial Derivatives actors as referred to in Article 12 and organizers of Financial Derivatives Market infrastructure as referred to in Article 17 are declared as Parties conducting financial services activities in the capital markets, derivative finance, and carbon exchange sectors and are supervised by the Financial Services Authority. https://jdih.ojk.go.id/
Article 43
(1) In the event that Parties as referred to in Article 13 paragraph (1), Article 14 paragraph (1), Article 19, Article 21, and Article 26 do not submit an application for principle approval within the latest 4 (four) months, the business activities of such Parties are declared as unlicensed activities and subject to sanctions in accordance with legislation by the Financial Services Authority. (2) For Parties meeting the conditions as referred to in paragraph (1), the Financial Services Authority has the authority to order such Parties to settle all their obligations related to Financial Derivatives contracts.
Article 44
(1) The duration of Financial Derivatives products as referred to in Article 3 letter a that have been issued prior to the effectiveness of this Financial Services Authority Regulation cannot be extended and are deemed to mature 6 (six) months after this Financial Services Authority Regulation takes effect. (2) Since this Financial Services Authority Regulation takes effect, Financial Derivatives actors as referred to in Article 3 letter b are prohibited from making new contracts related to Financial Derivatives before obtaining approval from the Financial Services Authority.
Article 45
(1) Parties as referred to in Article 13 paragraph (1), Article 14 paragraph (1), Article 19, Article 21, and Article 26 who have obtained principle approval from the Financial Services Authority are required to submit license applications to the Financial Services Authority at the latest 2 (two) years after this Financial Services Authority Regulation takes effect. (2) Requirements and procedures for submitting license applications to the Financial Services Authority as referred to in paragraph (1) shall be carried out in accordance with Financial Services Authority Regulations. (3) To submit license applications, Financial Derivatives actors and organizers of Financial Derivatives Market infrastructure https://jdih.ojk.go.id/
must have adjusted their fulfillment of requirements in accordance with the provisions of this Financial Services Authority Regulation and related provisions in other Financial Services Authority Regulations. (4) In the event that Parties as referred to in Article 13 paragraph (1), Article 14 paragraph (1), Article 19, Article 21, and Article 26 do not submit licenses to the Financial Services Authority as referred to in paragraph (1), the business activities of such Parties are declared as unlicensed activities and subject to sanctions in accordance with legislation by the Financial Services Authority.
Article 46
Licensing processes for actors and/or organizers of Financial Derivatives infrastructure and applications for approval of Financial Derivatives products submitted after the effectiveness of this Financial Services Authority Regulation are directed to the Financial Services Authority and are carried out in accordance with this Financial Services Authority Regulation.
Article 47
Examinations of alleged violations of legislation related to Financial Derivatives with Securities as underlying assets occurring after the transfer from the authority in the field of commodity futures trading to the Financial Services Authority are conducted by the Financial Services Authority.
Article 48
Fulfillment of the obligation to create a single unique identification number for Indonesian capital market investors for each customer as referred to in Article 15 paragraph (1) letter f shall be carried out at the latest 6 (six) months after this Financial Services Authority Regulation takes effect and may be extended by the Financial Services Authority if necessary.
CHAPTER X
OTHER PROVISIONS
Article 49
In addition to administrative sanctions regulated in this Financial Services Authority Regulation, the Financial Services Authority may take specific actions against any Party who violates the provisions of this Financial Services Authority Regulation.
Article 50
The Financial Services Authority may announce the imposition of administrative sanctions regulated in this Financial Services Authority Regulation and specific actions as referred to in Article 49 to the public. https://jdih.ojk.go.id/
CHAPTER XI
CLOSING PROVISIONS
Article 51
At the time this Financial Services Authority Regulation takes effect, Financial Services Authority Regulation Number 32/POJK.04/2020 concerning Equity Derivative Contracts (State Gazette of the Republic of Indonesia Year 2020 Number 129, Supplement to the State Gazette of the Republic of Indonesia Number 6513) is repealed and declared invalid.
Article 52
This Financial Services Authority Regulation takes effect on January 10, 2025. https://jdih.ojk.go.id/
This copy is consistent with the original
Director of Legal Development
Legal Department signed
Aat Windradi
To ensure that everyone knows it, ordering the enactment of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia. Established in Jakarta on January 9, 2025 CHAIRMAN OF THE COMMISSIONERS BOARD FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA, signed MAHENDRA SIREGAR
Enacted in Jakarta on January 10, 2025
MINISTER OF LAW OF THE REPUBLIC OF INDONESIA, signed SUPRATMAN ANDI AGTAS STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2025 NUMBER 2/OJK https://jdih.ojk.go.id/
EXPLANATION
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 1 OF 2025
CONCERNING
FINANCIAL DERIVATIVES WITH UNDERLYING ASSETS IN THE FORM OF SECURITIES
I. GENERAL
Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector mandates that derivative instruments previously categorized as Commodities, which are financial instruments serving as subjects of forward contracts, Sharia derivative contracts, and/or other derivative contracts (Financial Derivatives) under Law Number 32 of 1997 concerning Commodity Futures Trading, transfer the regulatory and supervisory duties from the Commodity Futures Trading Regulatory Agency to the Financial Services Authority and Bank Indonesia based on their respective authorities.
That based on Article 312 paragraph (1) letter b of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector, at the time this Law takes effect, the transfer of regulatory and supervisory duties over commodities that are financial instruments serving as subjects of forward contracts, Sharia derivative contracts, and/or other derivative contracts from the Commodity Futures Trading Regulatory Agency to the financial sector authorities must be fully completed at the latest 24 (twenty-four) months.
The transfer of regulatory and supervisory duties from the Commodity Futures Trading Regulatory Agency to the Financial Services Authority in Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector aims to encourage the application of the principle of same activity, same risk, same regulation. Clarification and strengthening of the authority of financial sector authorities serve as efforts to maintain financial system stability and public trust.
With the strengthening of financial sector authority duties through the transfer from the Commodity Futures Trading Regulatory Agency to the Financial Services Authority, particularly regarding Financial Derivatives in the capital markets sector, it is expected to provide positive implications for the development of the financial sector industry.
The transfer of regulatory and supervisory duties for Financial Derivatives is accompanied by efforts to strengthen development, strengthening, consumer protection principles, and coordination between the Commodity Futures Trading Regulatory Agency and the Financial Services Authority.
In order to provide legal certainty for the continuity and development of products, actors, and financial derivatives market infrastructure organizers that have obtained licenses or approvals from the authority in the field of commodity futures trading, which are then regulated and supervised by the Financial Services Authority in the capital markets, Derivative Finance, and carbon exchange ecosystem, utilizing infrastructure in the field of commodity futures trading and infrastructure in the field of capital markets, Derivative Finance, and carbon exchange.
II. ARTICLE BY ARTICLE
Article 1
Clear enough.
Article 2
Paragraph (1)
Clear enough.
Paragraph (2)
What is meant by "Financial Derivatives" is derivative finance as referred to in Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector.
Article 3
Clear enough.
Article 4
Paragraph (1)
Letter a
Examples of Financial Derivatives in the form of forward contracts with Underlying being stock indices on the Stock Exchange, namely LQ45 forward contracts and IDX30 forward contracts. Examples of Financial Derivatives in the form of forward contracts with Underlying being government bonds, namely government bond forward contracts. Examples of Financial Derivatives in the form of forward contracts with Underlying being foreign stock indices, namely forward contracts with Underlying indices. Examples of Financial Derivatives in the form of forward contracts with Underlying being single stocks, namely stock forward contracts.
Letter b
Options contracts on Securities include, among others, stock options contracts listed on the Stock Exchange in Indonesia.
Letter c
Clear enough.
Paragraph (2)
Examples of Financial Derivatives products with Underlying being Securities other than Financial Derivatives products, namely carbon derivative products.
Article 5
Clear enough.
Article 6
Clear enough.
Article 7
Clear enough.
Article 8
Number 1
Letter a
Clear enough.
Letter b
Clear enough.
Letter c
"Multiplier" known by the term multiplier.
Letter d
Clear enough.
Letter e
Clear enough.
Number 2
Clear enough.
Number 3
Proof of support from members of Financial Derivatives trading or transaction facility organizers, including among others price assessment readiness of Securities.
Number 4
Clear enough.
Number 5
Clear enough.
Number 6
Clear enough.
Article 9
Clear enough.
Article 10
Clear enough.
Article 11
Clear enough.
Article 12
Clear enough.
Article 13
Clear enough.
Article 14
Clear enough.
Article 15
Clear enough.
Article 16
Clear enough.
Article 17
Clear enough.
Article 18
Letter a
Clear enough.
Letter b
Clear enough.
Letter c
Other Financial Derivatives trading facility organizers include, among others, futures exchanges and futures clearing and guarantee institutions.
Article 19
Clear enough.
Article 20
Clear enough.
Article 21
Clear enough.
Article 22
Clear enough.
Article 23
Clear enough.
Article 24
Paragraph (1)
The determination of certain parameters for Financial Derivatives contracts is carried out with the delivery of Underlying, including by considering the liquidity and free float of the Underlying.
Paragraph (2)
Clear enough.
Paragraph (3)
Clear enough.
Article 25
Clear enough.
Article 26
Clear enough.
Article 27
Clear enough.
Article 28
Clear enough.
Article 29
Clear enough.
Article 30
Clear enough.
Article 31
"Regulation of trading mechanisms" known by the term trading rules.
Article 32
Clear enough.
Article 33
Clear enough.
Article 34
Clear enough.
Article 35
Clear enough.
Article 36
Clear enough.
Article 37
Clear enough.
Article 38
Paragraph (1)
Clear enough.
Paragraph (2)
Clear enough.
Paragraph (3)
Certain conditions include, among others, system failure.
Article 39
Clear enough.
Article 40
Clear enough.
Article 41
Clear enough.
Article 42
Clear enough.
Article 43
Clear enough.
Article 44
Paragraph (1)
What is meant by "duration" is the time period from the issuance of the Financial Derivatives product until maturity.
Example simulation 1:
Financial Derivatives product "X" has received approval from Bappebti on December 16, 2024, with a duration of 1 (one) month, thus maturing on January 16, 2025, and can be extended. The Financial Derivatives actor submits an application for principle approval to the Financial Services Authority for the aforementioned product on January 15, 2025, so that the product can continue to be traded and extended again for at most 6 (six) months after this Financial Services Authority Regulation takes effect. If the above simulation considers that this Financial Services Authority Regulation takes effect on January 10, 2025, the Financial Derivatives product will mature on July 10, 2025, and cannot be extended.
Paragraph (2)
Clear enough.
Article 45
Clear enough.
Article 46
Clear enough.
Article 47
What is meant by "examination" is an examination of administrative violations and indications of criminal acts.
Article 48
Clear enough.
Article 49
Specific actions include, among others, the suspension of granting principle approvals.
Article 50
Announcements of the imposition of administrative sanctions and specific actions by the Financial Services Authority are carried out, among others, through the Financial Services Authority website or the Financial Services Authority annual report.
Article 51
Clear enough.
Article 52
Clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 135/OJK
APPENDIX
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 1 OF 2025
CONCERNING
FINANCIAL DERIVATIVES WITH UNDERLYING ASSETS IN THE FORM OF SECURITIES
Format 1
PRINCIPLE APPROVAL APPLICATION FORM
FOR FINANCIAL DERIVATIVES ACTORS AND PRODUCTS
Number :
Attachment :
Subject :
To
Honorable Head of the Capital Markets, Derivative Finance, and Carbon Exchange Supervisory Executive Up. Head of the Capital Markets Licensing Department in Jakarta
Referring to Financial Services Authority Regulation Number … year …, we hereby submit an application for principle approval for Financial Derivatives actors and products:
I. Party
Party Name : ……………………………………………………
Party Type : PPE Derivatives
Forward Trader
Forward Broker
Investment Advisor/
Forward Advisor*)
Other*): ……………………………….
Address : ……………………………………………………
Phone No : ……………………………………………………
E-mail : ……………………………………………………
Website Address : ……………………………………………………
Name and Contact
Contact Person
: ……………………………………………………
Business License Number and Date
from Bappebti
: ……………………………………………………
Company Tax Identification Number
: ……………………………………………………
Number and Date of
Futures Exchange Membership)
: ……………………………………………………
Number and Date of
Futures Clearing Institution Membership)
: ……………………………………………………
Number and Date of
Approval as a Participant of the
Alternative Trading System)
: ……………………………………………………
Name of Alternative Trading System Organizer)
: ……………………………………………………
Authorized Capital : ……………………………………………………
Paid-up Capital : ……………………………………………………
Board of Directors and
Board of Commissioners Members
: ……………………………………………………
Board of Directors
No Name Citizenship Address Position
Board of Commissioners
No Name Citizenship Address Position
1.
2.
17. Latest Shareholder Structure
: ……………………………………………………
II. Individual Representatives
No Name Number and Date of Individual License from Bappebti 1.
2.
3.
List of branch office addresses for forward brokers or forward traders *) : ……………………………………………………
III. Products
List of Financial Derivatives products traded or registered : …………………………………………………… No Product Name Date of determination or product approval Duration/Maturity Date 1.
2.
3.
No Shareholder Name
Number of Shares
Nominal Amount (Rp)
%
To complete the aforementioned application, we hereby submit the following documents:
Notes:
*) cross out what is not necessary
) fill in if relevant
*) specify
Respectfully,
Director *)
Stamp
……………………………………….
(Clear Name and Signature)
Format 2
APPLICATION FORM FOR PRINCIPLE APPROVAL
FINANCIAL DERIVATIVES MARKET INFRASTRUCTURE OPERATOR Number: ….., ………………….. 20 Attachment:
Subject:
To
The Executive Head of Capital Market, Financial Derivatives, and Carbon Exchange Supervision Attention: Head of Capital Market Licensing Department in Jakarta Referring to Financial Services Authority Regulation Number … year …, we hereby submit an application for principle approval for the operation of Financial Derivatives Market Infrastructure:
I. Party Information
Board of Directors
No. Name Nationality Address Position
1.
2.
Board of Commissioners
No. Name Nationality Address Position
1.
2.
List of Branch Office Addresses *)
: ……………………………………………………
II. Products
List of Financial Derivative Products traded or already registered:
: ……………………………………………………
No. Product Name Date of Product Determination or Approval Duration/Maturity Date 1.
2.
3.
To complete the aforementioned application, we hereby submit the following documents:
No. Shareholder Name Number of Shares
Nominal Amount (Rp)
%
This copy is consistent with the original
Director of Legal Development
Legal Department signed
Aat Windradi
Notes:
*) cross out what is not necessary
) fill in if relevant
*) specify
Respectfully,
Director *)
Stamp
……………………………………….
(Clear Name and Signature)
CHAIRMAN OF THE COMMISSIONERS
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
MAHENDRA SIREGAR signed
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This document supersedes: Financial Services Authority Regulation Number 32/POJK.04/2020 Concerning Equity Derivative Contracts
Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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