2015-04-01 | 6/POJK.03/2015Added
The Financial Services Authority mandates Banks to prepare, announce, and submit Monthly, Quarterly, and Annual Publication Reports containing financial statements, performance information, and other required disclosures. Banks must publish these reports on their websites and in newspapers within strict deadlines, while also submitting them electronically to the Authority. The regulation specifies detailed content requirements for each report type, including consolidation rules for parent entities and subsidiaries, and imposes penalties for late or non-publication.
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COPY
PERATURAN OTORITAS JASA KEUANGAN
NUMBER 6/POJK.03/2015
ON
TRANSPARENCY AND PUBLICATION OF BANK REPORTS
BY THE GRACE OF GOD THE ALMIGHTY
THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY,
Considering:
a. that in order to create market discipline and in line with the development of international standards, efforts are needed to increase the transparency of the financial condition and performance of Banks through the publication of Bank reports to facilitate assessment by the public and market players; b. that efforts to increase transparency are carried out through the provision of timely, accurate, relevant, and adequate quantitative and qualitative information;
c. that the quantitative and qualitative information provided can facilitate information users in assessing the financial condition, performance, risk profile and risk management application, business activities of Banks, interest rate setting, and the financial condition of the Parent Entity, Subsidiary Entity, Sister Company, and Related Parties of the Bank;
d. that information disclosed to the public needs to consider factors of uniformity and competition among Banks; e. that based on the considerations referred to in letters a, b, c, and d, it is necessary to perfect regulations regarding transparency and publication of Bank reports by establishing a Financial Services Authority Regulation on Transparency and Publication of Bank Reports;
Recalling:
DECIDING:
To establish: A FINANCIAL SERVICES AUTHORITY REGULATION ON TRANSPARENCY AND PUBLICATION OF BANK REPORTS.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined:
Article 2
In the interest of transparency of the financial condition and performance of Banks, Banks are required to prepare, announce, and submit Publication Reports.
Article 3
(1) Publication Reports as referred to in Article 2 consist of:
a. Monthly Publication Report; b. Quarterly Publication Report;
c. Annual Publication Report; and
d. Other Publication Reports.
(2) The completeness and truthfulness of the content of Publication Reports as referred to in paragraph (1) are the responsibility of the Board of Directors and Board of Commissioners of the Bank.
Article 4
(1) The scope of information in Publication Reports as referred to in Article 3 includes:
a. Financial reports; b. Financial performance information; and
c. Other information.
(2) Publication Reports as referred to in paragraph (1) must be presented in Rupiah currency.
Article 5
(1) The method of presenting financial reports as referred to in Article 4 paragraph (1) letter a is:
a. Individual financial reports. b. Consolidated financial reports.
(2) Consolidated financial reports as referred to in paragraph (1) letter b must be prepared if the Bank owns and controls a Subsidiary Entity.
(3) The scope and procedures for consolidation are carried out in accordance with financial accounting standards.
(4) The Financial Services Authority has the authority to determine the scope of Subsidiary Entities whose financial reports must be consolidated with the Bank, in addition to those already established in financial accounting standards. (5) Bank participations that result in Control but are only temporary are excluded from the preparation of consolidated financial reports as referred to in paragraph (2). (6) The scope of financial reports for branch offices of Banks located outside the country is the combined financial reports of branch offices of Banks located outside the country and all financial reports from every office in Indonesia.
Article 6
Financial reports at the end of December announced on a quarterly and annual basis must be audited by a Public Accountant registered with the Financial Services Authority.
Article 7
Banks are required to include the Bank's Website address on printed Quarterly Publication Reports and Annual Publication Reports.
CHAPTER II
PUBLICATION REPORTS
First Section
Monthly Publication Reports
Article 8
Monthly Publication Reports as referred to in Article 3 paragraph (1) letter a include monthly financial reports consisting of:
a. Statement of Financial Position (Balance Sheet); b. Statement of Profit or Loss and Other Comprehensive Income; and
c. Statement of Commitments and Contingencies.
Article 9
Monthly Publication Reports including monthly financial reports as referred to in Article 8 are presented individually.
Article 10
(1) Banks are required to announce Monthly Publication Reports on the Bank's Website.
(2) The announcement of Monthly Publication Reports on the Bank's Website as referred to in paragraph (1) is carried out no later than the end of the following month after the end of the reporting month. (3) Banks are required to maintain the announcement of Monthly Publication Reports on the Bank's Website as referred to in paragraph (2) for at least the last 2 (two) Fiscal Years. (4) A Bank is deemed not to have announced Monthly Publication Reports on the Bank's Website if the Bank announces Monthly Publication Reports after the deadline for announcement as referred to in paragraph (2).
Article 11
(1) Banks are required to submit Monthly Publication Reports online through the Financial Services Authority's reporting system.
(2) In the event that the submission of reports as referred to in paragraph (1) cannot be carried out, Banks are required to submit Monthly Publication Reports online through the General Bank Headquarters Report System (LKPBU). (3) The submission of Monthly Publication Reports online through the LKPBU system as referred to in paragraph (2) is carried out in accordance with the procedures, formats, and timeframes in regulations regarding LKPBU.
Second Section
Quarterly Publication Reports
Article 12
(1) Quarterly Publication Reports as referred to in Article 3 paragraph (1) letter b are reports for the end of March, June, September, and December.
(2) Based on requests from the Financial Services Authority, Quarterly Publication Reports as referred to in paragraph (1) may be added with:
a. Publication Reports other than the periods as referred to in paragraph (1); and/or b. Other information determined by the Financial Services Authority.
Article 13
(1) Quarterly Publication Reports as referred to in Article 12 paragraph (1) include:
a. Financial reports; b. Financial performance information;
c. Information on shareholder composition and management structure, as well as the structure of the Sharia Supervisory Board for Sharia Commercial Banks; and
d. Other information determined by the Financial Services Authority.
(2) Financial reports as referred to in paragraph (1) letter a consist of:
a. Statement of Financial Position (Balance Sheet); b. Statement of Profit or Loss and Other Comprehensive Income; and
c. Statement of Commitments and Contingencies;
(3) Financial performance information as referred to in paragraph (1) letter b consists of:
a. Calculation of Minimum Capital Requirement (KPMM); b. Quantity and quality of productive assets and Impairment Loss Reserves (CKPN);
c. Bank financial ratios; and
d. Spot Transactions and Derivative Transactions.
(4) The quantity and quality of productive assets and CKPN as referred to in paragraph (3) letter b are grouped based on information:
a. Financial instruments; b. Provision of funds to Related Parties;
c. Credit or financing to debtors or Micro, Small, and Medium Enterprises (MSME) customers;
d. Credit or financing requiring special attention; and e. Asset Write-off Provisions (PPA) that must be formed based on financial instruments.
Article 14
(1) Sharia Commercial Banks and Conventional Commercial Banks having a Sharia Business Unit (UUS) are required to add financial performance information as referred to in Article 13 paragraph (3) with:
a. Profit Distribution Report; b. Zakat Fund Source and Disbursement Report;
c. Charity Fund Source and Usage Report; and
d. Restricted Investment Fund Change Report.
(2) Reports as referred to in paragraph (1) letters b, c, and d are submitted for Quarterly Publication Reports at the end of June and December.
Article 15
(1) Commercial Banks based on Business Activities (BUKU) 3 and BUKU 4 are required to add Quarterly Publication Reports as referred to in Article 13 with information regarding capital disclosure in accordance with the Composition of Capital Disclosure Requirements document issued by the Basel Committee on Banking Supervision. (2) Capital disclosure as referred to in paragraph (1) must at least include:
a. Capital Calculation Disclosure; b. Capital Reconciliation; and
c. Capital Component Disclosure.
Article 16
(1) Financial reports in Quarterly Publication Reports as referred to in Article 13 paragraph (1) letter a are presented in the form of:
a. Individual financial reports; and b. Consolidated financial reports.
(2) Financial reports in Quarterly Publication Reports as referred to in Article 13 paragraph (1) letter a must be presented at least in the form of comparison with the comparative reporting period in accordance with financial accounting standards.
Article 17
(1) Banks that are part of a business group are required to add Quarterly Publication Reports as referred to in Article 13 with:
a. Consolidated financial reports of the Parent Entity that include the financial reports of all entities in the business group in the financial sector; or b. Consolidated financial reports of the Parent Entity that include the financial reports of all entities in the business group in the financial and non-financial sectors. (2) Consolidated financial reports of the Parent Entity as referred to in paragraph (1) must at least consist of:
a. Statement of Financial Position (Balance Sheet); b. Statement of Profit or Loss and Other Comprehensive Income;
c. Statement of Changes in Equity; and
d. Statement of Commitments and Contingencies.
(3) Consolidated financial reports of the Parent Entity that must be presented are for the end of June and December.
(4) Consolidated financial reports of the Parent Entity for the end of December have been audited by a Public Accountant.
(5) In the event of a difference between the end of the Fiscal Year and the audit period for consolidated financial reports of the Parent Entity, the Bank may present consolidated financial reports of the Parent Entity at the end of December that have not been audited, by stating "Unaudited" on the report.
Article 18
(1) Banks are required to announce Quarterly Publication Reports as referred to in Article 13, Article 14, and Article 17 on:
a. at least 1 (one) daily printed newspaper in Indonesian with wide circulation in the place of the Bank's headquarters or in the place of the branch office of the Bank located outside the country; and b. The Bank's Website. (2) Banks are required to announce information as referred to in Article 15 on the Bank's Website. (3) The announcement of Quarterly Publication Reports in newspapers as referred to in paragraph (1) letter a must be signed by at least the President Director and 1 (one) member of the Board of Directors of the Bank. (4) In the event the President Director as referred to in paragraph (3) is unable, another Board of Directors member performing the function of President Director signs the Quarterly Publication Report. (5) Banks are required to maintain the announcement of Quarterly Publication Reports on the Bank's Website as referred to in paragraph (1) letter b and paragraph (2) for at least the last 5 (five) Fiscal Years. (6) Banks are required to include the name of the Public Accounting Firm that audited the annual financial reports along with the name of the Public Accountant responsible for the audit (partner in charge) along with the opinion provided in the announcement of Quarterly Publication Reports as referred to in paragraph (1) for the end of December.
Article 19
(1) The announcement of Quarterly Publication Reports as referred to in Article 18 paragraph (1) and paragraph (2) is carried out no later than:
a. The 15th day of the second month after the end of the reporting month, for reports at the end of March, June, and September; b. The end of March of the following year after the end of the reporting month, for reports at the end of December. (2) A Bank is deemed to have announced Quarterly Publication Reports in newspapers late as referred to in Article 18 paragraph (1) letter a if the Bank announces Quarterly Publication Reports in newspapers after the deadline for announcement as referred to in paragraph (1) up to no later than:
a. The end of the second month after the end of the reporting month, for reports at the end of March, June, and September; b. The 15th day of April of the following year after the end of the reporting month, for reports at the end of December. (3) A Bank is deemed not to have announced Quarterly Publication Reports in newspapers as referred to in Article 18 paragraph (1) letter a if Quarterly Publication Reports have not been announced in newspapers until the end of the late submission deadline as referred to in paragraph (2). (4) A Bank is deemed not to have announced Quarterly Publication Reports on the Bank's Website as referred to in Article 18 paragraph (1) letter b and paragraph (2) if the Bank announces Quarterly Publication Reports on the Bank's Website after the deadline for announcement as referred to in paragraph (1).
Article 20
(1) Banks are required to submit Quarterly Publication Reports online through the Financial Services Authority's reporting system.
(2) In the event that the submission of reports as referred to in paragraph (1) cannot be carried out, Banks are required to submit Quarterly Publication Reports online through the General Bank Headquarters Report System (LKPBU). (3) The submission of Quarterly Publication Reports online through the LKPBU system as referred to in paragraph (2) is carried out in accordance with the procedures, formats, and timeframes in regulations regarding LKPBU.
Article 21
(1) Banks are required to submit proof of announcement in the form of newspaper clippings or photocopies containing the announcement of Quarterly Publication Reports as referred to in Article 18 paragraph (1) letter a to the Financial Services Authority no later than 2 (two) working days after the announcement in the newspaper. (2) A Bank is deemed not to have submitted proof of announcement as referred to in paragraph (1) if the proof of announcement is submitted after the deadline for submission of proof of announcement.
Article 22
(1) Banks are required to submit certain reports on a quarterly basis to the Financial Services Authority.
(2) Certain reports as referred to in paragraph (1) must at least include transactions between the Bank and Related Parties.
(3) Banks that are part of a business group are required to add certain reports as referred to in paragraph (2) with reports on the provision of funds, commitments, and other facilities that can be equated with them from every entity in the same business group as the Bank to debtors and/or parties that have received fund provision from the Bank. (4) The timeframe for submission or delay or non-submission of certain reports as referred to in paragraph (1) refers to the timeframe for announcement of Quarterly Publication Reports as referred to in Article 19.
Third Section
Annual Publication Reports
Article 23
Annual Publication Reports as referred to in Article 3 paragraph (1) letter c are reports for the end of December.
Article 24
(1) Annual Publication Reports as referred to in Article 23 must at least include:
a. General information; b. Financial reports;
c. Financial performance information;
d. Capital disclosure and risk management practices applied by the Bank, at least including descriptions of risk types, potential losses faced by the Bank, and risk mitigation, as regulated in regulations regarding capital and risk management; e. Other disclosures as regulated in financial accounting standards; and f. Other information determined by the Financial Services Authority. (2) General information as referred to in paragraph (1) letter a must at least consist of:
a. Management, including the structure of the Sharia Supervisory Board for Sharia Commercial Banks; b. Share ownership;
c. Business development of the Bank and the Bank's business group, including if there is business development of the Sharia Business Unit (UUS);
d. Strategies and policies established by Bank management, including for UUS if the Bank has a UUS; and e. Management reports containing information regarding Bank management, including for UUS if the Bank has a UUS. (3) Financial reports as referred to in paragraph (1) letter b must at least consist of:
a. Statement of Financial Position (Balance Sheet); b. Statement of Profit or Loss and Other Comprehensive Income;
c. Statement of Changes in Equity;
d. Statement of Cash Flows; and e. Notes to the Financial Statements, including information regarding commitments and contingencies.
(4) Financial performance information as referred to in paragraph (1) letter c consists of:
a. Calculation of Minimum Capital Requirement (KPMM); b. Quantity and quality of productive assets and Impairment Loss Reserves (CKPN), which must at least provide grouping information:
Article 25
Sharia Commercial Banks and Conventional Commercial Banks having a Sharia Business Unit (UUS) are required to add financial performance information as referred to in Article 24 paragraph (4) with:
a. Profit Distribution Report; b. Zakat Fund Source and Disbursement Report;
c. Charity Fund Source and Usage Report; and
d. Restricted Investment Fund Change Report.
Article 26
Banks that are part of a business group and/or have a Subsidiary Entity are required to add Annual Publication Reports as referred to in Article 24 with information that must at least include:
a. The structure of the Bank's business group; b. Transactions between the Bank and Related Parties;
c. Transactions with Related Parties conducted by every entity in the Bank's business group operating in the financial sector;
d. Provision of funds, commitments, and other facilities that can be equated with them from every entity in the same business group as the Bank to debtors and/or parties that have received fund provision from the Bank; and e. Disclosure regarding capital, risk types, potential losses, and risk management on a consolidated basis as regulated in regulations regarding capital and risk management.
Article 27
(1) Financial reports in Annual Publication Reports as referred to in Article 24 paragraph (3) are presented in the form of:
a. Individual financial reports; and b. Consolidated financial reports.
(2) The Public Accountant's opinion on the financial reports as referred to in paragraph (1) must be stated in the Annual Publication Report as referred to in Article 24.
(3) Financial reports in Annual Publication Reports as referred to in paragraph (1) must be prepared for 1 (one) Fiscal Year and presented at least in the form of comparison with the comparative reporting period in accordance with financial accounting standards.
Article 28
(1) Banks that are part of a business group are required to add Annual Publication Reports as referred to in Article 24 with:
a. Consolidated financial reports of the Parent Entity that include the financial reports of all entities in the business group in the financial sector; or b. Consolidated financial reports of the Parent Entity that include the financial reports of all entities in the business group in the financial and non-financial sectors. (2) Consolidated financial reports of the Parent Entity as referred to in paragraph (1) must at least consist of:
a. Statement of Financial Position (Balance Sheet); b. Statement of Profit or Loss and Other Comprehensive Income;
c. Statement of Changes in Equity; and
d. Statement of Commitments and Contingencies.
d. Commitment and Contingency Report.
(3) The consolidated financial statements of the Parent Entity as referred to in paragraph (1) have been audited by a Public Accountant.
(4) In the event of a difference between the Fiscal Year end and the audit period for the consolidated financial statements of the Parent Entity, the Bank may present the consolidated financial statements of the Parent Entity at the end of the December position which are unaudited, by stating the note “Unaudited” on such report. (5) In the annual consolidated financial statements as referred to in paragraph (1), the Bank is required to state the name of the Public Accounting Firm that audited the financial statements of other entities outside the Bank and the name of the Public Accountant responsible for the audit (partner in charge) as well as the opinion given, in the event that the financial statements of other entities outside the Bank are audited by a Public Accountant different from the Public Accountant that audited the annual financial statements of the Bank.
Article 29
(1) The Bank is required to announce the Annual Publication Report as referred to in Article 23 on the Bank’s Website.
(2) The Bank is required to maintain the announcement of the Annual Publication Report on the Bank’s Website as referred to in paragraph (1) for at least 5 (five) last Fiscal Years.
Article 30
(1) The Bank is required to submit the Annual Publication Report as referred to in Article 23 to the Otoritas Jasa Keuangan (OJK).
(2) The submission of the Annual Publication Report as referred to in paragraph (1) must be accompanied by a Management Letter regarding the audit of the Bank’s annual financial statements.
Article 31
(1) The announcement of the Annual Publication Report on the Bank’s Website as referred to in Article 29 and the submission of the Annual Publication Report to the Otoritas Jasa Keuangan (OJK) as referred to in Article 30 must be carried out no later than 4 (four) months after the end of the Fiscal Year. (2) The Bank ...
(2) The Bank is declared late in announcing on the Bank’s Website and/or late in submitting the Annual Publication Report to the Otoritas Jasa Keuangan (OJK) if the Bank announces and/or submits the Annual Publication Report after the final deadline for announcement and/or submission as referred to in paragraph (1) up to at most 1 (one) month after the final deadline for announcement and/or submission of the Annual Publication Report. (3) The Bank is declared not to announce on the Bank’s Website and/or not to submit the Annual Publication Report to the Otoritas Jasa Keuangan (OJK) if the Annual Publication Report has not been announced and/or submitted to the Otoritas Jasa Keuangan (OJK) until the end of the delay period as referred to in paragraph (2).
Article 32
(1) Banks that are part of a business group and/or Banks that have Subsidiary Entities are required to submit certain reports annually to the Otoritas Jasa Keuangan (OJK).
(2) Certain reports as referred to in paragraph (1) include at least:
a. The Parent Entity’s annual report covering all entities within the financial business group or the Parent Entity’s annual report covering all entities within the financial and non-financial business groups; b. The direct Shareholder’s annual report holding majority shares or the annual report of the entity exercising Direct Control over the Bank;
c. The Subsidiary Entity’s annual report; and
d. The annual report of the headquarters, for branch offices of Banks located abroad.
(3) In the event that the Parent Entity does not have an annual report as referred to in paragraph (2) letter a, the Bank is required to submit certain reports consisting of the Parent Entity’s annual consolidated financial statements covering all entities within the financial business group or the Parent Entity’s annual consolidated financial statements covering all entities within the financial and non-financial business groups, which have been audited by a Public Accountant. (4) In ...
(4) In the event that the direct Shareholder or entity exercising Direct Control does not have an annual report as referred to in paragraph (2) letter b, the Bank is required to submit certain reports consisting of the direct Shareholder’s annual financial statements or the entity exercising Direct Control, which have been audited by a Public Accountant. (5) In the event that the Subsidiary Entity does not have an annual report as referred to in paragraph (2) letter c, the Bank is required to submit certain reports consisting of the Subsidiary Entity’s annual financial statements, which have been audited by a Public Accountant. (6) The submission period, delay, or failure to submit certain reports as referred to in paragraph (2) refers to the announcement or submission period of the Annual Publication Report as referred to in Article 31. (7) In the event that the Fiscal Year of the Parent Entity or Subsidiary Entity or headquarters abroad does not end in December, the submission period, delay, or failure to submit certain reports as referred to in paragraph (6) is calculated from the end of the Fiscal Year of the Parent Entity or Subsidiary Entity or headquarters abroad.
Part Four
Other Publication Reports
Article 33
(1) Other Publication Reports as referred to in Article 3 paragraph (1) letter d include:
a. Basic Credit Interest Rate Report (SBDK); and b. Other publication reports, if required by the Otoritas Jasa Keuangan (OJK) according to needs and banking industry development.
(2) The Bank announces other publication reports as referred to in paragraph (1) letter b periodically according to regulations established by the Otoritas Jasa Keuangan (OJK).
Article 34 ...
Article 34
(1) The Bank is required to announce the Basic Credit Interest Rate Report (SBDK) as referred to in Article 33 paragraph (1) letter a in a daily printed newspaper in Indonesian language with wide circulation no later than 7 (seven) working days after the end of the months of March, June, September, and December. (2) The Bank is declared late in announcing the Basic Credit Interest Rate Report (SBDK) if the Bank announces the Basic Credit Interest Rate Report (SBDK) after the final deadline for announcement as referred to in paragraph (1) up to at most 1 (one) month after the final deadline for announcement of the Basic Credit Interest Rate Report (SBDK) as referred to in paragraph (1). (3) The Bank is declared not to announce the Basic Credit Interest Rate Report (SBDK) if the Basic Credit Interest Rate Report (SBDK) has not been announced until the end of the delay period as referred to in paragraph (2). (4) The scope, format, and procedures for submission and requirements for Banks required to announce the Basic Credit Interest Rate Report (SBDK) refer to regulations concerning the transparency of basic credit interest rate information.
CHAPTER III
OTHERS
Article 35
Reports submitted not through the online reporting system, in the event that the submission deadline falls on a Saturday, Sunday, or other holiday, the submission deadline becomes the next working day.
Article 36
In the event that the Bank experiences technical difficulties or force majeure occurs at the final deadline for announcement on the Bank’s Website, the Bank submits a written notification letter to the Otoritas Jasa Keuangan (OJK) accompanied by evidence and supporting documents, signed by the Authorized Official, and submitted on the same day as the occurrence of the technical difficulty.
CHAPTER IV...
CHAPTER IV
SANCTIONS
Part One
Sanctions for Monthly Publication Reports
Article 37
(1) Banks that do not announce the Monthly Publication Report on the Bank’s Website as referred to in Article 10 paragraph (4) are subject to sanctions in the form of a written warning. (2) In the event that the Bank submits a written notification letter to the Otoritas Jasa Keuangan (OJK) as referred to in Article 36, the Bank may not be subject to sanctions in the form of a written warning as referred to in paragraph (1). (3) Banks that do not announce the Monthly Publication Report on the Bank’s Website as referred to in Article 10 paragraph (4) must still announce the Monthly Publication Report no later than 1 (month) after being subject to sanctions in the form of a written warning as referred to in paragraph (1). (4) In the event that the Otoritas Jasa Keuangan (OJK) assesses that the Monthly Publication Report is materially inconsistent with the actual situation and/or not presented in accordance with the provisions of this Otoritas Jasa Keuangan Regulation and/or financial accounting standards, the Bank is subject to sanctions in the form of a written warning. (5) The Bank must still re-announce the corrected Monthly Publication Report on the Bank’s Website, no later than simultaneously with the announcement of the Monthly Publication Report for the next period after being subject to sanctions in the form of a written warning as referred to in paragraph (4).
Part Two
Sanctions for Quarterly Publication Reports
Article 38
(1) Banks that are late in announcing the Quarterly Publication Report in newspapers as referred to in Article 19 paragraph (2) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp1,000,000.00 (one million rupiah) per day for each report. (2) The Bank ...
(2) Banks that do not announce the Quarterly Publication Report in newspapers as referred to in Article 19 paragraph (3) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp50,000,000.00 (fifty million rupiah). (3) Banks that do not announce the Quarterly Publication Report on the Bank’s Website as referred to in Article 19 paragraph (4) are subject to sanctions in the form of a written warning. (4) In the event that the Bank submits a written notification letter to the Otoritas Jasa Keuangan (OJK) as referred to in Article 36, the Bank may not be subject to sanctions in the form of a written warning as referred to in paragraph (3). (5) Banks that do not announce the Quarterly Publication Report in newspapers and/or on the Bank’s Website must still announce the Quarterly Publication Report no later than 1 (one) month after being subject to sanctions as referred to in paragraph (2) and paragraph (3). (6) Banks that do not submit proof of announcement in newspapers to the Otoritas Jasa Keuangan (OJK) as referred to in Article 21 paragraph (2) are subject to sanctions in the form of a written warning.
Article 39
(1) In the event that the Otoritas Jasa Keuangan (OJK) assesses that the Quarterly Publication Report is materially inconsistent with the actual situation and/or not presented in accordance with the provisions of this Otoritas Jasa Keuangan Regulation and/or financial accounting standards, the Bank is subject to sanctions in the form of a written warning. (2) In the event that the Bank does not re-announce the corrected Quarterly Publication Report within a period of 1 (one) month after the written warning is delivered to the Bank as referred to in paragraph (1), the Bank is subject to sanctions in the form of a payment obligation consisting of a fine of Rp100,000,000.00 (one hundred million rupiah). (3) Banks that have been subject to sanctions in the form of a payment obligation consisting of a fine as referred to in paragraph (2) are required to re-announce the corrected Quarterly Publication Report in newspapers and on the Bank’s Website, and to resubmit proof of announcement in newspapers to the Otoritas Jasa Keuangan (OJK). (4) In ...
(4) In the event that the Bank does not re-announce the corrected Quarterly Publication Report in newspapers and on the Bank’s Website and/or does not submit proof of announcement in newspapers after being subject to sanctions in the form of a payment obligation consisting of a fine as referred to in paragraph (2), the Bank is subject to other administrative sanctions, consisting of:
a. reduction of the Bank’s health level; b. suspension of certain business activities; and/or
c. listing of Shareholders, members of the Board of Directors, Board of Commissioners, or Executive Officers of the Bank in the list of parties prohibited from becoming:
Article 40
(1) Banks that are late in submitting certain reports to the Otoritas Jasa Keuangan (OJK) as referred to in Article 22 paragraph (4) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp500,000.00 (five hundred thousand rupiah) per working day. (2) Banks that do not submit certain reports to the Otoritas Jasa Keuangan (OJK) as referred to in Article 22 paragraph (4) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp 15,000,000.00 (fifteen million rupiah).
Part Three
Sanctions for Annual Publication Reports
Article 41
(1) Banks that are late in announcing the Annual Publication Report on the Bank’s Website as referred to in Article 31 paragraph (2) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp1,000,000.00 (one million rupiah) per working day. (2) In the event that the Bank submits a written notification letter to the Otoritas Jasa Keuangan (OJK) as referred to in Article 36, the Bank may not be subject to sanctions in the form of a payment obligation consisting of a fine as referred to in paragraph (1). (3) The Bank ...
(3) Banks that do not announce the Annual Publication Report on the Bank’s Website as referred to in Article 31 paragraph (3) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp50,000,000.00 (fifty million rupiah). (4) Banks that are late in submitting the Annual Publication Report to the Otoritas Jasa Keuangan (OJK) as referred to in Article 31 paragraph (2) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp1,000,000.00 (one million rupiah) per working day. (5) Banks that do not submit the Annual Publication Report to the Otoritas Jasa Keuangan (OJK) as referred to in Article 31 paragraph (3) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp50,000,000.00 (fifty million rupiah). (6) Banks that do not announce on the Bank’s Website and/or do not submit the Annual Publication Report to the Otoritas Jasa Keuangan (OJK) must still announce and/or submit the Annual Publication Report no later than 1 (one) month after being subject to sanctions as referred to in paragraph (3) and paragraph (5).
Article 42
(1) In the event that the Otoritas Jasa Keuangan (OJK) assesses that the Annual Publication Report is materially inconsistent with the actual situation and/or not presented in accordance with the provisions of this Otoritas Jasa Keuangan Regulation and/or financial accounting standards, or the Management Letter from the Public Accountant states the existence of fundamental weaknesses in the Bank’s data reporting system to the Otoritas Jasa Keuangan (OJK), the Bank is subject to sanctions in the form of a written warning. (2) In the event that the Bank does not re-announce and/or submit the corrected Annual Publication Report within a period of 1 (one) month after the written warning is delivered to the Bank as referred to in paragraph (1), the Bank is subject to sanctions in the form of a payment obligation consisting of a fine of Rp100,000,000.00 (one hundred million rupiah). (3) Banks that have been subject to sanctions in the form of a payment obligation consisting of a fine as referred to in paragraph (2) are required to re-announce the corrected Annual Publication Report on the Bank’s Website and to resubmit it to the Otoritas Jasa Keuangan (OJK). (4) In ...
(4) In the event that the Bank does not re-announce and/or submit the corrected Annual Publication Report after being subject to sanctions in the form of a payment obligation consisting of a fine as referred to in paragraph (2), the Bank is subject to other administrative sanctions, consisting of:
a. reduction of the Bank’s health level; b. suspension of certain business activities; and/or
c. listing of Shareholders, members of the Board of Directors, Board of Commissioners, or Executive Officers of the Bank in the list of parties prohibited from becoming:
Article 43
(1) Banks that are late in submitting certain reports to the Otoritas Jasa Keuangan (OJK) as referred to in Article 32 paragraph (6) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp500,000.00 (five hundred thousand rupiah) per working day. (2) Banks that do not submit certain reports to the Otoritas Jasa Keuangan (OJK) as referred to in Article 32 paragraph (6) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp 15,000,000.00 (fifteen million rupiah).
Part Four
Sanctions for Other Publication Reports
Article 44
(1) Banks that are late in announcing the Basic Credit Interest Rate Report (SBDK) as referred to in Article 34 paragraph (2) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp1,000,000.00 (one million rupiah) per day. (2) Banks that do not announce the Basic Credit Interest Rate Report (SBDK) as referred to in Article 34 paragraph (3) are subject to sanctions in the form of a payment obligation consisting of a fine of Rp50,000,000.00 (fifty million rupiah).
Part ...
Part Five
Other Sanctions
Article 45
Banks that announce and/or submit financial statements in the Quarterly Publication Report at the end of December and/or Annual Publication Reports that are not audited by Public Accountants registered with the Otoritas Jasa Keuangan (OJK) as referred to in Article 6 are considered not to have announced and/or submitted the aforementioned reports, and are subject to sanctions in the form of a payment obligation consisting of a fine of Rp50,000,000.00 (fifty million rupiah).
Article 46
(1) Banks that do not maintain the Monthly Publication Report, Quarterly Publication Report, and Annual Publication Report on the Bank’s Website for the periods as referred to in Article 10 paragraph (3), Article 18 paragraph (5), and Article 29 paragraph (2) are subject to sanctions in the form of a written warning. (2) Banks that do not yet have a Bank Website at the time this regulation takes effect are subject to sanctions in the form of a written warning.
Article 47
(1) Sanctions regarding the submission of Monthly Publication Reports online through the Otoritas Jasa Keuangan (OJK) reporting system as referred to in Article 11 paragraph (1) and Quarterly Publication Reports as referred to in Article 20 paragraph (1) are imposed according to regulations governing the Otoritas Jasa Keuangan (OJK) reporting system. (2) Sanctions regarding the submission of Monthly Publication Reports online through the LKPBU system as referred to in Article 11 paragraph (2) and Quarterly Publication Reports as referred to in Article 20 paragraph (2) are imposed according to regulations governing the LKPBU.
CHAPTER V ...
CHAPTER V
CLOSING PROVISIONS
Article 48
(1) The obligation to announce Monthly Publication Reports as referred to in Article 10 paragraph (1) and submission to the Otoritas Jasa Keuangan (OJK) as referred to in Article 11 is first carried out for reports at the end of March 2015. (2) The obligation to announce Quarterly Publication Reports as referred to in Article 18 paragraph (1) and submission to the Otoritas Jasa Keuangan (OJK) as referred to in Article 20 is first carried out for reports at the end of March 2015. (3) The capital disclosure obligation as referred to in Article 18 paragraph (2) is first carried out for reports at the end of December 2015.
Article 49
In the event of changes in the scope of each Publication Report, further regulations are issued via an Otoritas Jasa Keuangan (OJK) Circular Letter.
Article 50
Further provisions of this Otoritas Jasa Keuangan Regulation are regulated by an Otoritas Jasa Keuangan (OJK) Circular Letter.
Article 51
(1) At the time this Otoritas Jasa Keuangan Regulation takes effect, Bank Indonesia Regulation Number 14/14/PBI/2012 dated October 18, 2012 concerning Transparency and Publication of Bank Reports (State Gazette of the Republic of Indonesia Year 2012 Number 199, Addition to the State Gazette of the Republic of Indonesia Number 5353) is revoked and declared invalid. (2) At the time this Otoritas Jasa Keuangan Regulation takes effect, all regulations that are implementation regulations and regulations referring to Bank Indonesia Regulation Number 14/14/PBI/2012 dated October 18, 2012 concerning Transparency and Publication of Bank Reports are declared to remain valid as long as they do not conflict with the provisions in this Otoritas Jasa Keuangan Regulation.
Article 52 ...
Article 52
This Otoritas Jasa Keuangan Regulation takes effect upon being enacted.
For everyone to know, it is ordered to enact this Otoritas Jasa Keuangan Regulation by placing it in the State Gazette of the Republic of Indonesia.
Issued in Jakarta
On the date 31 March 2015
CHAIRMAN OF THE COMMISSIONERS BOARD
FINANCIAL SERVICES AUTHORITY,
Signed,
MULIAMAN D. HADAD
Enacted in Jakarta
On the date 1 April 2015
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
Signed,
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2015 NUMBER 74 Copy consistent with the original Legal Director I Ministry of Law, Signed, Signed, Sudarmaji
EXPLANATION
OF
OTORITAS JASA KEUANGAN REGULATION
NUMBER 6/POJK.03/2015
CONCERNING
TRANSPARENCY AND PUBLICATION OF BANK REPORTS
I. GENERAL
The demand to increase the transparency of the financial condition and performance of Banks is increasingly high in line with the increasing development of banking products and activities. In addition, in line with the implementation of Basel II: International Convergence of Capital Measurement and Capital Standards: a Revised Framework (Basel II) and Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems (Basel III), Banks are required to disclose types of risk and potential losses (risk exposures), risk management practices applied, more detailed capital components, and additional capital above the capital ratio according to risk profiles functioning as buffers. Transparency of the financial condition and performance of Banks to the public is also one of the important pillars in the implementation of Good Corporate Governance. Several benefits that can be achieved through this information transparency include: (i) as a basis for setting fair assessments and decision-making by market actors and the public to create market discipline; (ii) increasing the credibility of Banks and public trust; (iii) demonstrating the Bank’s ability to monitor and manage risks; and (iv) reducing market uncertainty and information asymmetry. On the other hand, excessive disclosure of information can reduce the Bank’s competitive advantage, so it is necessary to regulate the scope of quantitative and qualitative information that must be disclosed to the public to ensure competition among Banks remains maintained. Furthermore, with the increasing development of banking conglomerates, the Bank’s business group structure has become increasingly complex, so Banks are exposed to risks from various activities conducted by Parent Entities, Subsidiary Entities, Sister Companies, Related Parties of the Bank, and other entities within the same business group. Therefore, market actors and the public need broader and more complete information regarding the Bank’s business group. This is in line ...
... with the implementation of consolidated and integrated supervision of Banks carried out by the Otoritas Jasa Keuangan (OJK).
II. ARTICLE BY ARTICLE
Article 1
Sufficiently clear.
Article 2
Sufficiently clear.
Article 3
Paragraph (1)
Sufficiently clear.
Paragraph (2)
The responsibility of the Board of Directors and Board of Commissioners of the Bank includes the Monthly Publication Report and Quarterly Publication Reports presented on the Otoritas Jasa Keuangan (OJK) Website based on data and information submitted by the Bank to the Otoritas Jasa Keuangan (OJK).
Article 4
Paragraph (1)
The scope of information in the Publication Report is adjusted according to the publication period of the report.
Paragraph (2)
Sufficiently clear.
Article 5
Paragraph (1)
Letter a
Sufficiently clear.
Letter b
What is meant by “consolidated financial statements” is consolidated financial statements according to financial accounting standards.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Sufficiently clear.
Paragraph (4) ...
Paragraph (4)
Clearly stated.
Paragraph (5)
The term "temporary" includes Controls that will be released within a maximum period of 12 (twelve) months from the position of the financial report in the year of Acquisition or temporary equity participation in the context of credit restructuring or meeting the criteria as non-current assets held for sale as regulated in financial accounting standards. Paragraph (6) Clearly stated.
Article 6
The financial report at the end of December announced in the Quarterly Public Report is the annual (audited) financial report announced in the Annual Public Report.
Article 7
The Bank's Website address must reflect the Bank's identity so that users can easily find the said Website.
Article 8
Clearly stated.
Article 9
Clearly stated.
Article 10
Paragraph (1)
The term "Bank's Website" is a Website with an Indonesian domain that is not part of the Parent Entity's Website or the Bank's business group.
Announcements of reports on the Bank's Website are placed on easily accessible pages, for example, by providing a special link for publication reports on the front page of the Bank's Website. Quantitative information in the Public Report is presented in a format that allows users to process it further, while still paying attention to data security aspects. Paragraph (2) ...
Paragraph (2)
Example:
For the Monthly Public Report for March 2015, it must be announced on the Bank's Website no later than the end of April 2015.
Paragraph (3)
Example:
In March 2017, the Bank's Website must maintain the Monthly Public Report at least since the end of the period in March 2015.
This provision does not apply to Banks that have just started operations or new Banks that are the result of a merger, consolidation, spin-off, or conversion for less than 2 (two) years. Paragraph (4) Example:
For the Monthly Public Report for March 2015, the Bank is stated not to have announced if the Monthly Public Report is announced on the Bank's Website after April 30, 2015.
Article 11
Paragraph (1)
The obligation to submit the Monthly Public Report online through the Financial Services Authority's reporting system is implemented after the Financial Services Authority's reporting system is available. Paragraph (2) Clearly stated. Paragraph (3) Clearly stated.
Article 12
Paragraph (1)
The Quarterly Public Report at the end of March, June, and September presents interim financial reports, while the Quarterly Public Report at the end of December presents year-end financial reports. Paragraph (2) ...
Paragraph (2)
Considerations by the Financial Services Authority to request Banks to announce Public Reports other than the periods referred to in paragraph (1) and/or other information determined by the Financial Services Authority include, among others, public transparency in the context of bank rehabilitation actions, transparency regarding specific products or services issued or implemented by the Bank, and the process of bank merger, consolidation, and acquisition.
Article 13
Clearly stated.
Article 14
Paragraph (1)
Letter a
Clearly stated.
Letter b
Clearly stated.
Letter c
Clearly stated.
Letter d
The Report on Changes in Restricted Investment Funds is only reported if there is any.
Paragraph (2)
Clearly stated.
Article 15
Clearly stated.
Article 16
Paragraph (1)
Letter a
Clearly stated.
Letter b
The term "Consolidated Financial Report" is the consolidated financial report in accordance with financial accounting standards.
Paragraph (2) ...
Paragraph (2)
Clearly stated.
Article 17
Paragraph (1)
Letter a
Clearly stated.
Letter b
The report referred to in this letter is presented if there is no Parent Entity's consolidated financial report that includes the financial reports of all entities in the business group in the financial sector. Paragraph (2) The Report on Changes in Equity and the Report on Commitments and Contingencies are only reported if there is any. Paragraph (3) Clearly stated. Paragraph (4) Clearly stated. Paragraph (5) Clearly stated.
Article 18
Paragraph (1)
Letter a
Announcements in daily printed newspapers in Indonesian with wide circulation are intended so that information in the Quarterly Public Report can be known by the public.
The term "daily printed newspaper in Indonesian with wide circulation" is:
c) conducted a public offering of Debt Securities and/or Equity Securities;
2. at least a local newspaper with wide circulation in a region, specifically for Banks that have their headquarters outside Jabodetabek and do not have branches outside their headquarters region.
Letter b
The term "Bank's Website" is a Website with an Indonesian domain that is not part of the Parent Entity's Website or the Bank's business group.
Announcements of reports on the Bank's Website are placed on easily accessible pages, for example, by providing a special link for publication reports on the front page of the Bank's Website. The format of the publication report is in a form that allows users to process it further, while still paying attention to data security aspects. Paragraph (2) Disclosure is announced on the bank's Website in a special link with the title: Basel III Disclosure. Paragraph (3) Signing by the Bank's Board of Directors is done by clearly stating their name. Paragraph (4) The term "function as President Director" is the function performed by a member of the Board of Directors, whether because that function is already stated in the Bank's Articles of Association or in a special power of attorney to perform that function or in other documents in accordance with legislation. Paragraph (5) Example:
On March 31, 2020, the Bank's Website must maintain the Quarterly Public Report at least since the end of the period in March 2015.
This provision ...
This provision does not apply to Banks that have just started operations or new Banks that are the result of a merger, consolidation, spin-off, or conversion for less than 5 (five) years. Paragraph (6) Clearly stated.
Article 19
Paragraph (1)
Letter a
Example:
For the Quarterly Public Report at the end of March 2015, it must be announced in newspapers and on the Bank's Website no later than May 15, 2015.
Letter b
Example:
For the Quarterly Public Report at the end of December 2015, it must be announced in newspapers and on the Bank's Website no later than March 31, 2016.
Paragraph (2)
Letter a
Example:
For the Quarterly Public Report at the end of March 2015, it is stated to be late if announced in newspapers from May 16, 2015 to May 31, 2015.
Letter b
Example:
For the Quarterly Public Report at the end of December 2015, it is stated to be late if announced in newspapers from April 1, 2016 to April 15, 2016.
Paragraph (3)...
Paragraph (3)
Example:
a. For the Quarterly Public Report at the end of March 2015, the Bank is stated not to have announced if the Quarterly Public Report is announced in newspapers after May 31, 2015. b. For the Quarterly Public Report at the end of December 2015, the Bank is stated not to have announced if the Quarterly Public Report is announced in newspapers after April 15, 2016. Paragraph (4) Example:
For the Quarterly Public Report at the end of March 2015, the Bank is stated not to have announced if the Quarterly Public Report is announced on the Bank's Website after May 15, 2015.
Article 20
Paragraph (1)
The obligation to submit the Quarterly Public Report online through the Financial Services Authority's reporting system is implemented after the Financial Services Authority's reporting system is available. Paragraph (2) Clearly stated. Paragraph (3) Clearly stated.
Article 21
Clearly stated.
Article 22
Paragraph (1)
Clearly stated.
Paragraph (2)
The definition of Related Parties and transactions with Related Parties in accordance with financial accounting standards.
Paragraph (3)...
Paragraph (3)
Clearly stated.
Paragraph (4)
Clearly stated.
Article 23
Clearly stated.
Article 24
Clearly stated.
Article 25
Letter a
Clearly stated.
Letter b
Clearly stated.
Letter c
Clearly stated.
Letter d
The Report on Changes in Restricted Investment Funds is only reported if there is any.
Article 26
Letter a
Clearly stated.
Letter b
The definition of Related Parties and transactions with Related Parties in accordance with financial accounting standards.
Letter c
Clearly stated.
Letter d
Clearly stated.
Letter e
Clearly stated.
Article 27 ...
Article 27
Paragraph (1)
Letter a
Clearly stated.
Letter b
The term "consolidated financial report" is the consolidated financial report in accordance with financial accounting standards.
Paragraph (2)
Clearly stated.
Paragraph (3)
Clearly stated.
Article 28
Paragraph (1)
Letter a
Clearly stated.
Letter b
The report referred to in this letter is presented if there is no Parent Entity's consolidated financial report that includes the financial reports of all entities in the business group in the financial sector. Paragraph (2) Clearly stated. Paragraph (3) Clearly stated. Paragraph (4) Clearly stated. Paragraph (5) Clearly stated.
Article 29
Paragraph (1)
The term "Bank's Website" is a Website with an Indonesian domain that is not part of the Parent Entity's Website or the Bank's business group.
Announcement ...
Announcements of reports on the Bank's Website are placed on easily accessible pages, for example, by providing a special link for publication reports on the front page of the Bank's Website. Paragraph (2) Example:
On April 30, 2020, the Bank's Website must maintain the Annual Public Report at least since the December 2015 period.
This provision does not apply to Banks that have just started operations or new Banks that are the result of a merger, consolidation, spin-off, or conversion for less than 5 (five) years.
Article 30
Clearly stated.
Article 31
Paragraph (1)
Example:
For the Annual Public Report at the end of December 2015, it must be announced on the Bank's Website and submitted to the Financial Services Authority no later than April 30, 2016.
Paragraph (2)
Example:
For the Annual Public Report at the end of December 2015, it is stated to be late if announced on the Bank's Website and/or submitted to the Financial Services Authority from May 1, 2016 to May 31, 2016. Paragraph (3) Example:
For the Annual Public Report at the end of December 2015, the Bank is stated not to have announced and/or not to have submitted if the Annual Public Report is announced on the Bank's Website and/or submitted to the Financial Services Authority after May 31, 2016.
Article 32 ...
Article 32
Paragraph (1)
Clearly stated
Paragraph (2)
Letter a
The annual report of the Parent Entity that includes all entities in the business group in the financial and non-financial sectors is presented if there is no annual report of the Parent Entity that includes the annual report of all entities in the business group in the financial sector. Letter b Clearly stated. Letter c Clearly stated. Letter d Clearly stated. Paragraph (3) The annual consolidated financial report of the Parent Entity that includes all entities in the business group in the financial and non-financial sectors is presented if there is no annual consolidated financial report of the Parent Entity that includes the financial report of all entities in the business group in the financial sector. Paragraph (4) Clearly stated. Paragraph (5) Clearly stated. Paragraph (6) Clearly stated. Paragraph (7) Clearly stated.
Article 33 ...
Article 33
Paragraph (1)
Letter a
The term "Basic Credit Interest Rate Report (SBDK)" is a report that presents the calculation of the basic credit interest rate which among others includes the cost of funds for credit (HPDK), overhead costs, and profit margin set by the Bank in credit activities. Letter b Clearly stated. Paragraph (2) Clearly stated.
Article 34
Paragraph (1)
Announcements in daily printed newspapers in Indonesian with wide circulation are intended so that information in the SBDK Report can be known by the public.
The term "daily printed newspaper in Indonesian with wide circulation" is:
Paragraph (2)
Example:
For the SBDK Report at the end of March 2015, it is late if announced in newspapers from April 10, 2015 to May 8, 2015.
Paragraph (3)
For the SBDK Report at the end of March 2015, the Bank is stated not to have announced if the SBDK Report is announced in newspapers after May 8, 2015.
Paragraph (4)
Clearly stated.
Article 35
Clearly stated.
Article 36
Clearly stated.
Article 37
Clearly stated.
Article 38
Clearly stated.
Article 39
Clearly stated.
Article 40
Clearly stated.
Article 41
Clearly stated.
Article 42
Clearly stated.
Article 43
Clearly stated.
Article 44
Clearly stated.
Article 45 ...
Article 45
Clearly stated.
Article 46
Clearly stated.
Article 47
Clearly stated.
Article 48
Clearly stated.
Article 49
Clearly stated.
Article 50
Clearly stated.
Article 51
Clearly stated.
Article 52
Clearly stated.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5687 ---
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