Regulation of the Commodity Futures Trading Regulatory Agency Number 3 of 2024 Concerning Guidelines for the Establishment of Professional Certification Institutions and Implementation of Competency Certification in the Commodity Futures Trading Sector

REGULATION OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY NUMBER 3 OF 2024 CONCERNING GUIDELINES FOR THE ESTABLISHMENT OF PROFESSIONAL CERTIFICATION INSTITUTIONS AND IMPLEMENTATION OF COMPETENCY CERTIFICATION IN THE FIELD OF COMMODITY FUTURES TRADING BY THE GRACE OF GOD THE MOST HIGH, HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY, Considering: a. that in order to realize orderly, fair, efficient, and effective Commodity Futures Trading activities, and to encourage the formation of human resources in the Commodity Futures Trading industry that have competence, integrity, and professionalism in carrying out their duties and functions; b. c. that in order to improve the formation of competence, integrity, and professionalism of Futures Brokers, Futures Advisors, and Futures Fund Center Managers in carrying out their duties and functions, competency certification appropriate to the needs of the Commodity Futures Trading industry is required; that based on the considerations as referred to in letters a and b, it is necessary to establish a Regulation of the Commodity Futures Trading Regulatory Agency concerning Guidelines for the Establishment of Professional Certification Institutions and Implementation of Competency Certification in the Field of Commodity Futures Trading; Recalling: 1. Law Number 32 of 1997 concerning Commodity Futures Trading (State Gazette of the Republic of Indonesia Year 1997 Number 93, Supplement to the State Gazette of the Republic of Indonesia Number 3720) as amended by Law Number 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trading (State Gazette of the Republic of Indonesia Year 2011 Number 79, Supplement to the State Gazette of the Republic of Indonesia Number 5232);
2. Government Regulation Number 49 of 2014 concerning the Implementation of Commodity Futures Trading (State Gazette of the Republic of Indonesia Year 2014 Number 143, Supplement to the State Gazette of the Republic of Indonesia Number 5548);
3. Presidential Regulation Number 68 of 2019 concerning the Organization of State Ministries (State Gazette of the Republic of Indonesia Year 2019 Number 203) as amended by Presidential Regulation Number 32 of 2021 Concerning Amendments to Presidential Regulation Number 68 of 2019 Concerning the Organization of State Ministries (State Gazette of the Republic of Indonesia Year 2021 Number 106);
4. Presidential Regulation Number 11 of 2022 concerning the Ministry of Trade (State Gazette of the Republic of Indonesia Year 2022 Number 19);

5. Minister of Trade Regulation Number 29 of 2022 concerning the Organization and Work Structure of the Ministry of Trade (State News of the Republic of Indonesia Year 2022 Number 492);
6. National Professional Certification Agency Regulation Number 1/BNSP/III/2014 concerning Guidelines for Assessment of General Requirements for Professional Certification Institutions;
   DECIDING:
   Determining: REGULATION OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY CONCERNING GUIDELINES FOR THE ESTABLISHMENT OF PROFESSIONAL CERTIFICATION INSTITUTIONS AND IMPLEMENTATION OF COMPETENCY CERTIFICATION IN THE FIELD OF COMMODITY FUTURES TRADING.

CHAPTER I
GENERAL PROVISIONS
Article 1
In this Regulation of the Commodity Futures Trading Regulatory Agency, the following terms are defined:

1. Commodity Futures Trading, hereinafter referred to as Futures Trading, is everything related to the buying and selling of Commodities with the withdrawal of Margin and with subsequent settlement based on Futures Contracts, Sharia Derivatives Contracts, and/or other Derivative Contracts.
2. The Commodity Futures Trading Regulatory Agency, hereinafter referred to as Bappebti, is a government agency whose main task is to conduct guidance, regulation, development, and supervision of Commodity Futures Trading.
3. The National Professional Certification Agency, hereinafter abbreviated as BNSP, is an independent agency formed to carry out Work Competency Certification.
4. Professional Certification Institutions in the field of Commodity Futures Trading, hereinafter referred to as LSP in the field of PBK, are institutions that carry out Work Competency Certification activities in the field of Commodity Futures Trading that have a registration mark from Bappebti and have obtained a license from BNSP.
5. Specific Work Competency Standards in the field of Commodity Futures Trading, hereinafter referred to as SKKK in the field of PBK, are work competency standards developed and used by LSPs in the field of PBK to meet the internal goals of their organization and/or to meet the needs of other organizations that have a cooperation agreement with the respective LSP in the field of PBK or other organizations.
6. Indonesian National Work Competency Standards, hereinafter abbreviated as SKKNI, are statements of work ability that cover aspects of knowledge, skills and/or expertise, and work attitudes that are relevant to the implementation of duties and job requirements established in accordance with applicable legislation.
7. Work Competency Certification is the process of issuing work competency certificates carried out systematically and objectively through competency tests implemented by LSPs in the Field of PBK according to SKKK or SKKNI.
8. Occupation Certification Scheme is the pattern of competency certification used as a reference for the implementation of work competency certification, which consists of a set of competency units sourced from work competency standards and other requirements related to the recognition of competence in types of jobs.

Article 2
(1) The formation of LSPs and the implementation of Work Competency Certification in the field of Commodity Futures Trading must pay attention to and comply with the principles:
a. Objectivity and impartiality; b. Independence and autonomy; and
c. Professionalism, accountability, and transparency.
(2) The implementation of Work Competency Certification in the field of Commodity Futures Trading can only be organized by LSPs in the field of PBK that have a registration mark from Bappebti.

CHAPTER II
REQUIREMENTS AND CRITERIA FOR LSPs IN THE FIELD OF PBK
Article 3
(1) LSPs in the field of PBK must first obtain a recommendation from Bappebti before obtaining a license or approval from BNSP.
(2) The recommendation given by Bappebti regarding the license approval from BNSP as referred to in paragraph (1) consists of:
a. the license for the establishment of an LSP in the field of PBK; or b. approval of changes to the Occupation Certification Scheme, including changes to the scope of the LSP license in the field of PBK.
(3) To obtain a recommendation from Bappebti as referred to in paragraph (2) letter a in the context of license approval, applicants for LSPs in the field of PBK submit a recommendation letter application to Bappebti using Form 1 as contained in the Appendix of this Regulation, attaching documents as follows:
a. a certificate of completion of the appreciation process by BNSP;

b. proof of LSP establishment in the form of a photocopy of the Articles of Association of the LSP in the field of PBK;
c. photocopy of the Decision on Registration of Specific Work Competency Standards or Indonesian National Work Competency Standards in the field of Commodity Futures Trading established by the Ministry of Manpower;
d. the structure and organizational profile of the LSP in the field of PBK; and e. a draft of the Occupation Certification Scheme in the field of Commodity Futures Trading; (4) To obtain a recommendation from Bappebti as referred to in paragraph (2) letter b, applicants for LSPs in the field of PBK submit a recommendation letter application to Bappebti using Form 2 as contained in the Appendix of this Regulation, attaching documents as follows:
a. proof of LSP establishment in the form of a photocopy of the Articles of Association of the LSP in the field of PBK; b. the structure and organizational profile of the LSP in the field of PBK;
c. the basis for consideration for changes to the Occupation Certification Scheme; and
d. a draft of changes to the Occupation Certification Scheme or Specific Work Competency Standards or Indonesian National Work Competency Standards in the field of Commodity Futures Trading.

Article 4
(1) Recommendations from Bappebti as referred to in Article 3 paragraph (2) letter a can only be given to applicants for LSPs in the field of PBK that meet the following criteria:
a. are legal entities in the form of a limited liability company; b. have an organizational structure consisting of at least guiding elements and executive elements;

c. have at least 2 (two) directors and at least 2 (two) commissioners;
d. have an Occupation Certification Scheme containing:

1. elements of the scheme according to guidelines established by BNSP; and
2. competency units according to SKKNI or SKKK in the field of PBK established by the Ministry of Manpower.
   (2) Executive elements or directors as referred to in paragraph (1) letters b and c must be independent and not hold concurrent positions as members of the board of directors or equivalent, members of the board of commissioners or equivalent, and employees of business actors in the field of Commodity Futures Trading. (3) Guiding elements or commissioners as referred to in paragraph (1) letters b and c must be managed in such a way as to maintain impartiality. (4) Recommendations from Bappebti as referred to in Article 3 paragraph (2) letter b can only be given to applicants for LSPs in the field of PBK that have changes to the Occupation Certification Scheme containing:
   a. elements of certification scheme writing according to guidelines established by BNSP; and b. competency units according to SKKNI or SKKK established by the Ministry of Manpower.

CHAPTER III
ISSUANCE OF RECOMMENDATIONS AND REGISTRATION MARKS FOR LSPs IN THE FIELD OF PBK
Article 5
(1) Bappebti issues recommendation letters for applications for recommendation letters from applicants for LSPs in the field of PBK as referred to in Article 3 paragraph (2) within a maximum of 20 (twenty) working days since the application for recommendation letters and required documents are received completely and correctly. (2) In the event that the application documents for recommendation letters do not meet the requirements, applicants for LSPs in the field of PBK must submit the fulfillment of the required documents within a maximum of 15 (fifteen) working days since the date of issuance of the notification of document completeness requests from Bappebti. (3) Applicants for LSPs in the field of PBK who do not submit the fulfillment of required documents within the time limit as referred to in paragraph (2) are deemed to have cancelled their application. (4) In the event that applicants for LSPs in the field of PBK as referred to in paragraph (3) submit a new application for recommendation letters to Bappebti, applicants for LSPs in the field of PBK must submit a new application for recommendation letters accompanied by document requirements as referred to in Article 3 paragraph (3) and paragraph (4).

Article 6
Recommendation letters issued by Bappebti have a validity period:
a. 1 (one) year from the date the recommendation is established for the establishment of LSPs in the field of PBK; or b. 6 (six) months from the date the recommendation is established for changes to the Certification Scheme, to be submitted for processing to BNSP, with copies of the application sent to Bappebti.

Article 7
(1) LSPs in the field of PBK can only implement Work Competency Certification in the field of Commodity Futures Trading after having a registration mark from Bappebti.
(2) To obtain the registration mark as referred to in paragraph (1), LSPs in the field of PBK submit a registration application to Bappebti using Form 3 as contained in the Appendix of this Regulation, attaching documents as follows:
a. proof of license issued by BNSP that is still valid; b. proof of LSP establishment in the form of a photocopy of the Articles of Association of the LSP in the field of PBK;
c. Specific Work Competency Standards (SKKK) or Indonesian National Work Competency Standards (SKKNI) that have been established by the Ministry of Manpower;
d. the structure and organizational profile of the LSP in the field of PBK; e. the Occupation Certification Scheme or changes to the Occupation Certification Scheme that have been validated by BNSP; f. the LSP's work program which includes plans for the implementation of Work Competency Certification and targets for the organization of Work Competency Certification; g. the code of ethics for assessors in the field of Commodity Futures Trading; h. a list of facilities and infrastructure owned for the implementation of Work Competency Certification; and
i. a list of assessors who have technical competency certificates according to the scheme owned from LSPs in the field of PBK and assessor competency certification from BNSP that is still valid, at least 5 (five) assessors.

Article 8
(1) Bappebti issues registration letters for registration applications from applicants for LSPs in the field of PBK as referred to in Article 7 paragraph (2) within a maximum of 20 (twenty) working days since the registration application and required documents are received completely and correctly. (2) In the event that the application documents for registration do not meet the requirements, applicants for LSPs in the field of PBK must submit the fulfillment of the required documents within a maximum of 15 (fifteen) working days since the date of issuance of the notification of document completeness requests from Bappebti. (3) Applicants for LSPs in the field of PBK who do not submit the fulfillment of required documents within the time limit as referred to in paragraph (2) are deemed to have cancelled their application. (4) In the event that applicants for LSPs in the field of PBK as referred to in paragraph (3) submit a new registration application to Bappebti, applicants for LSPs in the field of PBK must submit a new registration application accompanied by document requirements as referred to in Article 7 paragraph (2). (5) Bappebti may announce the names of LSPs in the field of PBK that have obtained registration marks from Bappebti as referred to in paragraph (1) on the Bappebti website.

CHAPTER IV
IMPLEMENTATION OF CERTIFICATION AND REPORTING ON CERTIFICATION IMPLEMENTATION
Article 9
(1) LSPs in the field of PBK that have obtained registration marks from Bappebti are required to continuously implement Work Competency Certification in the field of Commodity Futures Trading according to the validity period of the license issued by BNSP. (2) Before implementing Work Competency Certification as referred to in paragraph (1), LSPs in the field of PBK are required to coordinate with Bappebti in the event of:
a. the preparation of plans for the implementation of competency certification; and b. the determination of costs charged to competency certification participants; (3) LSPs in the field of PBK are required to issue work competency certificates in the field of Commodity Futures Trading in every implementation of Work Competency Certification according to the results of competency tests. (4) Work competency certificates in the field of Commodity Futures Trading used as one of the administrative requirements to follow professional exams organized by Bappebti are only valid for a maximum of 2 (two) years from the date the certificate is issued. (5) LSPs in the field of PBK are required to report the results of the implementation of Work Competency Certification to Bappebti every month no later than 10 (ten) working days in the following month. (6) Reports on the results of the implementation of Work Competency Certification as referred to in paragraph (5) contain:
a. a list of participants who follow Work Competency Certification and participants who pass the competency test; b. a list of assessors who are examiners and a list of parties being tested; and
c. participants who pass the exam and have work competency certificates which include information regarding:

1. participant identity; and
2. the number and date of the work competency certificate;

Article 10
In addition to fulfilling obligations as referred to in Article 9, LSPs in the field of PBK that have obtained registration marks from Bappebti are required to:
a. submit updates of LSP certification data to Bappebti periodically every year no later than January 31 of the following year; b. adjust the Occupation Certification Scheme according to the latest Specific Work Competency Standards or Indonesian National Work Competency Standards established by the Ministry of Manpower;
c. update institutional matters related to LSP licenses to Bappebti if there are any; and
d. revoke work competency certificates in the field of Commodity Futures Trading if the holder of the work competency certificate in the field of Commodity Futures Trading:

1. is proven guilty of committing a criminal offense based on a final court decision;
2. is proven to have violated the professional code of ethics;
3. is proven to have violated legislation in the field of Commodity Futures Trading based on Bappebti examination results;
4. is included in the list of persons in Bappebti's records; or
5. the work competency certificate has expired and is not in the process of renewal.

Article 11
(1) Reports on the results of the implementation of Work Competency Certification as referred to in Article 9 paragraph (5) and updates of LSP certification data as referred to in Article 10 letter a are submitted through the electronic system provided by Bappebti. (2) In the event that the electronic system is not available or experiences disturbances, the submission of reports on the results of competency certification implementation as referred to in Article 9 paragraph (5) and updates of LSP certification data as referred to in Article 10 letter a are carried out manually. (3) Under certain conditions, Bappebti may request other data related to the development of the implementation of Work Competency Certification. (4) Other data as referred to in paragraph (3) must be submitted by LSPs in the field of PBK within a maximum of 5 (five) working days since the date of receipt of the data request letter from Bappebti. (5) In the event that the deadline for submission of reports on the results of the implementation of Work Competency Certification as referred to in Article 9 paragraph (5), updates of LSP certification data as referred to in Article 10 letter a, and/or other data as referred to in paragraph (3) falls on a holiday, the submission of reports on the results of the implementation of Work Competency Certification, updates of LSP certification data, and/or other data are submitted no later than 1 (one) working day following the holiday.

CHAPTER V
ADMINISTRATIVE SANCTIONS
Article 12
In the event that LSPs in the field of Commodity Futures Trading are proven to have committed violations:
a. not implementing Work Competency Certification activities as referred to in Article 9 paragraph (1); b. not coordinating with Bappebti as referred to in Article 9 paragraph (2);
c. not issuing work competency certificates in the field of Commodity Futures Trading as referred to in Article 9 paragraph (3);
d. not reporting every result of the implementation of Work Competency Certification as referred to in Article 9 paragraph (5); e. not fulfilling their obligations as regulated in Article 10; or f. not complying with the principles of the implementation of Work Competency Certification as referred to in Article 2 paragraph (1), administrative sanctions in the form of written reprimands will be imposed by Bappebti.

Article 13
In the event that LSPs in the field of PBK are proven not to have implemented written reprimands as referred to in Article 12 within a period of 3 (three) months since the date the written reprimand letter was issued, administrative sanctions in the form of revocation of the registration mark of LSPs in the field of PBK by Bappebti will be imposed.

CHAPTER VI
OTHER PROVISIONS
Article 14
In the event that there are indications of violations committed by LSPs in the field of PBK related to the implementation of Work Competency Certification in the field of Commodity Futures Trading, Bappebti coordinates with BNSP.

Article 15
Bappebti may coordinate with relevant Ministries/Agencies for the management of LSPs in the field of PBK.

CHAPTER VII
TRANSITIONAL PROVISIONS
Article 16
(1) LSPs in the field of PBK that have obtained licenses from BNSP before the implementation of this Regulation and have Certification Schemes that match the SKKNI or SKKK established by the Ministry of Manpower, must submit applications for LSP registration in the field of PBK to Bappebti according to the regulations set forth in this Regulation. (2) The submission of applications for LSP registration in the field of PBK as referred to in paragraph (1) must be done no later than 3 (three) months since this Regulation was established. (3) In the event that LSPs in the field of PBK as referred to in paragraph (1) do not submit registration applications until the end of the time limit as referred to in paragraph (2), they cannot carry out Work Competency Certification activities in the field of Commodity Futures Trading. (4) In the event that executive elements and/or directors as referred to in Article 4 paragraph (2) still contain business actors and/or stakeholders in the field of Commodity Futures Trading, they must be adjusted no later than December 31, 2024.

Article 17
(1) Work competency certificates that have been issued by LSPs in the field of PBK as referred to in Article 16 paragraph (1) before the issuance of this Regulation are declared to remain valid and recognized for submission as requirements in the application for professional exams at Bappebti. (2) LSPs in the field of PBK as referred to in Article 16 paragraph (1) must report work competency certificates that have been issued as referred to in paragraph (1) that still have a validity period to Bappebti no later than 3 (three) months since this Regulation was established.

CHAPTER VIII
CLOSING PROVISIONS
Article 18
This Regulation of the Agency is established to take effect on the date it is established.
Established in Jakarta
On date, 28 March 2024
ACTING HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY REPUBLIC OF INDONESIA, Signed, KASAN Copy in accordance with the original COMMODITY FUTURES TRADING REGULATORY AGENCY Head of the Legal and Legislative Affairs Bureau,

APPENDIX
REGULATION OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY REPUBLIC OF INDONESIA NUMBER 3 OF 2024 CONCERNING GUIDELINES FOR THE ESTABLISHMENT OF PROFESSIONAL CERTIFICATION INSTITUTIONS AND IMPLEMENTATION OF COMPETENCY CERTIFICATION IN THE FIELD OF COMMODITY FUTURES TRADING FORM 1 (made on letterhead paper) Number: ... …………,……....20… Attachment: ... Subject: Request for recommendation for LSP establishment license in the field of PBK To: The Head of the Commodity Futures Trading Regulatory Agency Ministry of Trade in Jakarta Hereby we submit a request for a recommendation for the establishment license of an LSP in the field of PBK. As consideration material, we submit the application form for the recommendation along with supporting documents attached. Thus, we submit this request, and we thank you for your attention. Guiding Board, Director/Chairman, Stamp Duty (……………………) (……………………….) Full Name Full Name

APPLICATION FORM FOR RECOMMENDATION FOR LSP ESTABLISHMENT LICENSE IN THE FIELD OF PBK NOTES:
1. Read this application form carefully before filling it out. If the space for answering is insufficient, please create an attachment that is an inseparable part of this form and signed by the applicant.
2. This application must be signed by the director/chairman of the institution and stamped.
I. INSTITUTION INFORMATION
1. Full Name of Applicant
2. Position of Applicant
3. Company Name
4. Company Tax ID (NPWP)
5. Company Address
6.
Phone Number
Fax Number
E-mail
7. Capital Amount
8. Contact Person
Guiding Board
No. Name Position/Field of Task
Director/Chairman/Head/Manager
No. Name Position/Field of Task

Committee
No. Name Position/Field of Task
Shareholders List
No. Name Address
II. LIST OF ATTACHED DOCUMENTS
a. photocopy of s

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