BANK INDONESIA Unofficial Translation
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BANK INDONESIA REGULATION
NUMBER: 13/13/PBI/2011
CONCERNING
ASSET QUALITY RATING
FOR ISLAMIC COMMERCIAL BANKS AND ISLAMIC BUSINESS UNITS
BY THE GRACE OF THE ALMIGHTY GOD
THE GOVERNOR OF BANK INDONESIA,
Considering: a. whereas the sustainability of a bank depends on
the ability of the bank to make investment by
taking into account the prudential principles and
Sharia principles;
b. whereas the assessment of asset quality in the
context of provision of allowance for loan losses is
one form of risk management that aims to ensure
that the bank can absorb the expected losses;
c. whereas by the enactment of laws on Islamic
banking and the harmonization with other relevant
provisions, it is necessary to make adjustment of
provisions pertaining to the assessment of asset
quality and the provision of allowance for asset
losses;
d. whereas based on the considerations as referred to
in letter a, b, and c, it is necessary to revise the
provisions pertaining to asset quality for Islamic
Commercial Banks and Islamic Business Units in
a Bank Indonesia Regulation;
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In view of: 1. Act Number 23 of 1999 concerning Bank
Indonesia (State Gazette of the Republic of
Indonesia Number 66 of 1999, Supplement to
the State Gazette of the Republic of Indonesia
Number 3843) as amended several times and
most recently amended by Act Number 6 of 2009
concerning the Stipulation of Government
Regulation in Lieu of Act Number 2 of 2008
concerning the Second Amendment to Act
Number 23 of 1999 concerning Bank Indonesia
into Act (State Gazette of the Republic of
Indonesia Number 7 of 2009, Supplement to the
State Gazette of the Republic of Indonesia
Number 4962);
- Act Number 21 of 2008 concerning Islamic
Banking (State Gazette of the Republic of
Indonesia Number 94 of 2008 , Supplement to
State Gazette of the Republic of Indonesia
Number 4867);
HAS DECREED
To enact : BANK INDONESIA REGULATION CONCERNING ASSET
QUALITY RATING FOR ISLAMIC COMMERCIAL BANKS
AND ISLAMIC BUSINESS UNITS.
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CHAPTER I
GENERAL PROVISIONS
Article 1
The terminology used in this Bank Indonesia Regulation has
the following meaning:
- Bank is an Islamic Commercial Bank and an Islamic
Business Unit as defined in Act Number 21 of 2008
concerning Islamic Banking.
- Islamic Rural Bank, hereinafter referred to as BPRS (Bank
Pembiayaan Rakyat Syariah), is an Islamic Rural Bank as
referred to in Act Number 21 of 2008 concerning Islamic
Banking.
- Earning Assets are placement of Bank both in rupiah and
any foreign exchange in order to gain income, in the form
of Financing, Islamic Securities, Islamic Certificate of
Bank Indonesia, Capital Participation, Temporary Capital
Participation, Interbank Placement, commitments and
contingencies in the Off Balance Sheet Transactions, and
other forms of provision of funds that are deemed
equivalent with the abovementioned.
- Financing is the provision of funds or receivables which
are considered equal with that in the form of:
a. profit-sharing transactions in the form of mudharabah
and musyarakah;
b. leasing transactions in the form of ijarah or leasepurchase in the form of ijarah muntahiyah bittamlik;
c. sale-purchase transactions in the form of murabahah,
salam and istishna’ receivables;
d. lending–borrowing transaction in the form of qardh
receivables; and
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e. lease service transactions in the form of ijarah for
multiservices transactions
based on the agreement or arrangement between the
Bank and another party that requires the party that is
funded and / or provided with facilities to repay the funds
after a specified period of time along with ujrah, without
any yield, or profit-sharing.
- Financing based on a mudharabah contract, hereinafter
referred to as Mudharabah Financing, is Financing in the
form of business cooperation between the Bank which
provides all the capital and the customer that manages
the fund by sharing the profits in accordance with the
agreement which is set forth in the contract, while the loss
is entirely borne by the Bank unless the customer
commits a willful mistake, failure or breach of the
agreement.
- Financing based on a musyarakah contract, hereinafter
referred to as Musyarakah Financing, is Financing in the
form of cooperation between the Bank and the customer
that has a certain business in which each party provides
some portion of funds provided that the profits will be
shared according to the agreement, while the losses are
borne in proportion to each contribution of fund.
- Financing based on a murabahah contract, hereinafter
called Murabahah Financing, is the Financing of an item
by conformation of its purchase price to the buyer and the
buyer pays the price with an extra amount as a profit
which is agreed upon.
- Financing based on a salam contract, hereinafter referred
to as Salam Financing, is the Financing of an item by way
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of making order while the payment is made in advance
under certain agreed conditions.
- Financing based on a istishna contract, hereinafter
referred to as Istishna’ Financing, is the Financing of an
item in the form of an order of production of a certain item
under certain criteria and conditions which are agreed
between the customer and the seller or the manufacturer
of the item.
- Financing based on an ijarah contract, hereinafter
referred to in Ijarah Financing, is the Financing of the
transfer of rights to use or benefits from goods or services
based on a lease, without the transfer of ownership of the
goods.
- Financing based on an ijarah muntahiya bittamlik
contract, hereinafter referred to as Ijarah Muntahiya
Bittamlik Financing, is the Financing of the transfer of
rights to use or benefits of the goods or services based on
a lease transaction with an option of the transfer of
ownership of the goods.
- Financing based on a qardh contract, hereinafter referred
to as Qardh Financing, is Financing in the form of loan
granted to the customer provided that the customer
repays the funds received at the agreed time.
- Islamic Securities is a proof of investment based on the
principles of Sharia commonly traded in the money
market and / or capital market including Islamic bonds,
Islamic certificates of mutual funds and other securities
based on the principles of Sharia.
- Islamic Certificate of Bank Indonesia, hereinafter referred
to as SBIS, is a short-term securities in rupiah currency
issued by Bank Indonesia.
BANK INDONESIA Unofficial Translation
- Sharia Principle means the principle of Islamic law in
banking activities based on a fatwa (guidance) which is
issued by the institution that has the authority in the
issuance of fatwa in the Islamic matters.
- Capital Participation is the investment of the Bank’s fund
in the form of share ownership in a company which is
engaged in Islamic finance, including investment of fund
in the form of convertible bonds or certain types of
transactions based on the Principles of Sharia after which
the Bank holds or will hold shares in a company which is
engaged in the field of Islamic finance.
- Temporary Capital Participation is the capital
participation by a Bank, which includes the purchase of
shares and/or conversion of Financing into shares in the
customer’s company to overcome the failure in the
distribution of funds and/or the receivables during a
certain period of time as referred to in Bank Indonesia
provisions.
- Interbank Placement is an investment in Islamic
Commercial Banks, Islamic Business Units and/or BPRS,
in the form of, among other things, demand deposit (giro),
savings, time deposit, Financing, and / or other forms of
placement based on the Principles of Sharia.
- Off Balance Sheet Transaction is the commitments and
contingencies (off-balance sheet) based on the Principles
of Sharia consisting of bank guarantees,
acceptance/endorsement, irrevocable Letter of Credit
(L/C) which is still valid, import drafts acceptance on the
basis of time Letter of Credit, standby Letter of Credit and
other guarantees based on the Principles of Sharia.
BANK INDONESIA Unofficial Translation
- Projected Profit Sharing, hereinafter referred to as PBH, is
an estimate of revenues which will be received by the
Bank from the customers of Mudharabah Financing and
Musyarakah Financing after calculating the profit sharing
ratio, with the amount and due date as agreed between
the Bank and the customer.
- Realization of Profit Sharing, hereinafter referred to as
RBH, means the revenue received by the Bank from the
customers of the Mudharabah Financing and Musyarakah
Financing after taking into account the profit sharing
ratio.
- Non-Earning Assets is the Bank’s assets other than
Earning Assets with potential losses, such as in the form
of Foreclosed Collateral, Abandoned Property, and InterOffice Account and Suspense Account.
- Foreclosed Collateral hereinafter referred to as AYDA, is
part or whole of collateral that the Bank purchases, either
through an auction or other non-auction events, based on
voluntary delivery of the collateral by the owner or by
authorization to sell obtained from the owner of the
collateral, with the obligation to liquidate it.
- Inter-Office Account is an account receivable arising from
inter-office transactions which have not been settled
within a specified period of time.
- Suspense Account is an account used to hold transactions
which are not identified or are not supported by adequate
documentation so that they cannot be classified in the
proper accounts.
- Allowance for Asset Losses hereinafter referred to as PPA
is a reserve which should be established by a certain
percentage based on the quality of the assets.
BANK INDONESIA Unofficial Translation
- Independent Appraiser is Public Appraisal Services
hereinafter referred to as KJPP that:
a. has no connection in terms of ownership,
management and finance with the Bank and the
customer that receives the facility;
b. conducts an assessment based on professional code
of ethics and other provisions as determined by the
competent institution;
c. uses assessment methods based on professional
assessment standards issued by the competent
institution;
d. has a business license from the competent institution
to operate as an appraisal company, and
e. is recorded as a member of an association recognized
by the competent institution.
- Micro, Small and Medium-sized Enterprises, hereinafter
referred to as MSME, is MSME as defined in Act No. 20 of
2008 on Micro, Small, and Medium-sized Enterprises.
- Capital Adequacy Ratio, hereinafter referred to as CAR, is
CAR as stipulated in Bank Indonesia provisions
concerning capital adequacy ratio.
CHAPTER II
ASSET QUALITY
Article 2
(1) Investment and/or provision of funds by the Bank shall
be carried out pursuant to the prudential principles and
the Principles of Sharia.
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(2) The Bank shall assess, monitor and take some
anticipatory measures in order to maintain the asset
quality in the state of Current.
Article 3
The assessment of asset quality shall be conducted on Earning
Assets and Non-Earning Assets.
Article 4
(1) The Bank shall conduct assessment and classification of
asset quality in accordance with this Bank Indonesia
Regulation.
(2) In the event of any discrepancy in terms of the result of
the assessment of asset quality between the Bank and
Bank Indonesia, the quality of assets which prevails is
the one set by Bank Indonesia.
(3) The Bank shall be required to adjust the quality of the
assets in accordance with the assessment of quality
determined by Bank Indonesia as referred to in
paragraph (2) in reports which are submitted to Bank
Indonesia and/or in a publication report as set forth in
the applicable Bank Indonesia provisions, no later than
the next reporting period upon notificatioin from Bank
Indonesia.
CHAPTER III
EARNING ASSETS
Part One
General
Article 5
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(1) The Bank shall classify into the same quality several
accounts of Earning Assets used to fund one (1)
customer at the same Bank.
(2) The classification into the same quality as referred to in
paragraph (1) shall also be applicable to Earning Assets
in the form of provision of funds or receivables granted
by more than 1 (one) Bank implemented in accordance
with a collective and/or syndicated Financing
agreement.
(3) In the event that there is a different quality of Earning
Assets as referred to in paragraph (1) and paragraph (2),
the Bank shall classify the same quality each of the
Earning Assets by adjusting it to the lowest quality of
Earning Assets.
(4) The provisions as referred to in paragraph (3) may be
waived if the Earning Assets are classified by different
assessment factors.
Article 6
The Bank shall be required to assess the quality of Earning
Assets on a monthly basis.
Article 7
(1) The investment of the Bank in the form of Earning
Assets shall be supported with complete documents and
provision of sufficient information.
(2) Bank Indonesia shall have the right to downgrade the
quality of the Earning Assets which have been classified
by the Bank as Current and Special Mention to be
Substandard as the highest quality, in the event the
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investment documents do not fund provide sufficient
information to support the classification in question.
Part Two
Financing
Article 8
(1) The assessment of quality of Earning Assets in the form
of Financing shall be carried out based on the following
factors:
a. business prospects;
b. the customers’ performance, and
c. the ability to pay.
(2) The Earning Assets in form of Financing shall be
classified into Current, Special Mention, Sub-standard,
Doubtful, and Loss.
Article 9
(1) The assessment of business prospects as referred to in
Article 8 paragraph (1) letter a shall include the
assessment of the following components:
a. potential for business growth;
b. market conditions and the position of the customers
in the competition;
c. the quality of management and workforce issues;
d. support from groups or affiliations, and
e. efforts of the customers in order to preserve the
environment.
(2) The assessment of the performance of the customer as
referred to in Article 8 paragraph (1) letter b shall
include the assessment of the following components:
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a. profits;
b. capital structure;
c. cash flow; and
d. sensitivity to market risks.
(3) The assessment of the ability to pay as referred to in
Article 8 paragraph (1) letter c shall include the
assessment of the following components:
a. timely payment of principal and margin/profit
sharing/fee;
b. availability and accuracy of the customer’s financial
information;
c. complete Financing documents;
d. compliance with Financing agreements;
e. suitability of the use of funds, and
f. reasonableness of the sources of payment of
obligations.
Article 10
(1) The classification of quality of Earning Assets in the form
of Financing shall be carried out by analyzing the
assessment factors as referred to in Article 8 by
considering the components referred to in Article 9.
(2) The classification of quality of Earning Assets in the form
of Financing as referred to in paragraph (1) shall take
into account:
a. the significance and materiality of each assessment
factor and component; and
b. the relevance of the assessment factors and
components to the customer concerned.
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Article 11
(1) The Bank shall have internal provisions which set forth
the criteria and requirements of the customer of
Financing that is required to submit the financial
statements which have been audited by public
accountant, including provisions on the deadline for
submission of the statements.
(2) The obligation of the customer to submit financial
statements as referred to in paragraph (1) shall be
included in the agreement between the Bank and the
customer.
(3) The internal provisions as referred to in paragraph (1)
shall comply with the applicable laws and regulations.
(4) The quality of Earning Assets in the form of Financing
granted to a customer that does not submit the financial
statements as referred to in paragraph (1) shall be
downgraded one level and the highest quality achievable
shall be Sub-standard.
Article 12
(1) The assessment of the quality of Earning Assets in the
form of Mudharabah Financing and Musyarakah
Financing shall be conducted based on the ability to pay
with reference to the ratio of RBH to PBH and/or the
timely payment of principal.
(2) The calculation of the ratio of RBH to PBH as referred to
in paragraph (1) shall be made based on the
accumulation during the current period of Mudharabah
Financing and Musyarakah Financing.
(3) PBH shall be calculated based on the business feasibility
analysis and cash inflow of the customer during the
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period of Mudharabah Financing and Musyarakah
Financing.
(4) The Bank may change PBH upon agreement with the
customer in the event that there are changes in the
condition of the macroeconomy, markets, and politic
which affect the customer's business.
(5) The Bank shall include PBH and the changes in PBH in
the Mudharabah Financing and Musyarakah Financing
agreement between the Bank and the customer.
Article 13
(1) In Mudharabah Financing, the Bank shall not have the
obligation to determine the scheduled payments of
principal by the Customer.
(2) The Bank shall take some measures to reduce the risk of
nonpayment of principal on its due date in the event that
in the Mudharabah Financing it has been agreed that
there shall be no regular payments of the principal
(3) For Musyarakah Financing which is effective for more
than 1 (one) year, the Bank shall establish regular
payments of principal in accordance with the projected
cash inflow in the customer's business.
(4) The payment of installment or full payment of principal of
Mudharabah Financing and Musyarakah Financing shall
be included in the Financing agreement between the
Bank and the customer.
Article 14
(1) The assessment of the quality of Earning Assets in the
form Financing and other forms of provision of funds may
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only be based on the assessment factor, namely the
ability to pay for:
a. Financing and other forms of provision of funds
provided by each Bank to 1 (one) customer or 1
(one) project with a maximum amount of
Rp1,000,000,000.00 (one billion rupiah);
b. Financing and other forms of provision of funds
provided by each Bank to the customer of every
MSME in the amount of:
- from Rp1,000,000,000.00 (one billion rupiah)
to Rp20,000,000,000.00 (twenty billion rupiah)
for any Bank that meets the following criteria:
i. rated “strong” in terms of adequacy of risk
control systems for credit risks;
ii. rated at least 3 (three) for its composite
rating for the level of soundness; and
iii. has a minimum CAR equal to the one
prescribed in the applicable regulations.
- from Rp1,000,000,000.00 (one billion rupiahs)
until 10,000,000,000.00 (ten billion rupiah)
for a Bank that meets the following criteria:
i. rated “acceptable” in terms of adequacy of
risk control systems for credit risks;
ii. rated at least 3 (three) for its composite
rating for the level of soundness, and
iii. has a minimum CAR equal to the one
prescribed in the applicable regulations;
(2) To the assessment of the quality of Earning Assets in the
form of Financing and other forms of provision of fund as
referred to in paragraph (1) letter b on Islamic Business
Unit and the following provisions shall be applicable:
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a. the rating in the assessment of the adequacy of the
risk control system for credit risks shall refer to the
adequacy of the risk control system of the Islamic
Business Unit, and
b. the composite ranking for the level of soundness
and CAR shall refer to the composite rating of the
level of soundness and CAR of its parent bank.
(3) The provisions as referred to in paragraph (1) letter b
shall not apply to Financing and other forms of provision
of funds granted to 1 (one) MSME customer in the
amount greater than Rp1,000,000,000.00 (one billion
rupiah), which is:
a. Financing which is restructured; and / or
b. The provision of funds for 50 (fifty) largest
customers of the Bank.
(4) In the event of significant deviation from the principle of
sound financing, the assessment of quality of Earning
Assets in the form of Financing and other forms of
provision of funds provided by the Bank to the MSME
customer as referred to in paragraph (1) letter b shall be
based on assessment factors as referred to in Article 8
paragraph (1).
Article 15
(1) The rating in the assessment of adequacy of risk control
system for credit risks, the composite rating of the level of
soundness, and the CAR used in the assessment of the
quality of Earning Assets in Financing and other forms of
provision of funds as referred to in Article 14 paragraph
(1) letter b shall be based on Bank Indonesia which is
notified to the Bank in each semester.
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(2) The use of rating in the assessment of adequacy of risk
control system for credit risks, the composite rating of
Bank’s level of soundness, and the CAR used in the
assessment of the quality of Earning Assets in the form of
Financing and other forms of provision of funds as
referred to in Article 14 paragraph (1) shall be as follows:
a. the assessment of the quality of Earning Assets in
the form of Financing and other forms of provision
of funds in January to June uses the rating of the
assessment of the adequacy of risk control system
for credit risks, the composite rating of the level of
soundness, and the CAR of the Bank at the latest in
position in September of the previous year, and
b. the assessment of the quality of Earning Assets in
the form of Financing and other forms of provision
of funds from July to December uses the rating of
the assessment the adequacy of risk control system
for credit risks, the composite rating of the level of
soundness, and the CAR of the Bank at the latest in
position in March of the same year.
Part Three
Islamic Securities
Article 16
The Bank shall have written policies and procedures for
Earning Assets in the form of Islamic Securities, as follows:
a. the policy on Earning Assets in the form of Islamic
Securities shall be approved by the Board of
Commissioners;
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b. procedures for Earning Assets in the form of Islamic
Securities shall at least be approved by the Board of
Directors;
c. the Board of Commissioners shall actively supervise the
implementation of the policy on Earning Assets in the
form of Islamic Securities, and
d. policy and procedures for Earning Assets in the form of
Islamic Securities are an integral part of the Bank's risk
management policies as stipulated in the applicable Bank
Indonesia regulations.
Article 17
(1) The Bank may invest in Islamic Securities.
(2) Islamic Securities as referred to in paragraph (1) may be
traded throughout in accordance with the Principles of
Sharia.
Article 18
(1) The quality of Earning Assets in the form of Islamic
Securities which are recognized at the market value shall
be classified as Current provided that they meet the
following requirements:
a. actively traded in the stock exchange in Indonesia;
b. information on the market value is available in a
transparent manner;
c. the yield has been received in the right amount and
the right time, according to the agreement, and
d. it has not yet matured.
(2) The quality of Earning Assets in the form of Islamic
Securities which are recognized based on the acquisition
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cost or recognized based on the market value but not
actively traded in the stock exchange in Indonesia and/or
transparent information about the market value of which
is not available shall be classified as follows:
a. Current, if:
- it has an investment grade or a higher one as
issued by a rating agency recognized by Bank
Indonesia and issued within the past year;
- the yield has been received in the right amount
and the right time, according to the agreement,
and
- it has not yet matured;
b. Sub-standard, if:
- it has an investment grade or a higher one
issued by a rating agency recognized by Bank
Indonesia and issued within the past year;
- there is a delay in the payment of the regular
profit sharing/margin/fee or other similar
obligations, and
- it has not yet matured;
or
- has a grade at least 1 (one) level below the
investment grade issued by the rating agency as
recognized by Bank Indonesia and issued within
the past year;
- there is no delay in the payment of regular profit
sharing/margin/fee or other similar obligations,
and
- it has not yet matured;
c. Loss, in the event that the Islamic Securities does not
meet the criteria referred to in letter a and letter b.
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(3) The quality of Earning Assets in the form of Islamic
Securities other than Islamic Securities as described in
paragraph (1) and paragraph (2), issued by the customer
shall be consistent with the quality of Earning Assets in
the form of Financing as referred to in Article 8.
Article 19
(1) The Bank is prohibited from having Earning Assets in
the form of shares and/or Islamic Securities which are
connected with or guaranteed by underlying reference
assets in the form of shares.
(2) The Bank may only have Islamic Securities which are
connected with or guaranteed by underlying reference
assets provided that:
a. The accuracy of the underlying assets is assured;
b. The Bank has the right over the underlying assets or
rights over the value of the underlying assets;
c. The Bank has clear information, precise, and
accurate information on the details of the underlying
asset, which includes the issuer and the value of
each underlying asset, including any changes
thereto, and
d. The Bank carries out the administration of the
details of the composition and the issuer of the
underlying assets as well as adjusting the
administration in the event of changes in the
composition of assets.
Article 20
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(1) The assessment of the quality of Earning Assets in the
form of Islamic Securities which are connected with or
guaranteed by underlying reference assets as referred to
in Article 19, for which the payment of the obligation is
directly related to the underlying assets (pass through),
which may be redeemed and may not be redeemed by the
issuer, shall be based on:
a. The quality of Earning Assets in the form of Islamic
Securities as referred to in Article 18 paragraph (2),
or
b. The quality of the underlying asset if the Islamic
Securities does not have a grade.
(2) The assessment of the quality of Earning Assets in the
form of Islamic Securities in the form of mutual fund
certificate shall be based on:
a. the quality of Earning Assets in the form of Islamic
Securities as referred to in Article 18 paragraph (2);
or
b. the quality of the underlying assets of the mutual
fund certificate and the quality of the issuer of the
mutual fund certificate, if the mutual fund certificate
does not have a grade.
Article 21
The quality of Earning Assets in the form of Islamic Securities
issued or endorsed by another Bank shall be classified as
follows:
a. Islamic Securities which have a grade and/or are actively
traded in the stock exchange in Indonesia shall be
determined by the lowest quality between:
BANK INDONESIA Unofficial Translation
- the result of the assessment pursuant to applicable
provisions on the quality of Earning Assets in the
form of Islamic Securities, or
- the result of the assessment pursuant to provisions
on the quality of Earning Assets in the form
Placement with Other Banks.
b. Islamic Securities which based on their characteristics are
not actively traded in the stock exchange in Indonesia and
do not have a grade shall be classified based on the
quality of Earning Assets in the form Placement with
Other Banks.
Article 22
The quality of Earning Assets in the form of SBIS and Islamic
Securities and/or receivables issued by the Government of
Indonesia based on the Principles of Sharia shall be classified
as Current.
Part Four
Capital Participation
Article 23
(1) Capital Participation in which the portion of the Bank is
lower than 20% (twenty percent) shall be recorded using
the cost method and classified as follows:
a. Current, if based on the audited financial statements
of the last financial year, the company in which the
Bank places its investment makes profits and does
not suffer cumulative losses;
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b. Sub-standard, if based on the audited financial
statements of the last financial year, the company in
which the Bank places its investment suffers losses
up to 25% (twenty five percent) of the capital of the
company;
c. Doubtful, if based on the audited financial statements
of the last financial year, the company in which the
Bank places its investment suffers losses more than
25% (twenty five percent) up to 50% (fifty percent) of
the capital of the company, or
d. Loss, if based on the audited financial statements of
the last financial year, the company in which the
Bank places its investment suffers losses more than
50 % (fifty percent) of the capital of the company;
(2) Capital Participation in which the portion of the Bank is
more than 20% (twenty percent) shall be recorded using
the equity method and classified as Current.
(3) In Capital Participation, the Bank shall also be subject to
Bank Indonesia Regulations which govern the prudential
principles on the capital participation, and the applicable
fatwa issued by National Sharia Board of Indonesian
Ulema Council.
Article 24
(1) The quality of Earning Assets in the form of Temporary
Capital Participation shall be assessed based on the
duration of participation which has been determined as
set forth in this Bank Indonesia Regulation.
(2) The quality of Earning Assets in the form of Temporary
Capital Participation shall be classified as follows:
a. Current, if it does not exceed 1 (one) year;
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b. Sub-standard, if it exceeds 1 (one) year but it does
not exceed 4 (four) years;
c. Doubtful, if it already exceeds (four) years but it does
not exceed 5 (five) years, or
d. Loss, if it exceeds 5 (five) years or it has not been
withdrawn although the customer’s company has
acquired cumulative profits.
(3) Bank Indonesia shall have the authority to downgrade
the quality of Temporary Capital Participation as referred
to in paragraph (2) if there is sufficient evidence that:
a. the Temporary Capital Participation is expected to be
sold at a lower price than the book value; and / or
b. the sale of the Temporary Capital Participation is
expected to be difficult to do within a period of 5
(five) years.
(4) Concerning Temporary Capital Participation, the Bank
shall also be subject to Bank Indonesia regulations
governing the prudential principle in capital participation
and the applicable fatwa issued by the National Sharia
Board of the Indonesia Ulema Council.
Part Five
Interbank Placement
Article 25
The Bank shall have written policies and procedures regarding
Earning Assets in the form of Interbank Placement, provided
that:
a. the policy on the placement shall be approved by the
Board of Commissioners;
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b. the procedure for placement shall be approved at least by
the Board of Directors;
c. the Board of Commissioners shall actively supervise the
implementation of policy on placement, and
d. placement policy and procedure are the integral part of
the Bank's risk management policy as stipulated in Bank
Indonesia regulations.
Article 26
(1) The quality of Earning Assets in the form of Interbank
Placement shall be classified as follows:
a. Current, if:
- the bank that receives placement has CAR at least
equal to the one prescribed by the applicable
regulations, and
- Interbank Placement meets the following
conditions:
i. there are no arrears in the payment of
principal for a qardh contract;
ii. it may be withdrawn at any time for demand
deposits and savings based on a wadiah
contract;
iii. there are no arrears in the payment of
investment and/or for profit sharing for
savings or time deposits based on a
mudharabah contract;
iv. there are no arrears in the payment of
principal of investment and/or the ratio of
PBH to RBH is greater than or equal to 80%
(eighty percent) for Mudharabah Financing
and Musyarakah Financing; or
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v. there are no arrears in the payment of
principal and/or margin for Murabahah
Financing.
b. Sub-standard, if:
- the bank that receives placement has the CAR at
least equal to the one prescribed by the applicable
regulations, and
- Interbank Placement meets the following
conditions:
i. there are arrears in the payment of principal
for up to 5 (five) business days for a qardh
contract;
ii. it may not be withdrawn for up to 5 (five)
business days for demand deposits and
savings based on a wadiah contract;
iii. there are arrears in the payment of investment
and/or profit sharing for up to 5 (five) business
days for savings or time deposits based on a
mudharabah contract;
iv. there are arrears in the payment of principal of
investment for up to 5 (five) business days
and/or the ratio of RBH to PBH is more than
30% (thirty percent) but less than 80% (eighty
percent), or the ratio of RBH to PBH is less
than 30% (thirty percent) for up to 3 (three)
payment periods for Mudharabah Financing
and Musyarakah Financing, or
v. there are arrears of payment of principal
and/or margin for up to 5 (five) business days
for Murabahah Financing.
BANK INDONESIA Unofficial Translation
- the bank that receives placement has lower CAR
than the one prescribed by the applicable
regulations; and
- the bank that receives placement has been placed
under special supervision, suspension of all
business activities has been imposed on the
bank, or its business license has been revoked;
and / or
- Interbank Placement meets the following
conditions:
i. there are arrears in the payment of principal
for more than 5 (five) business days for a
qardh contract;
ii. it may not be withdrawn for more than 5
(five) business days for demand deposits and
savings based on a wadiah contract;
iii. there are arrears in the payment of
investment and/or profit sharing for more
than 5 (five) business days for savings or
time deposits based on a mudharabah
contract
iv. there are arrears in the payment of principal
of investment for more than 5 (five) business
days and/or the ratio of RBH to PBH is equal
to or less than 30% (thirty percent) for more
than 3 (three) payment periods for
Mudharabah Financing and Musyarakah
Financing, or
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v. there are arrears in the payment of principal
and/or margin for more than 5 (five)
business days for Murabahah Financing.
(2) The quality of Earning Assets in the form of Placement
with Other Banks in the form of Financing to a BPRS in
the context of Linkage Program using the executing
pattern shall be classified as follows:
a. Current, if:
- the BPRS that receives placement has CAR at
least equal to the one prescribed by the
applicable regulations, and
- Interbank Placement with the BPRS meets the
following conditions:
i. there are no arrears in the payment of
principal for a qardh contract;
ii. it may be withdrawn at any time for savings
based on a wadiah contract;
iii. there are no arrears in the payment of
investment and / or profit sharing for
savings or time deposits based on the
mudharabah contract;
iv. there are no arrears in the payment of
principal of investment and/or the ratio of
the RBH to PBH is more than or equal to
80% (eighty percent) for Mudharabah
Financing and Musyarakah Financing, or
v. there are no arrears in the payment of
principal and/or margin for Murabahah
Financing.
b. Sub-standard, if:
BANK INDONESIA Unofficial Translation
- the BPRS that receives placement has lower CAR
than the one prescribed by the applicable
regulations, and
- placement with the BPRS meets the following
conditions:
i. there are arrears in payment of principal for
up to 30 (thirty) days for a qardh contract:
ii. it may not be withdrawn for up to 30 (thirty)
days for savings based on a wadiah
contract;
iii. there are arrears in payment of investment
and / or profit sharing for up to 30 (thirty)
days for savings or time deposits based on a
mudharabah contract;
iv. there are arrears in the payment of principal
of investment for up to 30 (thirty) days and /
or the ratio of RBH to PBH is more than 30%
(thirty percent) but less than 80% (eighty
percent), or the ratio of the RBH to PBH is
equal or more less than 30% (thirty percent)
for up to 3 (three) payment periods for
Mudharabah Financing and Musyarakah
Financing, or
v. there are arrears in the payment of principal
and/or margin for up to 30 (thirty) days for
Murabahah Financing.
c. Loss, if:
- the BPRS that receives placement has CAR lower
than the one prescribed by the applicable
regulations, and
BANK INDONESIA Unofficial Translation
- the BPRS that receives placement has been
placed under special supervision, suspension of
all business activities has been imposed on the
bank, or its business license has been revoked;
and/or
- placement with the BPRS meets the following
conditions:
i. There are arrears in the payment of principal
of more than 30 (thirty) business days for a
qardh contract;
ii. it may not be withdrawn for more than 30
(thirty) business days for savings based on a
wadiah contract;
iii. there are arrears in the payment of
investment and/or profit sharing for more
than 30 (thirty) business days for savings or
time deposits based on a mudharabah
contract;
iv. there are arrears in the payment of principal
of investment for more than 30 (thirty)
business days and/or the ratio of PBH to
RBH is equal to or less than 30% (thirty
percent) for more than 3 (three) payment
periods for Mudharabah Financing and
Musyarakah Financing; or
v. there are arrears in the payment of principal
and/or margin for more than 30 (thirty)
business days for Murabahah Financing.
Article 27
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The quality of acceptance receivables shall be classified as
follows:
a. in accordance with the quality of Earning Assets in the
form of Interbank Placement as referred to in Article 26 in
the event that the party that is required to settle the
receivables is another bank, or
b. in accordance with the quality of Earning Assets in the
form of Financing as referred to in Article 8 in the event
that the party that is required to settle the receivables is a
customer.
Part Six
Off Balance Sheet Transactions
Article 28
The quality of Earning Assets in the form of Off Balance
Transaction shall be classified as follows:
a. in accordance with the quality of Earning Assets in the
form of Interbank Placement as referred to in Article 26 in
the event that the opposite party to the Off Balance Sheet
Transaction is another bank, or
b. in accordance with the quality of Earning Assets in the
form of Financing as referred to in Article 8 in the event
that the opposite party in the Off Balance Sheet
Transaction is a customer.
Article 29
(1) The quality of Earning Assets in the form of Off Balance
Sheet Transaction as referred to in Article 28 shall not
apply to contingent liabilities and commitments which:
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a. may be unconditionally canceled at any time by the
Bank, or
b. are canceled automatically by the bank in the event
the customer's condition is downgraded to
Substandard, Doubtful, or Loss.
(2) The Bank which has contingent liabilities and
commitments as referred to in paragraph (1) shall include
the provisions as referred to in paragraph (1) letter a or
letter b into the agreement between the Bank and the
customer.
CHAPTER IV
NON EARNING ASSETS
Part One
General
Article 30
The Bank shall assess the quality of non-earning assets on a
monthly basis.
Part Two
Foreclosed Collateral
Article 31
The Bank shall have written policies and procedures for NonEarning Assets in the form of Foreclosed Collateral.
Article 32
(1) The Bank may repossess collateral for the settlement of
Financing.
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(2) The repossession of collateral as referred to in paragraph
(1) may only be executed against the customer of
Financing which is classified as Loss.
Article 33
(1) The Bank shall assess the Foreclosed Collateral at the
time of the repossession of collateral at its net realizable
value.
(2) The net realizable value as referred to in paragraph (1)
shall be determined by an Independent Appraiser, for a
Foreclosed Collateral which has the value of
Rp5,000,000,000.00 (five billion rupiah) or more.
(3) The maximum net realizable value shall be the amount of
Financing which is settled by the Foreclosed Collateral.
Article 34
(1) The Bank that repossess the collateral as referred to in
Article 32 shall realize the Foreclosed Collateral not later
than 1 (one) year from the date of repossession.
(2) The Bank shall document the realization of the
Foreclosed Collateral as referred to in paragraph (1).
Article 35
The quality of Non-Earning Assets in the form of Foreclosed
Collateral shall be classified as follows:
a. Current, in the event the Foreclosed Collateral is owned
for up to 1 (one) year; or
b. Loss, in the event the Foreclosed Collateral is owned for
more than 1 (one) year.
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Part Three
Abandoned Property
Article 36
(1) The Bank shall conduct the identification and
classification of the Abandoned Property it owns.
(2) The determination of the Abandoned Property as referred
to in paragraph (1) shall be approved by the Board of
Directors and documented.
(3) In the event that the major portion of the property is used
for Bank's ordinary business activities, the remaining
portion that is not used shall not be classified as the
Abandoned Property.
(4) In the event that a small portion of the property is used
for the Bank's ordinary business activities, the remaining
portion that is not used shall be classified as the
Abandoned Property.
Article 37
(1) The Bank shall make efforts to settle the Abandoned
Property it owns.
(2) The Bank shall document the settlement of the
Abandoned Property as referred to in paragraph (1).
Article 38
(1) The quality of Non-Earning Assets in the form of
Abandoned Property shall be classified as follows:
a. Current, if the Abandoned Property is owned for up
to 1 (one) year;
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b. Sub-standard, if the Abandoned Property is owned
for 1 (one) year to 3 (three) years;
c. Doubtful, if the Abandoned Property is owned for 3
(three) years to 5 (five) years, or
d. Loss, if the Abandoned Property is owned for more
than 5 (five) years.
(2) The quality of the Abandoned Property that has not been
settled as referred to in Article 37 shall be determined to
be one level below the one prescribed in the provision as
referred to in paragraph (1).
Part Four
Inter-office Accounts and Suspense Accounts
Article 39
(1) The Bank shall make efforts to settle the Inter-office
Accounts and the Suspense Accounts.
(2) The quality of Earning Assets in the form of Inter-office
Account and Suspense Account shall be classified as
follows:
a. Current, if the Inter-office Accounts and the
Suspense Accounts are recorded in the books of the
Bank for up to 6 (six) months, or
b. Loss, if the Inter-office Accounts and the Suspense
Accounts are recorded in the books of the Bank for
more than 6 (six) months.
CHAPTER V
ALLOWANCE FOR ASSET LOSSES
Part One
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General
Article 40
(1) The Bank shall establish Allowance for asset losses on
Earning Assets and Non-Earning Assets.
(2) The Allowance for Asset Losses as referred to in
paragraph (1) shall be in the form of:
a. general and special reserves for Earning Assets, and
b. a special reserve for Non-Earning Assets.
(3) The Allowance for Asset Losses as referred to in
paragraph (1) shall be established at least as stipulated
in this Bank Indonesia Regulation.
Part Two
Procedure for Establishment
Article 41
(1) The establishment of a general reserve for Allowance for
Asset Losses as referred to in Article 40 paragraph (2)
letter shall be determined to be at least 1% (one percent)
of all of Earning Assets which are classified as Substandard.
(2) The establishment of a general reserve for Allowance for
Asset Losses as referred to in paragraph (1) shall not
apply to Earning Assets in the form of SBIS, Islamic
Securities issued by the Government of Indonesia, and
portion of Earning Assets guaranteed by the guarantee of
the Government of Indonesia, or cash collateral as
referred to in Article 43 letters a and b.
(3) The establishment of a special reserve for Allowance for
Asset Losses as referred to in Article 40 paragraph (2)
shall be determined to be at least:
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a. 5% (five percent) of the Earning Assets which are
classified as Special Mention after deducting the
value of the collateral;
b. 15% (fifteen percent) of the Earning Assets and NonEarning Assets which are be classified as
Substandard after deducting the value of the
collateral;
c. 50% (fifty percent) of the Earning Assets and NonEarning Assets which are classified as Doubtful after
deducting the value of the collateral, or
d. 100% (one hundred percent) of the Earning Assets
and Non-Earning Assets which are classified as Loss
after deducting the value of the collateral.
(4) The obligation to establish a special reserve for Allowance
for Asset Losses as referred to in paragraph (1) and
paragraph (3) shall not apply to Earning Assets in the
form of Ijarah Financing or Ijarah Muntahiya Bittamlik
Financing.
(5) The Bank shall establish depreciation or amortization of
Earning Assets in the form of:
a. Ijarah Financing in accordance with the Bank’s
policy on depreciation or amortization for similar
assets; and/or
b. Ijarah Muntahiya Bittamlik Financing in accordance
with the lease term.
(6) The use of the value of collateral as deduction in the
calculation of Allowance for Asset Losses as referred to in
paragraph (3) shall only be applicable to Earning Assets.
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Article 42
The establishment of Allowance for Asset Losses for Earning
Assets in the form of Financing shall be as follows:
a. Murabahah Financing, Istishna' Financing, and
multiservice Financing shall be calculated based on the
basic cost;
b. Salam Financing shall be calculated based on the
acquisition cost; and
c. Mudharabah Financing, Musyarakah Financing and
Qardh Financing shall be calculated based on the
outstanding balance.
Part Three
Collateral Valuation
Article 43
The value of collateral which is calculated as a reduction in the
establishment of Allowance for Asset Losses shall be
determined as follows:
a. for collateral in the form of guarantee from the
Government of Indonesia in accordance with the
applicable laws and regulations legislation, it is 100%
(one hundred percent) of the value of the secured object;
b. for cash collateral in the form of demand deposits,
savings, time deposits, deposit of collateral and / or gold
which are blocked and accompanied by a power of
attorney for withdrawal, it is a maximum of 100% (one
hundred percent);
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c. for collateral in the form of securities and/or receivables
which are issued by the Government of Indonesia, it is a
maximum of 100% (one hundred percent);
d. for collateral in the form of Islamic Securities which are
actively traded in the stock exchange in Indonesia or have
an investment grade and pledged, it is a maximum of
50% (fifty percent) of the value listed in the stock
exchange at the end of the month;
e. for collateral in the form of land and/or buildings used
for residential purposes based on deed of mortgage, it is a
maximum of:
- 70% (seventy percent) of the fair value if:
a) the valuation by an Independent Appraiser is
performed in the past 18 (eighteen) months, or
b) the valuation by an internal appraiser is
performed in the past 12 (twelve) months;
- 50% (fifty percent) of the fair value if:
a) the valuation by an Independent Appraiser is
performed between the past 18 (eighteen) months
and 24 (twenty four) months, or
b) the valuation by an internal appraiser is
performed between the past 12 (twelve) months
and 18 (eighteen) months;
- 30% (thirty percent) of the fair value if:
a) the valuation by an Independent Appraiser is
performed between the past 24 (twenty four)
months and 30 (thirty) months, or
b) the valuation by an internal appraiser is
performed between the past 18 (eighteen) months
and 24 (twenty four) months;
- 0% (zero percent) of the fair value if:
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a) the valuation by an Independent Appraiser is
performed more than thirty (30) months ago, or
b) the valuation by an internal appraiser is
performed more than 24 (twenty four) months ago;
f. for collateral in the form of land and/or buildings for
residential purposes and a place for machinery that are
considered as an inseparable part of the land which is
made collateral based on deed of mortgage; aircrafts and
marine vessels measuring over 20 (twenty) cubic meters
based on a hypothec; motor vehicles and supplies based
on a fiduciary contract, as well as warehouse receipts
based on security rights over warehouse receipts, for a
maximum of:
- 70% (seventy percent) of the fair value if the valuation
is performed within the past 12 (twelve) months;
- 50% (fifty percent) of the fair value if the valuation is
performed between the past 12 (twelve) months and
18 (eighteen) months;
- 30% (thirty percent) of the fair value if the valuation
is performed between the past 18 (eighteen) months
and 24 (twenty four) months; or
- 0% (zero percent) of the fair value if the valuation is
performed more than 24 (twenty four) months ago.
Article 44
(1) The value of the collateral which is calculated as
deduction in the establishment of Allowance for Asset
Losses shall not exceed the value of the collateral
agreement.
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(2) The value of the collateral which is calculated as
deduction in the establishment of Allowance for Asset
Losses shall be the lowest value of the calculation as
referred to in Article 43 and the value of the collateral
agreement.
Article 45
(1) The valuation of collateral shall be performed by an
Independent Appraiser for Financing in the amount of
more than Rp5,000,000,000.00 (five billion rupiah) which
is provided to customers or groups of customers.
(2) The valuation of collateral may be performed by the
Bank’s internal appraiser for Financing with a maximum
amount of Rp5,000,000,000.00 (five billion rupiah) which
is provided to customers or groups of customers.
(3) In the event that the valuation of collateral for Financing
in the amount of more than Rp5,000,000,000.00 (five
billion rupiahs) is not performed by an Independent
Appraiser as referred to in paragraph (1), the result of the
valuation of collateral shall not be considered as
deduction in the calculation of Allowance for Asset
Losses.
(4) The Bank shall use the lowest value in the event there
are a number of values from the Independent Appraiser
(KJPP) or the internal appraiser.
Article 46
(1) Bank Indonesia shall be authorized to conduct
recalculation of the value of collateral which has been
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deducted in the calculation of Allowance for Asset Losses,
such as if:
a. the collateral is not supported with a relevant
document and supported by a collateral agreement
made not in compliance with the applicable laws and
regulations;
b. the valuation is not performed in accordance with the
provisions of Article 43, Article 44, and Article 45, or
c. the insurance agreement that protects the collateral
does not include banker's clause which grants the
Bank the right to recover the insurance coverage in
the event of the payment of claims.
(2) The insurance company which provides protection to the
collateral as referred to in paragraph (1) letter c:
a. shall meet the capital requirements as established by
the competent institution, and
b. shall not be a party related with the Bank or a group
of borrowers and the Bank’s customer, unless the
collateral is reinsured to an insurance company that
is not a party related with the Bank or a group of
borrowers and the Bank’s customer.
(3) The Bank shall adjust the calculation of Allowance for
Asset Losses in accordance with the calculation
determined by Bank Indonesia as referred to in
paragraph (1) in reports submitted to Bank Indonesia
and/or a publication report as set forth in Bank
Indonesia regulations, not later than the next reporting
period upon the notice from Bank Indonesia.
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CHAPTER VI
CONDITIONAL WRITE-OFF AND ABSOLUTE WRITE-OFF
Article 47
(1) The Bank shall have written policy and procedures for
conditional write-off (hapus buku) and absolute write-off
(hapus tagih) of Financing, which include the following:
a. the policy on conditional write-off and absolute
write-off shall be approved by the Board of
Commissioners;
b. the procedures for conditional write-off and absolute
write-off shall be approved at least by the Board of
Directors;
c. the Board of Commissioners shall actively supervise
the implementation of the policy on conditional
write-off and absolute write-off, and
d. the policy and procedures for conditional write-off
and absolute write-off shall constitute an integral
part of the Bank's risk management policy as
stipulated in the applicable Bank Indonesia
regulations.
(2) Conditional write-off and absolute write-off may only be
performed on Earning Assets in the form of Financing
which is classified as Loss.
(3) Conditional write-off shall not be performed partially on
the part of Earning Assets in the form of Financing
(partial write-off).
(4) Absolute write-off may be performed either on the part or
the whole of all Earning Assets in the form of Financing.
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Article 48
(1) Conditional write-off and absolute write-off as referred to
in Article 47 may only be performed after the Bank make
its best efforts to settle the Assets which are classified as
Loss.
(2) The Bank shall administer documents about the efforts
as referred to in paragraph (1) and the grounds for
considerations of the implementation of conditional writeoff and absolute write-off.
(3) The Bank shall administer the data and information in
the form of Funding Earning Assets that have been
conditionally written off and / or permanently written off.
CHAPTER VII
SANCTIONS
Article 49
(1) The Bank that does not apply the provisions of Article 2,
Article 4, paragraph (1), Article 4 paragraph (3), Article 5
paragraph (1), Article 5 paragraph (3), Article 6, Article 7,
paragraph (1), Article 11 paragraph (1), Article 11
paragraph (2), Article 11 paragraph (3), Article 12
paragraph (5), Article 13 paragraph (2), Article 13
paragraph (3), Article 13 paragraph (4), Article 16, Article
19 paragraph (1), Article 23, Article 24 paragraph (4),
Article 25 , Article 30, Article 31, Article 32 paragraph (2),
Article 33 paragraph (1), Article 33 paragraph (2), Article
34, Article 36 paragraph (1), Article 36 paragraph (2),
Article 37, Article 39 paragraph (1), Article 40 paragraph
(1), Article 41 paragraph (5), Article 44 paragraph (1),
Article 45 paragraph (1), Article 45 paragraph (4), Article
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46 paragraph (3), Article 47 paragraph (1), Article 47
paragraph (2), and/or Article 48 shall be subject to
administrative sanctions of as referred to in Article 58
paragraph (1) of Act No. 21 of 2008 concerning Islamic
Banking.
(2) In addition to the sanctions as referred to in paragraph
(1), any Bank which violates Article 19 shall establish the
Allowance for Loan Losses on Assets as much as 100%
(one hundred percent) of the relevant assets.
CHAPTER VIII
TRANSITIONAL PROVISION
Article 50
The classification by quality and the establishment of
Allowance for Asset Losses on Non-Earning Assets in the form
of Foreclosed Collateral owned by the Bank prior to the coming
into force of this Bank Indonesia Regulation shall be
conducted in accordance with Bank Indonesia Regulation No.
8/21/PBI/2006 concerning Asset Quality Rating of
Commercial Banks which Conduct Business Based on the
Principles of Sharia as amended by Bank Indonesia Regulation
Number 10/24/PBI/2008.
CHAPTER IX
CLOSING PROVISION
Article 51
Further provisions of Bank Indonesia Regulation shall be set
out in Circular Letter of Bank Indonesia.
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Article 52
At the time of this Bank Indonesia Regulation comes into force:
a. Bank Indonesia Regulation Number 8/21/PBI/2006
concerning Asset Quality Rating for Commercial Banks
which Conduct Business Based on the Principles of
Sharia;
b. Bank Indonesia Regulation Number 9/9/PBI/2007
concerning the Amendment to Bank Indonesia Regulation
Number 8/21/PBI/2006 concerning Asset Quality Rating
for Commercial Banks which Conduct Business Based on
the Principles of Sharia; and
c. Bank Indonesia Regulation Number 10/24/PBI/2008
concerning the Second Amendment to Bank Indonesia
Regulation No. 8/21/PBI/2006 concerning Asset Quality
Rating for Commercial Banks which Conduct Business
Based on the Principles of Sharia
shall be revoked and no longer valid.
Article 53
The implementing provisions of Bank Indonesia Regulation
Number 8/21/PBI/2006 concerning Asset Quality Rating for
Commercial Banks which Conduct Business Based on the
Principles of Sharia as last amended by Bank Indonesia
Regulation Number 10/24/PBI/2008 shall remain applicable
provided that the provisions do not contravene this Bank
Indonesia Regulation.
Article 54
This Bank Indonesia Regulation shall come into force on the
date of enactment.
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For the public to be informed, it is ordered that this Bank
Indonesia Regulation be promulgated in The State Gazette of
The Republic of Indonesia.
Enacted in Jakarta
Dated : March 24, 2011
GOVERNOR OF BANK INDONESIA,
DARMIN NASUTION
Promulgated in Jakarta
Dated 24 March 2011
THE MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIS AKBAR
STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 40 OF
2011
DPbS
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ELUCIDATION
TO
BANK INDONESIA REGULATION
NUMBER: 13/13 / PBI/2011
CONCERNING
ASSET QUALITY RATING
FOR COMMERCIAL BANKS ISLAMIC SHARIA AND BUSINESS UNIT
I. GENERAL REVIEW
In facing the increasing competitive business, Banks should be
able to make investment that can yield optimal profits while
continue to observe the prudential banking principles and the
principles of Sharia. The development of Islamic banking industry
needs to be supported by policies and regulations that provide
opportunities for Banks to offer Islamic banking products and
services that are increasingly suitable to the characteristics of the
customer's business activities they finance. In order to anticipate
the risk of loss that may arise in investment, Banks are required to
establish allowance for loan losses based on the result of the
assessment of asset quality they conduct.
With the enactment of Act Number 21 of 2008 concerning
Islamic Banking, Act Number 19 of 2008 concerning State Islamic
Securities and amendments to other relevant provisions and in
order to support the development of Islamic banking industry, it is
necessary revise some restrictions and criteria for asset quality
assessment and the establishment of allowance for loan losses for
any provision of funds.
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II. ARTICLE BY ARTICLE
Article 1
Self-explanatory.
Article 2
Paragraph (1)
The term "prudential principle in investment and/or
provision of funds" is the investment and/or provision of
funds made based on, among other things:
- business feasibility analysis which takes into account
at least 5Cs (Character, Capital, Capacity, Condition
of economy, and Collateral) and/or
- the assessment of the business prospects,
performance, and the ability to pay.
Paragraph (2)
The term "rate" is to evaluate the condition of the
customer and/or feasibility of the business to be financed.
The term "monitoring" is overseeing the development of
the customer’s business performance.
The phrase "take anticipatory measures" means taking
action and preventing the possibility of failure in the
investment of funds.
Article 3
Self-explanatory.
Article 4
Paragraph (1)
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Self-explanatory.
Paragraph (2)
The assessment of asset quality which is determined by
Bank Indonesia, among other things, based on evaluation
or supervision of the Bank.
Paragraph (3)
The terms “notice” includes a notice by Bank Indonesia to
the Bank in the exit meeting.
Article 5
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Example:
Bank A grants Mudharabah Financing and Murabahah
Financing to customer X. The results of the assessment
conducted by Bank A show that the Earning Assets has
the following quality:
a. Special Mention, for Mudharabah Financing, and
b. Sub-standard, for Murabahah Financing.
Since the financing is used to fund one (1) customer, the
quality of the Earning Assets classified by Bank A to
customer X is the lower one, i.e. Sub-standard.
Paragraph (4)
Since the assessment factors for the classification of
quality of Earning Assets in the form of Financing are
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different from the assessment factors for the classification
of Earning Assets in the form of Islamic Securities, the
quality of both types of Earning Assets may be different
even though it is for the same customer.
Article 6
Self-explanatory.
Article 7
Paragraph (1)
The term "complete documents" means documents of
investment which at least include the application,
analysis, decision, and monitoring of investment and any
changes in them.
Paragraph (2)
Self-explanatory.
Article 8
Self-explanatory.
Article 9
Paragraph (1)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
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Self-explanatory.
Letter d
Self-explanatory.
Letter e
The term "customer" means a customer that has to
carry out environmental management in accordance
with the laws and regulations.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Article 10
Self-explanatory.
Article 11
Paragraph (1)
The obligation to audit the financial statements is to
ensure that the financial statements are accurate and
reliable, since the financial condition of the customer is
one of the criteria in the classification of the quality of
Earning Assets in the form of Financing.
Paragraph (2)
Self-explanatory.
Paragraph (3)
The phrase "laws and regulations" include Government
Regulation Number 24 of 1998 concerning the Company's
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Annual Financial Statements, as amended by Government
Regulation No. 64 of 1999.
Paragraph (4)
Self-explanatory.
Article 12
Paragraph (1)
Self-explanatory.
Paragraph (2)
The phrase "accumulation during the current period of
Financing" means the total sum of RBH or PBH since the
beginning of Financing up to the position in the month in
which the assessment is conducted.
Example:
Mudharabah Financing was granted in March 2011, for a
term of 1 (one) year. The accumulated PBH in June 2011
was conducted by computing the total of PBH of March
2011, PBH of April 2011, PBH of May 2011 and PBH of
June 2011.
Paragraph (3)
PBH is not always determined based on a monthly period.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
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Article 13
Paragraph (1)
Whether the payment of installment of principal is
necessary to be decided regularly is determined depending
on the characteristics of the customer's business which is
financed.
Paragraph (2)
“Measures to reduce risks” include the evaluation of the
customer’s business performance at least once in 1 (one)
year.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Article 14
Paragraph (1)
Letter a
The phrase "other forms of provision of fund" means
the issuance of guarantee and/or the opening of
Letter of Credit (L/C).
Letter b
The adequacy of risk control system refers to Bank
Indonesia provisions on risk management for Banks.
The evaluation of level of soundness refers to Bank
Indonesia provisions on the level of soundness of the
Bank.
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Paragraph (2)
Self-explanatory.
Paragraph (3)
Letter a
Self-explanatory.
Letter b
For an Islamic Business Unit, "50 (fifty) largest
customers" means 50 (fifty) largest customers of an
Islamic Business Unit, not including the customers of
its parent bank.
Paragraph (4)
Self-explanatory.
Article 15
Self-explanatory.
Article 16
Self-explanatory.
Article 17
Paragraph (1)
Self-explanatory.
Paragraph (2)
The phrase "may be traded provided that in accordance
with the Principles of Sharia" means a contract which is
used as the basis for the issuance of Islamic Sharia may
be traded by referring to the fatwa of the National Sharia
Board of the Indonesia Ulema Council.
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Article 18
Paragraph (1)
The phrase "Islamic Securities” recognized based on the
market value" means securities which are available for
sale and Islamic Securities in the portfolio for trading.
Letter a
The phrase "actively traded in the stock exchange"
means there is a significant volume of arm’s length
transactions in the stock exchange in Indonesia in
the last 10 (ten) business days.
Letter b
Transparent information about the market value
should be able to be obtained from the common
media publications for stock exchange transactions.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Paragraph (2)
The phrase " Islamic Securities” recognized based on the
acquisition cost" means securities which are held to
maturity.
The term “investment grade and rating agencies” means
the grade and rating agencies recognized by Bank
Indonesia in accordance with the applicable provisions on
rating agencies and grades.
Paragraph (3)
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Self-explanatory.
Article 19
Paragraph (1)
Islamic Securities which are connected or guaranteed by
underlying reference assets in the form of shares may only
be owned for the purpose of Capital Participation or
Temporary Capital Participation and upon approval of
Bank Indonesia as referred to in the applicable Bank
Indonesia provisions.
Paragraph (2)
Letter a
The existence of assets is believed if the assets in
question are kept such as in a custodian bank,
Indonesian Central Securities Depository (KSEI), or
Bank Indonesia.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Article 20
Paragraph (1)
The payment of obligation of Islamic Securities is
considered directly related to the underlying assets (pass
through) if the payment of principal and margin/profit
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sharing/fee of Islamic Securities is solely derived from the
payment of principal and margin/ profit sharing/fee of the
underlying assets.
Paragraph (2)
Letter a
The classification of quality of Earning Assets in the
form of Islamic Securities in the form of mutual fund
certificate pursuant to the provisions on the
assessment of quality of Earning Assets in the form of
Islamic Securities is conducted on mutual fund
certificate as a product and on each kind of the
assets underlying the relevant mutual fund
certificate.
Letter b
The assessment of quality of the underlying assets of
a mutual fund certificate and quality of the issuer of
mutual fund certificate focuses on:
- The performance, liquidity and reputation of the
issuer and other relevant parties such as
insurance company, and
- The diversified portfolio owned by the issuer
which takes into account the risk and the
prudential principle.
Article 21
Letter a
Number 1)
Self-explanatory.
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Number 2)
The term "Other Banks" means the issuing bank or
the bank which gives endorsement.
Letter b
Islamic Securities which based on their characteristics are
not actively traded in the stock exchange in Indonesia and
do not have a grade include export draft.
The term "Other Banks" means the issuing bank or the
bank which gives endorsement.
Article 22
Self-explanatory.
Article 23
Paragraph (1)
The term "cumulative losses" means the losses of a
company after deduction of profits and losses of the
previous years.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Article 24
Paragraph (1)
Self-explanatory.
Paragraph (2)
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The term "cumulative profits" means profits after
deduction of losses from the previous years.
Paragraph (3)
Sales which are lower than the book value and difficulty in
sales within a period of 5 (five) years are partly due to
weak financial conditions, corporate management, market
conditions or lack of demand for the company's shares.
Paragraph (4)
Self-explanatory.
Article 25
Self-explanatory.
Article 26
Paragraph (1)
Letter a
Number 1)
The term "CAR" is Capital Adequacy Ratio
determined by Bank Indonesia for banks in
Indonesia or by the competent authorities for
banks overseas in accordance with applicable
regulations.
Number 2)
Self-explanatory.
Letter b
Self-explanatory.
Letter c
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Self-explanatory.
Paragraph (2)
"Linkage Program" is collaboration between the Bank and
a BPRS in channeling Financing to MSMEs. Linkage
Program with executing pattern is Financing granted by
the Bank to the BPRS to be loaned to the Micro and Small
Enterprises and the risks are borne by a BPRS.
Article 27
The term "acceptance receivables" means receivables arising as
a result of acceptance of usance draft.
Article 28
Self-explanatory.
Article 29
Self-explanatory.
Article 30
Self-explanatory.
Article 31
The phrase "written policies and procedures" include the
mechanism of repossession of Foreclosed Collateral and
requirements of Foreclosed Collateral.
Article 32
Self-explanatory.
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Article 33
Paragraph (1)
The term "net realizable value" means the estimated
market price less the estimated costs of repossession of
the Foreclosed Collateral.
Paragraph (2)
Self-explanatory.
Paragraph (3)
At the time of the repossession of the Foreclosed
Collateral, the Bank records as follows:
- if the net realizable value is greater than the value of
Financing (the customer’s debt), the Bank records the
value of the Foreclosed Collateral at the same value as
the value of Financing and the surplus is recorded off
balance sheet by the Bank because it is the right of the
customer, or
- If the net realizable value is lower than the Financing
(the customer’s debt), the Bank records the value of the
Foreclosed Collateral at the same value as the value of
net realizable value and the deficit is recorded as the
customer’s liability in the books of the Bank.
Article 34
Paragraph (1)
The arrangement means that the Bank shall immediately
sell the Foreclosed Collateral within a maximum period of
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1 (one) year in accordance with Act Number 21 of 2008
concerning Islamic Banking and shall not keep the
collateral for a longer period than that.
In the event of the proceeds from the selling of Foreclosed
Collateral are larger than the customer’s debt the surplus
becomes the customer’s right. In the event that the
proceeds from the selling of Foreclosed Collateral are
smaller than the customer’s debt the deficit remains the
customer’s liability. If the Bank is unable to collect the
customer's liability, the Bank may record it as the Bank’s
loss.
Paragraph (2)
Documentation includes evidence such as data and
information about marketing and sales of the Foreclosed
Collateral.
Article 35
Self-explanatory.
Article 36
Paragraph (1)
The term "Abandoned Property" means fixed assets held
by the Bank in the form of land and/or buildings that are
not used for the Bank's general business activities.
The term of abandoned property does not include:
- the property which is categorized as the Bank’s asset in
Ijarah Financing in accordance the applicable fatwa
and provisions;
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- the property used to support the business activities of
the Bank, all held within a reasonable number, such
company house and educational facilities, or
- other properties that have been determined to be used
for Bank's operations in the near future, such as land
and buildings on that land that is being prepared for a
Bank’s office.
Paragraph (2)
Self-explanatory.
Paragraph (3)
For example:
A property in the form of a building has 10 (ten) floor. The
1st floor to 6th floor are used for common business
activities. The 7th floor through 10th floor are not classified
as the Abandoned Property even if they are not used.
Paragraph (4)
For example:
A property in the form of a building of 1,000 square
meters. An area of 200 square meters is used for common
business activities. The remaining area of 800 square
meters is classified as the Abandoned Property.
Article 37
Paragraph (1)
The phrase "efforts to settle" include the marketing and
selling of the Abandoned Property.
Paragraph (2)
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The documentation includes evidence such as data and
information on marketing and selling of the Abandoned
Property.
Article 38
Self-explanatory.
Article 39
Paragraph (1)
The settlement efforts are required in order that all Bank
transactions are recognized and recorded based on the
characteristics of the transactions and to reduce the
possibility of fraud transactions that may result in losses
for the Bank.
Paragraph (2)
Inter-office Account which is assessed is the Inter-office
Account item on the assets side without any set-off done
to the Inter-office Account on the liabilities side,
considering that there is no certainty whether the opposite
party to the transaction is the same party or office.
Article 40
Paragraph (1)
The establishment of Allowance for Asset Losses on NonEarning Assets shall be intended to encourage the Bank
to make efforts to settle and to anticipate potential losses.
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Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Article 41
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Depreciation or amortization for Ijarah Financing or Ijarah
Muntahiya Bittamlik Financing shall refer to the applicable
financial accounting standards for Islamic banks.
Depreciation or amortization policy shall be consistent
and reflect the expected pattern of consumption of future
economic benefits of the ijarah object.
Paragraph (6)
Self-explanatory.
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Article 42
The term "Multiservice Financing" means the Financing from
the Bank to customers in order to obtain the benefits of a
service.
Article 43
Letter a
The term "Government of Indonesia" means the central
government.
Letter b
The term "demand deposits, savings, and time deposits"
means demand deposits, savings and time deposits with
the conventional commercial banks.
Letter c
Self-explanatory.
Letter d
Investment grade is based on the grade in the past year
which is recognized by Bank Indonesia in accordance with
the applicable provisions on the rating agencies and the
grade. If the grade issued by the rating agencies in the
past year is not available, the securities are considered to
have no grade.
Letter e
Binding of collateral under deed of mortgage shall comply
with the provisions and procedures in the laws and
regulations, including but not limited to in terms of
registration, so that the Bank has the right of preference
to the relevant collateral.
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The term "fair value" refers to the applicable financial
accounting standards.
Letter f
The placement of deed of mortgage over the land and
machinery on the land shall be clearly stated in the Deed
of the Granting of deed of mortgage.
A collateral contract with a hypothec shall be in
accordance with the provisions and procedures in the
laws and regulations, including but not limited to in terms
of registration, so that the Bank has the right of
preference to the relevant collateral.
A collateral contract with a fiduciary shall be in
accordance with the provisions and procedures in the
laws and regulations, including but not limited to in terms
of registration, so that the Bank has the right of
preference to the relevant collateral.
The term "warehouse receipt" means a warehouse receipt
as referred to in Act Number 9 of 2006 concerning The
Warehouse Receipt System and other laws and
regulations. The security right over a warehouse receipt is
the security right over the warehouse receipt for the
repayment of debt, which make the party receiving the
security right to be prioritized over other creditors.
The fair value of the warehouse receipt is the value
determined by the competent agency or authorities in
accordance with the laws and regulations that apply to
the warehouse receipt.
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Article 44
The value of the collateral may change depending on latest
valuation, among other things, due to changes in the market
value, Sales Value of Tax Object (NJOP), and the physical
changes of the collateral.
Article 45
Paragraph (1)
The ceiling for all facilities granted to customers or
groups of customers shall be determined to be
Rp5,000,000,000.00 (five billion rupiah).
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Article 45
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
The term “notice” includes a notice given by Bank
Indonesia to then Bank to in the exit meeting.
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Article 47
Paragraph (1)
The term “conditional write-off" means the administrative
action of the Bank to remove the provision of funds or
receivables classified as Loss from on balance sheet into
off balance sheet at the amount of the customer’s liability
without prejudice to the right of the Bank to collect it from
the customer.
The term "absolute write-off" means the act of the Bank to
completely and permanently delete the customer’s liability
that cannot be settled from off balance sheet (the right to
collect is removed)
The policy and procedures for conditional write-off and
absolute write-off include the requirements, limits, powers
and responsibilities and procedures for conditional writeoff and absolute write-off.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (3)
Conditional write-off is performed all Financing which is
granted provided and bound by an agreement.
Paragraph (4)
The absolute write-off on part of the Earning Assets in the
form of Financing may only be done in the context of
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restructuring of Financing or of the settlement of
Financing.
Article 48
Paragraph (1)
Some efforts which may be made include collection from
the customers, restructuring of financing, demand for
payment from the party that provides guarantee for the
relevant Earning Assets and the settlement of Financing
through the repossession of collateral.
` Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Article 49
Self-explanatory.
Article 50
Self-explanatory.
Article 51
Self-explanatory.
Article 52
Self-explanatory.
Article 53
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Self-explanatory.
Article 54
Self-explanatory.
SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF
INDONESIA NUMBER 5205
DPbS