2023-02-10 | POJK 1 Tahun 2023Added
This regulation amends the supervision framework for Social Security Administration Bodies (BPJS) by defining internal audit unit requirements, expanding OJK's supervisory scope to include consumer protection and contribution collectibility, and mandating the appointment of independent examiners. It imposes strict reporting deadlines for financial, program management, and actuarial reports, while introducing administrative sanctions such as warnings and recommendations to the National Social Security Council or the President for non-compliance.
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FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
COPY
FINANCIAL SERVICES AUTHABILITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 1 OF 2023
CONCERNING
AMENDMENTS TO FINANCIAL SERVICES AUTHORITY
REGULATION NUMBER 5/POJK.05/2013 CONCERNING SUPERVISION OF SOCIAL SECURITY ADMINISTRATION BODIES BY THE FINANCIAL SERVICES AUTHORITY BY THE GRACE OF THE ALMIGHTY GOD THE BOARD OF COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering :
a. that in order to create a healthier Social Security Administration Body, protect stakeholders, and increase compliance with statutory regulations, it is necessary to strengthen the supervision of the Financial Services Authority over Social Security Administration Bodies; b. that in order to strengthen the supervision of the Financial Services Authority over Social Security Administration Bodies conducted through direct supervision and indirect supervision, it is necessary to make adjustments to the Financial Services Authority Regulation Number 5/POJK.05/2013 concerning Supervision of Social Security Administration Bodies by the Financial Services Authority;
c. that based on the considerations referred to in letters a and b, it is necessary to establish a Financial Services Authority Regulation concerning Amendments to Financial Services Authority Regulation Number 5/POJK.05/2013 concerning Supervision of Social Security Administration Bodies by the Financial Services Authority;
Recalling :
DECIDING:
Establishing: FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING AMENDMENTS TO FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 5/POJK.05/2013 CONCERNING SUPERVISION OF SOCIAL SECURITY ADMINISTRATION BODIES BY THE FINANCIAL SERVICES AUTHORITY.
Article I
Several provisions in the Financial Services Authority Regulation Number 5/POJK.05/2013 concerning Supervision of Social Security Administration Bodies by the Financial Services Authority (State Gazette of the Republic of Indonesia Year 2013 Number 258, Supplement to the State Gazette of the Republic of Indonesia Number 5487) are amended as follows:
The provisions of point 5, point 8, and point 9 of Article 1 are amended so that Article 1 reads as follows:
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
Financial Services Authority, hereinafter abbreviated as OJK, is the Financial Services Authority as referred to in Law Number 21 of 2011 concerning the Financial Services Authority.
National Social Security Council, hereinafter abbreviated as DJSN, is the National Social Security Council as referred to in Law Number 24 of 2011 concerning Social Security Administration Bodies.
Social Security Administration Body, hereinafter abbreviated as BPJS, is the Social Security Administration Body as referred to in Law Number 24 of 2011 concerning Social Security Administration Bodies, which consists of BPJS Kesehatan and BPJS Ketenagakerjaan.
BPJS Kesehatan is a public legal entity established to implement the health insurance program as referred to in Law Number 24 of 2011 concerning Social Security Administration Bodies.
BPJS Ketenagakerjaan is a public legal entity established to implement work accident insurance, old age security, pension insurance, death insurance, and loss of employment insurance.
Examination is a series of activities to search for, collect, process, and evaluate data and/or information and to assess and provide conclusions regarding the implementation of social security programs by BPJS.
Supervision is a process of evaluating BPJS with the aim that BPJS executes its functions well and successfully achieves the established goals.
Labor Social Security Fund is a trust fund owned by all participants of work accident insurance, old age security, pension insurance, death insurance, and loss of employment insurance, which is a collection of labor social security contributions including contribution assistance, results of the development of labor social security funds, assets of the labor social security program that are the rights of participants from state-owned enterprises implementing the labor social security program, and other legal sources in accordance with statutory regulations managed by BPJS Ketenagakerjaan for benefit payments to participants and operational financing of the social security program.
Health Social Security Fund is a trust fund owned by all health insurance participants, which is a collection of health insurance contributions including contribution assistance, results of the development of health social security funds, assets of the health social security program that are the rights of participants from state-owned enterprises implementing the health social security program, and other legal sources in accordance with statutory regulations managed by BPJS Kesehatan for benefit payments to participants and operational financing of the social security program.
Examiner is an OJK employee or a party appointed by OJK to conduct Examinations.
Participant is any person, including foreigners, who works for at least 6 (six) months in Indonesia and has paid contributions as referred to in Law Number 24 of 2011 concerning Social Security Administration Bodies.
The provisions of paragraph (1), paragraph (2) letters b, d, j, and l, paragraph (3), and paragraph (4) of Article 2 are amended, and Article 2 paragraph (2) letters e, f, g, h, and k are deleted, and the explanation of paragraph (2) letters a and c of Article 2 is amended, so that Article 2 reads as follows:
Article 2
(1) OJK conducts Supervision over BPJS.
(2) The scope of OJK's Supervision over BPJS as referred to in paragraph (1) includes:
a. financial health; b. implementation of good corporate governance;
c. investment management and performance;
d. implementation of risk management and internal controls; e. deleted; f. deleted; g. deleted; h. deleted;
i. consumer protection;
j. contribution collectibility; k. deleted; and
l. other aspects that are OJK's functions, duties, and authorities based on statutory regulations.
(3) Supervision over the aspects referred to in paragraph (2) is implemented in accordance with statutory regulations.
(4) In the event that statutory regulations as referred to in paragraph (3) do not yet regulate the aspects referred to in paragraph (2), Supervision is conducted by referring to standards, principles, and practices of healthy social security implementation.
Between Article 2 and Article 3, 1 (one) article is inserted, namely Article 2A, so that it reads as follows:
Article 2A
(1) BPJS is required to have an internal supervisory unit that is directly responsible to the President Director.
(2) The internal supervisory unit as referred to in paragraph (1) is led by the Head of the Internal Supervisory Unit.
(3) The Head of the Internal Supervisory Unit as referred to in paragraph (2) is required to possess:
a. adequate competence proven by holding certifications in Supervision or internal controls; and b. work experience of at least 3 (three) years in the field of Supervision or internal controls. (4) In carrying out its duties, the Head of the Internal Supervisory Unit is required to prepare an annual Supervision work plan. (5) The Head of the Internal Supervisory Unit is required to prepare a Supervision report on the implementation of the annual Supervision work plan as referred to in paragraph (4). (6) The Supervision report on the implementation of the annual Supervision work plan as referred to in paragraph (5) is prepared for the periods of June 30 and December 31.
The provision of Article 3 paragraph (2) is deleted so that it reads as follows:
Article 3
(1) OJK's Supervision over BPJS as referred to in Article 2 paragraph (1) consists of:
a. Direct Supervision; and b. Indirect Supervision.
(2) Deleted.
Between Article 3 and Article 4, 1 (one) article is inserted, namely Article 3A, so that it reads as follows:
Article 3A
To increase the effectiveness of Supervision conducted by OJK over BPJS as referred to in Article 3, OJK may coordinate with DJSN in conducting Supervision according to the scope of Supervision between OJK and DJSN.
Article 8 is deleted.
The provision of paragraph (2) of Article 10 is deleted, Article 10 paragraphs (4) and (5) are amended, and 1 (one) paragraph is added, namely paragraph (6), so that Article 10 reads as follows:
Article 10
(1) Examinations are conducted by Examiners based on an examination order letter issued by OJK.
(2) Deleted.
(3) Before conducting the Examination as referred to in paragraph (1), OJK sends an examination notification letter to BPJS as referred to in Article 5 paragraph (1) and to other related parties as referred to in Article 5 paragraph (2). (4) The examination notification letter as referred to in paragraph (3) contains at least the following information:
a. number and date of the examination order letter; b. name of the Examiner;
c. scope of the Examination;
d. purpose of the Examination; e. duration of the Examination; f. initial documents required for the Examination; and g. deadline for submitting initial documents to the Examiner. (5) OJK may send the examination notification letter on the same day as the implementation of the Examination if notification before the implementation of the Examination is suspected to:
a. complicate or hinder the Examination process; b. obscure the actual situation; and/or
c. hide or eliminate data, information, and/or reports required for the Examination.
(6) OJK may appoint other independent parties as Examiners to support the implementation of the Examination, with the appointment conducted based on a work order letter.
The provision of Article 11 is amended so that it reads as follows:
Article 11
(1) In the Examination process, the Examiner confirms with the BPJS Board of Directors and/or other related parties regarding findings in the Examination.
(2) Before the Examination ends, the Examiner discusses and/or confirms in advance with the BPJS Board of Directors and/or other related parties regarding findings in the Examination. (3) After the Examination ends, the Examiner holds a meeting with the BPJS Board of Directors and/or the leadership of other related parties regarding the results of the Examination and the follow-up of the Examination results. (4) The meeting results as referred to in paragraph (3) are documented in a minutes document containing the Examination results and recommendations or follow-up actions, signed by the Examiner and the BPJS Board of Directors. (5) In the event that the BPJS Board of Directors refuses to sign the minutes document as referred to in paragraph (4), the Examiner establishes the minutes document without the signature of the BPJS Board of Directors. (6) The Examination is implemented according to the Examination duration stated in the examination notification letter and may be extended as needed or based on the complexity of the Examination regarding BPJS.
The provisions of paragraph (2) and paragraph (4) of Article 12 are amended, and between paragraph (3) and paragraph (4), 1 (one) paragraph is inserted, namely paragraph (3A), so that Article 12 reads as follows:
Article 12
(1) After the Examination process ends, the Examiner prepares a report on the Examination results.
(2) OJK submits the Examination results report as referred to in paragraph (1) to the BPJS Board of Directors and Board of Supervisors.
(3) The Examination results report as referred to in paragraph (1) is confidential.
(3A) BPJS is required to maintain the confidentiality of the Examination results report as referred to in paragraph (3).
(4) The use of the Examination results report as referred to in paragraph (3) by parties outside BPJS must obtain prior approval from OJK, unless otherwise regulated by statutory regulations.
The provision of paragraph (1) of Article 13 is amended, and 2 (two) paragraphs are added, namely paragraph (5) and paragraph (6), so that Article 13 reads as follows:
Article 13
(1) The Examination results report as referred to in Article 12 paragraph (1) may contain follow-up steps to be taken by BPJS.
(2) In the event that there are follow-up steps to be taken by BPJS as referred to in paragraph (1), BPJS is required to implement those follow-up steps.
(3) BPJS is required to report the implementation of the follow-up steps as referred to in paragraph (2) to OJK within the duration specified in the Examination results report. (4) The obligation to report the implementation of follow-up steps as referred to in paragraph (3) ends when OJK assesses that BPJS has implemented the said follow-up steps. (5) OJK's assessment as referred to in paragraph (4) is communicated to BPJS via letter. (6) OJK monitors the implementation of BPJS follow-up actions as referred to in paragraph (1) as part of Supervision activities regarding BPJS.
The provision of Article 16 is amended so that it reads as follows:
Article 16
(1) BPJS is required to prepare financial reports as follows:
a. BPJS annual financial report for the period from January 1 to December 31; b. annual financial reports of the Health Social Security Fund and Labor Social Security Fund for each labor program for the period from January 1 to December 31;
c. BPJS semi-annual financial report for the period ending on June 30 and December 31;
d. semi-annual financial reports of the Health Social Security Fund and Labor Social Security Fund for each labor program for the period ending on June 30 and December 31; e. BPJS monthly financial report for the period ending on January 31, February 28 or 29, March 31, April 30, May 31, June 30, July 31, August 31, September 30, October 31, November 30, and December 31; and f. monthly financial reports of the Health Social Security Fund and Labor Social Security Fund for each labor program for the period ending on January 31, February 28 or 29, March 31, April 30, May 31, June 30, July 31, August 31, September 30, October 31, November 30, and December 31. (2) BPJS is required to prepare program management reports as follows:
a. annual program management reports for health insurance and each labor program for the period from January 1 to December 31; b. semi-annual program management reports for health insurance and each labor program for the period ending on June 30 and December 31; and
c. monthly program management reports for health insurance and each labor program for the period ending on January 31, February 28 or 29, March 31, April 30, May 31, June 30, July 31, August 31, September 30, October 31, November 30, and December 31.
(3) BPJS is required to prepare annual actuarial reports for the health insurance program and each labor program for the period from January 1 to December 31.
(4) The reports as referred to in paragraph (1) are prepared and presented based on applicable financial accounting standards.
(5) The reports as referred to in paragraph (1) letters a and b, and paragraph (2) letter a must be audited by a public accountant registered with OJK.
(6) The reports as referred to in paragraph (2) are prepared and presented based on statutory regulations.
(7) The annual actuarial report as referred to in paragraph (3) is a report describing the estimated ability of the Social Security Fund to meet its future liabilities. (8) The report as referred to in paragraph (3) must be signed by the BPJS actuary. (9) The annual actuarial report as referred to in paragraph (3) must be reviewed and assessed for presentation fairness by an independent actuary not affiliated with BPJS management at least 1 (one) time within 3 (three) years. (10) Further provisions regarding the form and structure of the reports as referred to in paragraph (1) letters e and f, paragraph (2) letter c, and paragraph (3) are established by OJK.
The provision of letter c paragraph (1) of Article 17 is amended, and paragraph (1) of Article 17 is added with 2 (two) letters, namely letter d and letter e, and Article 17 is added with 1 (one) paragraph, namely paragraph (3), so that Article 17 reads as follows:
Article 17
(1) BPJS is required to submit:
a. annual reports as referred to in Article 16 paragraph (1) letters a and b, Article 16 paragraph (2) letter a, and Article 16 paragraph (3) no later than June 30 of the following year; b. semi-annual reports as referred to in Article 16 paragraph (1) letters c, d, and Article 16 paragraph (2) letter b no later than 1 (one) month after the end of the relevant semester;
c. monthly reports as referred to in Article 16 paragraph (1) letters e and f, and Article 16 paragraph (2) letter c no later than 10 (ten) days after the end of the relevant month;
d. Reports on the review and assessment of presentation fairness as referred to in Article 16 paragraph (9) no later than 1 (one) month after the date of the said report; and e. Supervision reports as referred to in Article 2A paragraph (5), no later than 1 (one) month after the end of the relevant semester. (2) In the event that the submission deadline for reports as referred to in paragraph (1) is a holiday, the submission deadline is the first working day after the said deadline. (3) OJK has the authority to establish different report submission deadlines from the provisions as referred to in paragraph (1) for specific conditions.
The provisions of paragraph (1), paragraph (3), paragraph (4), and paragraph (5) of Article 18 are amended, so that Article 18 reads as follows:
Article 18
(1) In the event that BPJS violates the provisions as referred to in Article 2A paragraph (1), paragraph (3), paragraph (4), and paragraph (5), Article 9 paragraph (1) and paragraph (2), Article 12 paragraph (3A), Article 13 paragraph (2) and paragraph (3), Article 16 paragraph (1), paragraph (2), paragraph (3), paragraph (5), paragraph (8), and paragraph (9), and Article 17 paragraph (1), it is subject to administrative sanctions in the form of warning letters and/or providing recommendations to DJSN and/or the President. (2) Warning letters as referred to in paragraph (1) are issued at most 3 (three) times consecutively with a duration of at most 2 (two) months each. (3) In the event that OJK assesses that the type of violation committed cannot be resolved within the duration as referred to in paragraph (2), OJK may establish an additional duration of at most 6 (six) months. (4) OJK may provide recommendations to DJSN and/or the President in the event that BPJS fails to fulfill the obligation to follow up on the final warning letter. (5) Recommendations as referred to in paragraph (1) include:
a. review of health insurance contribution amounts and for each labor program; b. review of health insurance benefits and for each labor program;
c. review of BPJS investment policies;
d. review of investment policies for health social security funds and funds for each labor program; e. replacement of part or all of BPJS management; and/or f. other recommendations.
Article II
This Financial Services Authority Regulation comes into force on the date of enactment.
This copy is consistent with the original
Legal Director 1
Legal Department signed
Mufli Asmawidjaja
For the information of everyone, ordering the enactment of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia. Established in Jakarta on February 10, 2023 CHAIRMAN OF THE BOARD OF COMMISSIONERS FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA, signed MAHENDRA SIREGAR
Enacted in Jakarta on February 13, 2023
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2023 NUMBER 2/OJK
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 1 OF 2023
CONCERNING
AMENDMENTS TO FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 5/POJK.05/2013 CONCERNING SUPERVISION OF SOCIAL SECURITY ADMINISTRATION BODIES BY THE FINANCIAL SERVICES AUTHORITY
I. GENERAL
Financial Services Authority Regulation Number 5/POJK.05/2013 concerning Supervision of Social Security Administration Bodies by the Financial Services Authority is the legal basis for OJK in conducting Supervision over BPJS. The Supervision conducted by OJK consists of Direct Supervision and Indirect Supervision. This aims to know the factual conditions of BPJS. With the issuance of several regulations applicable in the non-bank financial industry sector and adjustments to statutory regulations in BPJS, the Financial Services Authority Regulation Number 5/POJK.05/2013 concerning Supervision of Social Security Administration Bodies by the Financial Services Authority needs to be perfected. In addition, regulations regarding the process of Direct Supervision and Indirect Supervision need to be aligned with the Examination process of financial service institutions currently. In relation to this, OJK establishes a Financial Services Authority Regulation concerning Amendments to Financial Services Authority Regulation Number 5/POJK.05/2013 concerning Supervision of Social Security Administration Bodies by the Financial Services Authority.
II. ARTICLE BY ARTICLE
Article I
Point 1
Article 1
Sufficiently clear.
Point 2
Article 2
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Letter a
Supervision of financial health includes, among other things, assessing the financial condition of BPJS from the aspects of liquidity, solvency, adequacy of reserves, asset-liability balance, and liabilities. The balance of assets and liabilities is intended, among other things, to ensure that in performing asset valuation and liability valuation, BPJS follows applicable regulations and best practices in the fields of accounting and actuarial science.
Letter b
Supervision of the application of good governance includes, among other things, ensuring that BPJS management evaluates the application of good corporate governance principles and the application of risk management, including systemic impact, quality assurance, and standard operating procedures. The application of good corporate governance principles includes ensuring, among other things, information openness to the public (public disclosure) in the form of, among other things, the publication of BPJS annual financial reports to the public.
Letter c
Supervision of investment management and performance includes, among other things, evaluating the placement and divestment of investments as well as the achievement of investment results by BPJS.
Letter d
Supervision of the application of risk management and internal controls is intended, among other things, to ensure that BPJS has and implements risk management and internal control guidelines in providing social security. The risk management system must at least cover the processes of risk identification, measurement, and assessment, as well as efforts to mitigate them. The application of good risk management and internal controls includes, among other things, the detection of fraud in BPJS operational activities.
Letter e
Deleted.
Letter f
Deleted.
Letter g
Deleted.
Letter h
Deleted.
Letter i
Supervision of consumer protection includes, among other things, evaluating the BPJS participant complaint resolution system in accordance with OJK Regulations regarding consumer and public protection in the financial services sector.
Letter j
Supervision of contribution collectibility includes, among other things, ensuring that BPJS has and implements a contribution payment monitoring system.
Letter k
Deleted.
Letter l
The term "other aspects that are functions, duties, and authorities of OJK based on applicable laws and regulations" includes, among other things, Supervision of monitoring systemic impact conducted, among other things, through assessing the systemic impact on the financial services industry regarding operational activities, investment activities, number of participants, agreements with other parties, and programs provided by BPJS.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
The term "standards, principles, and practices for the provision of healthy social security" includes, among other things, referring to international standards regarding the provision of social security that are commonly used.
Number 3
Article 2A
Sufficiently clear.
Number 4
Article 3
Sufficiently clear.
Number 5
Article 3A
Coordination with DJSN is conducted, among other things, in the form of coordination:
a. Supervision; b. exchange of data and/or information relevant to Supervision activities; and
c. formulation of regulations and policy formulation.
Number 6
Article 8
Deleted.
Number 7
Article 10
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Deleted.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
Sufficiently clear.
Paragraph (6)
The term "other parties" includes, among other things, public accountants, actuaries, independent appraisers, information technology consultants, and/or other parties who may be designated by OJK in supporting the implementation of Examinations of BPJS.
Number 8
Article 11
Paragraph (1)
Examiners conduct confirmations to BPJS and/or related third parties to request additional explanations regarding the Examiner's findings or to request additional evidence or facts regarding the aforementioned findings.
Paragraph (2)
Prior discussion and/or confirmation, or a pre-exit meeting, is conducted to ensure that the Examination results by the Examiner are in accordance with the evidence or facts and can be accepted by BPJS and/or related third parties. Prior discussion and/or confirmation, or a pre-exit meeting, is conducted between the Examiner team and BPJS and/or related third parties. The term "related third parties" refers to all parties having a connection with the conduct of BPJS business operations.
Paragraph (3)
Examiners conduct a meeting or exit meeting to present the Examination results along with evidence or facts, as well as recommendations or follow-up actions after the Direct Examination to the BPJS Board of Directors. In the meeting or exit meeting, there are no longer any differences of opinion between the Examiner and BPJS and related third parties.
Paragraph (4)
Examination results include, among other things, Examination findings and recommendations.
Paragraph (5)
Sufficiently clear.
Paragraph (6)
Depending on the needs and complexity of the Examination of BPJS, among other things, the documents examined are incomplete, so the Examiner requires more time to conduct the Examination of such documents.
Number 9
Article 12
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
The examination results report is intended as a development tool to improve BPJS performance. Therefore, the BPJS Board of Directors and Board of Supervisors are not permitted to disseminate data and/or information contained in the examination results report.
Paragraph (3A)
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Number 10
Article 13
Paragraph (1)
Sufficiently clear.
Paragraph (2)
The examination results report issued by OJK may contain obligations for BPJS to submit reports on the implementation of follow-up steps for the examination results to OJK.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
Sufficiently clear.
Paragraph (6)
Sufficiently clear.
Number 11
Article 16
Sufficiently clear.
Number 12
Article 17
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
The term "certain conditions" includes, among other things, bankruptcy conditions.
Number 13
Article 18
Sufficiently clear.
Article II
Sufficiently clear.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 28/OJK ---
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