2022-10-28 | POJK 19 Tahun 2022Added
The Financial Services Authority (OJK) establishes special treatment for financial service institutions (banks, capital market participants, and non-bank financial institutions) operating in specific regions or sectors in Indonesia affected by disasters. Banks may apply asset quality determinations based on payment timeliness and restructure credit or financing as 'stimulus policy' loans for debtors impacted by disasters, with specific provisions for institutions with loans up to IDR 10 billion. The regulation repeals previous OJK and Bank Indonesia regulations regarding post-disaster banking treatments and maintains the validity of existing OJK decisions until their expiration.
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COPY
FINANCIAL SERVICES AUTHORITY REGULATION
OF THE REPUBLIC OF INDONESIA
NUMBER 19 OF 2022
CONCERNING
SPECIAL TREATMENT FOR FINANCIAL SERVICE INSTITUTIONS IN SPECIFIC REGIONS AND SECTORS IN INDONESIA AFFECTED BY DISASTERS BY THE GRACE OF GOD THE MOST HIGH, THE COMMISSIONERS COUNCIL OF THE FINANCIAL SERVICES AUTHORITY, Considering:
a. that disasters that have struck various regions in Indonesia several times, caused by natural or non-natural conditions, generally cause significant loss impacts on economic growth in specific regions and sectors in Indonesia affected by disasters; b. that one of the efforts to support the recovery of economic conditions is carried out by providing special treatment for financial service institutions in specific regions and sectors in Indonesia affected by disasters;
c. that the special treatment for financial service institutions in specific regions and sectors in Indonesia affected by disasters is applied while still paying attention to the principle of prudence;
d. that based on the considerations as referred to in letters a, b, and c, it is necessary to establish a Financial Services Authority Regulation concerning Special Treatment for Financial Service Institutions in Specific Regions and Sectors in Indonesia Affected by Disasters; Recalling:
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined:
Article 2
(1) The OJK provides special treatment for FSIs and industry players to be applied to:
a. specific regions; and/or b. specific sectors, in Indonesia that are affected by disasters.
(2) Special treatment as referred to in paragraph (1) may be given to:
a. Banks; b. the capital market industry; and
c. NBFIS.
CHAPTER II
DETERMINATION OF SPECIFIC REGIONS AND/OR SECTORS IN INDONESIA AFFECTED BY DISASTERS AND THE DURATION OF SPECIAL TREATMENT
Article 3
The Financial Services Authority determines specific regions and/or sectors in Indonesia affected by Disasters and the duration of special treatment.
Article 4
The determination of specific regions and/or sectors affected by Disasters is carried out by the Financial Services Authority by paying attention to aspects:
a. the area of territory affected by the Disaster; b. the number of casualties;
c. the amount of material losses;
d. the number of debtors estimated to be affected by the Disaster; e. the percentage of the amount of credit or financing provided to debtors affected by the Disaster against the total amount of credit or financing in specific regions and/or sectors affected by the Disaster; f. the percentage of the amount of credit or financing with a ceiling up to IDR 10,000,000,000.00 (ten billion rupiah) against the total amount of credit or financing in specific regions and/or sectors affected by the Disaster; and/or g. other aspects that the Financial Services Authority deems necessary to consider.
CHAPTER III
SPECIAL TREATMENT FOR BANKS
First Section
General
Article 5
(1) Banks include CCBs, ISBs, SBUs, RBs, and SRBs.
(2) Banks may apply special treatment for debtors in specific regions and/or sectors in Indonesia affected by disasters.
(3) Special treatment for debtors in specific regions and/or sectors in Indonesia affected by disasters as referred to in paragraph (2) includes:
a. asset quality determination policies; and b. credit or financing restructuring policies.
(4) Banks in applying special treatment for debtors in specific regions and/or sectors in Indonesia affected by disasters as referred to in paragraph (2) still pay attention to the principle of prudence and the application of risk management in accordance with Financial Services Authority Regulations regarding the application of bank risk management.
Second Section
Asset Quality Determination
Article 6
(1) Asset quality determination consisting of:
a. credit in CCBs; b. financing in ISBs or SBUs; and/or
c. other fund provision in CCBs, ISBs, or SBUs,
for debtors in specific regions and/or sectors in Indonesia affected by disasters with a ceiling of at most IDR 10,000,000,000.00 (ten billion rupiah) may be based on the timeliness of principal and/or interest or margin/profit sharing/ujrah payments. (2) Asset quality determination as referred to in paragraph (1) is carried out in accordance with Financial Services Authority Regulations regarding asset quality assessment. (3) Ceiling:
a. credit in CCBs; b. financing in ISBs or SBUs; and/or
c. other fund provision in CCBs, ISBs, or SBUs,
as referred to in paragraph (1) applies to either 1 (one) debtor or 1 (one) same project.
Article 7
(1) Asset quality determination consisting of:
a. credit in RBs; and/or b. financing in SRBs, for debtors in specific regions and/or sectors in Indonesia affected by disasters with a ceiling of at most IDR 10,000,000,000.00 (ten billion rupiah) may be based on the timeliness of principal and/or interest or margin/profit sharing/ujrah payments. (2) Asset quality determination as referred to in paragraph (1) is carried out in accordance with Financial Services Authority Regulations regarding asset quality assessment. (3) Ceiling:
a. credit in RBs; and/or b. financing in SRBs, as referred to in paragraph (1) applies to either 1 (one) debtor or 1 (one) same project or business.
Third Section
Credit or Financing Restructuring
Article 8
(1) The quality of restructured credit or financing is determined as performing (lancar) since the restructuring is carried out.
(2) Restructuring of credit or financing as referred to in paragraph (1) may be carried out against credit or financing provided before or after the debtor is affected by the Disaster.
(3) Credit for RBs or financing for SRBs that are restructured are exempt from the application of accounting treatment for restructured credit or financing.
(4) Banks may adjust the credit or financing restructuring approval mechanism as referred to in paragraph (1) while still paying attention to the principle of prudence.
(5) Banks report credit or financing that is restructured as referred to in paragraph (1) in the financial information service system with a credit or financing characteristic code of "credit or financing restructured as part of stimulus policy".
Article 9
Provisions as referred to in Article 8 apply to credit or financing that meet the requirements:
a. provided to debtors in specific regions and/or sectors in Indonesia affected by disasters; and b. restructured after the debtor is affected by the Disaster.
Fourth Section
Provision of New Funds
Article 10
(1) Banks may provide new credit or financing and/or other new fund provisions to debtors in specific regions and/or sectors in Indonesia affected by disasters.
(2) The determination of the quality of new credit or financing and/or other new fund provisions as referred to in paragraph (1) is carried out separately from the quality of credit or financing and/or other fund provisions previously provided. (3) The determination of the quality of new credit or financing and/or other new fund provisions as referred to in paragraph (1):
a. for new credit or financing and/or other new fund provisions with a ceiling of at most IDR 10,000,000,000.00 (ten billion rupiah), the determination of the quality of credit or financing as referred to in Article 6 paragraph (1) or Article 7 paragraph (1); or b. for new credit or financing and/or other new fund provisions with a ceiling of more than IDR 10,000,000,000.00 (ten billion rupiah), the determination of the quality of credit or financing in accordance with Financial Services Authority Regulations regarding asset quality assessment.
CHAPTER IV
SPECIAL TREATMENT FOR THE CAPITAL MARKET INDUSTRY
Article 11
(1) The Financial Services Authority is authorized to determine policies in the Capital Market field aimed at reducing pressure, maintaining Capital Market stability, and providing relaxation to industry players in specific regions and/or sectors affected by Disasters. (2) Further provisions regarding the implementation of the Financial Services Authority's authority consisting of policies to reduce pressure and maintain Capital Market stability and the form of providing relaxation to industry players in specific regions and/or sectors affected by Disasters as referred to in paragraph (1) are determined by the Financial Services Authority.
CHAPTER V
SPECIAL TREATMENT FOR NBFIS
Article 12
(1) NBFIS includes:
a. financing institutions, consisting of:
CHAPTER VI
CLOSING PROVISIONS
Article 14
(1) At the time this Financial Services Authority Regulation comes into force, the provisions in:
a. Financial Services Authority Regulation Number 35/POJK.05/2015 concerning the Conduct of Venture Capital Business Activities (State Gazette of the Republic of Indonesia Year 2015 Number 317, Supplement to the State Gazette of the Republic of Indonesia Number 5787); b. Financial Services Authority Regulation Number 4/POJK.05/2018 concerning Secondary Housing Financing Companies (State Gazette of the Republic of Indonesia Year 2018 Number 40, Supplement to the State Gazette of the Republic of Indonesia Number 6192);
c. Financial Services Authority Regulation Number 33/POJK.03/2018 concerning Productive Asset Quality and Formation of Provisions for Productive Asset Write-offs for Rural Banks (State Gazette of the Republic of Indonesia Year 2018 Number 258, Supplement to the State Gazette of the Republic of Indonesia Number 6239);
d. Financial Services Authority Regulation Number 35/POJK.05/2018 concerning the Conduct of Financing Company Business Activities (State Gazette of the Republic of Indonesia Year 2018 Number 260, Supplement to the State Gazette of the Republic of Indonesia Number 6286); e. Financial Services Authority Regulation Number 10/POJK.05/2019 concerning the Conduct of Sharia Financing Company Business Activities and Sharia Business Units of Financing Companies (State Gazette of the Republic of Indonesia Year 2019 Number 40, Supplement to the State Gazette of the Republic of Indonesia Number 6320); f. Financial Services Authority Regulation Number 16/POJK.05/2019 concerning the Supervision of PT Permodalan Nasional Madani (Persero) (State Gazette of the Republic of Indonesia Year 2019 Number 107, Supplement to the State Gazette of the Republic of Indonesia Number 6357); g. Financial Services Authority Regulation Number 29/POJK.03/2019 concerning Productive Asset Quality and Formation of Provisions for Productive Asset Write-offs for Sharia Rural Banks (State Gazette of the Republic of Indonesia Year 2019 Number 228, Supplement to the State Gazette of the Republic of Indonesia Number 6424); h. Financial Services Authority Regulation Number 40/POJK.03/2019 concerning Asset Quality Assessment for Commercial Banks (State Gazette of the Republic of Indonesia Year 2019 Number 247, Supplement to the State Gazette of the Republic of Indonesia Number 6440);
i. Financial Services Authority Regulation Number 46/POJK.05/2020 concerning Infrastructure Financing Companies (State Gazette of the Republic of Indonesia Year 2020 Number 249; Supplement to the State Gazette of the Republic of Indonesia Number 6576);
j. Financial Services Authority Regulation Number 19/POJK.05/2021 concerning the Conduct of Micro Finance Institution Business Activities (State Gazette of the Republic of Indonesia Year 2021 Number 217, Supplement to the State Gazette of the Republic of Indonesia Number 6724); k. Financial Services Authority Regulation Number 2/POJK.03/2022 concerning Asset Quality Assessment for Sharia Commercial Banks and Sharia Business Units (State Gazette of the Republic of Indonesia Year 2022 Number 37, Supplement to the State Gazette of the Republic of Indonesia Number 6764);
l. Financial Services Authority Regulation Number 9/POJK.05/2022 concerning the Supervision of Indonesian Export Financing Institutions (State Gazette of the Republic of Indonesia Year 2022 Number 1/OJK, Supplement to the State Gazette of the Republic of Indonesia Number 1/OJK); and
m. Financial Services Authority Regulation Number 10/POJK.05/2022 concerning Technology-Based Co-Financing Services (State Gazette of the Republic of Indonesia Year 2022 Number 2/OJK, Supplement to the State Gazette of the Republic of Indonesia Number 2/OJK); are declared to still be in force insofar as they do not contradict the provisions in this Financial Services Authority Regulation. (2) At the time this Financial Services Authority Regulation comes into force:
a. Financial Services Authority Regulation Number 45/POJK.03/2017 concerning Special Treatment for Bank Credit or Financing for Specific Regions in Indonesia Affected by Natural Disasters (State Gazette of the Republic of Indonesia Year 2017 Number 151, Supplement to the State Gazette of the Republic of Indonesia Number 6094); and b. Bank Indonesia Regulation Number 10/39/PBI/2008 concerning Regulations for the Implementation of Special Handling of Banking Problems Post-National Disaster in the Province of Nanggroe Aceh Darussalam and Nias Islands, North Sumatra Province (State Gazette of the Republic of Indonesia Year 2008 Number 204, Supplement to the State Gazette of the Republic of Indonesia Number 4949), are repealed and declared invalid. (3) With the implementation of this Financial Services Authority Regulation, the Decision of the Financial Services Authority Commissioners Council regarding the determination of regions requiring special treatment for bank credit or financing or regulations for Banks that previously referred to the provisions as referred to in paragraph (2) letter a, remains in force until the expiration of the validity period of the aforementioned Financial Services Authority Commissioners Council Decision.
Article 15
This Financial Services Authority Regulation comes into force on the date of its promulgation.
This copy is in accordance with the original
Director of Law 1
Legal Department signed
Mufli Asmawidjaja
In order that everyone may know 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 October 27, 2022
CHAIRMAN OF THE COMMISSIONERS COUNCIL
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
MAHENDRA SIREGAR
Promulgated in Jakarta on October 28, 2022
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2022 NUMBER 22/OJK
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
OF THE REPUBLIC OF INDONESIA
NUMBER 19 OF 2022
CONCERNING
SPECIAL TREATMENT FOR FINANCIAL SERVICE INSTITUTIONS IN SPECIFIC REGIONS AND SECTORS IN INDONESIA AFFECTED BY DISASTERS
I. GENERAL
In recent years, Indonesia has been struck by Disasters caused by natural or non-natural conditions. Some Disasters caused by natural conditions occur because some regions in Indonesia are located in areas prone to potential Disasters. Furthermore, in its development, some Disasters can occur due to non-natural conditions such as some viruses that can attack humans or animals with very massive spread or for other reasons. Including Disasters caused by non-natural factors, namely Social Disasters which are Disasters caused by events or a series of events caused by humans which include social conflicts between groups or communities, and terrorism. In relation to this, it is necessary to regulate special treatment for FSIs in specific regions and/or sectors in Indonesia affected by Disasters in a Financial Services Authority Regulation.
II. ARTICLE BY ARTICLE
Article 1
It is clear enough.
Article 2
It is clear enough.
The Disaster referred to can cause significant loss impacts on economic growth in specific regions and/or sectors affected by the Disaster. The loss impact can be minimized immediately by providing special treatment for FSIs for specific regions and/or sectors in Indonesia affected by Disasters. The special treatment to be provided is one of the efforts to support the recovery of economic conditions. Special treatment for FSIs is applied while still paying attention to the principle of prudence to prevent misuse in its application (moral hazard).
Article 3
It is clear enough.
Article 4
It is clear enough.
Article 5
Paragraph (1)
It is clear enough.
Paragraph (2)
What is meant by "debtors in specific regions and/or sectors in Indonesia affected by Disasters" are debtors who experience difficulties in fulfilling obligations to the Bank because the debtor or the debtor's business is located in specific regions and/or sectors affected by the Disaster. Paragraph (3) It is clear enough. Paragraph (4) Financial Services Authority Regulations regarding the application of Bank risk management:
a. for CCBs, Financial Services Authority Regulations regarding the application of risk management for commercial banks; b. for ISBs and SBUs, Financial Services Authority Regulations regarding the application of risk management for Sharia commercial banks and Sharia business units;
c. for RBs, Financial Services Authority Regulations regarding the application of risk management for rural banks; and
d. for SRBs, Financial Services Authority Regulations regarding the application of risk management for Sharia rural banks.
One of the risk management that can be done by Banks is to have guidelines for determining debtors in specific regions and/or sectors in Indonesia affected by Disasters who are eligible for special treatment in accordance with this Financial Services Authority Regulation.
Article 6
Paragraph (1)
What is meant by "other fund provision" is the issuance of guarantees and opening letters of credit.
Paragraph (2)
Financial Services Authority Regulations regarding asset quality assessment:
a. for CCBs, Financial Services Authority Regulations regarding asset quality assessment for commercial banks; or b. for ISBs or SBUs, Financial Services Authority Regulations regarding asset quality assessment for Sharia commercial banks and Sharia business units. Paragraph (3) It is clear enough.
Article 7
Paragraph (1)
It is clear enough.
Paragraph (2)
Otoritas Jasa Keuangan Regulations regarding asset quality assessment:
a. for Rural Credit Banks (BPR), Otoritas Jasa Keuangan Regulations regarding productive asset quality and the formation of provisions for the write-off of productive assets of rural credit banks; or b. for Islamic Rural Credit Banks (BPRS), Otoritas Jasa Keuangan Regulations regarding productive asset quality and the formation of provisions for the write-off of productive assets of Islamic rural credit banks.
Paragraph (3)
Clearly sufficient.
Article 8
Paragraph (1)
Restructuring of credit or financing may be carried out against all credit or financing provided to debtors in specific regions and/or sectors in Indonesia affected by Disasters without ceiling limits.
Paragraph (2)
Examples of restructuring of credit or financing carried out against:
a. Credit or financing provided before the debtor was affected by the Disaster Debtor "D" has been given credit or financing since January 15, 2021. The Disaster occurred on July 17, 2022, and Debtor "D" was affected by the Disaster. When Debtor "D" is given restructuring after July 17, 2022, the quality of Debtor "D"'s credit or financing can be set as "performing" (lancar) since the restructuring was given. b. Credit or financing provided after the debtor was affected by the Disaster The Disaster occurred on July 17, 2022. Debtor "D" was affected by the disaster and was given credit or financing on December 20, 2022. When Debtor "D" is given restructuring in the future, the quality of Debtor "D"'s credit or financing can be set as "performing" (lancar) since the restructuring was given.
Implementation of restructuring:
a. credit for General Banks (BUK) is carried out in accordance with Otoritas Jasa Keuangan Regulations regarding the assessment of asset quality of general banks; b. financing for Islamic General Banks (BUS) and Sharia Business Units (UUS) is carried out in accordance with Otoritas Jasa Keuangan Regulations regarding the assessment of asset quality of Islamic general banks and Sharia business units;
c. credit for Rural Credit Banks (BPR) is carried out in accordance with Otoritas Jasa Keuangan Regulations regarding productive asset quality and the formation of provisions for the write-off of productive assets of rural credit banks; and
d. financing for Islamic Rural Credit Banks (BPRS) is carried out in accordance with Otoritas Jasa Keuangan Regulations regarding productive asset quality and the formation of provisions for the write-off of productive assets of Islamic rural credit banks.
Paragraph (3)
Accounting treatment for the restructuring of credit or financing is the accounting treatment for the restructuring of credit or financing in accordance with financial accounting standards and accounting guidelines for BPR or BPRS, including the recognition of losses arising from the restructuring of credit or financing.
Paragraph (4)
Examples of adjustments to the approval mechanism for restructured credit or financing include:
a. board members may give principle approval for credit or financing and debtors established according to criteria as regulated in this Otoritas Jasa Keuangan Regulation and delegate authority to officials at a certain level to give approval or decisions on the restructuring of such credit or financing; b. approval is still carried out by parties higher than the credit or financing decision-maker, but can be carried out collectively after establishing criteria for debtors eligible for restructuring based on this Otoritas Jasa Keuangan Regulation; or
c. other mechanisms in accordance with the technical conditions faced by the Bank, while still applying the principles of objectivity, independence, avoiding conflicts of interest, and fairness.
Paragraph (5)
Reporting in the financial information service system is carried out in accordance with Otoritas Jasa Keuangan Regulations regarding reporting and requests for debtor information through the financial information service system.
Article 9
Banks may set the quality as performing (lancar) for credit or financing that has been restructured after the debtor was affected by the Disaster.
Example:
The Disaster occurred in Region A on August 1, 2022. Bank "LHA" carried out restructuring of Debtor "C"'s credit after being affected by the Disaster on August 10, 2022, before the implementation of special treatment according to this Otoritas Jasa Keuangan Regulation. Subsequently, on September 10, 2022, Otoritas Jasa Keuangan established Region A as a region affected by the Disaster. Bank "LHA" can apply special treatment to Debtor "C"'s credit, namely being set as performing (lancar) since the bank's monthly report at the end of September 2022.
Article 10
Paragraph (1)
Clearly sufficient.
Paragraph (2)
Clearly sufficient.
Paragraph (3)
Letter a
Clearly sufficient.
Letter b
Otoritas Jasa Keuangan Regulations regarding asset quality assessment:
a. for General Banks (BUK), Otoritas Jasa Keuangan Regulations regarding the assessment of asset quality of general banks; b. for Islamic General Banks (BUS) and Sharia Business Units (UUS), Otoritas Jasa Keuangan Regulations regarding the assessment of asset quality of Islamic general banks and Sharia business units;
c. for Rural Credit Banks (BPR), Otoritas Jasa Keuangan Regulations regarding productive asset quality and the formation of provisions for the write-off of productive assets of rural credit banks; or
d. for Islamic Rural Credit Banks (BPRS), Otoritas Jasa Keuangan Regulations regarding productive asset quality and the formation of provisions for the write-off of productive assets of Islamic rural credit banks.
Article 11
Clearly sufficient.
Article 12
Clearly sufficient.
Article 13
Clearly sufficient.
Article 14
Clearly sufficient.
Article 15
Clearly sufficient.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 14/OJK ---
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Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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