Rule · OJK · 22 Dec 2015 · 36/SEOJK.03/2015
The Financial Services Authority regulates the products and activities of Islamic Commercial Banks and Islamic Business Units by classifying them into four Business Unit Categories (BUKU) based on core capital. Banks must obtain prior approval for new products or activities not listed in the official codification, while those already codified and included in the business plan may be launched without approval. The regulation mandates specific risk management procedures, detailed application documentation including Sharia board opinions, and strict reporting timelines for the launch, modification, or cessation of banking products and activities.
To:
COPY
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 36 /SEOJK.03/2015
CONCERNING
PRODUCTS AND ACTIVITIES OF ISLAMIC COMMERCIAL BANKS AND ISLAMIC BUSINESS UNITS
In view of the issuance of the Financial Services Authority Regulation Number 24/POJK.03/2015 Concerning Products and Activities of Islamic Banks and Islamic Business Units (State Gazette of the Republic of Indonesia Year 2015 Number 289, Supplement to the State Gazette of the Republic of Indonesia Number 5771) and the Bank Indonesia Regulation Number 14/26/PBI/2012 Concerning Business Activities and Office Networks Based on Bank Core Capital (State Gazette of the Republic of Indonesia Year 2012 Number 286, Supplement to the State Gazette of the Republic of Indonesia Number 5384), it is necessary to regulate implementation provisions regarding Products and Activities of Islamic Commercial Banks and Islamic Business Units in this Financial Services Authority Circular Letter as follows:
I. GENERAL
Business activities that can be carried out by Islamic Commercial Banks (BUS) and Islamic Business Units (UUS), hereinafter referred to as Banks, are grouped based on core capital, hereinafter referred to as Banks based on Business Activities (BUKU). The grouping of Banks based on business activities consists of 4 (four) BUKU. The higher the Bank's core capital, the higher the Bank's BUKU and the broader the scope of business activities that can be carried out by the Bank. The BUKU grouping for UUS is based on the core capital of the Conventional Commercial Bank that is its parent. BUKU classification refers to regulations governing business activities and office networks based on bank core capital.
The implementation of Bank business activities is carried out, among others, by issuing Products and/or carrying out specific Activities to meet the needs of the Bank and/or customers.
In issuing Products and/or carrying out Activities, Banks must apply Sharia Principles, prudential principles, and customer protection principles. In addition, Banks must have sufficient capital to support the issuance of Products and/or the implementation of Activities and apply adequate risk management to mitigate risks arising from such Products and/or Activities.
II. BANK BUSINESS ACTIVITIES BASED ON BUKU
a. Fund Mobilization
Fund mobilization activities include:
1) deposits (current accounts, savings);
2) investments (current accounts, savings, deposits);
3) issuance of Sharia deposit certificates;
4) financing received;
5) issuance of Sharia securities including Sharia securities with equity features;
6) asset securitization; and
7) other fund mobilization activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
b. Fund Disbursement
Fund disbursement activities include:
1) financing based on profit-sharing principles (mudharabah, musyarakah, musyarakah mutanaqisah), leasing principles (ijarah, ijarah muntahiya bittamlik, multijasa), sales principles (murabahah, istishna, salam), and lending principles (qardh) including in the form of syndicated financing;
2) refinancing;
3) debt or financing transfer;
4) Sharia factoring;
5) purchase of Sharia securities;
6) placement with Bank Indonesia;
7) placement with other banks; and
8) other fund disbursement activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
c. Trade Finance
Trade finance activities include:
1) trade financing through the issuance and acceptance of Domestic Documentary Letters of Credit (SKBDN);
2) export-import financing using Letters of Credit (L/C);
3) export-import financing without using L/C; and
4) other trade finance activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
d. Treasury Activities
Treasury activities include:
1) buying and selling foreign banknotes;
2) foreign currency cash transactions, namely spot transactions;
3) hedging transactions on exchange rates based on Sharia Principles; and
4) other treasury activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
e. Agency and Cooperation Activities
Agency and cooperation activities include:
1) sales agents for Sharia mutual fund securities;
2) sales agents for Sharia securities issued by the Government;
3) marketing cooperation with Sharia insurance companies (bancassurance) in reference, distribution, and integration business models;
4) payment points; and
5) other agency or cooperation activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
f. Payment System and Electronic Banking Activities Payment system and electronic banking activities include:
1) clearing organizers;
2) organizers of final settlement of transactions between Banks (settlement);
3) organizers of fund transfers;
4) organizers of card-based payment instruments including Automated Teller Machine (ATM) cards, debit cards, and financing cards (sharia card);
5) organizers of electronic money (e-money);
6) phone banking;
7) sms banking;
8) mobile banking;
9) internet banking; and
10) other payment system and electronic banking activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
g. Other Activities
Other activity types include:
1) provision of Safe Deposit Boxes (SDB);
2) Traveller’s Cheques (TC);
3) mass payroll payments;
4) cash management;
5) Premium Customer Service (LNP);
6) custodian;
7) trustee;
8) trust with management;
9) virtual account;
10) cash pick up and delivery;
11) escrow agent;
12) bank guarantees;
13) Inclusive Financial Officeless Financial Services (Laku Pandai); and
14) other activities commonly carried out by Banks as long as they do not conflict with legislation and Sharia Principles.
a. Equity Participation Activities
Equity participation activities can only be carried out by BUS. Equity participation is the investment of BUS funds in the form of shares in Islamic banks and other financial companies that conduct business activities based on Sharia Principles as regulated in legislation, including investment in the form of mandatory convertible sukuk or certain types of transactions that result in BUS having or to have shares in companies engaged in financial business activities based on Sharia Principles.
b. Temporary Equity Participation Activities for Financing Rescue Activities in the form of temporary equity participation by Banks in customer companies to overcome financing failures (debt to equity swap) as regulated in provisions regarding Bank equity participation.
III. CRITERIA FOR NEW PRODUCTS AND ACTIVITIES
New Products and/or Activities are Products and/or Activities that meet the following criteria:
a. have never been issued or carried out previously by the respective Bank; or b. have been issued or carried out previously by the Bank but involve the development of features or characteristics.
The term development of features or characteristics includes the addition and/or replacement of features or characteristics that cause changes or increases in the risk profile of Products and/or Activities issued previously.
Examples of Products that undergo feature or characteristic development but do not cause changes or increases in risk profile are time deposit products that undergo changes in duration and/or nominal value.
Examples of Products or Activities that undergo feature or characteristic development and cause changes or increases in risk profile include:
IV. INCLUSION OF PLANS FOR ISSUANCE OF NEW PRODUCTS AND/OR IMPLEMENTATION OF NEW ACTIVITIES IN THE BANK'S BUSINESS PLAN
Plans for the issuance of Products and/or implementation of new Activities included in the Bank's business plan must at least contain the following information and explanations:
The inclusion of plans for the issuance of Products and/or implementation of new Activities uses the format as referred to in Appendix I.
V. SCOPE OF POLICIES AND PROCEDURES IN RISK MANAGEMENT
The scope of policies and procedures in risk management for new Products and/or Activities must at least cover:
VI. LICENSING OF NEW PRODUCTS AND/OR ACTIVITIES
Banks are required to obtain approval from the Financial Services Authority to issue Products and/or carry out new Activities if the new Products and/or Activities are not listed in the Bank Products and Activities Codification. Such Products and/or Activities must be in accordance with the BUKU classification and must be listed in the Bank's business plan if the Products and/or Activities have never been issued or carried out previously by the Bank.
Banks may issue Products and/or carry out new Activities without approval from the Financial Services Authority if the new Products and/or Activities have:
a. been listed in the Bank Products and Activities Codification; b. been listed in the Bank's business plan;
c. been in accordance with the BUKU classification; and
d. been supported by adequate operational readiness.
The inclusion of new Products and/or Activities in the Bank's business plan as referred to in item 2 letter b applies to new Products and/or Activities because they meet the criteria of never having been issued or carried out previously by the Bank.
Definitions or general characteristics of Bank Products and Activities as referred to in item 1 and item 2 refer to Appendix II.
The scope of Bank Products and Activities in each BUKU refers to Appendix III.
The Bank Products and Activities Codification refers to Appendix IV.
VII. APPLICATION FOR APPROVAL OF ISSUANCE OF NEW PRODUCTS AND/OR IMPLEMENTATION OF NEW ACTIVITIES
Applications for approval of the issuance of Products and/or implementation of new Activities are submitted by Banks to the Financial Services Authority at least 30 (thirty) working days prior to the issuance of Products and/or implementation of new Activities using the sample letter format as referred to in Appendix V.1 accompanied by supporting documents containing at least the following information and explanations:
general explanation of new Products and/or Activities including:
a. type and name of new Products and/or Activities; b. planned timing of issuance of Products and/or implementation of new Activities; and
c. information regarding features or characteristics of Products to be issued and/or Activities to be carried out;
benefits and costs for the Bank;
benefits and risks for customers;
standard operating procedures containing among others definitions and schemes; related regulations; characteristics; target market or customers; process flow (flowchart), related work units and personnel; implementation procedures according to the process flow; accounting journals; policies regarding transparency and customer protection; and handling of problematic customers (in the event it is a financing Product);
plans for policies and procedures related to the implementation of the Anti-Money Laundering and Counter-Terrorism Financing (APU and PPT) program;
identification, measurement, monitoring, and control of risks inherent in new Products and/or Activities;
results of legal and compliance aspect analysis of new Products and/or Activities;
accounting information systems including a brief explanation of the linkage of such accounting information systems with the Bank's overall accounting information systems, and/or administrative recording systems;
Sharia opinion from the Sharia Supervisory Board (DPS) regarding new Products and/or Activities at least covering:
a. new Products and/or Activities are based on fatwas of the National Sharia Board – Indonesian Ulema Council (DSN-MUI); b. the conformity of new Products and/or Activities with DSN-MUI fatwas at least covering:
1) the contracts used and fulfillment of elements in the contracts used;
2) transaction objects and purposes of use;
3) conformity of bonus/nisbah profit-sharing/margin/ujrah/fee determination with the contracts used, including in the event of a need for review of nisbah profit-sharing/margin/ujrah (for disbursement products);
4) determination of administrative costs; and
5) determination of gifts, penalties/sanctions and/or compensation, discounts, accelerated repayment, and treatment of collateral, if any;
c. standard operating procedures for new Products and/or Activities related to the fulfillment of Sharia Principles; and
d. results of review of contract/agreement/application form concepts for new Products and/or Activities related to the fulfillment of Sharia Principles.
contract/agreement/application form concepts at least covering:
a. identity of the parties; b. contracts used;
c. detailed and clear description of the value and objects of the agreement;
d. rights and obligations of the parties; e. contract implementation mechanism; f. duration; g. bonus/nisbah profit-sharing/margin/ujrah/fee; h. collateral objects, if any;
i. details of related costs;
j. dispute resolution mechanism in the event of disputes/disputes; k. in the agreement contains the statement: "This agreement has been adjusted to the provisions of legislation including the provisions of the Financial Services Authority Regulation", attached with an opinion from the legal work unit stating that the contract/agreement/application form concept is in accordance with applicable regulations; and
operational readiness including human resources and information technology readiness.
The Sharia opinion from the DPS as referred to in item 9 uses the sample format as referred to in Appendix V.2.
VIII. REPORT ON THE IMPLEMENTATION OF ISSUANCE OF NEW PRODUCTS AND/OR IMPLEMENTATION OF NEW ACTIVITIES
Reports on the implementation of issuance of Products and/or implementation of new Activities that have received approval from the Financial Services Authority are submitted by Banks to the Financial Services Authority at most 7 (seven) working days after the issuance of Products and/or implementation of new Activities using the sample letter format as referred to in Appendix V.3 accompanied by supporting documents in the form of explanations regarding the conformity of new Products issued or new Activities carried out with Products and/or new Activities approved by the Financial Services Authority.
Reports on the implementation of issuance of Products and/or implementation of new Activities that do not require approval from the Financial Services Authority are submitted by Banks to the Financial Services Authority at most 7 (seven) working days after the issuance of Products and/or implementation of new Activities using the sample letter format as referred to in Appendix V.4 accompanied by supporting documents as follows:
a. general summary of new Products and/or Activities at least covering:
1) type and name of new Products and/or Activities;
2) date of issuance of Products and/or implementation of new Activities;
3) conformity of new Products issued and/or new Activities carried out with:
a) BUKU classification; and b) Bank Products and Activities Codification;
4) benefits and costs for the Bank;
5) benefits and risks for customers;
6) target market or customers;
7) characteristics of Products and/or Activities;
8) process flow (flowchart) and implementation procedures according to the process flow of Products and/or Activities;
9) accounting journals;
10) policies regarding transparency and customer protection; and
11) handling of problematic customers (in the event it is a financing Product);
b. standard operating procedures containing among others definitions and schemes; related regulations; characteristics; target market or customers; process flow (flowchart), related work units and personnel; implementation procedures according to the process flow; accounting journals; policies regarding transparency and customer protection; and handling of problematic customers (in the event it is a financing Product); and
IX. REPORT ON PLANS TO CEASE BANK PRODUCTS AND/OR ACTIVITIES
Reports on plans to cease Bank Products and/or Activities are submitted by Banks to the Financial Services Authority at most 10 (ten) working days prior to the implementation of the cessation of Bank Products and/or Activities using the sample letter format as referred to in Appendix V.5 accompanied by supporting documents containing at least:
X. REPORT ON THE IMPLEMENTATION OF PERMANENT CESSATION OF PRODUCTS AND/OR ACTIVITIES AT THE BANK'S INITIATIVE
Reports on the implementation of permanent cessation of Bank Products and/or Activities are submitted by Banks to the Financial Services Authority at most 7 (seven) working days after the cessation of Bank Products and/or Activities referring to the letter format as referred to in Appendix V.6 accompanied by supporting documents containing at least explanations regarding steps taken to settle or transfer all obligations to customers and other parties.
XI. REPORT ON THE IMPLEMENTATION OF TEMPORARY CESSATION, IMPROVEMENT REPORTS, AND REPORTS ON THE RE-ISSUANCE OF PRODUCTS AND/OR RE-IMPLEMENTATION OF ACTIVITIES OF BANKS AT THE ORDER OF THE FINANCIAL SERVICES AUTHORITY
Reports on the implementation of temporary cessation of Bank Products and/or Activities at the order of the Financial Services Authority are submitted by Banks to the Financial Services Authority at most 7 (seven) working days after the cessation of Bank Products and/or Activities using the sample letter format as referred to in Appendix V.7.
Reports on the improvement of Products and/or Activities following temporary cessation are submitted by Banks to the Financial Services Authority within the timeframe set by the Financial Services Authority using the sample letter format as referred to in Appendix V.8.
Reports on the implementation of re-issuance of Products and/or re-implementation of Activities of Banks because the Financial Services Authority has lifted the temporary cessation are submitted by Banks to the Financial Services Authority at most 7 (seven) working days after the re-issuance of Products and/or re-implementation of Activities using the sample letter format as referred to in Appendix V.9.
XII. REPORT ON THE IMPLEMENTATION OF PERMANENT CESSATION AND REPORTS ON ACTION PLANS FOR PRODUCTS AND/OR ACTIVITIES OF BANKS AT THE ORDER OF THE FINANCIAL SERVICES AUTHORITY
Reports on the implementation of permanent cessation of Bank Products and/or Activities at the order of the Financial Services Authority are submitted by Banks to the Financial Services Authority at most 7 (seven) working days after the cessation of Bank Products and/or Activities using the sample letter format as referred to in Appendix V.10.
Reports on action plans following the permanent cessation of Bank Products and/or Activities are submitted by Banks to the Financial Services Authority at most 20 (twenty) working days after the date of the cessation letter of Products and/or Activities using the sample letter format as referred to in Appendix V.11.
XIII. SUBMISSION OF APPROVAL APPLICATIONS AND/OR SUBMISSION OF REPORTS
Applications for approval and/or submission of reports are submitted by Banks to the Financial Services Authority at the following addresses:
a. Sharia Banking Department, for Banks headquartered in the Jakarta, Bogor, Depok, Tangerang, and Bekasi (Jabodetabek) area, and Banten Province; or b. Regional Office or local Financial Services Authority Office for Banks headquartered outside the Jakarta, Bogor, Depok, Tangerang, and Bekasi (Jabodetabek) area, and Banten Province.
In the event that the Financial Services Authority has provided an electronic licensing system, applications for approval and/or submission of reports are submitted to the Financial Services Authority referring to the mechanisms and procedures as regulated in provisions governing electronic licensing.
XIV. OTHERS
Appendix I, Appendix II, Appendix III, Appendix IV, and Appendix V are an integral part of this Financial Services Authority Circular Letter.
XV. CLOSING
Upon the entry into force of this Financial Services Authority Circular Letter:
This Financial Services Authority Circular Letter takes effect on the date of determination.
Determined in Jakarta on December 22, 2015
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY, signed
NELSON TAMPUBOLON
A copy in accordance with the original
Director of Law 1
Law Department signed
Sudarmaji
APPENDIX I
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 36 /SEOJK.03/2015 CONCERNING PRODUCTS AND ACTIVITIES OF ISLAMIC COMMERCIAL BANKS AND ISLAMIC BUSINESS UNITS
PLAN FOR ISSUANCE OF PRODUCTS AND/OR IMPLEMENTATION OF NEW ACTIVITIES BANK:
YEAR:
No. Type and Name of New Product and/or Activity 1) Planned Time for Issuance of Product and/or Implementation of New Activity Purpose of Issuance of Product and/or Implementation of New Activity Linkage of New Product and/or Activity with Bank Strategy 2) General Description of New Product and/or Activity 2) Risks that may arise from Issuance of Product and/or Implementation of New Activity 2) Risk Mitigation Plan For Bank For Customers
1) Examples: fund collection – Mudharabah deposits, fund disbursement – Mutanaqisah Musharakah financing, agency and cooperation – bancassurance, payment systems and electronic banking – internet banking.
2) More detailed explanations can be included in a separate sheet.
Determined in Jakarta
On the date of 22 December 2015
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY, signature
NELSON TAMPUBOLON
Copy matches the original
Director of Law 1
Legal Department signature
Sudarmaji
APPENDIX II
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 36 /SEOJK.03/2015 CONCERNING PRODUCTS AND ACTIVITIES OF ISLAMIC COMMERCIAL BANKS AND ISLAMIC BUSINESS UNITS
DEFINITIONS OR GENERAL CHARACTERISTICS OF PRODUCTS AND ACTIVITIES OF BANKS
APPENDIX III
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 36 /SEOJK.03/2015 CONCERNING PRODUCTS AND ACTIVITIES OF ISLAMIC COMMERCIAL BANKS AND ISLAMIC BUSINESS UNITS
PRODUCTS AND ACTIVITIES OF ISLAMIC COMMERCIAL BANKS AND ISLAMIC BUSINESS UNITS BASED ON BUSINESS ACTIVITY GROUPS
letter g with note “without approval” but not in accordance with the Codification of Bank Products and Activities.
FUND DISBURSEMENT
a. Financing based on profit-sharing principles
1) Mudharabah Financing Without Approval Without Approval Without Approval Without Approval
2) Musyarakah Financing Without Approval Without Approval Without Approval Without Approval
3) Diminishing Musharakah (MMQ) Financing Without Approval Without Approval Without Approval Without Approval
b. Financing based on leasing principles
1) Ijarah Financing Without Approval Without Approval Without Approval Without Approval
2) Ijarah Muntahiyah Bittamlik (IMBT) Financing Without Approval Without Approval Without Approval Without Approval
3) Multi-Service Ijarah Financing Without Approval Without Approval Without Approval Without Approval
4) Hajj Management Financing Without Approval Without Approval Without Approval Without Approval
c. Financing based on sale-and-purchase principles
1) Murabahah Financing Without Approval Without Approval Without Approval Without Approval
2) Gold Ownership Financing (PKE) Without Approval Without Approval Without Approval Without Approval
3) Istishna’ Financing Without Approval Without Approval Without Approval Without Approval
4) Salam Financing Without Approval Without Approval Without Approval Without Approval
d. Financing based on loan principles
1) Qardh Financing Without Approval Without Approval Without Approval Without Approval
2) Gold-Collateralized Qardh Financing Without Approval Without Approval Without Approval Without Approval
e. Syndicated Financing (participants) Without approval Without approval Without approval Without approval f. Refinancing Without approval Without approval Without approval Without approval g. Debt transfer or financing Without approval Without approval Without approval Without approval h. Sharia factoring Without approval Without approval Without approval Without approval
i. Purchase of Sharia securities Without approval Without approval Without approval Without approval
j. Placement at Bank Indonesia Without approval Without approval Without approval Without approval k. Placement at other banks Without approval Without approval Without approval Without approval
l. Other fund disbursements
1) Outside letters a to k
2) Letters a to k but not in accordance with the Codification of Bank Products and Activities.
TRADE FINANCE
a. Financing with Bankers Acceptance (SKBDN) Without approval Without approval Without approval Without approval b. Import financing with Letter of Credit (L/C) Prohibited Without approval Without approval Without approval
c. Export financing with Letter of Credit (L/C) Prohibited Without approval Without approval Without approval
d. Export-import financing without Letter of Credit (L/C) Prohibited Without approval Without approval Without approval e. Other trade finance
1) Outside letters a to d
2) Letters a to d with note “without approval” but not in accordance with the Codification of Bank Products and Activities.
Approval
TREASURY
a. Sale and purchase of foreign banknotes Approval as PVA Without approval c) Without approval c) Without approval c) b. Foreign exchange transactions (spot) Prohibited Without approval Without approval Without approval
c. Sharia-compliant hedging transactions on exchange rates
1) Simple Sharia-compliant hedging transactions on exchange rates Prohibited Without approval Approval
2) Complex Sharia-compliant hedging transactions on exchange rates Without approval Approval Approval
3) Sharia-compliant hedging transactions on exchange rates via Sharia commodity exchange Prohibited Without approval Approval
d. Other Treasury
1) Outside letters a to c
2) Letters a to c with note “without approval” but not in accordance with the Codification of Bank Products and Activities.
Prohibited Approval
FOREIGN EXCHANGE ACTIVITIES c) Approval
(Only as PVA) Approval
CAPITAL PARTICIPATION Prohibited Approval
15% of capital Approval
25% of capital Approval
35% of capital Approval
TEMPORARY CAPITAL PARTICIPATION Without approval Without approval Without approval Without approval
AGENCY AND COOPERATION
a. Mutual fund Sharia security sales agent Prohibited Approval b. Government-issued Sharia security sales agent Without approval Without approval Without approval Without approval
c. Bancassurance reference business model Approval
d. Bancassurance distribution business model Prohibited Approval e. Bancassurance integration business model Prohibited Approval f. Payment point Without approval Without approval Without approval Without approval g. Other agency and cooperation
1) Outside letters a to f
2) Letters a to f with note “without approval” but not in accordance with the Codification of Bank Products and Activities.
Approval
PAYMENT SYSTEMS AND ELECTRONIC BANKING
a. Clearing organizer d) Approval b. Interbank transaction final settlement organizer (settlement) d) Approval
c. Fund transfer organizer d) Without approval Without approval Without approval Without approval
d. Payment instrument organizer using cards other than financing cards (sharia card) d) Approval e. Payment instrument organizer using financing cards (sharia card) d) Prohibited Approval f. Electronic money (e-money) organizer d) Approval g. Phone banking e) Approval h. SMS banking e) Approval
i. Mobile banking e) Approval
j. Internet banking e) Prohibited f) Approval k. Payment systems and other electronic banking d) and Approval
1) Outside letters a to j.
2) Outside letters a to j with note “without approval” but not in accordance with the Codification of Bank Products and Activities.
OTHER ACTIVITIES
a. Safe Deposit Box (SDB) Without approval Without approval Without approval Without approval b. Traveller’s Cheque (TC) Without approval Without approval Without approval Without approval
c. Payroll Without approval Without approval Without approval Without approval
d. Cash management Prohibited g) Approval e. Premium Customer Service (LNP) Approval h. Custodian b) Prohibited Prohibited Approval Approval
i. Trustee b) Prohibited Prohibited Approval Approval
j. Virtual Account (VA) Without approval Without approval Without approval Without approval k. Cash pick up and delivery Without approval Without approval Without approval Without approval
l. Escrow agent Without approval Without approval Without approval Without approval
m. Bank Guarantee Without approval Without approval Without approval Without approval n. Trust with management Prohibited Prohibited Approval Approval o. Laku Pandai Approval p. Other activities
1) Outside letters a to o.
2) Letters a to o with note “without approval” but not in accordance with the Codification of Bank Products and Activities.
Approval
Notes:
a) : Long-term foreign loans must obtain market entry permission from Bank Indonesia b) : Approval refers to capital market legislation including regulations in the field of capital markets. c) : Banks may conduct foreign exchange business activities provided they have obtained approval from the Financial Services Authority. d) : Banks must obtain implementation permits from Bank Indonesia after obtaining approval from the Financial Services Authority. e) : In the event that the parent conventional commercial bank of the UUS already has approval from the Financial Services Authority, the UUS only needs to report to the Financial Services Authority by citing the approval already held by the parent conventional commercial bank. f) : Unless carried out through cooperation with other banks. g) : Except for cash management consisting of mass payroll payment services/assistance.
Established in Jakarta
On December 22, 2015
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY, signature
NELSON TAMPUBOLON
Copy matches the original
Legal Director 1
Legal Department signature
Sudarmaji
APPENDIX V
FINANCIAL SERVICES AUTHORITY CIRCULAR LETTER
NUMBER 36 /SEOJK.03/2015
CONCERNING
PRODUCTS AND ACTIVITIES OF SHARIA COMMERCIAL BANKS AND SHARIA BUSINESS UNITS
Appendix V.1
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Request for Approval of Issuance of New Product/Implementation of New Activity 2) Assalamu’alaikum Wr. Wb.
With regard to the above subject, we hereby submit a request for approval for the issuance of a new Product/implementation of a new Activity 2) with details as follows:
CHECKLIST OF DOCUMENTS FOR REQUEST FOR APPROVAL OF NEW PRODUCT/ACTIVITY 1) No. Document Check Notes
(Place), (Date, Month, Year)
BANK BOARD OF DIRECTORS
1) Strike out what is not needed.
Appendix V.2
SHARIA SUPERVISORY BOARD (DPS) OPINION
Name of New Product/Activity 1): ………………………
No. Notes Opinion
Appendix V.3
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Realization of Issuance of New Product/Implementation of New Activity 2) Assalamu’alaikum Wr. Wb.
With regard to the Financial Services Authority Approval Letter Number ...... dated ..... Subject ....., we hereby report that the issuance of a new Product/implementation of a new Activity 2) has been carried out as follows:
Appendix V.4
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Realization of Issuance of New Product/Implementation of New Activity 2) Assalamu’alaikum Wr. Wb.
With regard to the above subject, we hereby report that the issuance of a new Product/implementation of a new Activity 2) has been carried out as follows:
CHECKLIST OF DOCUMENTS FOR REALIZATION OF ISSUANCE OF NEW PRODUCT/IMPLEMENTATION OF NEW ACTIVITY 1) No. Document Check Notes
(Place), (Date, Month, Year)
BANK BOARD OF DIRECTORS
1) Strike out what is not needed.
Appendix V.5
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Plan to Discontinue Product/Activity 2) Assalamu’alaikum Wr. Wb.
With regard to the above subject, we hereby submit a report on the plan to discontinue Product/Activity 2) as follows:
BANK BOARD OF DIRECTORS
1) Sharia Banking Department, Regional Office, or local Financial Services Authority office covering the relevant BUS or UUS.
2) Strike out what is not needed.
CHECKLIST OF DOCUMENTS FOR PLAN TO DISCONTINUE PRODUCT/ACTIVITY 1) No. Document Check Notes
(Place), (Date, Month, Year)
BANK BOARD OF DIRECTORS
1) Strike out what is not needed.
Appendix V.6
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Realization of Discontinuation of Product/Activity 2) Assalamu’alaikum Wr. Wb.
With regard to Financial Services Authority Letter Number ...... dated ..... Subject ..... 2)/With regard to our Letter Number ...... dated ..... Subject ..... 3)4), we hereby report that we have carried out the discontinuation of Product/Activity 4) as follows:
Appendix V.7
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Realization of Temporary Discontinuation of Product/Activity 2) Assalamu’alaikum Wr. Wb.
With regard to Financial Services Authority Letter Number ...... dated ..... Subject ...., we hereby report that we have carried out the temporary discontinuation of Product/Activity 2) as follows:
Appendix V.8
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Improvement of Product/Activity 2) Assalamu’alaikum Wr. Wb.
With regard to Financial Services Authority Letter Number ...... dated ..... Subject .... and our Letter Number ...... dated ..... regarding Report on Realization of Temporary Discontinuation of Product/Activity 2, we hereby report that we have improved Product ..... /Activity 2) ...... in accordance with the request of the Financial Services Authority as attached. Thus, we submit this report, thank you for your attention. Wassalamu’alaikum Wr. Wb. BANK BOARD OF DIRECTORS
1) Sharia Banking Department, Regional Office, or local Financial Services Authority office covering the relevant BUS or UUS.
2) Strike out what is not needed.
Appendix V.9
Number: .................... (Place), (Date, Month, Year)
Attachment: ....................
To
Financial Services Authority
Attention 1)
Subject: Report on Realization of Reissuance of Product/Re-implementation of Activity 2) Assalamu’alaikum Wr. Wb.
With regard to Financial Services Authority Letter Number .......... dated ........ Subject............, we hereby report that the reissuance of Product/re-implementation of Activity 2) has been carried out as follows:
Appendix V.10
Number: .................... (Place), (Date, Month, Year)
Enclosure: ....................
To
Financial Services Authority
Attention: 1)
Subject: Report on the Realization of Permanent Cessation of Products/Activities 2) Assalamu’alaikum Wr. Wb.
In relation to the Financial Services Authority letter Number ...... dated ..... Subject ....., we hereby report that we have implemented the permanent cessation of Products/Activities 2) as follows:
Appendix V.11
Number: .................... (Place), (Date, Month, Year)
Enclosure: ....................
To
Financial Services Authority
Attention: 1)
Subject: Report on the Action Plan for Cessation of Products/Activities 2) Assalamu’alaikum Wr. Wb.
In relation to the Financial Services Authority letter Number .... dated .... Subject ...., we hereby submit the action plan for the permanent cessation of Product ......../Activity ......... 2) which was implemented on date ..........
This report is submitted, we appreciate your attention.
Wassalamu’alaikum Wr. Wb.
BANK BOARD OF DIRECTORS
1) Sharia Banking Department, Regional Office, or local Financial Services Authority Office covering the relevant Commercial Bank (BUS) or Sharia Business Unit (UUS).
2) Strike out what is not needed.
Established in Jakarta
On date 22 December 2015
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY, signature
NELSON TAMPUBOLON
Copy in accordance with the original
Legal Director 1
Legal Department signature
Sudarmaji
APPENDIX IV
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY NUMBER 36 /SEOJK.03/2015 REGARDING PRODUCTS AND ACTIVITIES OF SHARIA COMMERCIAL BANKS AND SHARIA BUSINESS UNITS
CODIFICATION OF PRODUCTS AND ACTIVITIES
OF SHARIA COMMERCIAL BANKS AND SHARIA BUSINESS UNITS
TABLE OF CONTENTS
I. FUND RAISING…………………………………………………………… 1
I.1. Deposits…………..…….……………………………………………….... 1
I.I.1. Current Accounts……………….…………………………………………………... 1
I.I.2. Savings………………………………………………………….... 4
I.2. Investments ………………………………………………………………….... 8
I.2.1. Current Accounts………………………………………………………... 8 I.2.2. Savings……………………………………………………………. 13 I.2.3. Deposits……………………………………………………………… 18 I.3. Sharia Deposit Certificates in Bearer Form……………….. 23 I.4. Loans/Financing Received……………………………….. 25
II. FUND DISBURSEMENT………………………………………………………………. 27
II.1. Financing Based on Profit-Sharing Principles………………………. 27 II.1.1.Mudharabah Financing………………………………………. 27 II.1.2.Musyarakah Financing……………………………………….. 31
II.1.3.Musyarakah Mutanaqisah (MMQ) Financing................ 36
II.2. Financing Based on Leasing Principles………………… 42
II.2.1.Ijarah Financing.......................................................... 42
II.2.2.Ijarah Muntahiyah Bittamlik (IMBT) Financing………….. 46
II.2.3.Multi-Service Ijarah Financing…………………………………....
II.2.4.Hajj Management Financing…………………………………… II.3. Financing Based on Sales Principles…………………………. 57
II.3.1.Murabahah Financing.................................................. 57
II.3.2.Gold Ownership Financing (PKE).............................. 62
II.3.3.Istishna’ Financing....................................................... 67
II.3.4.Salam Financing.......................................................... 71
II.4. Financing Based on Loan Principles…………….. 75
II.4.1.Qardh Financing.......................................................... 75
II.4.2.Gold-Collateralized Qardh Financing.................................. 78
II.5. Syndicated Financing ............................................................. 82
II.6. Refinancing……………………………………….. 86
II.7. Debt or Financing Transfer…………………………………... 91
II.8. Sharia Factoring………………………………………………….... 99
II.9. Purchase of Sharia Securities……………………………………. 102 II.10. Placements at Bank Indonesia……………………………………. 104 II.11. Placements at Other Banks…………………………………………… 106
III. TRADE FINANCE………………………… 108
III.1. Financing with Domestic Documentary Letters of Credit…. 108 III.1.1. Issuance and Financing of Domestic DLC………………………... 108 III.1.2. Receipt and Financing of Domestic DLC…………………..….. 112 III.2. Import Financing with Letter of Credit (L/C)………………….. 115 III.3. Export Financing with Letter of Credit (L/C)………………… 121
III.4. Export-Import Financing Without Letter of Credit (L/C)............ 126
IV. TREASURY………………………………………………………………………….. 129
IV.1. Sale and Purchase of Foreign Currency Banknotes…………………………... 129
IV.2. Foreign Exchange Transactions - Spot……………………………………........ 132
IV.3. Simple Sharia Hedging Transactions on Exchange Rates…. 134
V. TEMPORARY CAPITAL PARTICIPATION…………………………………………. 138
VI. AGENCY AND COOPERATION………………………………………………… 141
VI.1. Agent for Sale of Sharia Securities Issued by the Government….............................................................................
VI.2. Payment Point……………………………………………………………....
VII. PAYMENT SYSTEMS AND ELECTRONIC BANKING………………….... 144
VII.1. Fund Transfer Operators…………………………………………... 144 VIII.OTHER ACTIVITIES……………………………………………………………… 146 VIII.1. Safe Deposit Box (SDB)………………………………………………… 146 VIII.2. Traveller’s Cheque (TC)……………………………………………….. 148 VIII.3. Payroll…………………………………………………………………….. 150 VIII.4. Virtual Account (VA)……………………………………………………. 153 VIII.5. Cash Pick Up and Delivery……………………………………………. 155 VIII.6. Escrow Agent………………………………… 158 VIII.7. Bank Guarantees……………………………………………………………. 160
I. FUND RAISING
I.1. DEPOSITS
I.I.1. CURRENT ACCOUNTS
4.2. The Bank may charge account administration fees consisting of costs directly related to account management costs, including costs for printing transaction reports and account balances, opening fees, and closing fees.
4.3. The Bank may issue current accounts in Rupiah and foreign currency (specifically for foreign currency savings, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.4. The Bank may deduct zakat or infaq from remuneration or bonuses received by customers according to the customer's request in the account opening agreement.
4.5. The Bank may provide ATM and/or e-banking facilities in accordance with Bank policy and applicable regulations.
4.6. The Bank may provide promotional gifts in the context of promotion by meeting the following requirements:
a. promotional gifts are not agreed upon, do not lead to disguised riba practices and/or do not become a custom (habit); b. promotional gifts must be in the form of goods and/or services (not in the form of money);
c. in the event that promotional gifts are in the form of goods, the promotional gifts must be tangible and halal items; and
d. promotional gifts are given before the occurrence of the wadi’ah contract.
5. Purpose/
Benefits a. For
Banks
5.a.1. A source of funding for the Bank.
5.a.2. One source of income from follow-up activities utilizing current account funds. b. For Customers 5.b.1. Facilitating payment and/or fund receipt activities. 5.b.2. Can obtain remuneration or bonuses.
6. Risk
Identification
6.1. The Bank faces potential liquidity risk caused by fluctuations in funds in current accounts, so the Bank must reserve funds with liquid assets without disrupting the Bank's activities and financial condition.
6.2. The Bank faces potential market risk caused by changes (fluctuations) in exchange rates when issuing current accounts in foreign currency.
7. Related
Regulations
Related regulations include:
7.1. Bank Indonesia Regulation (PBI) No.7/6/PBI/2005 on Product Information Transparency and Use of Customer Personal Data and Financial Services Authority Circular Letter (SEBI) No.7/25/DPNP along with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Raising and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendments.
7.3. PBI No.11/11/PBI/2009 on Payment Instruments Using Cards as amended by PBI No.14/2/PBI/2012 and SEBI No. 11/10/DASP as amended by SEBI No.14/17/DASP along with its amendments.
7.4. PBI No.13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with its amendments.
7.5. PBI No.14/27/PBI/2012 on AML/CFT Program Implementation for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.6. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.7. Financial Services Authority Regulation (POJK) No.1/POJK.07/2013 on Financial Services Sector Consumer Protection along with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendments.
7.10.SEOJK No.12/SEOJK.07/2014 on Information Submission in the Context of Marketing Products and/or Financial Services along with its amendments. 7.11.SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendments. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with its amendments.
8. Sharia
Fatwa
National Sharia Board (DSN) Fatwa
8.1. DSN Fatwa No.01/DSN-MUI/IV/2000 on Current Accounts.
8.2. DSN Fatwa No.86/DSN-MUI/XII/2012 on Gifts in Fund Raising by Sharia Financial Institutions.
9. Accounting
System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI)
10. Applies to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
I.I.2. SAVINGS
1. Definition: Customer funds deposited at the Bank that can only be withdrawn according to specific agreed terms, but cannot be withdrawn using checks, giro slips, and/or other instruments equated with them.
2. Contract: Wadi’ah
3. Requirements 3.1. The Bank acts as the recipient of the deposited funds and the customer acts as the depositor.
3.2. The Bank may manage or use the customer's deposited funds.
3.3. The Bank is not permitted to promise the provision of remuneration or bonuses to customers.
3.4. The Bank guarantees the return of the customer's deposited funds.
3.5. The Bank and customer formalize their agreement on the opening and use of the savings product in the form of a written agreement, using forms, or other forms that can be equated with it.
3.6. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.7. The Bank has policies and procedures for risk mitigation.
3.8. The Bank has adequate recording and account administration systems.
3.9. Savings account opening requirements must take into account related regulations:
a. Anti-Money Laundering/Counter Financing of Terrorism (AML/CFT); b. Product information transparency;
c. Customer protection in the financial services sector;
d. Deposit insurance by the Indonesia Deposit Insurance Corporation (LPS); e. Bank institutionalization; and f. Other related regulations.
4. Characteristics 4.1 The Bank may set customer targets, namely individuals and/or non-individuals.
4.2 The Bank may provide savings books or account statements.
4.3 The Bank may set specific initial deposits.
4.4 The Bank may set specific minimum balances.
4.5 The Bank may charge account administration fees consisting of costs directly related to savings account management costs, including costs for printing transaction reports and account balances, opening fees, and closing fees.
4.6 The Bank may issue savings accounts in Rupiah and foreign currency (specifically for foreign currency savings, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.7 The Bank may deduct zakat or infaq from bonuses received by customers according to the customer's request in the savings account opening agreement.
4.8 The Bank may provide ATM and/or e-banking facilities in accordance with Bank policy and applicable regulations.
4.9 The Bank may issue special savings accounts for students by meeting the following requirements:
a. The Bank sets policies including those related to account opening, initial deposits, subsequent deposits, minimum balance, administration fees, bonus provision, dormant account status, and procedures for cash deposits and withdrawals from savings. b. Account opening is carried out through cooperation between the school and the Bank (the form of cooperation is adjusted to each Bank's policy).
c. One student is only permitted to have one savings account at 1 (one) same Bank and is not permitted to have a joint account with "and/or" status.
d. Parents/guardians may grant power of attorney to the school (designated school officials) or other parties for the opening of savings accounts. e. Withdrawals, deposits, and transfers can be served at the school and all Bank channels in accordance with Bank policy. f. Offline transactions are subject to the policy of each respective Bank.
4.10 The Bank may provide promotional gifts in the context of promotion by meeting the following requirements:
a. promotional gifts are not agreed upon, do not lead to disguised riba practices and/or do not become a custom (habit); b. promotional gifts must be in the form of goods and/or services (not in the form of money);
c. in the event that promotional gifts are in the form of goods, the promotional gifts must be tangible and halal items; and
d. promotional gifts are given before the occurrence of the wadi’ah contract.
5. Purpose/
Benefits a. For
Banks
5.a.1. A source of funding for the Bank.
One source of income from follow-up activities utilizing savings funds. b. For Customers 5.b.1. Ease in managing liquidity in terms of deposits, withdrawals, transfers, and flexible transaction payments. 5.b.2. Can obtain remuneration or bonuses.
6. Risk
Identification
6.1. The Bank faces potential liquidity risk caused by fluctuations in funds in savings accounts, so the Bank must reserve funds with liquid assets without disrupting the Bank's activities and financial condition.
6.2. The Bank faces potential market risk caused by changes (fluctuations) in exchange rates when issuing savings accounts in foreign currency.
7. Related
Regulations
Related regulations include:
7.1. PBI No.7/6/PBI/2005 on Product Information Transparency and Use of Customer Personal Data and SEBI No.7/25/DPNP along with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Raising and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendments.
7.3. PBI No.11/11/PBI/2009 on Payment Instruments Using Cards as amended by PBI No.14/2/PBI/2012 and SEBI No. 11/10/DASP as amended by SEBI No. 14/17/DASP along with its amendments.
7.4. PBI No.13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with its amendments.
7.5. PBI No.14/27/PBI/2012 on AML/CFT Program Implementation for Commercial Banks and
SEBI No. 15/21/DPNP along with its amendments.
7.6. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.7. POJK No.1/POJK.07/2013 on Financial Services Sector Consumer Protection along with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendments.
7.10. SEOJK No.12/SEOJK.07/2014 on Information Submission in the Context of Marketing Products and/or Financial Services along with its amendments.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.12. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with its amendments.
8. Sharia
Fatwa
National Sharia Board (DSN) Fatwa
8.1. DSN Fatwa No.02/DSN-MUI/IV/2000 on Savings.
8.2. DSN Fatwa No.86/DSN-MUI/XII/2012 on Gifts in Fund Raising by Sharia Financial Institutions.
9. Accounting
System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI)
10. Applies to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
I.2. INVESTMENTS
I.2.1. CURRENT ACCOUNTS
1. Definition: Customer fund investments at the Bank that can be withdrawn according to agreement using checks, giro slips, other payment order instruments, or through transfer orders.
2. Contracts 2.1. Mudharabah Mutlaqah
2.2. Mudharabah Muqayyadah
3. Requirements 3.1. The Bank acts as the fund manager and the customer acts as the fund owner.
3.2. In the event that current accounts use the Mudharabah Mutlaqah contract:
a. The Bank is not limited in using customer funds in fund disbursement activities as long as they do not conflict with Sharia Principles; and b. the customer, as the fund owner, bears the risk of loss in the event that the financed investment object or underlying asset experiences a decline in quality or losses that do not occur due to the negligence of the Bank as the fund manager, unless the Bank as the fund manager guarantees the entire principal of the customer's funds.
3.3. In the event that current accounts use the Mudharabah Muqayyadah contract:
a. the customer, as the fund owner, provides certain conditions and limitations to the bank, including regarding location, method, and/or investment objects, which are clearly stated in the agreement; and b. the customer, as the fund owner, bears the risk of loss in the event that the financed investment object or underlying asset experiences a decline in quality or losses that do not occur due to the negligence of the Bank as the fund manager and/or violate the substance of the agreement.
3.4. The Bank and customer state the profit distribution in the form of an agreed nisbah (profit-sharing ratio) and formalized in the account opening contract.
3.5. The Bank is not permitted to reduce the customer's profit share without the customer's consent.
3.6. The Bank and customer formalize their agreement on the opening and use of the current account product in the form of a written agreement, using forms, or other forms that can be equated with it.
3.7. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.8. The Bank has policies and procedures for risk mitigation.
3.9. The Bank has adequate recording and account administration systems.
3.10. The Bank submits account statements (account mutation reports).
3.11. Current account opening requirements must take into account related regulations:
a. Anti-Money Laundering/Counter Financing of Terrorism (AML/CFT); b. National Blacklist (DHN);
c. Product information transparency;
d. Customer protection in the financial services sector; e. Deposit insurance by the Indonesia Deposit Insurance Corporation (LPS); f. Bank institutionalization; and g. Other related regulations.
4. Characteristics 4.1. The Bank may set customer targets, namely individuals and/or non-individuals.
4.2. The Bank may guarantee the return of the customer's principal funds.
4.3. The Bank may set specific initial deposits.
4.4. The Bank may set specific minimum balances.
4.5. The Bank may charge account administration fees consisting of costs directly related to account management costs, including costs for checks/giro slips, stamp duty, printing transaction reports and account balances, opening fees, and closing fees.
4.6. The Bank may issue current accounts in Rupiah and foreign currency (specifically for foreign currency current accounts, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.7. The Bank may deduct zakat or infaq from principal and/or profit shares received by customers according to the customer's request in the current account opening agreement.
4.8. The Bank may provide ATM and/or e-banking facilities in accordance with Bank policy and applicable regulations.
4.9. The Bank may provide promotional gifts in the context of promotion by meeting the following requirements:
a. promotional gifts are not agreed upon, do not lead to disguised riba practices and/or are not customary (habitual); b. promotional gifts must be in the form of goods and/or services (not in the form of money); and
c. in the event that promotional gifts are in the form of goods, the promotional gifts must be tangible and halal objects.
Objectives/
Benefits a. For the Bank
5.a.1. A source of funding for the Bank.
5.a.2. One source of income from follow-up activities utilizing giro funds. b. For Customers 5.b.1. Facilitating payment and/or receipt of funds activities. 5.b.2. Can obtain profit-sharing.
Risk
Identification
6.1. The Bank faces potential liquidity risk caused by fluctuations in funds in giro accounts, so the Bank must reserve funds with liquid assets without disrupting the Bank's activities and financial condition.
6.2. The Bank faces potential market risk caused by changes (fluctuations) in exchange rates if issuing giro in foreign currency.
6.3. The Bank faces potential yield risk caused by changes in the yield rate paid by the Bank to giro account holders, thereby affecting the behavior of giro account holders.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP along with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendments.
7.3. PBI No.11/11/PBI/2009 on Payment Instruments Using Cards as amended by PBI No.14/2/PBI/2012 and SEBI No.11/10/DASP as amended by SEBI No.14/17/DASP along with its amendments.
7.4. PBI No.13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with its amendments.
7.5. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No.15/21/DPNP along with its amendments.
7.6. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital along with its amendments.
7.7. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendments.
7.10. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services along with its amendments.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.12. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information along with its amendments.
Sharia
Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No.01/DSN-MUI/IV/2000 on Giro.
8.2. DSN Fatwa No.86/DSN-MUI/XII/2012 on Gifts in Fund Gathering by Sharia Financial Institutions.
Accounting
System/
Recording
9.1. PSAK No.105 on Mudharabah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
I.2.2. SAVINGS
Definition Investment of customer funds in the Bank, the withdrawal of which can only be done according to specific terms agreed upon, but cannot be withdrawn with checks, giro drafts, and/or other instruments equivalent to those.
Contract 2.1. Mudharabah Mutlaqah
2.2. Mudharabah Muqayyadah
Requirements 3.1. The Bank acts as the fund manager and the customer acts as the fund owner.
3.2. In the event that savings use the Mudharabah Mutlaqah contract:
a. The Bank is not limited in using customer funds in fund disbursement activities as long as it does not conflict with Sharia Principles; and b. the customer as the fund owner bears the risk of loss in the event that the financed investment object or underlying asset experiences a decline in quality or loss that occurs not due to the negligence of the Bank as the fund manager, unless the Bank as the fund manager guarantees the entire principal of the customer's funds.
3.3. In the event that savings use the Mudharabah Muqayyadah contract:
a. the customer as the fund owner provides certain conditions and limitations to the Bank, including regarding location, method, and/or investment object, which are clearly stated in the agreement; and b. the customer as the fund owner bears the risk of loss in the event that the financed investment object or underlying asset experiences a decline in quality or loss that occurs not due to the negligence of the Bank as the fund manager and/or violates the substance of the agreement.
3.4. The Bank and customer conduct profit sharing in the form of an agreed nisbah (ratio) and stated in the account opening contract.
3.5. The Bank is not permitted to reduce the customer's profit sharing ratio without the customer's approval.
3.6. The Bank and customer state their agreement on the opening and use of savings products in the form of a written agreement, using a form, or other forms that can be equated to those.
3.7. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.8. The Bank has policies and procedures for risk mitigation.
3.9. The Bank has adequate recording and account administration systems.
3.10. In the event that savings are time-bound or planned savings, the withdrawal of funds by the customer can only be done according to the agreed time.
3.11. Savings account opening requirements must take into account related regulations:
a. Anti-Money Laundering/Counter-Terrorism Financing Program (APU/PPT); b. Product information transparency;
c. Customer protection in the financial services sector;
d. Deposit insurance by the Deposit Insurance Corporation (LPS); e. Bank institutionalization; and f. Other related regulations.
Characteristics 4.1. The Bank may set customer targets, namely individuals and/or non-individuals.
4.2. The Bank may issue savings books or account statements.
4.3. The Bank may set specific initial deposits.
4.4. The Bank may set specific minimum balances.
4.5. The Bank may charge account administration fees in the form of costs directly related to account management costs, including costs for printing transaction reports and account balances, account opening costs, and account closure costs.
4.6. The Bank may issue savings in Rupiah and foreign currency (specifically for savings in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.7. The Bank may deduct zakat or infaq from the profit-sharing received by the customer according to the customer's request in the savings account opening agreement.
4.8. The Bank may add Sharia insurance coverage features (only applies to Banks that have received bancassurance approval).
4.9. The Bank may provide ATM and/or e-banking facilities in accordance with Bank policy and applicable regulations.
4.10. The Bank may issue special savings for students by meeting the following requirements:
a. The Bank sets policies including regarding account opening, initial deposits, subsequent deposits, minimum balance, administration fees, profit-sharing provision, dormant account status, and procedures for depositing and withdrawing cash from savings. b. Account opening is conducted through cooperation between the school and the Bank (the form of cooperation is adjusted to each Bank's policy).
c. One student is only permitted to have one savings account in one (1) same Bank and is not permitted to have a joint account with "and/or" status.
d. Parents/guardians may grant power of attorney to the school (designated school officials) or other parties for the opening of savings accounts. e. Withdrawal, deposit, and transfer services can be provided at the school and all Bank channels in accordance with Bank policy. f. Offline transactions are subject to the policy of each respective Bank.
4.11. The Bank may provide promotional gifts in the context of promotion by meeting the following requirements:
a. promotional gifts are not agreed upon, do not lead to disguised riba practices and/or are not customary (habitual); b. promotional gifts must be in the form of goods and/or services (not in the form of money); and
c. in the event that promotional gifts are in the form of goods, the promotional gifts must be tangible and halal objects.
4.12. Savings can be ordinary savings or time-bound/planned savings. In the event that savings are time-bound or planned savings:
a. the savings have a specific agreed duration; b. the savings have an agreed purpose;
c. savings deposits can be made through autodebit or other agreed media (in the event of autodebit, the Bank notifies the customer if there is a failure in the autodebit process);
d. savings profit-sharing can increase the savings principal or be transferred to an agreed account; and e. reporting media can be in the form of account statements or e-statements.
Objectives/
Benefits a. For the Bank
5.a.1. A source of funding for the Bank.
5.a.2. One source of income from follow-up activities utilizing savings funds. b. For Customers 5.b.1. Ease in liquidity management regarding deposits, withdrawals, transfers, and flexible payment transactions. 5.b.2. Can obtain profit-sharing.
Risk
Identification
6.1. The Bank faces potential liquidity risk caused by fluctuations in funds in savings accounts, so the Bank must reserve funds with liquid assets without disrupting the Bank's activities and financial condition.
6.2. The Bank faces potential market risk caused by changes (fluctuations) in exchange rates if issuing savings in foreign currency.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP along with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendments.
7.3. PBI No.11/11/PBI/2009 on Payment Instruments Using Cards as amended by PBI No.14/2/PBI/2012 and SEBI No.11/10/DASP as amended by SEBI No.14/17/DASP along with its amendments.
7.4. PBI No.13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with its amendments.
7.5. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.6. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital along with its amendments.
7.7. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendments.
7.10. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services along with its amendments.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.12. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information along with its amendments.
Sharia
Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No.02/DSN-MUI/IV/2000 on Savings.
8.2. DSN Fatwa No.86/DSN-MUI/XII/2012 on Gifts in Fund Gathering by Sharia Financial Institutions.
Accounting
System/
Recording
9.1. PSAK No.105 on Mudharabah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
I.2.3. TIME DEPOSITS
Definition Investment of customer funds in the Bank, the withdrawal of which can only be done at a specific time agreed upon based on a contract between the depositing customer and the Bank.
Contract 2.1. Mudharabah Mutlaqah
2.2. Mudharabah Muqayyadah
Requirements 3.1. The Bank acts as the fund manager and the customer acts as the fund owner.
3.2. In the event that time deposits use the Mudharabah Mutlaqah contract:
a. The Bank is not limited in using customer funds in fund disbursement activities as long as it does not conflict with Sharia Principles; and b. the customer as the fund owner bears the risk of loss in the event that the financed investment object or underlying asset experiences a decline in quality or loss that occurs not due to the negligence of the Bank as the fund manager, unless the Bank as the fund manager guarantees the entire principal of the customer's funds.
3.3. In the event that time deposits use the Mudharabah Muqayyadah contract:
a. the customer as the fund owner provides certain conditions and limitations to the Bank, including regarding location, method, and/or investment object, which are clearly stated in the agreement; and b. the customer as the fund owner bears the risk of loss in the event that the financed investment object or underlying asset experiences a decline in quality or loss that occurs not due to the negligence of the Bank as the fund manager and/or violates the substance of the agreement.
3.4. The Bank and customer conduct profit sharing in the form of an agreed nisbah (ratio) and stated in the account opening contract.
3.5. The Bank is not permitted to reduce the customer's profit sharing ratio without the customer's approval.
3.6. The Bank and customer state their agreement on the opening and use of time deposit products in the form of a written agreement, using a form, or other forms that can be equated to those.
3.7. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.8. The Bank has policies and procedures for risk mitigation.
3.9. The Bank has adequate recording and account administration systems.
3.10. Time deposit account opening requirements must take into account related regulations:
a. Anti-Money Laundering/Counter-Terrorism Financing Program (APU/PPT); b. Product information transparency;
c. Customer protection in the financial services sector;
d. Deposit insurance by the Deposit Insurance Corporation (LPS); e. Bank institutionalization; and f. Other related regulations.
Characteristics 4.1. The Bank may set customer targets, namely individuals and/or non-individuals.
4.2. The Bank may set specific durations.
4.3. The Bank may set specific nominal amounts.
4.4. The Bank may charge account administration fees in the form of costs directly related to account management costs, including account opening costs and account closure costs.
4.5. The Bank may issue time deposits in Rupiah and foreign currency (specifically for time deposits in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.6. The Bank may deduct zakat or infaq from the profit-sharing received by the customer according to the customer's request in the time deposit account opening agreement.
4.7. Matured time deposits can be automatically renewed (automatic roll over) in accordance with the agreement.
4.8. Time deposit profit-sharing can increase the deposit principal or be transferred to another account such as a giro or savings account according to the customer's request.
4.9. Time deposits can be ordinary time deposits or deposit on call:
a. In the event of ordinary time deposits, the Bank may impose penalties if the customer withdraws funds before maturity; b. In the event of deposit on call:
1) The customer must inform the Bank in advance if they intend to withdraw deposit on call funds.
2) The maximum duration is 30 (thirty) days.
4.10. The Bank may provide promotional gifts in the context of promotion by meeting the following requirements:
a. promotional gifts are not agreed upon, do not lead to disguised riba practices and/or are not customary (habitual); b. promotional gifts must be in the form of goods and/or services (not in the form of money); and
c. in the event that promotional gifts are in the form of goods, the promotional gifts must be tangible and halal objects.
Objectives/
Benefits a. For the Bank
5.a.1. A source of funding for the Bank.
5.a.2. One source of income from follow-up activities utilizing time deposit funds. b. For Customers Can obtain profit-sharing.
Risk
Identification
6.1. The Bank faces potential liquidity risk caused by matured time deposits, so the Bank must fulfill obligations for matured time deposits with liquid assets without disrupting the Bank's activities and financial condition.
6.2. The Bank faces potential market risk caused by changes (fluctuations) in exchange rates if issuing time deposits in foreign currency.
6.3. The Bank faces potential yield risk caused by changes in the yield rate paid by the Bank to time deposit holders, thereby affecting the behavior of time deposit holders.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP along with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital along with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendments.
7.8. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendments.
7.9. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services along with its amendments.
7.10. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.11. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information along with its amendments.
Sharia
Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No.03/DSN-MUI/IV/2000 on Time Deposits.
8.2. DSN Fatwa No.86/DSN-MUI/XII/2012 on Gifts in Fund Gathering by Sharia Financial Institutions.
Accounting
System/
Recording
9.1. PSAK No.105 on Mudharabah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
I.3. SHARIA CERTIFICATE OF DEPOSIT IN CERTIFICATE FORM
Definition Savings in the form of time deposits based on Sharia Principles, the certificate of which can be transferred by meeting certain conditions.
Contract Refers to regulations governing Sharia certificates of deposit.
Requirements Refers to regulations governing Sharia certificates of deposit.
Characteristics Refers to regulations governing Sharia certificates of deposit.
Objectives/
Benefits a. For the Bank One source of funding for the Bank. b. For Customers Can obtain profit-sharing.
Risk
Identification
6.1. The Bank faces potential liquidity risk caused by matured deposits, so the Bank must fulfill obligations for matured deposits with liquid assets without disrupting the Bank's activities and financial condition.
6.2. The Bank faces potential market risk caused by changes (fluctuations) in exchange rates if issuing Sharia certificates of deposit in foreign currency.
6.3. The Bank faces potential yield risk caused by changes in the yield rate paid by the Bank to holders of Sharia certificates of deposit, thereby affecting the behavior of holders of Sharia certificates of deposit.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No.15/21/DPNP along with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital along with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by
amended with PBI No.17/6/PBI/2015 along with its amendment provisions.
7.8. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendment provisions.
7.9. POJK No.10/POJK.03/2015 on the Issuance of Deposit Certificates by Banks and SEOJK regulating the issuance of Islamic deposit certificates.
7.10. SEOJK No.12/SEOJK.07/2014 on the Submission of Information in the Context of Marketing Financial Products and/or Financial Services along with its amendment provisions.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendment provisions.
7.12. SEOJK No.14/SEOJK.07/2014 on the Confidentiality and Security of Consumer Data and/or Personal Information along with its amendment provisions.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa regarding Islamic deposit certificates.
Accounting System/
Recording
9.1. PSAK No.105 on Mudharabah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
I.4. RECEIVED LOANS/FINANCING
Definition Loans or financing received from banks or third parties that are not banks.
Contracts 2.1 Musyarakah
2.2 Mudhabarah
2.3 Qardh
Requirements 3.1. Banks are required to disclose details of received loans/financing regarding:
a. Type (source of funds) of received loans; b. Tenor, remuneration (if any), and maturity of received loans or financing;
c. Currency type (Rupiah and foreign currency);
d. Associated obligations; e. Value of pledged bank assets; and f. Related party relationships.
3.2. Received loans/financing are recognized at nominal value at the time the agreement is signed or when an agreement is reached between the receiving bank and the lending/financing bank.
Characteristics 4.1. Banks may provide profit-sharing on received loans/financing.
4.2. Banks may receive loans/financing in Rupiah or foreign currency (specifically for loans/financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.3. Banks may receive loans/financing from domestic and/or foreign sources. In the event that loans/financing originate from abroad, they must comply with regulations governing foreign loans for Banks.
4.4. Long-term loans/financing originating from abroad must obtain approval from Bank Indonesia.
Purpose/
Benefits a. For Banks It serves as an instrument for liquidity control. b. For Customers They can obtain profit-sharing.
Risk
Identification
6.1. Banks face potential liquidity risk when loans/financing mature if there is a large maturity gap between liquid assets and liquid liabilities.
6.2. Banks face potential market risk caused by exchange rate (fluctuation) changes for banks receiving loans in foreign currency.
Related
Provisions
Related provisions include:
7.1. PBI No.7/1/PBI/2005 on Foreign Loans for Banks.
7.2. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units.
7.3. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks.
7.4. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendment provisions.
7.5. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendment provisions.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No.07/DSN-MUI/IV/2000 on Mudharabah Financing (Qiradh).
8.2. DSN Fatwa No.08/DSN-MUI/IV/2000 on Musyarakah Financing.
8.3. DSN Fatwa No.19/DSN-MUI/IV/2001 on Al-Qardh.
Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II. FUND DISBURSEMENT
II.1. FINANCING BASED ON PROFIT-SHARING PRINCIPLES II.1.1. MUDHARABAH FINANCING
Definition Provision of funds for business cooperation between two parties where the fund provider provides all funds, while the fund manager acts as the manager, and profits are shared among them according to an agreed ratio.
Contracts 2.1. Mudharabah Mutlaqah
2.2. Mudharabah Muqayyadah
Requirements 3.1. The Bank acts as the fund provider and the customer acts as the fund manager.
3.2. In the event that financing uses:
a. Mudharabah Mutlaqah contract, then the Bank as the fund provider grants freedom to the customer as the fund manager in managing the funds. b. Mudharabah Muqayyadah contract, then the Bank as the fund provider provides specific limitations to the customer as the fund manager, including regarding location, method, and/or investment object.
3.3. Customer business activities must not conflict with Sharia Principles.
3.4. The repayment period for funds and the sharing of business results from fund management are determined based on agreement between the Bank and the customer.
3.5. The sharing of business results from fund management is expressed in an agreed profit-sharing ratio.
3.6. Business result sharing is conducted based on the customer's business result report.
3.7. The agreed profit-sharing ratio cannot be changed throughout the financing period, except based on agreement between the parties.
3.8. The Bank and customer bear losses proportionally according to their respective capital portions.
In the event that the customer commits negligence, fraud, and/or violates the agreement resulting in business loss, then:
a. The Bank is not responsible for the losses incurred; and b. The customer is required to return the remaining financing provided by the Bank and the profit-sharing that has become the Bank's right but has not yet been paid.
3.9. The Bank conducts analysis of customer financing applications which include among others personal aspects such as character analysis and/or business aspects including among others business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.10. The Bank and customer formalize the financing agreement in a written agreement.
3.11. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.12. The Bank has policies and procedures for risk mitigation.
3.13. The Bank has adequate recording and account administration systems.
Characteristics 4.1. The Bank can set financing segments, namely Micro Small Enterprises (UMK), non-UMK, individuals, or business entities/legal entities.
4.2. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.3. The Bank can provide financing used for working capital and/or investment purposes.
4.4. The Bank can set specific ceiling amounts.
4.5. The Bank can set specific tenors.
4.6. The Bank can request guarantees from customers at the time of financing disbursement.
4.7. The Bank can charge administrative fees in accordance with agreements, the amount of which corresponds to the actual related costs.
4.8. The financing profit-sharing ratio can be determined according to agreement or tiered. The method of determining the ratio is agreed upon at the beginning of the contract and can be changed according to agreement.
4.9. Financing disbursement by the Bank can be done in a lump sum or in stages.
4.10. Financing repayment by the customer can be done in two ways, namely:
a. periodically in accordance with the customer's business cash inflow projections; or b. in a lump sum at the end of financing (for financing with a tenor of up to 1 (one) year).
4.11. The financing profit-sharing method refers to the Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Purpose/
Benefits a. For Banks 5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of profit-sharing according to the business income managed by the customer. b. For Customers Meeting business capital needs.
Risk
Identification
6.1. Banks face potential credit risk caused by customer default or breach of contract.
6.2. Banks face potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. Banks face potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting Bank operations.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP along with its amendment provisions.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendment provisions.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with its amendment provisions.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No.15/21/DPNP along with its amendment provisions.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendment provisions.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendment provisions.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No.8/SEOJK.03/2015 along with its amendment provisions.
7.8. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendment provisions.
7.9. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendment provisions.
7.10. SEOJK No.12/SEOJK.07/2014 on the Submission of Information in the Context of Marketing Financial Products and/or Financial Services along with its amendment provisions.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendment provisions.
7.12. SEOJK No.14/SEOJK.07/2014 on the Confidentiality and Security of Consumer Data and/or Personal Information along with its amendment provisions.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No.07/DSN-MUI/IV/2000 on Mudharabah Financing (Qiradh).
8.2. DSN Fatwa No.43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
Accounting System/
Recording
9.1. PSAK No.105 on Mudharabah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.1.2. MUSYARAKAH FINANCING
Definition Provision of funds for specific business cooperation where each party provides a portion of funds with the stipulation that profits will be shared according to an agreed ratio, while losses are borne according to each party's fund portion.
Contracts Musyarakah
Requirements 3.1. The Bank and customer each act as business partners by jointly providing funds to finance a specific business activity.
3.2. Customer business activities must not conflict with Sharia Principles.
3.3. The financing period, fund repayment, and sharing of business results are determined based on agreement between the Bank and the customer.
3.4. The sharing of business results from fund management is expressed in an agreed profit-sharing ratio.
3.5. Business result sharing is conducted based on the customer's business result report.
3.6. The agreed profit-sharing ratio cannot be changed throughout the financing period, except based on agreement between the parties.
3.7. The Bank and customer bear losses proportionally according to their respective capital. In the event that the customer commits negligence, fraud, and/or violates the agreement resulting in business loss, then:
a. The Bank is not responsible for the losses incurred; and b. The customer is required to return the remaining financing provided by the Bank and the profit-sharing that has become the Bank's right but has not yet been paid.
3.8. The customer acts as the business manager and the Bank as a business partner may participate in business management according to agreed duties and authorities, such as conducting reviews and/or requesting business result reports made by the customer based on supporting evidence that can be accounted for.
3.9. The Bank conducts analysis of customer financing applications which include among others personal aspects such as character analysis and/or business aspects including among others business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.10. The Bank and customer formalize the financing agreement in a written agreement.
3.11. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.12. The Bank has policies and procedures for risk mitigation.
3.13. The Bank has adequate recording and account administration systems.
3.14. The Bank or customer may propose that if profits exceed a certain amount, the excess or percentage can be given to one party according to agreement.
Characteristics 4.1. The Bank can set financing segments, namely Micro Small Enterprises (UMK), non-UMK, individuals, or business entities/legal entities.
4.2. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.3. The Bank can provide financing for working capital and/or investment purposes.
4.4. The Bank can set specific ceiling amounts.
4.5. The Bank can set specific tenors.
4.6. The Bank can request guarantees from customers at the time of financing disbursement.
4.7. The Bank can charge administrative fees in accordance with agreements, the amount of which corresponds to the actual related costs.
4.8. The profit-sharing ratio can be set proportionally and according to agreement and tiered. The method of determining the ratio is agreed upon at the beginning of the contract and can be changed.
4.9. Financing disbursement can be done in a lump sum or in stages.
4.10. Financing repayment can be done in two ways, namely:
a. periodically in accordance with the customer's business cash inflow projections; or b. in a lump sum at the end of financing (for financing with a tenor of up to 1 (one) year).
4.11. The Bank or customer may propose that if profits exceed a certain amount, the excess or percentage can be given to one party according to agreement as long as it does not harm the fund-owning customer.
4.12. The financing profit-sharing method refers to the Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Purpose/
Benefits a. For Banks 5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of profit-sharing according to the business income managed by the customer. b. For Customers Meeting business capital needs.
Risk
Identification
6.1. Banks face potential credit risk caused by customer default or breach of contract.
6.2. Banks face potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. Banks face potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting Bank operations.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP along with its amendment provisions.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with its amendment provisions.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with its amendment provisions.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendment provisions.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendment provisions.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendment provisions.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK
No.8/SEOJK.03/2015 along with its amendment provisions.
7.8. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 along with its amendment provisions.
7.9. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 along with its amendment provisions.
7.10. SEOJK No.12/SEOJK.07/2014 on the Submission of Information in the Context of Marketing Financial Products and/or Financial Services along with its amendment provisions.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements along with its amendment provisions.
7.12. SEOJK No.14/SEOJK.07/2014 on the Confidentiality and Security of Consumer Data and/or Personal Information along with its amendment provisions.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No.08/DSN-MUI/IV/2000 on Musyarakah Financing.
8.2. DSN Fatwa No.43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
8.3. DSN Fatwa No.55/DSN-MUI/V/2007 on Sharia Current Account Financing Musyarakah.
Accounting System/
Recording
9.1. PSAK No.106 on Musyarakah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.1.2. MUSYARAKAH MUTANAQISAH FINANCING (MMQ)
Definition Musyarakah financing where the ownership of assets (goods) or capital of one party (partner) decreases due to gradual purchase by the other party.
Contracts Musyarakah and Bai’
Requirements 3.1. Must meet Musyarakah financing requirements including:
a. The Bank and customer provide capital contributions based on agreement; b. Profits are shared according to the agreed ratio; and
c. Losses are borne according to capital proportion.
3.2. Business capital from the parties (Bank and customer) is expressed in the form of ownership portions (hishshah).
3.3. Business capital that has been expressed in the form of ownership portions (hishshah) must not decrease while the contract is effectively in force.
3.4. The Bank promises to sell its entire ownership portion (hishshah) gradually and the customer is obligated to buy it.
3.5. The Bank transfers its entire ownership portion (hishshah) to the customer after the sale is settled.
3.6. Profits obtained from renting out Musyarakah Mutanaqisah (MMQ) assets are shared according to the ratio agreed upon in the contract, while losses are shared based on ownership portions (hishshah). In the event of customer default, the customer returns the Musyarakah Mutanaqisah (MMQ) asset that is the object of the partnership in order to return the Bank's remaining ownership portion.
3.7. The financing period is determined based on agreement between the Bank and the customer.
3.8. The Bank conducts analysis of customer financing applications which include among others personal aspects such as character analysis and/or business aspects including among others business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.9. The Bank and customer formalize the financing agreement in a written agreement or other form that can be equated to it.
3.10. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.11. The Bank has policies and procedures for risk mitigation.
3.12. The Bank has adequate recording and account administration systems.
Characteristics 4.1. The Bank can set financing segments, namely Micro Small Enterprises (UMK), non-UMK, individuals, or business entities/legal entities.
4.2. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.3. The Bank can provide financing used for investment and/or consumption purposes.
4.4. The Bank can set specific ceiling amounts.
4.5. The Bank can set specific tenors.
4.6. The Bank can request guarantees from customers at the time of financing disbursement.
4.7. The Bank can charge administrative fees in accordance with agreements, the amount of which corresponds to the actual related costs.
4.8. The profit-sharing ratio can be set in a tiered manner, with different amounts based on agreement at the beginning of the contract.
4.9. Musyarakah Mutanaqisah (MMQ) assets can be rented to the customer or other parties. In the event that Musyarakah Mutanaqisah (MMQ) assets are rented to the partner customer, the rental payments recorded at the Bank can be used as evidence of business income.
4.10. The Bank can review the ujrah (rental fee) of Musyarakah Mutanaqisah (MMQ) asset rentals if it meets the following conditions:
a. a change in the contract period occurs; b. there is a very strong indication that if a review is not conducted, losses will arise for one of the parties;
c. it is agreed upon by both parties (Bank and customer or other party renting).
4.11. The profit-sharing method refers to the Indonesian Sharia Banking Accounting Guidelines (PAPSI).
4.12. Musyarakah Mutanaqisah (MMQ) assets can be:
a. tangible assets or available/ready stock; and/or b. intangible assets or orders.
In the event that Musyarakah Mutanaqisah (MMQ) assets are intangible goods or orders, they must meet the following requirements:
a. using the Musyarakah Mutanaqisah (MMQ) contract and ijarah maushufah fi al-dzimmah. b. in the event that financing is intended for property ownership, it must also meet the following:
1) meet the requirements as regulated in provisions regarding loan to value ratio or financing to value ratio for property credit or financing and down payments for motor vehicle credit or financing, including:
a) the financing is first-ranking property financing; b) there is a cooperation agreement between the Bank and the developer which at least contains the developer's commitment to complete the property according to the agreement with the customer; c) there is a guarantee provided by the developer to the Bank
that originate from the developer themselves or other parties that can be used to settle the developer's obligations if the property cannot be completed and/or cannot be handed over according to the agreement; and
d) disbursement of property financing can only be done in stages according to the development progress of the financed property.
2) In the cooperation agreement between the Bank and the developer, there must be clauses regarding the clarity of the financed object related to:
a) quantity and quality; b) criteria and specifications; and c) construction period and handover time.
3) In the Musyarakah Mutanaqisah (MMQ) financing agreement, there must be clauses governing the resolution of issues in case of developer breach of contract.
4) The Bank is required to have policies and criteria for developers who can cooperate with the Bank.
5) The Bank is required to ensure that the developer has the ability to realize the Musyarakah Mutanaqisah (MMQ) asset, which can be indicated by parameters including but not limited to:
a) the land is available, certified, and free from disputes; and b) the developer has obtained a building construction permit in accordance with applicable laws and regulations.
6) Revenue recognition while the Musyarakah Mutanaqisah (MMQ) asset is still under construction refers to the Indonesian Sharia Banking Accounting Guidelines (PAPSI).
c. Profit ratio (profit sharing) is determined based on agreement and can follow changes in capital ownership proportions.
d. Payment of ujrah from the lease of Musyarakah Mutanaqisah (MMQ) assets can be done in cash, deferred, or in stages according to agreement.
a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of profit sharing based on rental income from goods.
b. For
Customers
Meeting business capital needs or to own specific assets.
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP together with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS together with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units together with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No.8/SEOJK.03/2015 together with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 together with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 together with its amendments.
7.10. PBI No. 17/10/PBI/2015 on Loan To Value Ratio or Financing to Value Ratio for Property Credit or Financing and Down Payment for Motor Vehicle Credit or Financing and SEBI No.17/25/DKMP together with its amendments.
7.11. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services together with its amendments.
7.12. SEOJK No.13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.13. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information together with its amendments.
8.1. DSN Fatwa No.08/DSN-MUI/IV/2000 on Musyarakah Financing.
8.2. DSN Fatwa No.09/DSN-MUI/IV/2000 on Ijarah Financing.
8.3. DSN Fatwa No.43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
8.4. DSN Fatwa No.56/DSN-MUI/V/2007 on Ujrah Review Regulations in Sharia Financial Institutions.
8.5. DSN Fatwa No.73/DSN-MUI/XI/2008 on Musyarakah Mutanaqisah.
8.6. DSN Fatwa No.89/DSN-MUI/XII/2013 on Sharia Refinancing.
8.7. DSN-MUI Decision No.01/DSN-MUI/X/2013 dated November 4, 2013 on Implementation Guidelines for Musyarakah Mutanaqisah in Financing.
9.1. PSAK No.106 on Musyarakah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
II.2. FINANCING BASED ON LEASING PRINCIPLES
II.2.1. IJARAH FINANCING
Definition
Provision of funds in the context of transferring the right to use/benefit from an asset for a certain period with rental payment (ujrah) without being followed by the transfer of ownership of the asset itself.
Ijarah Contract
Requirements
3.1. The Bank acts as the owner and/or party having control rights over the leased goods, whether goods or services, which leases the said leased goods to the customer according to agreement.
3.2. Leased goods must be assessable and specifically identifiable and clearly stated, including the amount of rent and its duration.
3.3. Rental payments cannot be made in the form of receivables or in the form of debt forgiveness.
3.4. The Bank may require the customer to be responsible for damage to the leased goods occurring due to breach of contract or customer negligence.
3.5. The Bank conducts analysis of financing applications from customers which includes among others personal aspects such as character analysis (character) and/or business aspects including among others business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.6. The Bank and customer put the financing agreement into a written agreement or other form that can be equated to it.
3.7. The Bank applies product information transparency and customer protection according to applicable regulations.
3.8. The Bank has policies and procedures for risk mitigation.
3.9. The Bank has an adequate recording and account administration system.
4.1. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. The Bank can provide financing for working capital, investment, and/or consumption purposes.
4.3. The Bank can set a specific period.
4.4. The Bank can charge administrative fees according to agreement, the amount of which is in accordance with the actual costs related.
4.5. The Bank can review ujrah if the following conditions are met:
a. there is a change in the contract period; b. there is a very strong indication that if a review is not conducted, losses will arise for one of the parties;
c. agreed upon by both parties (Bank and customer).
4.6. Leased goods are movable or immovable goods that can be utilized.
4.7. The Bank may require the customer to maintain the integrity of the leased goods, and bear the maintenance costs of the leased goods according to agreement, where the description of material and structural maintenance costs must be included in the contract.
4.8. Rental payments can be made in installments or lump sum according to agreement.
a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of fees/ujrah.
b. For Customers
5.b.1. Obtaining usage rights over needed goods.
5.b.2. It is a source of financing and Sharia banking services to obtain usage rights over goods.
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP together with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS together with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units together with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No.8/SEOJK.03/2015 together with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 together with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 together with its amendments.
7.10. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services together with its amendments.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.12. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information together with its amendments.
8.1. DSN Fatwa No.09/DSN-MUI/IV/2000 on Ijarah Financing.
8.2. DSN Fatwa No.43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
8.3. DSN Fatwa No.56/DSN-MUI/V/2007 on Ujrah Review Regulations in Sharia Financial Institutions.
9.1. PSAK No.107 on Ijarah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
II.2.2. IJARAH MUNTAHIYAH BITTAMLIK (IMBT) FINANCING
Definition
Provision of funds in the context of transferring the right to use or benefit from a good or service based on a lease transaction with an option to transfer ownership of the goods.
Ijarah Muntahiyah Bittamlik (IMBT) Contract
Requirements
3.1. The Bank as a provider of funds in ijarah activities with customers also acts as a giver of promise (wa’ad) among others to provide an option to transfer ownership of the leased goods to the customer according to agreement.
3.2. The transfer of ownership of an asset from the Bank to the customer can be done if the leasing activity has ended or been terminated and the ijarah asset has been handed over to the customer by making a separate contract.
3.3. Leased goods must be assessable and specifically identifiable and clearly stated, including the amount of rent and its duration.
3.4. Rental payments cannot be made in the form of receivables or in the form of debt forgiveness.
3.5. Leased goods must be tangible and already available or ready for use (ready stock).
3.6. Depreciation methods, useful life, and residual value refer to applicable accounting standards and the Indonesian Sharia Banking Accounting Guidelines (PAPSI).
3.7. The Bank conducts analysis of financing applications from customers which includes among others personal aspects such as character analysis (character) and/or business aspects including among others business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.8. The Bank and customer put the financing agreement into a written agreement or other form that can be equated to it.
3.9. The Bank applies product information transparency and customer protection according to applicable regulations.
3.10. The Bank has policies and procedures for risk mitigation.
3.11. The Bank has an adequate recording and account administration system.
4.1. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. The Bank can provide financing for working capital, investment, and/or consumption purposes.
4.3. The Bank can set a specific period for financing.
4.4. The Bank can charge administrative fees according to agreement, the amount of which is in accordance with the actual costs related.
4.5. The Bank may require the customer to be responsible for damage to the leased goods occurring due to breach of contract or customer negligence.
4.6. The Bank can set the IMBT object as movable or immovable goods where the lease benefit can be property, motor vehicles, or other assets.
4.7. The Bank can review ujrah if the following conditions are met:
a. there is a change in the contract period; b. there is a very strong indication that if a review is not conducted, losses will arise for one of the parties;
c. agreed upon by both parties (Bank and customer).
4.8. The Bank may require the customer to maintain the integrity of the leased goods, and bear the maintenance costs of the leased goods according to agreement.
4.9. The Bank and customer can agree on rental payment methods in installments or lump sum.
a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of ujrah.
b. For
Customers
5.b.1. Obtaining usage rights over needed goods.
5.b.2. It is a source of financing and Sharia banking services to obtain usage rights over goods and/or obtain the opportunity to own goods.
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP together with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS together with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units together with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No.15/21/DPNP together with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No.8/SEOJK.03/2015 together with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 together with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 together with its amendments.
7.10. PBI No. 17/10/PBI/2015 on Loan To Value Ratio or Financing to Value Ratio for Property Credit or Financing and Down Payment for Motor Vehicle Credit or Financing and SEBI No.17/25/DKMP together with its amendments.
7.11. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services together with its amendments.
7.12. SEOJK No.13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.13. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information together with its amendments.
8.1. DSN Fatwa No.09/DSN-MUI/IV/2000 on Ijarah Financing.
8.2. DSN Fatwa No.27/DSN-MUI/III/2002, on Al-Ijarah Al-Muntahiyah Bi Al-Tamlik.
8.3. DSN Fatwa No.43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
8.4. DSN Fatwa No.56/DSN-MUI/V/2007 on Ujrah Review Regulations in Sharia Financial Institutions.
9.1. PSAK No.107 on Ijarah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
II.2.3. IJARAH MULTIJASA FINANCING
Definition
Provision of funds in the context of transferring benefits over services for a certain period with rental payment (ujrah).
Ijarah or Kafalah Contract
Requirements
3.1. The Bank can obtain service fees/ujrah/fee. The amount of fees/ujrah/fee is agreed upon at the beginning of the contract and stated in nominal form (not in percentage form).
3.2. Financing involves three parties, namely the Bank, the customer, and a third party.
3.3. The Bank conducts analysis of financing applications from customers which includes among others personal aspects such as character analysis (character) and/or financial aspects.
3.4. The Bank and customer put the agreement into a written agreement or other form that can be equated to it.
3.5. The Bank applies product information transparency and customer protection according to applicable regulations.
3.6. The Bank has policies and procedures for risk mitigation.
3.7. The Bank has an adequate recording and account administration system.
4.1. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. The Bank can provide ijarah multijasa financing for purposes such as education services, health services, tourism services, umrah worship services, and other services that do not contradict Sharia Principles.
4.3. The Bank may require the customer to provide invoices/service booking receipts before submitting financing applications and/or financing disbursement.
4.4. The Bank can conduct random checks after the disbursement process to ensure that the disbursed funds are in accordance with the stated purpose of use at the time of the financing application.
4.5. The Bank can charge administrative fees according to agreement, the amount of which is in accordance with the actual costs directly related to the financing.
4.6. The Bank can require guarantees in the form of cash collateral or other forms of guarantees.
4.7. The Bank can set specific limits.
4.8. The Bank can set a specific period.
a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of fees/ujrah/fee.
b. For
Customers
Obtaining benefits from specific services such as education, health, tourism, umrah worship, and/or other services that do not contradict Sharia Principles.
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP together with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS together with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units together with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No.15/21/DPNP together with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No.8/SEOJK.03/2015 together with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 together with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Exchange Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 together with its amendments.
7.10. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Services together with its amendments.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.12. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information together with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 09/DSN-MUI/IV/2000 on Ijarah Financing.
8.2. DSN Fatwa No. 44/DSN-MUI/VII/2004 on Multi-Service Financing.
8.3. DSN Fatwa No. 11/DSN-MUI/IV/2000 on Kafalah.
8.4. DSN Fatwa No. 43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
9. Accounting System/
Recording
9.1. PSAK No. 107 on Ijarah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.2.4. HAJJ MANAGEMENT FINANCING
1. Definition Financing provided by the Bank to customers for the purpose of managing Hajj.
2. Contracts 2.1. Ijarah
2.2. Qardh
3. Requirements 3.1. The Bank has been designated as a Deposit Receiving Bank (BPS) for Hajj (BPIH) by the competent authority.
3.2. In providing Hajj management services, the Bank must not require the provision of Hajj advances (talangan haji).
3.3. In the event the Bank provides Hajj advances:
a. The fee for Hajj management must not be based on the amount of Hajj advance provided by the Bank to the customer. b. The Bank conducts customer analysis which includes, among others, personal aspects such as character analysis and/or financial aspects.
3.4. The Bank and customer record their agreement in a written agreement or other form that can be equated to it.
3.5. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.6. The Bank has policies and procedures for risk mitigation.
3.7. The Bank has an adequate recording and account administration system.
4. Characteristics 4.1. The Bank may charge a fee (ujrah) for Hajj management.
4.2. In the context of Hajj management, the Bank may provide or not provide Hajj advances. In the event the Bank provides Hajj advances, then:
a. The maximum duration is 1 (one) year and cannot be extended. b. The customer is required to settle the Hajj advance provided before the Hajj departure time.
c. The repayment of the Hajj advance can be done periodically or in a lump sum at the end.
d. The Bank may request collateral in the form of Hajj registration proof and/or a letter of authority to cancel the Hajj registration. e. The Bank may charge administrative fees to customers in the form of a nominal amount and not linked to the amount and duration of the Hajj advance.
5. Purpose/
Benefits a. For the Bank As one of the forms of fund disbursement. b. For Customers Obtaining financing for advances in the context of Hajj pilgrimage registration.
6. Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures,
and/or external events affecting Bank operations.
7. Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Mobilization and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Sharia Commercial Banks and Sharia Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services together with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 19/DSN-MUI/IV/2001 on Al-Qardh.
8.2. DSN Fatwa No. 29/DSN-MUI/VI/2002 on Hajj Management Financing by Sharia Financial Institutions.
8.3. DSN Fatwa No. 79/DSN-MUI/IV/2001 on Qardh Using Customer Funds.
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.3. FINANCING BASED ON SALES PRINCIPLES
II.3.1. MURABAHAH FINANCING
1. Definition Provision of funds or claims that can be equated to it for goods purchase transactions at a price equal to the principal cost plus a margin based on agreement or consensus between the Bank and the customer, which obligates the customer to settle the debt/obligation.
2. Contract Murabahah
3. Requirements 3.1. The Bank acts as the fund provider in purchasing goods for the customer, who acts as the buyer of the goods.
3.2. The goods that are the murabahah asset must be clearly known in terms of quantity, quality, acquisition price, and specifications.
3.3. The goods that are the murabahah asset must be existent and available or ready for use (ready stock) at the time of the contract.
3.4. The acquisition price of the murabahah asset must be informed by the Bank to the customer.
3.5. The financing duration is set based on agreement between the Bank and the customer.
3.6. The Bank conducts analysis of the customer's financing application which includes, among others, personal aspects such as character analysis and/or business aspects including, among others, business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.7. The Bank and customer record their agreement in a written agreement or other form that can be equated to it.
3.8. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.9. The Bank has policies and procedures for risk mitigation.
3.10. The Bank has an adequate recording and account administration system.
4. Characteristics 4.1. The Bank may provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. The Bank may provide financing for working capital, investment, and/or consumption purposes.
4.3. The assets that are the object of murabahah can be property, motor vehicles, or other assets.
4.4. The Bank can finance part or all of the purchase price of the goods.
4.5. The Bank may delegate to the customer to purchase the goods needed by the customer from third parties for and on behalf of the Bank. In this case, the murabahah contract can only be conducted after the goods have essentially become the property of the Bank.
4.6. The Bank may request a down payment from the customer as proof of commitment to purchase the murabahah asset before the contract is agreed upon.
a. If the murabahah contract is agreed upon, the down payment becomes part of the settlement of the murabahah receivable. b. If the murabahah contract is cancelled, the down payment is returned to the customer after deducting the actual losses borne by the Bank. If the down payment is smaller than the actual loss, the Bank may request additional funds from the customer.
4.7. The Bank may provide a discount at the time of settling the murabahah receivable, provided that it is not agreed upon in the contract and the amount of the discount is subject to Bank policy.
4.8. In recognizing murabahah income, the Bank can use the annuity method or the proportional method.
4.9. The Bank may provide a price discount (discount) on the goods from the supplier with the following treatment:
a. If given before the murabahah contract occurs, the price discount becomes the right of the customer and reduces the murabahah selling price. b. If given after the murabahah contract occurs, it is divided according to the agreement in the contract. If not regulated in the contract, the price discount becomes the right of the Bank.
4.10. The Bank may provide a discount on the unpaid murabahah installment if the customer makes timely installment payments and/or experiences a decrease in payment ability, provided that it is not agreed upon in the contract and the amount of the discount is subject to Bank policy. In the event the Bank provides a discount on unpaid murabahah receivables because the customer pays installments on time, the Bank must have policies and criteria regarding customers who pay installments on time. The mechanism for providing murabahah installment discounts refers to the Indonesian Sharia Banking Accounting Guidelines (PAPSI).
4.11. The Bank may impose fines on customers who cannot make murabahah receivable installment payments, with indications including, among others, intentional elements and misuse of funds.
5. Purpose/
Benefits a. For the Bank 5.a.1. As one of the forms of fund disbursement.
5.a.2. Obtaining income in the form of margin. b. For Customers 5.b.1. It is one of the alternatives to obtain specific goods through financing from the bank. 5.b.2. Can pay in installments with an installment amount that will not change during the contract period.
6. Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures,
and/or external events affecting Bank operations.
7. Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Mobilization and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Sharia Commercial Banks and Sharia Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. PBI No. 16/16/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Domestic Parties as amended by PBI No. 17/6/PBI/2015 together with its amendments.
7.9. PBI No. 16/17/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Foreign Parties as amended by PBI No. 17/7/PBI/2015 together with its amendments.
7.10. PBI No. 17/10/PBI/2015 on Loan To Value Ratio or Financing to Value Ratio for Property Credit or Financing and Down Payments for Motor Vehicle Credit or Financing and SEBI No. 17/25/DKMP together with its amendments.
7.11. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services together with its amendments.
7.12. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.13. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 04/DSN-MUI/IV/2000 on Murabahah.
8.2. DSN Fatwa No. 10/DSN-MUI/IV/2000 on Wakalah.
8.3. DSN Fatwa No. 13/DSN-MUI/IX/2000 on Down Payments in Murabahah.
8.4. DSN Fatwa No. 16/DSN-MUI/IX/2000 on Discounts in Murabahah.
8.5. DSN Fatwa No. 23/DSN-MUI/III/2002 on Settlement Discounts in Murabahah.
8.6. DSN Fatwa No. 43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
8.7. DSN Fatwa No. 46/DSN-MUI/II/2005 on Murabahah Receivable Discounts (Khashm Fi Al-Murabahah).
8.8. DSN Fatwa No. 47/DSN-MUI/II/2005 on Settlement of Murabahah Receivables for Customers Unable to Pay.
8.9. DSN Fatwa No. 48/DSN-MUI/II/2005 on Rescheduling Murabahah Receivables.
8.10. DSN Fatwa No. 49/DSN-MUI/II/2005 on Conversion of Murabahah Contracts.
8.11. DSN Fatwa No. 84/DSN-MUI/XII/2012 on Profit Recognition Methods for Al-Tamwil Bi Al-Murabahah (Murabahah Financing) in Sharia Financial Institutions.
8.12. DSN Fatwa No. 90/DSN-MUI/XII/2013 on Transfer of Murabahah between Sharia Financial Institutions (LKS).
9. Accounting System/
Recording
9.1. PSAK No. 102 on Murabahah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.3.2. GOLD OWNERSHIP FINANCING (PKE)
1. Definition Financing for gold ownership.
2. Contract Murabahah
3. Requirements 3.1. The object of PKE is gold in the form of ingots (bars) and/or jewelry.
3.2. The PKE amount is the purchase price of the gold financed by the Bank after considering the down payment.
3.3. The collateral for PKE is the gold financed by the Bank.
3.4. The Bank must have adequate written policies and procedures, including analysis procedures based on, among others, the customer's payment ability.
3.5. PKE collateral is as follows:
a. pledged; b. stored physically at the Bank; and
c. cannot be exchanged for other collateral.
3.6. The PKE amount for each customer is at most Rp150,000,000.00 (one hundred fifty million Rupiah).
3.7. Customers are allowed to obtain Gold-Collateralized Qardh Financing and PKE simultaneously, with the following provisions:
a. the total financing balance is at most Rp250,000,000.00 (two hundred fifty million Rupiah); and b. the PKE balance is at most Rp150,000,000.00 (one hundred fifty million Rupiah).
3.8. The PKE down payment is a certain percentage of the acquisition price of the gold financed by the Bank, with the following provisions:
a. at least 20% (twenty percent), for gold in the form of ingots (bars); and/or b. at least 30% (thirty percent), for gold in the form of jewelry. The PKE down payment is paid in cash by the customer to the Bank. The source of PKE down payment funds must come from the customer's own funds (self financing) and not from loans.
3.9. The PKE duration is at most 5 (five) years. In the event of an extension of the financing duration, then:
a. the selling price agreed upon in the initial contract must not increase; and b. refer to regulations governing Bank asset quality assessment.
3.10. The Bank is prohibited from charging storage and maintenance fees for gold used as PKE collateral.
3.11. The method of PKE settlement with the following provisions:
a. payment is made in installments of equal amounts every month; b. accelerated settlement can be done with the following provisions:
1) the customer must pay the entire principal and margin (total receivable) using funds that do not come from the sale of gold collateral; and
2) the customer may be given a discount for accelerated settlement but it cannot be agreed upon in the contract.
3.12. If the customer cannot settle the PKE at maturity and/or is in default (event of default) or PKE is classified as non-performing, the collateral can be executed by the Bank after passing 9 (nine) months from the date of the PKE contract. The results of the collateral execution are offset against the customer's remaining obligations with the following provisions:
a. if the results of the collateral execution are greater than the customer's remaining obligations, the excess is returned to the customer; or b. if the results of the collateral execution are smaller than the customer's remaining obligations, the shortfall remains the customer's obligation.
3.13. The Bank must explain orally and in writing the product characteristics covering at least:
a. requirements for prospective customers; b. fees to be charged;
c. the amount of down payment to be paid by the customer;
d. accelerated settlement procedures; e. settlement procedures in the event of installment arrears or customer inability to pay; f. consequences in the event of installment arrears or customer inability to pay; and g. customer rights and obligations in the event of gold collateral execution.
3.14. The Bank has an adequate recording and account administration system.
4. Characteristics 4.1. Financing can be provided in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. Gold in the form of ingots (bars) and/or in the form of jewelry.
5. Purpose/
Benefits a. For the Bank 5.a.1. As one of the forms of fund disbursement.
5.a.2. Obtaining income in the form of margin. b. For Customers 5.b.1. It is one of the alternatives to own gold through financing from the bank. 5.b.2. The financing amount does not change during the contract period.
6. Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures,
and/or external events affecting Bank operations.
7. Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Mobilization and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Sharia Commercial Banks and Sharia Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. PBI No. 16/16/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Domestic Parties as amended by PBI No. 17/6/PBI/2015 together with its amendments.
7.9. PBI No. 16/17/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Foreign Parties as amended by PBI No. 17/7/PBI/2015 together with its amendments.
7.10. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of
Marketing Products and/or Financial Services together with its amendments.
7.11. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.12. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 04/DSN-MUI/IV/2000 on Murabahah.
8.2. DSN Fatwa No. 10/DSN-MUI/IV/2000 on Wakalah.
8.3. DSN Fatwa No. 13/DSN-MUI/IX/2000 on Down Payments in Murabahah.
8.4. DSN Fatwa No. 16/DSN-MUI/IX/2000 on Discounts in Murabahah.
8.5. DSN Fatwa No. 23/DSN-MUI/III/2002 on Settlement Discounts in Murabahah.
8.6. DSN Fatwa No. 43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
8.7. DSN Fatwa No. 46/DSN-MUI/II/2005 on Murabahah Receivable Discounts (Khashm Fi Al-Murabahah).
8.8. DSN Fatwa No. 47/DSN-MUI/II/2005 on Settlement of Murabahah Receivables for Customers Unable to Pay.
8.9. DSN Fatwa No. 48/DSN-MUI/II/2005 on Rescheduling Murabahah Receivables.
8.10. DSN Fatwa No. 49/DSN-MUI/II/2005 on Conversion of Murabahah Contracts.
8.11. DSN Fatwa No. 77/DSN-MUI/V/2010 on Non-Cash Gold Sales.
8.12. DSN Fatwa No. 92/DSN-MUI/IV/2014 on Financing Supported by Pledge (At-Tamwil Al-Mautsuq Bi Al-Rahn).
9. Accounting System/
Recording
9.1. PSAK No. 102 on Murabahah Accounting.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.3.3. ISTISHNA’ FINANCING
1. Definition Provision of funds or claims that can be equated to it for goods purchase transactions in the form of ordering the manufacture of specific goods with certain criteria and requirements agreed upon between the orderer or buyer and the seller or manufacturer.
2. Contract Istishna’
3. Requirements 3.1. The Bank acts as the fund provider or seller for istishna’ transaction activities with the customer as the buyer.
3.2. The specifications and price of the ordered goods in istishna’ are agreed upon by the customer and the Bank at the beginning of the contract.
3.3. The ordered goods must be known in their general characteristics, including: type, variety, quality, and quantity. The ordered goods must match the characteristics agreed upon between the customer and the Bank. In the event that the ordered goods sent are wrong or defective, the Bank must be responsible for its negligence.
3.4. Payment by the customer to the Bank must not be in the form of debt forgiveness or in the form of providing credit.
3.5. The Bank cannot request additional price if the customer accepts goods of higher quality, unless there is an agreement between both parties.
3.6. The Bank is not required to provide a price discount if the customer accepts goods of lower quality, unless there is an agreement between both parties.
3.7. The financing duration is set based on agreement between the Bank and the customer.
3.8. The Bank conducts analysis of the customer's financing application which includes, among others, personal aspects such as character analysis and/or business aspects including, among others, business capacity analysis
capacity), financial (capital), and/or business prospects (condition).
3.9. The Bank and the customer put their financing agreement into a written agreement or other form that can be equated with it.
3.10. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.11. The Bank has policies and procedures for risk mitigation.
3.12. The Bank has adequate recording and account administration systems.
Characteristics
4.1. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. The Bank can provide financing for working capital, investment, or consumption purposes.
4.3. The object of istishna’ can be property, motor vehicles, or other assets.
4.4. The istishna’ payment mechanism is agreed upon in the contract and can be done by:
a. Advance payment in full or in part after the contract but before the manufacture of the goods. b. Payment upon delivery of goods or during the manufacturing process (payment per term).
c. Payment deferred after delivery of goods.
d. A combination of the above payment methods.
4.5. The recognition of istishna’ income can be done using the percentage of completion method or the completed contract method.
4.6. In the event that all or part of the goods are not available according to the delivery time, quality, or quantity as agreed, the customer has the option to:
a. cancel the contract and request a refund from the Bank; b. wait for the goods to be available; or
c. request the Bank to replace them with other goods of the same or different type as long as the market value is the same as the originally ordered goods.
Purpose/
Benefits a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of margin. b. For Customers Obtaining goods needed according to specific specifications.
Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Mobilization and Disbursement Activities and Islamic Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic General Banks and Islamic Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic General Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. PBI No. 16/16/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Domestic Parties as amended by PBI No. 17/6/PBI/2015 together with its amendments.
7.9. PBI No. 16/17/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Foreign Parties as amended by PBI No. 17/7/PBI/2015 together with its amendments.
7.10. PBI No. 17/10/PBI/2015 on Loan To Value Ratio or Financing to Value Ratio for Property Credit or Financing and Down Payments for Motor Vehicle Credit or Financing and SEBI No. 17/25/DKMP together with its amendments.
7.11. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Financial Services together with its amendments.
7.12. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.13. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
Shariah
Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 06/DSN-MUI/IV/2000 on Istishna’ Sales.
8.2. DSN Fatwa No. 22/DSN-MUI/III/2002 on Parallel Istishna’ Sales.
8.3. DSN Fatwa No. 43/DSN-MUI/VIII/2004 on Compensation (Ta’widh).
Accounting
System/
Recording
9.1. PSAK No. 104 on Istishna’ Accounting.
9.2. Indonesian Shariah Banking Accounting Guidelines (PAPSI).
Applicable To
BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.3.4. SALAM FINANCING
Definition
Provision of funds or claims that can be equated with it for the sale of ordered goods with goods delivery at a later date by the seller and payment by the buyer at the time the contract is agreed upon according to certain conditions.
Salam Contract
Requirements
3.1. The Bank can act as a buyer and/or seller in a salam transaction. In the event the Bank acts as a buyer, the Bank conducts a salam transaction, and in the event the Bank acts as a seller, the Bank will order from another party to provide the ordered goods in a parallel salam.
3.2. The specifications and price of the ordered goods are agreed upon at the beginning of the contract by the customer and the Bank in the first contract or by the Bank and the supplier in the second contract. The price of the ordered goods cannot change during the contract period.
3.3. The ordered goods must be known generally in their characteristics, including: type, variety, quality, and quantity.
3.4. The ordered goods must match the characteristics agreed upon between the customer and the Bank or the Bank and the supplier. In the event that the delivered ordered goods are wrong or defective, the Bank or the supplier must be responsible for their negligence.
3.5. Payment by the customer to the Bank must not be in the form of debt forgiveness or in the form of granting credit.
3.6. Salam income is obtained from the difference between the selling price to the customer and the purchase price from the supplier.
3.7. The Bank conducts an analysis of the customer's financing application which includes among others personal aspects such as character analysis and/or business aspects including among others business capacity analysis (capacity), financial (capital), and/or business prospects (condition).
3.8. The Bank and the customer put their agreement into a written agreement or other form that can be equated with it.
3.9. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.10. The Bank has policies and procedures for risk mitigation.
3.11. The Bank has adequate recording and account administration systems.
Characteristics
4.1. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. In the event the Bank acts as a buyer, the Bank can request guarantees from the supplier to avoid risks that harm the Bank.
4.3. The Bank can impose fines on the supplier.
Purpose/
Benefits a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income. b. For
Customers
Obtaining goods needed according to specific specifications.
Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Mobilization and Disbursement Activities and Islamic Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic General Banks and Islamic Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic General Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. PBI No. 16/16/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Domestic Parties as amended by PBI No. 17/6/PBI/2015 together with its amendments.
7.9. PBI No. 16/17/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Foreign Parties as amended by PBI No. 17/7/PBI/2015 together with its amendments.
7.10. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Financial Services together with its amendments.
7.11. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.12. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
Shariah
Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 05/DSN-MUI/IV/2000 on Salam Sales.
Accounting
System/
Recording
9.1. PSAK No. 106 on Musyarakah Accounting.
9.2. Indonesian Shariah Banking Accounting Guidelines (PAPSI).
Applicable To
BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.4. FINANCING BASED ON BORROWING PRINCIPLES
II.4.1. QARDH FINANCING
Definition
Provision of funds or claims that can be equated with it based on agreement or consensus between the borrower and the lender which obligates the borrower to repay the debt after a certain period.
Qardh Contract
Requirements
3.1. The Bank acts as a fund provider to give qardh loans to customers based on agreement.
3.2. The qardh loan given is a loan that does not require any remuneration.
3.3. The Bank may only charge administrative fees for qardh loans.
3.4. The Bank conducts an analysis of the customer's financing application which includes among others personal aspects such as character analysis and/or financial aspects.
3.5. The Bank and the customer put their agreement into a written agreement or other form that can be equated with it.
3.6. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.7. The Bank has policies and procedures for risk mitigation.
3.8. The Bank has adequate recording and account administration systems.
Characteristics
4.1. The Bank can provide financing in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have obtained approval to conduct business activities in foreign currency).
4.2. The Bank can request guarantees for the provision of qardh.
4.3. The source of qardh loan funds can come from internal or external Bank sources.
4.4. The Bank can charge administrative fees to customers in nominal form and not linked to the amount and duration of the loan.
Purpose/
Benefits a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. As one form of implementing the social function of Islamic banks. b. For Customers Obtaining loans with light and/or gradual installments according to ability.
Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Mobilization and Disbursement Activities and Islamic Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic General Banks and Islamic Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic General Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. PBI No. 16/16/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Domestic Parties as amended by PBI No. 17/6/PBI/2015 together with its amendments.
7.9. PBI No. 16/17/PBI/2014 on Foreign Currency Transactions Against Rupiah Between Banks and Foreign Parties as amended by PBI No. 17/7/PBI/2015 together with its amendments.
7.10. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Financial Services together with its amendments.
7.11. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.12. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
Shariah
Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 19/DSN-MUI/IV/2001 on Al-Qardh.
8.2. DSN Fatwa No. 79/DSN-MUI/IV/2001 on Qardh Using Customer Funds.
Accounting
System/
Recording
Indonesian Shariah Banking Accounting Guidelines (PAPSI).
Applicable To
BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.4.2. QARDH FINANCING WITH GOLD COLLATERAL
Definition
Qardh financing with gold collateral tied with a rahn contract, where the gold collateral is stored and maintained by the Bank for a certain period by paying storage and maintenance fees for the gold as the rahn object.
Contract
2.1. qardh contract, for tying the loan funds provided by the Bank; and
2.2. rahn contract, for tying gold as collateral for the loan funds.
Requirements
3.1. The purpose of use is to finance short-term fund needs or additional short-term working capital for micro and small business customer groups as referred to in laws regulating micro, small, and medium enterprises, and is not intended for investment purposes.
3.2. The purpose of fund usage by customers must be clearly stated on the product application form.
3.3. Fees that can be charged by the Bank to customers include among others administrative fees, insurance fees, and storage and maintenance fees.
3.4. The determination of the amount of storage and maintenance fees for gold collateral is based on the weight of the gold collateral and is not linked to the amount of loan received by the customer.
3.5. Income from the storage and maintenance of gold originating from the Gold Collateral Qardh product, the source of which comes from third-party funds, must be distributed to depositing customers.
3.6. The Bank must have adequate written policies and procedures (Standard Operating Procedure/SOP), including the implementation of risk management related to the Gold Collateral Qardh product.
3.7. Gold to be handed over as collateral for Gold Collateral Qardh must already be owned by the customer at the time the financing application is submitted.
3.8. The Gold Collateral Qardh portfolio amount at the end of each month is at most:
a. for Islamic General Banks (BUS), the smaller amount between 20% (twenty percent) of the total financing given or 150% (one hundred fifty percent) of the Bank's capital as referred to in regulations regarding Minimum Capital Requirements (KPMM). b. for Islamic Business Units (UUS), 20% (twenty percent) of the total financing given.
3.9. Gold Collateral Qardh financing can be given at most Rp250,000,000.00 (two hundred fifty million Rupiah) for each customer, with a financing period of at most 4 (four) months.
3.10. Specifically for Micro and Small Business customers, Gold Collateral Qardh financing can be given at most Rp100,000,000.00 (one hundred million Rupiah), with a financing period of at most 18 (eighteen) months with monthly installments.
3.11. Financing to Value (FTV), which is the ratio between the loan amount received by the customer and the value of the gold collateral pledged by the customer to the Bank, is as follows:
a. for ingot gold (bars), at most 90% (ninety percent) of the average selling price of 100 (one hundred) grams of gold and the buyback price of PT. ANTAM (Persero) Tbk gold. b. for gold jewelry, at most 80% (eighty percent) of the average selling price of 100 (one hundred) grams of gold and the buyback price of PT. ANTAM (Persero) Tbk gold. The Bank can set FTV using other references as long as the resulting FTV value is less than or equal to the set FTV value.
3.12. The Bank must explain orally or in writing (transparently) to customers among others:
a. product characteristics including features, risks, benefits, costs, requirements, and resolution in case of disputes; and b. customer rights and obligations including in the event of gold collateral execution.
Characteristics
The source of financing funds can come from capital portions, retained profits, and/or third-party funds.
Purpose/
Benefits a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Obtaining income in the form of ujrah/fee. b. For Customers Obtaining financing with fast and safe disbursement processes.
Risk
Identification
6.1. The Bank faces potential credit risk caused by customer breach of contract or default.
6.2. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related
Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP together with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Mobilization and Disbursement Activities and Islamic Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS together with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic General Banks and Islamic Business Units together with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No. 15/21/DPNP together with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital together with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic General Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 together with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Financial Products and/or Financial Services together with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information together with its amendments.
Shariah
Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 19/DSN-MUI/IV/2001 on Al-Qardh.
8.2. DSN Fatwa No. 79/DSN-MUI/IV/2001 on Qardh Using Customer Funds.
8.3. DSN Fatwa No. 25/DSN-MUI/III/2002 on Rahn.
8.4. DSN Fatwa No. 26/DSN-MUI/III/2002 on Gold Rahn.
8.5. DSN MUI Fatwa No. 92/DSN-MUI/20014 on Financing accompanied by Rahn.
Accounting
System/
Recording
9.1. PSAK No. 106 on Musyarakah Accounting.
9.2. Indonesian Shariah Banking Accounting Guidelines (PAPSI).
Applicable To
BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.5. SYNDICATION FINANCING
Definition
Joint financing provision among Banks or between Banks and conventional banks to one customer, where the financing amount is too large to be given by one Bank alone. In a syndication financing agreement, the Bank can act among others as arranger, underwriter, agent, or participant.
Contract
2.1. Contract among syndication participants:
Mudharabah, Musyarakah, Wakalah bil Ujrah, and other Shariah contracts that are suitable.
2.2. Contract between the syndication entity and the customer:
Sales contracts, leasing contracts (ijarah), musyarakah, and other Shariah contracts that are suitable.
Requirements
3.1. Provisions related to accounts and contract documents:
a. In the event syndication is conducted among Islamic Banks, then accounts, contract documents, and other supporting documents can be administered/compiled in one document; b. In the event syndication is conducted between Islamic Banks and conventional banks or Other Financial Institutions, then it must:
1) use separate financing accounts; and
2) create a master document (joint agreement) which is then followed by documents specifically for the Islamic Bank separately and for the conventional bank separately.
3.2. The responsibility of syndication participants is not joint and several, where each syndication participant is only responsible
answer for the financing amount that is its commitment.
3.3. Agreements are embodied in a written agreement or other form that can be equated with it.
3.4. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.5. The Bank has policies and procedures for risk mitigation.
3.6. The Bank has adequate recording and account administration systems.
4. Characteristics 4.1. Financing can be conducted in Indonesian Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.2. Financing tenors are generally medium or long-term.
4.3. One participant can be designated as an agent that can function to support syndication financing activities and/or administer syndication financing.
5. Objectives/Benefits
a. For the Bank 5.a.1. As one form of fund disbursement.
5.a.2. As a means of risk sharing.
5.a.3. Increasing the Bank's financing capacity.
5.a.4. Obtaining income. b. For Customers Obtaining financing in large amounts that are difficult to finance by a single Bank alone.
6. Risk Identification
6.1. The Bank faces potential credit risk caused by customer default or breach of contract.
6.2. The Bank faces potential market risk caused by exchange rate fluctuations if syndication financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures,
and/or external events that affect the Bank's operations.
6.4. The Bank faces potential liquidity risk caused by the Bank's inability to meet maturing obligations from cash flow funding sources and/or high-quality liquid assets that can be pledged, due to non-payment of financing by customers, which can lead to potential liquidity issues for the Bank.
7. Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP together with its amendments.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Collection and Disbursement Activities and Bank Shariah Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS together with its amendments.
7.3. PBI No.13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units together with its amendments.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No.15/21/DPNP together with its amendments.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks together with its amendments.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector together with its amendments.
7.7. POJK No.16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No.8/SEOJK.03/2015 together with its amendments.
7.8. PBI No.16/16/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Domestic Parties as amended by PBI No.17/6/PBI/2015 together with its amendments.
7.9. PBI No.16/17/PBI/2014 on Foreign Currency Transactions Against the Rupiah Between Banks and Foreign Parties as amended by PBI No.17/7/PBI/2015 together with its amendments.
7.10. SEOJK No.12/SEOJK.07/2014 on Information Submission in the Context of Marketing Financial Products and/or Services together with its amendments.
7.11. SEOJK No.13/SEOJK.07/2014 on Standard Agreements together with its amendments.
7.12. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information together with its amendments.
8. Shariah Fatwa National Shariah Council Fatwa
8.1 Fatwa DSN No.91/DSN-MUI/IV/2014 on Syndication Financing (Al-Tamwil Al-Mashrifi Al-Mujamma').
8.2 Fatwas related to the contracts used.
9. Accounting System/
Recording
Indonesian Shariah Banking Accounting Guidelines (PAPSI).
10.Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.6. REFINANCING
Bank Syariah as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.3. PBI No. 13/23/PBI/2011 on the Implementation of Risk Management for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on the Submission of Information in the Context of Marketing Products and/or Financial Services along with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on the Confidentiality and Security of Consumer Data and/or Personal Information along with its amendments.
Shariah Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 31/DSN-MUI/VI/2002 on Debt Transfer.
8.2. DSN Fatwa No. 04/DSN-MUI/IV/2000 on Murabahah.
8.3. DSN Fatwa No. 09/DSN-MUI/IV/2000 on Ijarah Financing.
8.4. DSN Fatwa No. 27/DSN-MUI/III/2002 on Al-Ijarah Al-Muntahiyah Bi Al-Tamlik Financing.
8.5. DSN Fatwa No. 90/DSN-MUI/III/2002 on the Transfer of Murabahah Financing between Islamic Financial Institutions.
Accounting/Recording System
Indonesian Shariah Banking Accounting Guidelines (PAPSI).
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.8. SHARIAH DEBT ASSIGNMENT
Definition The transfer of the settlement of short-term receivables or claims from a customer who has receivables or claims to a Bank, which then collects the receivables from the debtor or a party designated by the debtor in accordance with Shariah Principles.
Contract Wakalah bil Ujrah
Requirements
3.1. The customer delegates the Bank to handle the sales documents and then collect the receivables from the debtor or another party designated by the debtor.
3.2. The Bank becomes the agent of the customer to perform collection from the debtor or another party designated by the debtor to make payment.
3.3. The Bank and the customer formalize their agreement in a written agreement or other form that can be equated with it.
3.4. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.5. The Bank has policies and procedures for risk mitigation.
3.6. The Bank has adequate recording and account administration systems.
Characteristics
4.1. The Bank may charge administrative fees in accordance with the agreement.
4.2. The Bank may provide advance funds (qardh) to the creditor in an amount equal to the value of the receivable. In the event the Bank provides advance funds (qardh), there must be no linkage between the wakalah bil ujrah contract and the qardh contract.
4.3. The Bank may obtain ujrah/fee for its services in collecting receivables. In the event the Bank obtains ujrah/fee:
a. The amount of ujrah/fee must be agreed upon at the time of the contract and stated in nominal form, not in the form of a percentage calculated from the principal receivable; b. Payment of ujrah/fee can be taken from the advance funds or in accordance with the agreement in the contract.
Purpose/Benefits
a. For the Bank
5.a.1. As one form of fund disbursement.
5.a.2. Expanding the diversity of Bank products and activities.
5.a.3. Obtaining income in the form of ujrah/fee. b. For Customers Receiving banking services based on Shariah Principles.
Risk Identification
6.1. The Bank faces potential credit risk caused by customer default or breach of contract.
6.2. The Bank faces potential market risk caused by exchange rate movements if the financing is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human error, system failures, and/or external events affecting the Bank's operations.
Related Regulations
Related regulations include:
7.1. PBI No. 7/6/PBI/2005 on Product Information Transparency and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Collection and Disbursement Activities and Bank Shariah Services as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.3. PBI No. 13/23/PBI/2011 on the Implementation of Risk Management for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on the Submission of Information in the Context of Marketing Products and/or Financial Services along with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on the Confidentiality and Security of Consumer Data and/or Personal Information along with its amendments.
Shariah Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 67/DSN-MUI/III/2008 on Shariah Debt Assignment.
Accounting/Recording System
9.1. PSAK No. 107 on Ijarah Accounting.
9.2. Indonesian Shariah Banking Accounting Guidelines (PAPSI)
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.9. PURCHASE OF SHARIAH SECURITIES
Definition Purchase of Shariah securities issued by the government, Bank Indonesia, or corporations.
Contract Appropriate Shariah contracts
Requirements
3.1. Securities based on Shariah Principles (not securities that are debt-based with interest).
3.2. For Shariah securities issued by the government, they must meet Shariah Principles and applicable regulations regarding the procedures for transactions of government Shariah securities and the management of government Shariah securities.
3.3. For the purchase of corporate Shariah securities, the business activities conducted by the issuer of the Shariah securities must not conflict with Shariah Principles.
3.4. The underlying asset of the Shariah securities must not conflict with Shariah Principles.
3.5. The Bank has policies and procedures for risk mitigation.
3.6. The Bank has adequate recording and account administration systems.
Characteristics -
Purpose/Benefits
For the Bank
5.1. To become one of the instruments in banking liquidity management.
5.2. To become one of the income sources.
Risk Identification
6.1. The Bank faces potential credit risk caused by the failure of other parties (counterparty) as the issuer of Shariah securities to fulfill the obligation to pay returns and principal to the Bank in accordance with the agreed agreement.
6.2. The Bank faces potential market risk caused by changes in market prices of sukuk/securities exchange rates if the Shariah securities are in foreign currency.
6.3. The Bank faces potential liquidity risk caused by the non-payment of Shariah securities by the issuer, resulting in potential liquidity difficulties for the Bank and affecting the Bank's short-term obligations.
6.4. The Bank faces potential investment risk caused by the decline in performance and/or losses in business activities financed by the issuance of Shariah securities based on profit and loss sharing.
Related Regulations
Related regulations include:
7.1. PBI No. 7/6/PBI/2005 on Product Information Transparency and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Collection and Disbursement Activities and Bank Shariah Services as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.3. PBI No. 13/23/PBI/2011 on the Implementation of Risk Management for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.4. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.5. PBI No. 16/12/PBI/2014 on Shariah Monetary Operations along with its amendments.
7.6. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
Shariah Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 32/DSN-MUI/IX/2002 on Shariah Bonds.
8.2. DSN Fatwa No. 33/DSN-MUI/IX/2002 on Mudharabah Shariah Bonds.
8.3. DSN Fatwa No. 37/DSN-MUI/X/2002 on Interbank Money Market Based on Shariah Principles.
8.4. DSN Fatwa No. 40/DSN-MUI/X/2003 on Capital Markets and General Guidelines for the Implementation of Shariah Principles in the Capital Market Sector.
8.5. DSN Fatwa No. 41/DSN-MUI/III/2004 on Ijarah Shariah Bonds.
8.6. DSN Fatwa No. 59/DSN-MUI/V/2007 on Convertible Mudharabah Shariah Bonds.
8.7. DSN Fatwa No. 69/DSN-MUI/VI/2008 on State Shariah Securities.
8.8. DSN Fatwa No. 70/DSN-MUI/VI/2008 on Methods of Issuance of State Shariah Securities.
8.9. DSN Fatwa No. 72/DSN-MUI/VI/2008 on State Shariah Securities Ijarah Sale And Lease Back.
Accounting/Recording System
Indonesian Shariah Banking Accounting Guidelines (PAPSI)
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
II.10. PLACEMENT AT BANK INDONESIA
II.11. PLACEMENT AT OTHER BANKS
III. TRADE FINANCE
III.1. FINANCING WITH DOMESTIC DOCUMENTARY LETTER OF CREDIT (SKBDN) III.1.1. ISSUANCE AND FINANCING WITH SKBDN
Definition A written commitment based on the written request of the applicant (applicant) binding the issuing bank to:
a. make payment to the beneficiary or their order, or accept and pay bills of exchange drawn by the beneficiary; b. authorize another bank to make payment to the beneficiary, accept and pay bills of exchange drawn by the beneficiary; or
c. authorize another bank to negotiate bills of exchange drawn by the beneficiary, upon presentation of documents as long as the terms and conditions of the SKBDN are met.
Contracts
2.1. Wakalah bil Ujrah
2.2. Wakalah bil Ujrah and Qardh
2.3. Kafalah bil Ujrah, Murabahah
2.4. Salam/Istishna’ and Murabahah
2.5. Wakalah bil Ujrah and Mudharabah,
2.6. Musyarakah
2.7. Wakalah bil Ujrah and Hawalah.
Requirements
3.1. The Bank meets regulations governing SKBDN.
3.2. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.3. The Bank and the customer formalize the agreement to issue the SKBDN in the form of a written agreement or using a form or other form that can be equated with it.
3.4. The Bank has policies and procedures for risk mitigation.
3.5. The Bank has adequate recording and administration systems.
Characteristics
4.1. The Bank may obtain remuneration/fee/ujrah/margin/profit share agreed upon in advance.
4.2. The Bank may request collateral in the form of cash collateral or other guarantees with a certain percentage.
4.3. If the customer does not have sufficient funds to pay for the ordered goods, then:
a. The Bank may provide advance funds (qardh) to the customer for the settlement of payment for ordered goods based on the principles of wakalah and qardh; b. The Bank may act as the seller who sells the ordered goods to the customer with an agreed profit based on the principle of murabahah/salam/istishna’ financing;
c. The Bank may act as the owner of funds who hands over capital to the customer equal to the price of the ordered goods, based on the principle of mudharabah/musyarakah financing.
d. The Bank may act as the owner of funds who makes payment to the beneficiary, so that the payment shifts from the customer to the Bank based on the principle of hawalah.
Purpose/Benefits
Remuneration/fee/ujrah/margin/profit share. b. For Customers 5.b.1. Receive ordered goods accompanied by supporting documents as required.
5.b.2. Obtain payment settlement and/or guarantee services.
5.b.3. Facilitate domestic trade transactions.
5.b.4. Obtain advance funds or financing in the event the customer does not have sufficient funds to purchase ordered goods.
Risk Identification
6.1. The Bank faces potential credit risk caused by the failure of the customer or other parties to fulfill obligations to the bank in accordance with the agreed agreement in the event of the customer's inability to pay the SKBDN settlement charges.
6.2. The Bank faces potential reputational risk caused by a decline in stakeholder trust stemming from negative perceptions of the Bank regarding its inability to fulfill promised commitments.
6.3. The Bank faces potential operational risk arising from, among others, errors and fraud within the bank, transaction process errors, and failures of the information technology systems used at the Bank, or errors in document examination.
Related Regulations
Related regulations include:
7.1. PBI No. 5/6/PBI/2003 on Domestic Documentary Letters of Credit along with its amendments.
7.2. PBI No. 7/6/PBI/2005 on Product Information Transparency and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.3. PBI No. 9/19/PBI/2007 on the Implementation of Shariah Principles in Fund Collection and Disbursement Activities and Bank Shariah Services as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.4. PBI No. 13/23/PBI/2011 on the Implementation of Risk Management for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.5. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.6. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.7. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.8. POJK No. 16/POJK.03/2014 on the Assessment of Asset Quality of Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
7.9. SEOJK No. 12/SEOJK.07/2014 on the Submission of Information in the Context of Marketing Products and/or Financial Services along with its amendments.
7.10. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.11. SEOJK No. 14/SEOJK.07/2014 on the Confidentiality and Security of Consumer Data and/or Personal Information along with its amendments.
Shariah Fatwa National Shariah Council Fatwa
8.1. DSN Fatwa No. 27/DSN-MUI/IX/2002 on Al Ijarah Al-Muntahiyah Bi Al-Tamlik.
8.2. DSN Fatwa No. 34/DSN-MUI/IX/2002 on Shariah Import LC.
8.3. DSN Fatwa No. 57/DSN-MUI/IV/2007 on Letter of Credit (L/C) with Kafalah bil Ujrah contract.
Accounting/Recording System
9.1. PSAK related to the contract used.
9.2. Indonesian Shariah Banking Accounting Guidelines (PAPSI).
Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
III.1.2. RECEIPT AND FINANCING OF SKBDN
Definition A statement of intent to pay to the beneficiary of the SKBDN issued by the issuing bank to facilitate trade with the fulfillment of certain requirements in accordance with Shariah Principles.
Contracts
2.1. Wakalah bil Ujrah
2.2. Wakalah bil Ujrah and Qardh
2.3. Wakalah bil Ujrah and Mudharabah
2.4. Musyarakah
2.5. Al Bai’ and Wakalah.
Requirements
3.1. Meet regulations governing SKBDN (Domestic Documentary Credit).
3.2. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.3. The Bank has policies and procedures for risk mitigation.
3.4. The Bank has adequate recording and administration systems.
Characteristics
4.1. The Bank may obtain agreed-upon remuneration/fee/ujrah/margin/profit-sharing.
4.2. The Bank may request collateral in the form of cash collateral or other guarantees with a specific percentage.
4.3. In the event that the customer does not have sufficient funds to produce ordered goods or to receive early payment, the Bank may provide financing in the form of mudharabah and musyarakah.
4.4. In the event that the customer does not have sufficient funds to produce goods for export, then:
a. The Bank may provide bridging funds (qardh) to the customer for the production process of goods ordered by the importer; b. The Bank may act as the owner of funds (shahibul mal) who provides capital to the customer equivalent to the value of the exported goods, based on the principles of mudharabah or musyarakah financing.
Objectives/Benefits
5.a. For the Bank: Obtaining remuneration/fee/ujrah/margin/profit-sharing.
5.b. For Customers:
5.b.1. Sending/selling goods with nationally recognized document protection.
5.b.2. Obtaining payment settlement services and/or guarantees.
5.b.3. Acceptance supporting their activities in domestic trade.
5.b.4. Obtaining financing in the event that the customer does not have sufficient funds to produce ordered goods.
5.b.5. Obtaining bridging funds in the event that the customer wishes to receive early payment.
Risk Identification
6.1. The Bank faces potential credit risk caused by the failure of the purchasing customer or other parties to fulfill obligations to the Bank in accordance with the agreed agreement in the event of the customer's inability to pay the SKBDN settlement invoice.
6.2. The Bank faces potential reputational risk caused by a decrease in stakeholder trust stemming from negative perceptions of the Bank regarding its inability to fulfill promised commitments.
6.3. The Bank faces potential operational risk arising, among others, from errors and fraud within the Bank, transaction process errors, failures of the information technology systems used in the Bank, or errors in document examination.
Related Regulations
Related regulations include:
7.1. PBI No. 5/6/PBI/2003 concerning Domestic Documentary Credit along with its amendments.
7.2. PBI No.7/6/PBI/2005 concerning Bank Product Information Transparency and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.3. PBI No.9/19/PBI/2007 concerning the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Sharia Bank Service Services, as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with their amendments.
7.4. PBI No.14/27/PBI/2012 concerning the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No.13/23/PBI/2011 concerning Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with their amendments.
7.6. PBI No.14/26/PBI/2012 concerning Business Activities and Office Networks Based on Core Capital of Banks along with their amendments.
7.7. POJK No.1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector along with its amendments.
7.8. POJK No.16/POJK.03/2014 concerning Asset Quality Assessment for Sharia Commercial Banks and Sharia Business Units and SEOJK No.8/SEOJK.03/2015 along with their amendments.
7.9. SEOJK No.12/SEOJK.07/2014 concerning Information Disclosure in the Context of Marketing Products and/or Financial Service Offerings along with their amendments.
7.10. SEOJK No.13/SEOJK.07/2014 concerning Standard Agreements along with their amendments.
7.11. SEOJK No.14/SEOJK.07/2014 concerning Confidentiality and Security of Consumer Data and/or Personal Information along with their amendments.
Sharia Fatwa
Fatwa of the National Sharia Council (DSN)
8.1. DSN Fatwa No. 35/DSN-MUI/IX/2002 concerning Sharia Export Letter of Credit (L/C).
8.2. DSN Fatwa No.60/DSN-MUI/V/2007 concerning Receivables Settlement in Export.
Accounting System/Recording
9.1. PSAK (Indonesian Financial Accounting Standards) related to the contracts used.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To: BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
III.2. IMPORT FINANCING WITH LETTER OF CREDIT (L/C)
Definition
A statement of payment to the exporter (beneficiary) issued by the Bank (issuing Bank) at the request of the importer with the fulfillment of certain requirements.
Contracts
2.1. Wakalah bil Ujrah
2.2. Wakalah bil Ujrah and Qardh
2.3. Murabahah
2.4. Salam/Istishna’ and Murabahah
2.5. Wakalah bil Ujrah and Mudharabah
2.6. Musyarakah
2.7. Wakalah bil Ujrah and Hawalah
2.8. Kafalah bil Ujrah
Requirements
3.1. Meet regulations governing import transaction financing.
3.2. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.3. Agreement on the issuance of L/C and/or financing is put into written form or using forms or other forms that can be equated with it.
3.4. The Bank has policies and procedures for risk mitigation.
3.5. The Bank has adequate recording and administration systems.
3.6. The importing customer has an Importer Identification Number (API).
3.7. The importing customer meets the regulations of relevant authorities applicable in the field of import.
Characteristics
4.1. The Bank may obtain agreed-upon remuneration/fee/ujrah/margin/profit-sharing.
4.2. The Bank may request collateral in the form of cash collateral or other guarantees with a specific percentage.
4.3. The Bank may use alternative contracts as follows:
a. Wakalah bil ujrah contract, with the following provisions:
1) The importing customer has funds in the Bank equivalent to the payment value of the imported goods.
2) The importing customer and the Bank enter into a wakalah bil ujrah contract for the processing of import transaction documents.
3) The amount of ujrah must be agreed upon in advance and stated in nominal form, not in percentage form.
b. Wakalah bil ujrah and qardh contract, with the following provisions:
1) The importing customer does not have sufficient funds in the Bank for the payment of the price of imported goods.
2) The importing customer and the Bank enter into a wakalah bil ujrah contract for the processing of import transaction documents.
3) The amount of ujrah must be agreed upon in advance and stated in nominal form, not in percentage form.
4) The Bank provides bridging funds (qardh) to the importer for the settlement of payment for imported goods.
c. Murabahah contract, with the following provisions:
1) The Bank acts as the buyer who delegates to the importing customer to conduct transactions with the exporter.
2) Document processing and payment are carried out by the Bank when documents are received (at sight) and/or deferred until maturity (usance).
3) The Bank sells goods to the importing customer on a murabahah basis, either with cash payment or installments.
4) Costs incurred by the Bank will be calculated as the acquisition cost of the goods.
d. Salam/istishna’ and murabahah contract, with the following provisions:
1) The Bank enters into a salam or istishna’ contract by delegating to the importing customer to conduct the transaction.
2) Document processing and payment are carried out by the Bank.
3) The Bank sells goods to the importing customer on a murabahah basis, either with cash payment or installments.
4) Costs incurred by the Bank will be calculated as the acquisition cost of the goods.
e. Wakalah bil ujrah and mudharabah contract, with the following provisions:
1) The customer enters into a wakalah bil ujrah contract with the Bank to process documents and payments.
2) The Bank and the importing customer enter into a mudharabah contract, where the Bank acts as the owner of funds providing capital to the importing customer equivalent to the price of the imported goods.
f. Musyarakah contract
The Bank and the importing customer enter into a musyarakah contract, where both parties contribute capital to conduct import activities. g. Kafalah bil ujrah contract, with the following provisions:
1) Fee (ujrah) for the kafalah transaction must be agreed upon and stated in the contract;
2) Settlement of payment for goods purchased based on the L/C can be done with:
a) Customer funds; or b) In the event that the customer does not have funds, payment uses financing from the Bank using appropriate Sharia contracts based on DSN-MUI fatwa. h. In the event that goods have been shipped, but payment has not been made, the alternative contracts used are:
1) Alternative 1 uses wakalah bil ujrah and qardh, with the following provisions:
(a) The importing customer does not have sufficient funds in the Bank for the payment of the price of imported goods.
(b) The importing customer and the Bank enter into a wakalah bil ujrah contract for the processing of import transaction documents.
(c) The amount of ujrah must be agreed upon in advance and stated in nominal form, not in percentage form.
(d) The Bank provides bridging funds (qardh) to the importing customer for the settlement of payment for imported goods.
2) Alternative 2 uses wakalah bil ujrah and hawalah, with the following provisions:
(a) The importing customer does not have sufficient funds in the Bank for the payment of the price of imported goods.
(b) The importing customer and the Bank enter into a wakalah contract for the processing of import transaction documents.
(c) The amount of ujrah must be agreed upon in advance and stated in nominal form, not in percentage form.
(d) The debt to the exporter is transferred by the importing customer to become a debt to the Bank by requesting the Bank to pay the exporter the value of the imported goods.
Objectives/Benefits
5.a. For the Bank: Obtaining remuneration/fee/ujrah/margin/profit-sharing.
5.b. For Customers:
5.b.1. Receiving imported goods accompanied by supporting documents as appropriate.
5.b.2. Obtaining payment settlement services and/or guarantees.
5.b.3. Facilitating international trade transactions.
5.b.4. Obtaining bridging funds or financing in the event that the customer does not have sufficient funds to produce ordered goods.
Risk Identification
6.1. The Bank faces potential credit risk caused by the failure of the customer or other parties to fulfill obligations to the Bank in accordance with the agreed agreement in the event of the importing customer's inability to pay the L/C settlement invoice.
6.2. The Bank faces potential market risk caused by changes in market prices, including risks such as changes in the value of tradable or leasable assets, or because the Bank has difficulty obtaining the foreign currency needed at the time of payment.
6.3. The Bank faces potential reputational risk caused by a decrease in stakeholder trust stemming from negative perceptions of the Bank regarding its inability to fulfill promised commitments.
6.4. The Bank faces potential operational risk arising from errors and fraud within the Bank, transaction process errors, failures of the information technology systems used in the Bank, and errors in document examination.
Related Regulations
Related regulations include:
7.1. PBI No.7/6/PBI/2005 concerning Bank Product Information Transparency and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No.9/19/PBI/2007 concerning the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Sharia Bank Service Services, as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with their amendments.
7.3. PBI No.13/23/PBI/2011 concerning Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with their amendments.
7.4. PBI No.14/27/PBI/2012 concerning the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No.14/26/PBI/2012 concerning Business Activities and Office Networks Based on Core Capital of Banks along with their amendments.
7.6. POJK No.1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No.16/POJK.03/2014 concerning Asset Quality Assessment for Sharia Commercial Banks and Sharia Business Units and SEOJK No.8/SEOJK.03/2015 along with their amendments.
7.8. SEOJK No.12/SEOJK.07/2014 concerning Information Disclosure in the Context of Marketing Products and/or Financial Service Offerings along with their amendments.
7.9. SEOJK No.13/SEOJK.07/2014 concerning Standard Agreements along with their amendments.
7.10. SEOJK No.14/SEOJK.07/2014 concerning Confidentiality and Security of Consumer Data and/or Personal Information along with their amendments.
7.11. Uniform Customs and Practice for Documentary Credits.
7.12. International Standards Banking Practice.
Sharia Fatwa
Fatwa of the National Sharia Council (DSN)
8.1. DSN Fatwa No.34/DSN-MUI/IX/2002 Letter of Credit (L/C) Import Sharia.
8.2. DSN Fatwa No.57/DSN-MUI/V/2007 concerning Letter of Credit (L/C) with Kafalah bil Ujrah Contract.
Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI)
Applicable To: BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
III.3. EXPORT FINANCING WITH LETTER OF CREDIT (L/C)
Definition
A statement of payment to the exporter issued by the issuing bank to facilitate export trade with the fulfillment of certain requirements in accordance with Sharia Principles.
Contracts
2.1. Wakalah bil Ujrah
2.2. Wakalah bil Ujrah and Qardh
2.3. Wakalah bil Ujrah and Mudharabah
2.4. Musyarakah
2.5. Al Bai' and Wakalah
Requirements
3.1. The Bank meets regulations governing export transaction financing.
3.2. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.3. Agreement on the issuance of L/C is put into written form or using forms or other forms that can be equated with it.
3.4. The Bank has policies and procedures for risk mitigation.
3.5. The Bank has adequate recording and administration systems.
3.6. The customer meets the regulations of relevant authorities applicable in the field of export.
Characteristics
4.1. The Bank may obtain agreed-upon remuneration/fee/ujrah/margin/profit-sharing.
4.2. The Bank may request collateral in the form of cash collateral or other guarantees with a specific percentage.
4.3. The Bank may use alternative contracts as follows:
a. Wakalah bil ujrah contract, with the following provisions:
1) The Bank processes export documents.
2) The Bank performs collection from the issuing bank of the L/C and subsequently pays the exporter after deducting ujrah.
3) The amount of ujrah is agreed upon in advance and stated in nominal form, not in percentage form.
b. Wakalah bil ujrah and qardh contract, with the following provisions:
1) The Bank processes export documents.
2) The Bank performs collection from the issuing bank of the L/C.
3) The Bank provides bridging funds (qardh) to the exporting customer equivalent to the value of the exported goods.
4) The amount of ujrah is agreed upon in advance and stated in nominal form, not in percentage form.
5) Payment of ujrah can be taken from the bridging funds in accordance with the agreement in the contract.
6) Between the wakalah bil ujrah contract and the qardh contract, there must be no linkage (ta’alluq).
c. Wakalah bil ujrah and mudharabah contract, with the following provisions:
1) The Bank provides the exporting customer with all funds needed in the production process of export goods ordered by the importer.
2) The Bank processes export documents.
3) The Bank performs collection from the issuing bank of the L/C.
4) Payment by the issuing bank of the L/C can be made when documents are received (at sight) or at maturity (usance).
5) Payment from the issuing bank of the L/C can be used for ujrah payment, return of mudharabah funds, and profit-sharing payment.
6) The amount of ujrah is agreed upon in advance and stated in nominal form, not in percentage form.
d. Musyarakah contract, with the following provisions:
1) The Bank provides the exporting customer with part of the funds needed in the production process of export goods ordered by the importer.
2) The Bank processes export documents.
3) The Bank performs collection from the issuing bank of the L/C.
4) Payment by the issuing bank of the L/C can be made when documents are received (at sight) or at maturity (usance).
5) Payment from the issuing bank of the L/C can be used for the return of musyarakah funds and/or profit-sharing payment.
e. Al-bai’ and wakalah contract, with the following provisions:
1) The Bank buys goods from the exporter.
2) The Bank sells goods to the importer represented by the exporter.
3) The Bank pays the exporter after the goods are shipped to the importer.
4) Payment by the issuing bank of the L/C can be made when documents are received (at sight) or at maturity (usance).
Objectives/Benefits
5.a. For the Bank: Obtaining remuneration/fee/ujrah/margin/profit-sharing.
5.b. For Customers:
5.b.1. Sending/selling exported goods with internationally recognized document protection.
5.b.2. Obtaining payment settlement services and/or guarantees.
5.b.3. Acceptance supporting their activities in international trade.
5.b.4. Obtaining bridging funds or financing in the event that the customer does not have sufficient funds to produce ordered goods.
Risk Identification
6.1. The Bank faces potential credit risk caused by the failure of the customer or other parties to fulfill obligations to the Bank in accordance with the agreed agreement in the event of the exporter's inability to pay the L/C settlement invoice.
6.2. The Bank faces potential market risk caused by changes in market prices, including risks such as changes in the value of tradable or leasable assets, or because the Bank has difficulty obtaining the foreign currency needed at the time of payment.
6.3. The Bank faces potential reputational risk caused by a decrease in stakeholder trust stemming from negative perceptions of the Bank regarding its inability to fulfill promised commitments.
6.4. The Bank faces potential operational risk arising, among others, from errors and fraud within the Bank, transaction process errors, failures of the information technology systems used in the Bank, or errors in document examination.
Related Regulations
Related regulations include:
7.1. PBI No.7/6/PBI/2005 concerning Bank Product Information Transparency and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No.9/19/PBI/2007 concerning the Implementation of Sharia Principles in Fund Gathering and Disbursement Activities and Sharia Bank Service Services, as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS along with their amendments.
7.3. PBI No.14/27/PBI/2012 concerning the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.4. PBI No.13/23/PBI/2011 concerning Risk Management Implementation for Sharia Commercial Banks and Sharia Business Units along with their amendments.
7.5. PBI No.14/26/PBI/2012 concerning Business Activities and Office Networks Based on Core Capital of Banks along with their amendments.
7.6. POJK No.1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No.16/POJK.03/2014 concerning Asset Quality Assessment for Sharia Commercial Banks and Sharia Business Units and SEOJK No.8/SEOJK.03/2015 along with their amendments.
7.8. SEOJK No.12/SEOJK.07/2014 concerning Information Disclosure in the Context of Marketing Products and/or Financial Service Offerings along with their amendments.
7.9. SEOJK No.13/SEOJK.07/2014 concerning Standard Agreements along with their amendments.
7.10. SEOJK No.14/SEOJK.07/2014 concerning Confidentiality and Security of Consumer Data and/or Personal Information along with their amendments.
7.11. Uniform Customs and Practice for Documentary Credits.
7.12. International Standards Banking Practice.
Sharia Fatwa
Fatwa of the National Sharia Council (DSN)
8.1. DSN Fatwa No.35/DSN-MUI/IX/2002 concerning Sharia Export L/C.
8.2. DSN Fatwa No.60/DSN-MUI/V/2007 concerning Receivables Settlement in Export.
Accounting System/Recording
9.1. PSAK (Indonesian Financial Accounting Standards) related in accordance with the contracts used.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI)
Applicable To: BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
III.4. EXPORT-IMPORT FINANCING WITHOUT LETTER OF CREDIT (L/C)
Definition
Provision of financing facilities by the Bank to customers for export-import without L/C.
Contracts
Appropriate Sharia contracts.
Requirements
3.1. The Bank meets regulations governing export-import transaction financing.
3.2. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.3. The Bank and customer put the agreement on financing facilities into written form.
3.4. The Bank has policies and procedures for risk mitigation.
3.5. The Bank has adequate recording and administration systems.
3.6. The customer meets the regulations of relevant authorities applicable in the field of export-import.
Characteristics
4.1. The Bank can use 3 (three) types of financing schemes:
a. Advance payment; b. Open account payment, for example, invoice financing, account receivables/account payable financing;
c. Collection basis, for example, document against acceptance/document against payment financing.
In the event of using the collection basis scheme, the Bank must also refer to international and government regulations.
4.2. The Bank may request collateral in the form of cash collateral or other guarantees with a specific percentage.
Objectives/Benefits
compensation/fee/ujrah/margin/profit share b. For Customers 5.b.1. Assisting customer cash flow in foreign transactions.
5.b.2. Acceptance supporting activities in international trade.
6. Risk Identification 6.1. The Bank faces potential credit risk caused by the failure of customers or other parties to fulfill obligations to the Bank according to the agreed contract in the event of the customer's inability to pay export/import financing obligations.
6.2. The Bank faces potential market risk caused by changes in market prices, including changes in the value of tradable or leasable assets, because the Bank has difficulty obtaining the required foreign currency at the time of payment.
6.3. The Bank faces potential reputational risk caused by a decrease in stakeholder confidence stemming from negative perceptions of the Bank due to the Bank's inability to fulfill promised commitments.
6.4. The Bank faces potential operational risk caused by errors and fraud within the Bank, transaction process errors, and failures of the information technology systems used in the Bank, and errors in document examination.
7. Related Regulations Related regulations include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.3. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.4. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on Information Submission in the Context of Marketing Products and/or Financial Services along with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa relevant to the contract used.
9. Accounting System/
Recording
9.1. PSAK relevant to the contract used.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 2, BOOK 3, and BOOK 4.
IV. TREASURY
IV.1. SALE AND PURCHASE OF FOREIGN PAPER MONEY (BANKNOTES)
1. Definition Bank sale or purchase of banknotes or Foreign Paper Money (UKA).
2. Sharf Contract
3. Requirements 3.1. Not conducted for speculative purposes.
3.2. There is a transaction need or for precaution (savings).
3.3. The applicable exchange rate (kurs) is the rate at the time the transaction is conducted.
3.4. Money exchange transactions for different types of currencies (foreign currency) can only be conducted in the form of spot transactions.
3.5. In the event that money exchange transactions are conducted against different types of currencies in money changer activities, the transaction must be conducted in cash with the applicable exchange rate (kurs) at the time the transaction is conducted.
3.6. The Bank has policies and procedures for risk mitigation.
3.7. The Bank has adequate recording and account administration systems.
4. Characteristics 4.1. The Bank can act as either the party receiving the exchange or the party exchanging money to/from customers.
4.2. Banknote sales and purchases can be conducted in cash or through account debiting.
5. Purpose/
Benefits a. For the Bank 5.a.1. Providing foreign currency (valuta asing) needed by customers.
5.a.2. Obtaining profit from the exchange rate difference in the case of exchanging different currencies. b. For Customers Obtaining the foreign currency (valuta asing) needed.
6. Risk Identification
6.1. The Bank faces potential operational risk, i.e., risk arising from errors and fraud within the Bank, transaction process errors, and failures of the information technology systems used in the Bank, errors in determining the exchange rate.
6.2. The Bank faces potential legal risk caused by legal demands and/or weaknesses in the legal aspects related to money laundering criminal acts using foreign currency exchange facilities.
6.3. The Bank faces potential market risk caused by changes in market prices, including risk in the form of changes in the value of tradable or leasable assets, due to fluctuations in the value of foreign currencies being traded.
7. Related Regulations Related regulations include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on Information Submission in the Context of Marketing Products and/or Financial Services along with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 28/DSN-MUI/III/2002 on Sale and Purchase of Currency (Al-Sharf).
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI)
10. Applicable to BOOK 2, BOOK 3, and BOOK 4.
IV.2. FOREIGN CURRENCY TRANSACTIONS - SPOT
1. Definition Agreement to sell/buy foreign currency in cash with delivery or settlement of the transaction not exceeding 2 (two) working days.
2. Sharf Contract
3. Requirements 3.1. Foreign currency – spot transactions are not conducted for speculative purposes.
3.2. Foreign currency – spot transactions due to transaction needs or for precaution (savings).
3.3. The applicable exchange rate (kurs) is the rate at the time the transaction is conducted.
3.4. Money exchange transactions for different types of currencies (foreign currency) can only be conducted in the form of spot transactions.
3.5. In the event that money exchange transactions are conducted against different types of currencies in money changer activities, the transaction must be conducted in cash with the applicable exchange rate (kurs) at the time the transaction is conducted.
3.6. The Bank has policies and procedures for risk mitigation.
3.7. The Bank has adequate recording and account administration systems.
4. Characteristics 4.1. The Bank can act as either the party receiving the exchange or the party exchanging money to/from customers.
4.2. Banknote sales and purchases can be conducted in cash or through account debiting.
5. Purpose/ Benefits
a. For the Bank Obtaining profit from the exchange rate difference in the case of exchanging different currencies. b. For Customers Obtaining the currency needed for transactions.
6. Risk Identification
6.1. The Bank faces potential operational risk, i.e., risk arising from errors and fraud within the Bank, transaction process errors, and failures of the information technology systems used in the Bank, in this case, if there are errors in determining the exchange rate.
6.2. The Bank faces potential legal risk caused by legal demands and/or weaknesses in the legal aspects related to money laundering criminal acts using foreign currency exchange facilities.
6.3. The Bank faces potential market risk caused by changes in market prices, including changes in the value of tradable or leasable assets, due to fluctuations in the value of foreign currencies being traded.
7. Related Regulations Related regulations include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with its amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with its amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with its amendments.
7.7. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on Information Submission in the Context of Marketing Products and/or Financial Services along with its amendments.
7.9. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with its amendments.
7.10. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. National Sharia Council Fatwa No. 28/DSN-MUI/III/2002 on Sale and Purchase of Currency (Al-Sharf).
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI)
10. Applicable to BOOK 2, BOOK 3, and BOOK 4.
IV.3. SIMPLE SHARIA HEDGING TRANSACTIONS ON EXCHANGE RATES
V. TEMPORARY CAPITAL PARTICIPATION
1. Definition Capital participation by the Bank in the form of shares in customer companies to overcome financing failures.
2. Musyarakah Contract
3. Requirements 3.1. Meeting regulations regarding Bank asset quality assessment and regulations regarding prudential principles in capital participation activities.
3.2. The Bank applies prudential principles and Sharia Principles in conducting temporary capital participation.
3.3. Temporary capital participation can only be conducted on customers that are legal entities in the form of Limited Liability Companies (Perseroan Terbatas).
3.4. Divestment of temporary capital participation is conducted if the temporary capital participation has exceeded a maximum period of 5 (five) years or the customer company where the temporary capital participation was made has obtained cumulative profits.
3.5. The Bank stops the financing contract to be restructured by considering the fair value of the financed object, then the Bank creates a musyarakah contract with the customer for temporary capital participation in accordance with agreements with the customer regarding the business conducted.
3.6. Temporary capital participation is at most equal to the remaining customer obligations.
3.7. The Bank has policies and procedures for risk mitigation.
3.8. The Bank has adequate recording and account administration systems.
4. Characteristics Financing converted into temporary capital participation can be in Rupiah or foreign currency (specifically for financing in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
5. Purpose/ Benefits
a. For the Bank As one of the alternative solutions for problematic financing. b. For Customers To overcome difficulties in fulfilling obligations arising from problematic financing.
6. Risk Identification
6.1. The Bank faces potential credit risk (credit risk) caused by customer breach of contract or default.
6.2. The Bank faces potential market risk caused by exchange rate movements if temporary capital participation is provided in foreign currency.
6.3. The Bank faces potential operational risk caused by inadequate internal processes, internal process failures, human errors, system failures, and/or external events affecting Bank operations.
6.4. The Bank faces potential liquidity risk caused by the Bank's inability to fulfill maturing obligations from cash flow funding sources and/or high-quality liquid assets that can be pledged, because financing is not paid by customers, which can result in potential liquidation for the Bank.
6.5. The Bank faces potential investment risk caused by the Bank sharing in the business losses of customers financed in profit and loss sharing-based financing.
6.6. The Bank faces potential return risk caused by changes in the return rates paid by the Bank to customers, due to changes in the return rates received by the Bank from financing.
7. Related Regulations Related regulations include:
7.1. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Sharia Bank Service Provision as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with its amendments.
7.2. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with its amendments.
7.3. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital of Banks along with its amendments.
7.4. PBI No. 15/11/PBI/2013 on Prudential Principles in Capital Participation Activities along with its amendments.
7.5. POJK No. 16/POJK.03/2014 on Asset Quality Assessment for Islamic Commercial Banks and Islamic Business Units and SEOJK No. 8/SEOJK.03/2015 along with its amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 08/DSN-MUI/IV/2000 on Musyarakah Financing.
8.2. DSN Fatwa No. 49/DSN-MUI/II/2005 on Conversion of Murabahah Contracts.
9. Accounting System/
Recording
9.1. PSAK relevant to the contract used.
9.2. Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
VI. AGENCY AND COOPERATION
VI.1. AGENT FOR THE SALE OF SHARIA SECURITIES ISSUED BY THE GOVERNMENT
1. Definition The Bank acts as an agent for the sale of Sharia securities issued by the government to its customers, including the sale of National Sharia Securities (SBSN) and Sharia State Treasury Bills (SPN Syariah).
2. Contract Appropriate Sharia contracts.
3. Requirements 3.1. The Bank meets laws and regulations and related provisions.
3.2. The Bank has policies and procedures for risk mitigation.
3.3. The Bank has adequate recording and administration systems.
4. Characteristics
5. Objectives/Benefits
a. For the Bank: To obtain fee-based income (ujrah) from the sale of Sharia-compliant securities issued by the government. b. For Customers: To be able to purchase Sharia-compliant securities issued by the government according to their needs.
6. Risk Identification
6.1. The Bank faces potential operational risks arising from the sale of Sharia-compliant securities issued by the government, including errors and fraud within the Bank, transaction process errors, and failures of the information technology systems used by the Bank.
6.2. The Bank faces potential legal risks caused by legal demands and/or weaknesses in the legal aspects related to the legality and permits as a seller of Sharia-compliant securities issued by the government.
7. Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.4. PMK No. 218/PMK.08/2008 on the Issuance and Sale of Retail Sharia State Securities in the Domestic Primary Market, as amended by PMK No. 187/PMK.08/2011 along with their amendments.
7.5. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.6. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.7. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.8. SEBI No. 17/32/DPSP regarding the Procedures for Auction of State Securities in the Primary Market and Management of State Securities.
7.9. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services along with their amendments.
7.10. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with their amendments.
7.11. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with their amendments.
8. Sharia Fatwa National Sharia Council Fatwa
8.1. National Sharia Council Fatwa No. 69/DSNMUI/VI/2008 on Sharia State Securities.
8.2. National Sharia Council Fatwa No. 70/DSNMUI/VI/2008 on the Issuance Method of Sharia State Securities.
9. Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VI.2. PAYMENT POINT
Definition
Cooperative activity between the Bank and third parties for the purpose of receiving bill payments through cash or non-cash deposits, including for electricity, water, telephone, mobile phone, and internet service bill payments.
Contract
Wakalah bil Ujrah
Requirements
3.1. The Bank and the third party formalize their agreement on cooperation for receiving bill payments through cash or non-cash deposits in the form of a written agreement or using a form or other equivalent format.
3.2. The Bank has policies and procedures for risk mitigation.
3.3. The Bank has adequate recording and administration systems.
Characteristics
The Bank may charge service fees for the payment point.
Objectives/Benefits
a. For the Bank: To become a source of income derived from fees (ujrah). b. For Customers: To accelerate the bill payment process.
Risk Identification
The Bank faces potential operational risks caused by errors and fraud within the Bank, transaction process errors, failures of the information technology systems used by the Bank, and errors in document examination.
Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.7. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services along with their amendments.
7.8. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with their amendments.
7.9. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with their amendments.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 10/DSN-MUI/IV/2000 on Wakalah.
Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VII. PAYMENT SYSTEM AND ELECTRONIC BANKING
VII.1. FUND TRANSFER PROVIDER
Definition
A Bank that conducts fund transfer activities, which are a series of activities starting with an instruction from the originator intended to transfer a certain amount of funds to the recipient specified in the fund transfer instruction until the funds are received by the recipient.
Contract
Wakalah bil Ujrah
Requirements
3.1. The Bank complies with regulations governing fund transfers.
3.2. The Bank applies product information transparency and customer protection in accordance with applicable regulations.
3.3. The Bank has policies and procedures for risk mitigation.
3.4. The Bank has an adequate fund transfer organization system, related to system security, capital adequacy, management integrity, risk management, and/or readiness of facilities and infrastructure.
Characteristics
4.1. Fund transfers can be conducted through:
a. BI-Real Time Gross Settlement (RTGS) System. b. Bank Indonesia National Clearing System (SKNBI).
c. Card Payment Instrument Providers (APMK) that provide fund transfer services.
4.2. The Bank may charge fund transfer fees while considering fairness aspects.
Objectives/Benefits
a. For the Bank: To obtain fee-based income (ujrah) as a fund transfer provider. b. For Customers: To provide convenience in money transfer transactions safely and quickly.
Risk Identification
The Bank faces potential operational risks arising in the conduct of fund transfers, including errors and fraud within the Bank, transaction process errors, failures of the information technology systems used by the Bank, errors in conducting fund transfers such as incorrect recipient input and errors in transmitting amounts that do not match the instruction.
Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.6. PBI No. 14/23/PBI/2012 on Fund Transfers along with their implementation regulations and amendments.
7.7. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.8. PBI No. 17/9/PBI/2015 on Fund Transfer Providers and Scheduled Clearing by Bank Indonesia along with their implementation regulations and amendments.
7.9. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services along with their amendments.
7.10. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with their amendments.
7.11. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with their amendments.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 10/DSN-MUI/IV/2000 on Wakalah.
Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
VIII. OTHER ACTIVITIES
VIII.1. SAFE DEPOSIT BOX (SDB)
Definition
The service of renting boxes for storing assets or securities in the Bank's vault.
Contract
Ijarah
Requirements
3.1. Items stored in the SDB are valuable items that are not prohibited and not banned by the state.
3.2. The Bank and the customer formalize their agreement on the use of the SDB in the form of a written agreement or using a form or other equivalent format.
3.3. The Bank has policies and procedures for risk mitigation.
3.4. The Bank has adequate recording and administration systems.
3.5. The Bank has a vault that meets security standards.
Characteristics
4.1. The Bank may charge rental fees for the use of the SDB in accordance with the agreement.
4.2. The Bank may add loss insurance coverage.
4.3. The Bank may set a specific storage period.
Objectives/Benefits
a. For the Bank
5.a.1. To become a source of income derived from fees (ujrah).
5.a.2. To expand the diversity of the Bank's products and services. b. For Customers: As a secure storage place.
Risk Identification
The Bank faces potential operational risks arising, among others, from errors and fraud within the Bank, transaction process errors, failures of the information technology systems used by the Bank, or fraud by Bank employees.
Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.7. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services along with their amendments.
7.8. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with their amendments.
7.9. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with their amendments.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 24/DSN-MUI/III/2002 on Safe Deposit Box.
Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VIII.2. TRAVELLER’S CHEQUE (TC)
Definition
The issuance of traveller's cheques that can be used as a means of payment.
Contract
Wakalah/Wadi'ah
Requirements
3.1. The Bank complies with regulations governing cheques and other related legislation.
3.2. The customer completes the purchase or sale form for the TC.
3.3. The customer signs the TC in front of the teller.
3.4. The Bank has policies and procedures for risk mitigation.
3.5. The Bank has adequate recording and administration systems.
Characteristics
4.1. The Bank may replace lost TCs in accordance with Bank policy if the TC holder reports the loss and requests replacement from the Bank.
4.2. The Bank may issue TCs in Rupiah and/or foreign currency (specifically for opening in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
Objectives/Benefits
a. For the Bank
5.a.1. To become a source of income derived from fees (ujrah).
5.a.2. To expand the diversity of the Bank's products and services. b. For Customers: To provide convenience in travel within and outside the country.
Risk Identification
The Bank faces potential operational risks arising, among others, from errors and fraud within the Bank, transaction process errors, failures of the information technology systems used by the Bank, and errors in the administration of traveller's cheques.
Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.7. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services along with their amendments.
7.8. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with their amendments.
7.9. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with their amendments.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 02/DSN-MUI/IV/2000 on Savings.
8.2. DSN Fatwa No. 10/DSN-MUI/IV/2000 on Wakalah.
Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VIII.3. PAYROLL
Definition
Services provided to customers to make mass salary payments to employees/workers.
Contract
2.1. Wakalah
2.2. Wakalah Bil Ujrah
Requirements
3.1. The Bank has a cooperation agreement or standing instruction for payroll implementation with the institution/party paying the salary.
3.2. The Bank has adequate information technology that supports payroll services.
3.3. The Bank has policies and procedures for risk mitigation.
3.4. The Bank has adequate recording and administration systems.
Characteristics
4.1. Payroll services are conducted collectively using secure and reliable information technology owned by the Bank.
4.2. Payroll services can be conducted by debiting the account of the institution/party paying the salary and crediting the account of the respective employees according to the salary list provided.
4.3. Payroll services can be conducted more than once in accordance with the agreement between the Bank and the institution/party paying the salary.
Objectives/Benefits
a. For the Bank
5.a.1. To become a source of income derived from fees (ujrah).
5.a.2. To expand the diversity of the Bank's products and activities. b. For Customers 5.b.1. To assist companies in managing employee salary payments easily and securely. 5.b.2. Companies no longer pay salaries in cash. 5.b.3. Employees/workers can receive salaries on time. 5.b.4. To facilitate the monitoring and management of payment/disbursement processes.
Risk Identification
The Bank faces potential operational risks arising, among others, from errors and fraud within the Bank, transaction process errors, failures of the information technology systems used by the Bank, errors in payroll administration, and errors in inputting salary account numbers.
Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.3. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.4. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.5. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.6. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.7. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services along with their amendments.
7.8. SEOJK No. 13/SEOJK.07/2014 on Standard Agreements along with their amendments.
7.9. SEOJK No. 14/SEOJK.07/2014 on Confidentiality and Security of Consumer Personal Data and/or Information along with their amendments.
Sharia Fatwa National Sharia Council Fatwa
8.1. DSN Fatwa No. 01/DSN-MUI/IV/2000 on Current Accounts.
Accounting System/Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
Applicable To BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VIII.4. VIRTUAL ACCOUNT (VA)
Definition
Services provided by the Bank to customers in the form of facilities for identifying the receipt of bill payments owed by the customer to the customer's counterparty.
Contract
Ijarah
Requirements
3.1. The Bank and the customer formalize their agreement on the use of virtual account services in the form of a written agreement or using a form or other equivalent format.
3.2. The Bank has adequate information technology that supports virtual account services.
3.3. The Bank has policies and procedures for risk mitigation.
3.4. The Bank has adequate recording and administration systems.
Characteristics
4.1. Virtual account service payment types can be:
a. Payment with a fixed bill, cannot be more/less than the bill amount (full payment); b. Payment with a fixed bill, but payment can be made in installments (partial payment); and/or
c. Payment without generating a bill, so payment can be made by filling in any nominal amount (open payment).
4.2. The Bank may require the opening of a current account as a pooling account.
4.3. The Bank may charge service fees.
4.4. Payments can be made through the Bank's available payment channels.
Objectives/Benefits
a. For the Bank
5.a.1. To become a source of income derived from fees (ujrah).
5.a.2. To expand the diversity of the Bank's products and services. b. For Customers 5.b.1. To facilitate payment reconciliation.
5.b.2. To facilitate the customer's counterparties in paying bills.
Risk Identification
6.1. The Bank faces potential operational risks caused by errors in communication and application processes, database security systems, and systems and procedures.
6.2. The Bank faces potential operational risks caused by errors and fraud within the Bank, transaction process errors, failures of the information technology systems used by the Bank, and errors in document examination.
6.3. The Bank faces potential legal risks caused by customer demands due to discrepancies in records between the customer and the Bank or transactions that were conducted but did not result in settlement.
6.4. The Bank faces potential reputational risks caused by customer complaints and grievances regarding virtual accounts.
6.5. The Bank faces potential strategic risks caused by virtual accounts not being supported by adequate infrastructure, including operational information technology, policies, and operational procedures.
Related Provisions
Related provisions include:
7.1. PBI No. 7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP along with their amendments.
7.2. PBI No. 9/15/PBI/2007 on Risk Management Implementation in the Use of Information Technology by Commercial Banks and their implementation regulations and amendments.
7.3. PBI No. 9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Collection and Disbursement Activities and Bank Sharia Services, as amended by PBI No. 10/16/PBI/2008 and SEBI No. 10/14/DPbS along with their amendments.
7.4. PBI No. 13/23/PBI/2011 on Risk Management Implementation for Islamic Commercial Banks and Islamic Business Units along with their amendments.
7.5. PBI No. 14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for Commercial Banks and SEBI No. 15/21/DPNP along with their amendments.
7.6. PBI No. 14/26/PBI/2012 on Business Activities and Office Networks Based on Core Capital along with their amendments.
7.7. POJK No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector along with their amendments.
7.8. SEOJK No. 12/SEOJK.07/2014 on Information Disclosure in the Context of Marketing Products and/or Financial Services
Finance and its amendment provisions.
7.9. SEOJK No.13/SEOJK.07/2014 on Standard Agreements and its amendment provisions.
7.10. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information and its amendment provisions.
8. Shariah Fatwa National Shariah Council Fatwa
8.1. Fatwa DSN No.09/DSN-MUI/IV/2000 on Ijarah Financing.
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VIII.5. CASH PICK UP AND DELIVERY
b. For Customers Helping customers manage cash with an easy, comfortable, fast, and safe process.
6. Risk Identification
The Bank faces potential operational risks arising, among others, from errors and fraud within the Bank, transaction process errors, and failures of the information technology systems used at the Bank or fraud by Bank employees.
7. Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP and its amendment provisions.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Mobilization and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS and its amendment provisions.
7.3. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No. 15/21/DPNP and its amendment provisions.
7.4. PBI No.13/23/PBI/2011 on the Implementation of Risk Management for Islamic General Banks and Islamic Business Units and its amendment provisions.
7.5. PBI No.13/25/PBI/2011 on the Implementation of Prudential Principles for General Banks that Delegate Part of the Execution of Work to Other Parties.
7.6. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on Bank Core Capital and its amendment provisions.
7.7. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector and its amendment provisions.
7.8. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Framework of
Marketing of Products and/or Financial Services and its amendment provisions.
7.9. SEOJK No.13/SEOJK.07/2014 on Standard Agreements and its amendment provisions.
7.10. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information and its amendment provisions.
8. Shariah Fatwa National Shariah Council Fatwa
8.1. Fatwa DSN No.10/DSN-MUI/IV/2000 on Wakalah.
8.2. Fatwa DSN No.09/DSN-MUI/IV/2000 on Ijarah Financing.
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VIII.6. ESCROW AGENT
Definition A service provided by the Bank acting as an escrow agent to execute the rights and obligations established in the escrow agent agreement.
Contract 2.1. Wakalah
2.2. Wakalah Bil Ujrah
2.3. Ijarah
Requirements 3.1. Escrow accounts can only be used for transfer and book transfer activities (cannot be used for cash withdrawals).
3.2. Agreement on the use of escrow agent services in the form of a written agreement or using a form or other form that can be equated with it.
3.3. The Bank has policies and procedures for risk mitigation.
3.4. The Bank has adequate recording and administration systems.
Characteristics 4.1. The Bank can provide services in Indonesian Rupiah and foreign currency (specifically for opening in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.2. The Bank can charge service fees.
Purpose/ Benefits
a. For the Bank 5.a.1. Becoming a source of income derived from fees (ujrah).
5.a.2. Expanding the diversity of Bank products and services. b. For Customers 5.b.1. Helping customers manage funds.
5.b.2. Ensuring that payments are executed on time.
Risk Identification
The Bank faces potential operational risks caused by inadequate internal processes, process failures, human error, and system failures in managing funds in escrow accounts.
Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No.7/25/DPNP and its amendment provisions.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Mobilization and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS and its amendment provisions.
7.3. PBI No.13/23/PBI/2011 on the Implementation of Risk Management for Islamic General Banks and Islamic Business Units and its amendment provisions.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No.15/21/DPNP and its amendment provisions.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on
Bank Core Capital and its amendment provisions.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector and its amendment provisions.
7.7. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Framework of Marketing of Products and/or Financial Services and its amendment provisions.
7.8. SEOJK No.13/SEOJK.07/2014 on Standard Agreements and its amendment provisions.
7.9. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information and its amendment provisions.
8. Shariah Fatwa National Shariah Council Fatwa
8.1. Fatwa DSN No.10/DSN-MUI/IV/2000 on Wakalah.
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4
VIII.7. BANK GUARANTEE
3.3. The Bank analyzes the customer's application for the issuance of a bank guarantee, which includes among others personal aspects such as character analysis and/or financial aspects.
3.4. The Bank has policies and procedures for risk mitigation.
3.5. The Bank has adequate recording and administration systems.
4. Characteristics 4.1. The Bank can issue bank guarantees in Indonesian Rupiah or foreign currency (specifically for issuance in foreign currency, this only applies to Banks that have received approval to conduct business activities in foreign currency).
4.2. The Bank can charge a fee (ujrah) agreed upon in advance and stated in a specific nominal amount.
4.3. The Bank can request collateral in the form of cash collateral or other forms of guarantee for the value of the guarantee.
4.4. In the event that the customer cannot fulfill its obligations to third parties, the Bank fulfills its obligations to third parties by providing accommodation funds or by executing the guarantee.
5. Purpose/ Benefits
a. For the Bank 5.a.1. Becoming a source of income derived from fees (ujrah).
5.a.2. Expanding the diversity of Bank activities in providing services or assistance. b. For Customers 5.b.1. Reducing the risk of broken promises for the Bank Guarantee beneficiary. 5.b.2. Facilitating business transactions both domestically and internationally.
6. Risk Identification
6.1. The Bank faces potential reputational risk caused by a decrease in stakeholder trust stemming from negative perceptions of the Bank if it cannot fulfill promised commitments.
6.2. The Bank faces potential credit risk caused by customer breach of contract or default in the event that the customer cannot fulfill its obligations arising because the Bank provided accommodation funds.
6.3. The Bank faces potential operational risks arising, among others, from errors and fraud within the Bank, transaction process errors, and failures of the information technology systems used at the Bank due to errors or inaccuracies in agreement documents.
7. Related
Provisions
Related provisions include:
7.1. PBI No.7/6/PBI/2005 on Transparency of Bank Product Information and Use of Customer Personal Data and SEBI No. 7/25/DPNP and its amendment provisions.
7.2. PBI No.9/19/PBI/2007 on the Implementation of Sharia Principles in Fund Mobilization and Disbursement Activities and Bank Sharia Services as amended by PBI No.10/16/PBI/2008 and SEBI No.10/14/DPbS and its amendment provisions.
7.3. PBI No.13/23/PBI/2011 on the Implementation of Risk Management for Islamic General Banks and Islamic Business Units and its amendment provisions.
7.4. PBI No.14/27/PBI/2012 on the Implementation of Anti-Money Laundering and Counter-Terrorism Financing Programs for General Banks and SEBI No. 15/21/DPNP and its amendment provisions.
7.5. PBI No.14/26/PBI/2012 on Business Activities and Office Networks Based on
Bank Core Capital and its amendment provisions.
7.6. POJK No.1/POJK.07/2013 on Consumer Protection in the Financial Services Sector and its amendment provisions.
7.7. POJK No.16/POJK.03/2014 on the Assessment of Asset Quality for Islamic General Banks and Islamic Business Units and SEOJK
No.8/SEOJK.03/2015 and its amendment provisions.
7.8. SEOJK No.12/SEOJK.07/2014 on Information Disclosure in the Framework of Marketing of Products and/or Financial Services and its amendment provisions.
7.9. SEOJK No.13/SEOJK.07/2014 on Standard Agreements and its amendment provisions.
7.10. SEOJK No.14/SEOJK.07/2014 on Confidentiality and Security of Consumer Data and/or Personal Information and its amendment provisions.
8. Shariah Fatwa National Shariah Council Fatwa
8.1. Fatwa DSN No.11/DSN-MUI/IV/2000 on Kafalah.
8.2. Fatwa DSN No.19/DSN-MUI/IV/2001 on Al-Qardh.
9. Accounting System/
Recording
Indonesian Sharia Banking Accounting Guidelines (PAPSI).
10. Applicable to BOOK 1, BOOK 2, BOOK 3, and BOOK 4.
Determined in Jakarta
On the date of 22 December 2015
EXECUTIVE HEAD OF BANKING SUPERVISOR
FINANCIAL SERVICES AUTHORITY, signature
NELSON TAMPUBOLON
Copy in accordance with the original
Director of Law 1
Law Department signature
Sudarmaji
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A newer document in RegAlert replaces this one.
“Financial Services Authority Circular Letter Number 36/SEOJK.03/2015 concerning Products and Activities of General Islamic Banks and Islamic Business Units, are repealed and declared invalid.”
“Bank Indonesia Circular Letter Number 14/16/DPbS dated May 31, 2012 concerning Gold Ownership Financing Products for Sharia Banks and Islamic Business Units”
“Bank Indonesia Circular Letter Number 14/7/DPbS dated February 29, 2012 concerning Gold-Collateralized Qardh Products for Sharia Banks and Islamic Business Units”
Amended 1 time · last 2021-10-31
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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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