2019-12-13 | 35/POJK.03/2019Added
This regulation mandates Sharia People's Financing Banks (BPRS) to prepare and publish annual reports and quarterly public financial statements, specifying required content, audit thresholds based on total assets, and submission deadlines to the Financial Services Authority. It establishes administrative sanctions, including fines and health rating downgrades, for non-compliance with reporting and publication obligations, while providing exemptions for force majeure events. The regulation repeals the previous Bank Indonesia regulation on this topic and applies to violations occurring up to specific dates in 2018 and 2019 under transitional provisions.
OJK published 7 documents in the last 30 days — get each new one by email the day it lands.
COPY
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 35 /POJK.03/2019
CONCERNING
TRANSPARENCY OF FINANCIAL CONDITIONS OF SHARIA PEOPLE'S FINANCING BANKS BY THE GRACE OF GOD THE ALMIGHTY THE COMMISSIONERS' COUNCIL OF THE FINANCIAL SERVICES AUTHORITY, Considering:
a. that in order to increase the transparency of the financial conditions of Sharia People's Financing Banks, Sharia People's Financing Banks must announce financial reports within the time and format determined by the Financial Services Authority; b. that the preparation of financial reports of Sharia People's Financing Banks is in accordance with the financial accounting standards for Sharia People's Financing Banks and the accounting guidelines for Sharia People's Financing Banks;
c. that in order to provide certainty in increasing the transparency of the financial conditions of Sharia People's Financing Banks, it is necessary to regulate the manner of publishing the financial conditions of Sharia People's Financing Banks and other information to the public in a complete, accurate, current, whole, and comparable manner;
d. that based on the considerations referred to in letters a, b, and c, it is necessary to establish a Financial Services Authority Regulation concerning the Transparency of Financial Conditions of Sharia People's Financing Banks;
Recalling:
DECIDING:
Establishing: FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING TRANSPARENCY OF FINANCIAL CONDITIONS OF SHARIA PEOPLE'S FINANCING BANKS.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
CHAPTER II
ANNUAL REPORTS AND PUBLIC FINANCIAL REPORTS
Article 2
BPRS is required to prepare and present financial reports in the format and scope as determined in this Financial Services Authority Regulation, consisting of:
a. Annual Report; and b. Public Financial Report.
Article 3
(1) The Annual Report as referred to in Article 2 letter a must contain at least:
a. Annual Financial Reports consisting of:
Article 4
(1) BPRS is required to submit the Annual Report as referred to in Article 2 letter a to the Financial Services Authority.
(2) The Annual Report as referred to in paragraph (1) must be submitted no later than April 30 after the end of the Fiscal Year.
(3) The Annual Report as referred to in paragraph (1) must be signed by at least 1 (one) member of the Board of Directors by clearly stating the name.
(4) In the event that all members of the Board of Directors are unable, the Annual Report as referred to in paragraph (1) must be signed by:
a. at least 1 (one) member of the Board of Commissioners; or b. the authorized official, based on the articles of association or GMS decision, by clearly stating the name and position.
Article 5
(1) BPRS having total assets of at least Rp10,000,000,000.00 (ten billion rupiah), the Annual Financial Report as referred to in Article 3 paragraph (1) letter a must be audited by a public accountant registered with the Financial Services Authority. (2) BPRS having total assets of less than Rp10,000,000,000.00 (ten billion rupiah), the Annual Financial Report as referred to in Article 3 paragraph (1) letter a must be accounted for by the Board of Directors to the GMS. (3) In the event that the Annual Financial Report of BPRS as referred to in paragraph (2) is audited by a public accountant registered with the Financial Services Authority, the Annual Financial Report submitted in the Annual Report is the audited Annual Financial Report. (4) In the event that the audit implementation by the public accountant as referred to in paragraph (3) exceeds the submission deadline for the Annual Report as referred to in Article 4 paragraph (2), in addition to submitting the Annual Report as referred to in paragraph (2), BPRS must submit the Annual Financial Report audited by the public accountant no later than 1 (one) month after receiving the audit results of the Annual Financial Report. (5) The Annual Financial Report as referred to in paragraph (1) and paragraph (2) must be prepared in accordance with the financial accounting standards for BPRS and the accounting guidelines for BPRS.
Article 6
In the event that the Annual Report submitted by BPRS contains:
a. Annual Financial Reports not audited by a public accountant registered with the Financial Services Authority as referred to in Article 5 paragraph (1); or b. Annual Financial Reports not yet accounted for by the Board of Directors to the GMS as referred to in Article 5 paragraph (2), BPRS is declared to have not submitted the Annual Report.
Article 7
(1) BPRS is required to announce the Public Financial Report for the end positions of March, June, September, and December in accordance with the format and manner determined by the Financial Services Authority. (2) The Public Financial Report for the end position of December is prepared based on the Annual Financial Report as referred to in Article 5. (3) The Public Financial Report as referred to in Article 2 letter b must cover at least:
a. financial reports consisting of:
Article 8
(1) BPRS is required to announce the Public Financial Report for the end positions of March, June, September, and December in a local daily newspaper, on the website, or by posting it in the BPRS office in a place easily readable by the public. (2) The announcement of the Public Financial Report as referred to in paragraph (1) must be done no later than:
a. the end of the following month after the end of the reporting month for the Public Financial Report end positions of March, June, and September; and b. the end of the fourth month after the end of the reporting month for the Public Financial Report end position of December.
Article 9
(1) In the event that BPRS announces the Public Financial Report by posting it in the BPRS office in a place easily readable by the public as referred to in Article 8 paragraph (1), the Public Financial Report must:
a. be posted in all BPRS offices; and b. be posted continuously until the next reporting period.
(2) BPRS that does not meet the provisions as referred to in paragraph (1) is declared to have not announced the Public Financial Report.
Article 10
In the event that BPRS announces the Public Financial Report on the website as referred to in Article 8 paragraph (1), BPRS is required to maintain the announcement of the Public Financial Report on the website for at least 1 (one) last Fiscal Year.
Article 11
In the event that the Public Financial Report for the end position of December announced by BPRS contains:
a. Annual Financial Reports forming the basis for the preparation of the Public Financial Report that have not been audited by a public accountant registered with the Financial Services Authority as referred to in Article 5 paragraph (1); or b. Annual Financial Reports forming the basis for the preparation of the Public Financial Report that have not yet been accounted for by the Board of Directors to the GMS as referred to in Article 5 paragraph (2), BPRS is declared to have not announced the Public Financial Report for the end position of December.
Article 12
(1) The Public Financial Report as referred to in Article 7 must be signed by at least 1 (one) member of the Board of Directors by clearly stating the name.
(2) In the event that all members of the Board of Directors are unable, the Public Financial Report must be signed by:
a. at least 1 (one) member of the Board of Commissioners; or b. the authorized official, based on the articles of association or GMS decision, by clearly stating the name and position. (3) For BPRS whose financial reports are audited by a public accountant, the Public Financial Report for the end position of December must state the name of the public accountant responsible for the audit (partner in charge) and the name of the public accounting firm that audited the Annual Financial Report.
Article 13
BPRS is required to submit proof of announcement of the Public Financial Report to the Financial Services Authority in the form of:
a. the newspaper page containing the Public Financial Report; b. a screen print of the Public Financial Report on the website and a screen print of the proof of upload time on the website; or
c. a photo of the Public Financial Report posted in the BPRS office in a place easily readable by the public,
no later than the 14th day after the end of the announcement deadline as referred to in Article 8 paragraph (2).
Article 14
BPRS is required to submit data and information in the Public Financial Report online as part of the monthly BPRS report in accordance with the provisions of the Financial Services Authority Regulation concerning reporting by rural credit banks and Sharia people's financing banks through the Financial Services Authority reporting system.
Article 15
If the deadline for obligations as referred to in Article 4 paragraph (2), Article 8 paragraph (2), and Article 13 falls on a holiday, the deadline for the obligation falls on the next working day.
Article 16
The implementation of Annual Reports and Public Financial Reports is contained in the Financial Services Authority Circular Letter.
Article 17
(1) BPRS violating the provisions as referred to in Article 2 and/or Article 5 paragraph (5) is subject to administrative sanctions in the form of written reprimands up to 2 (two) times with a grace period of 10 (ten) working days for each written reprimand. (2) In the event that BPRS has been subject to sanctions as referred to in paragraph (1) and does not correct or submit the report within a period of 10 (ten) working days after the last reprimand letter, BPRS is subject to administrative sanctions in the form of a fine of Rp5,000,000.00 (five million rupiah) and:
a. a downgrade of the BPRS health level in accordance with the Financial Services Authority Regulation concerning the health level assessment system for Sharia people's financing banks; and/or b. a prohibition as the main party of a financial service institution in accordance with the Financial Services Authority Regulation concerning the re-evaluation of main parties of financial service institutions.
Article 18
(1) BPRS violating the provisions in Article 4 paragraph (1) is subject to administrative sanctions in the form of:
a. a fine of Rp 50,000.00 (fifty thousand rupiah) per day of delay for BPRS submitting the Annual Report beyond the final submission deadline up to 1 (one) month after the final submission deadline; or b. a fine of Rp 3,000,000.00 (three million rupiah) for BPRS that has not submitted the Annual Report after 1 (one) month from the final submission deadline. (2) BPRS that has been subject to administrative sanctions in the form of a fine as referred to in paragraph (1) letter b remains required to submit the Annual Report before the next Fiscal Year. (3) In the event that BPRS does not implement the provisions as referred to in paragraph (2), BPRS is subject to administrative sanctions in the form of written reprimands and:
a. a downgrade of the BPRS health level in accordance with the Financial Services Authority Regulation concerning the health level assessment system for Sharia people's financing banks; and/or b. a prohibition as the main party of a financial service institution in accordance with the Financial Services Authority Regulation concerning the re-evaluation of main parties of financial service institutions.
Article 19
BPRS violating the provisions in Article 8 paragraph (2) is subject to administrative sanctions in the form of:
a. a fine of Rp 50,000.00 (fifty thousand rupiah) per day of delay for BPRS announcing the Public Financial Report beyond the final announcement deadline up to 1 (one) month after the final announcement deadline; or b. a fine of Rp 3,000,000.00 (three million rupiah) for BPRS that has not announced the Public Financial Report after 1 (one) month from the final announcement deadline.
Article 20
BPRS violating the provisions in Article 13 is subject to administrative sanctions in the form of:
a. a fine of Rp 50,000.00 (fifty thousand rupiah) per day of delay for BPRS submitting the proof of announcement of the Public Financial Report beyond the final submission deadline for the proof of announcement up to 1 (one) month after the final submission deadline for the proof of announcement; or b. a fine of Rp 3,000,000.00 (three million rupiah) for BPRS that has not submitted the proof of announcement after 1 (one) month from the final submission deadline for the proof of announcement.
Article 21
(1) BPRS violating the provisions as referred to in Article 4 paragraph (3), Article 4 paragraph (4), Article 7, Article 8 paragraph (1), Article 12 paragraph (1), and Article 12 paragraph (2) is subject to administrative sanctions in the form of written reprimands. (2) In the event that BPRS does not meet the written reprimands as referred to in paragraph (1), BPRS is subject to administrative sanctions in the form of:
a. a downgrade of the BPRS health level in accordance with the Financial Services Authority Regulation concerning the health level assessment system for Sharia people's financing banks; and/or b. a prohibition as the main party of a financial service institution in accordance with the Financial Services Authority Regulation concerning the re-evaluation of main parties of financial service institutions.
Article 22
BPRS violating the provisions in Article 10 is subject to sanctions in the form of written reprimands.
Article 23
BPRS violating the provisions in Article 14 is subject to administrative sanctions in accordance with the Financial Services Authority Regulation concerning reporting by rural credit banks and Sharia people's financing banks through the Financial Services Authority reporting system.
Article 24
BPRS that has been subject to sanctions as referred to in Article 17, Article 19 to Article 21 remains required to fulfill the provisions as referred to in this Financial Services Authority Regulation.
Article 25
The manner of imposing administrative sanctions in the form of fines is contained in the Financial Services Authority Circular Letter.
CHAPTER III
RESPONSIBILITY FOR FINANCIAL REPORTS
Article 26
The Annual Financial Reports and Public Financial Reports are fully the responsibility of the Board of Directors and Board of Commissioners of BPRS.
CHAPTER IV
FORCE MAJEURE
Article 27
(1) BPRS experiencing force majeure that impacts exceeding the deadline for submitting reports, announcing reports, and/or submitting proof of announcement is exempted from the obligations as referred to in Article 4 paragraph (2), Article 8 paragraph (2), and Article 13. (2) To obtain the exemption as referred to in paragraph (1), BPRS must submit a notification letter accompanied by an explanation of the cause of the force majeure experienced and accompanied by information from the authorized official of the relevant local government agency to the Financial Services Authority. (3) BPRS obtaining the exemption as referred to in paragraph (2) is required to submit reports, announce reports, and/or submit proof of announcement as referred to in Article 4 paragraph (2), Article 8 paragraph (2), and Article 13 after BPRS resumes normal operational activities. (4) The exemption as referred to in paragraph (2) is granted until the impact of the force majeure has been resolved based on the Financial Services Authority's consideration.
CHAPTER V
TRANSITIONAL PROVISIONS
Article 28
In the event of violations of the provisions:
a. Annual Reports up to Fiscal Year 2018; and b. Public Financial Reports up to the end position of September 2019, they are subject to sanctions based on Bank Indonesia Regulation Number 7/47/PBI/2005 concerning the Transparency of Financial Conditions of Sharia People's Financing Banks (State Gazette of the Republic of Indonesia Year 2005 Number 125, Supplement to the State Gazette of the Republic of Indonesia Number 5418).
Article 29
The provisions as referred to in Article 28 remain applicable if violations are discovered based on research and/or examination by the Financial Services Authority since this Financial Services Authority Regulation came into force until December 31, 2020.
Article 30
At the time this Financial Services Authority Regulation comes into force, the provisions in Article 22, Article 23, Article 24, and Article 27 of Bank Indonesia Regulation Number 7/47/PBI/2005 concerning the Transparency of Financial Conditions of Sharia People's Financing Banks (State Gazette of the Republic of Indonesia Year 2005 Number 125, Supplement to the State Gazette of the Republic of Indonesia Number 5418) are declared to remain applicable to violations in Annual Reports up to Fiscal Year 2018 and Public Financial Reports up to the end position of September 2019, discovered by the Financial Services Authority until December 31, 2020.
CHAPTER VI
CLOSING
Article 31
At the time this Financial Services Authority Regulation comes into force, Bank Indonesia Regulation Number 7/47/PBI/2005 concerning the Transparency of Financial Conditions of Sharia People's Financing Banks (State Gazette of the Republic of Indonesia Year 2005 Number 125, Supplement to the State Gazette of the Republic of Indonesia Number 5418) is repealed and declared invalid.
This copy is in accordance with the original
Director of Law 1
Law Department signed
Yuliana
Article 32
This Financial Services Authority Regulation comes into force on January 1, 2020.
To ensure that everyone knows it, order the promulgation of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia. Established in Jakarta on December 13, 2019 CHAIRMAN OF THE COMMISSIONERS' COUNCIL FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA, signed WIMBOH SANTOSO
Promulgated in Jakarta on December 18, 2019
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2019 NUMBER 241
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 35 /POJK.03/2019
CONCERNING
TRANSPARENCY OF FINANCIAL CONDITIONS OF SHARIA PEOPLE'S FINANCING BANKS
I. GENERAL
In accordance with Law Number 21 of 2008 concerning Sharia Banking, BPRS is required to submit to the Financial Services Authority and announce financial reports in the form of financial position reports (balance sheets), income statements, and explanations, as well as other periodic reports within the time and format determined by the Financial Services Authority. To protect public interests through the application of governance, one of the important aspects of which is the transparency of financial conditions to the public, the announced financial reports must be believed to be easily accessible by stakeholders to protect the interests of depositors, investors, and/or other users so as to increase public trust in the national banking sector. For financial reports to provide complete, accurate, current, whole, and comparable information, financial reports must be prepared in accordance with the financial accounting standards for BPRS and the accounting guidelines for BPRS.
II. ARTICLE BY ARTICLE
Article 1
This is clear enough.
Article 2
Annual Reports and Public Financial Publication Reports are prepared in the Indonesian language.
Article 3
This is clear enough.
Article 4
This is clear enough.
Article 5
Paragraph (1)
This is clear enough.
Paragraph (2)
Annual Financial Reports accounted for by the Board of Directors in the General Meeting of Shareholders (GMS) are evidenced by the submission of GMS minutes.
Paragraph (3)
This is clear enough.
Paragraph (4)
This is clear enough.
Paragraph (5)
This is clear enough.
Article 6
This is clear enough.
Article 7
Paragraph (1)
This is clear enough.
Paragraph (2)
This is clear enough.
Paragraph (3)
Letter a
This is clear enough.
Letter b
Number 1)
This is clear enough.
Number 2)
Letter a)
What is meant by “minimum capital provision obligation” is the capital ratio against risk-weighted assets.
Letter b)
What is meant by “productive asset quality” is the ratio of classified productive assets to total productive assets.
Letter c)
What is meant by “productive asset impairment provisions” is the ratio of formed productive asset impairment provisions to the required productive asset impairment provisions.
Letter d)
What is meant by “net non-performing financing” is the ratio of problematic financing after deducting productive asset impairment provisions to total financing.
Letter e)
What is meant by “return on asset” is the ratio of profit before tax to average total assets.
Letter f)
What is meant by “operating expenses against operating income” is the ratio of operating expenses including profit-sharing and bonuses to operating income.
Letter g)
What is meant by “financing to deposit ratio” is the ratio of financing to third-party funds.
Letter h)
What is meant by “cash ratio” is the ratio of liquid assets to current liabilities.
Letter c
This is clear enough.
Letter d
This is clear enough.
Letter e
This is clear enough.
Letter f
This is clear enough.
Paragraph (4)
This is clear enough.
Paragraph (5)
This is clear enough.
Paragraph (6)
This is clear enough.
Paragraph (7)
This is clear enough.
Article 8
Paragraph (1)
What is meant by “local daily newspaper” is a newspaper that has circulation in the area of the BPRS location.
What is meant by “website” is the BPRS website or the BPRS association website.
What is meant by “BPRS office” is the head office, branch offices, and cash offices.
Places that are easily readable by the public include announcement boards or the front wall of the BPRS office.
Paragraph (2)
This is clear enough.
Article 9
Paragraph (1)
Example:
Public Financial Reports as of the end of March 2020 are posted on the announcement board or front wall of the BPRS office until the announcement period for Public Financial Reports as of the end of June 2020.
Paragraph (2)
Example:
During the inspection in August 2020, if the BPRS does not post Public Financial Reports on the announcement board or in the BPRS office in a place easily readable by the public for the period ending in June 2020, then the BPRS will be subject to sanctions for failing to announce Public Financial Reports for the period ending in June 2020.
Article 10
This is clear enough.
Article 11
This is clear enough.
Article 12
This is clear enough.
Article 13
Example:
Public Financial Reports as of the end of September 2023 are announced no later than October 31, 2023.
Subsequently, the BPRS submits the newspaper page, screen print (print screen) of the Public Financial Report on the website and screen print (print screen) of the upload time proof on the website, or photos of the Public Financial Report posted in the BPRS office in a place easily readable by the public no later than November 14, 2023.
Article 14
This is clear enough.
Article 15
What is meant by “holiday” is national holidays and joint leave.
Article 16
This is clear enough.
Article 17
This is clear enough.
Article 18
This is clear enough.
Article 19
This is clear enough.
Article 20
This is clear enough.
Article 21
This is clear enough.
Article 22
This is clear enough.
Article 23
This is clear enough.
Article 24
This is clear enough.
Article 25
This is clear enough.
Article 26
This is clear enough.
Article 27
Paragraph (1)
Force majeure conditions include fires, mass riots, war, armed conflict, sabotage, and natural disasters such as earthquakes and floods, which are justified by officials of the competent agency in the local region.
Example:
A BPRS experiences a fire in April 2021 causing the BPRS to suffer infrastructure damage and lose data and/or information permanently, thereby unable to submit reports and/or announce reports for the period ending in December 2020 until the final deadline for submitting Annual Reports and announcing Public Financial Reports, is exempted from the obligation to submit reports and/or announce reports.
Paragraph (2)
This is clear enough.
Paragraph (3)
This is clear enough.
Paragraph (4)
This is clear enough.
Article 28
This is clear enough.
Article 29
This is clear enough.
Article 30
This is clear enough.
Article 31
This is clear enough.
Article 32
This is clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6436 ---
Read the rest free
Amended 1 time · last 2024-11-25
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
More like this from OJK
OJK published 7 documents in the last 30 days. We email you each new one the day it's published.