Rule · OJK · 5 May 2017 · 18/POJK.03/2017
The Financial Services Authority mandates designated financial institutions to report debtor data to the Financial Information Service System (SLIK) monthly by the 12th of the following month, including detailed information on debtors, facilities, collateral, guarantors, management, ownership, and financial status for facilities exceeding IDR 5 billion. The regulation establishes procedures for submitting corrections, handling technical or force majeure disruptions via offline channels, and defining the rights of debtors, reporting institutions, and Credit Information Processing Institutions (LPIP) to access or request this information. It further requires reporting institutions to implement written policies for data reporting, information usage, and complaint resolution, while imposing strict liability on parties requesting information for any misuse.
COPY
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 18 /POJK.03/2017
REGARDING
REPORTING AND REQUEST FOR DEBTOR INFORMATION THROUGH THE FINANCIAL INFORMATION SERVICE SYSTEM BY THE GRACE OF THE ALMIGHTY GOD THE BOARD OF COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering:
a. that the Financial Services Authority has the authority to regulate and develop the implementation of inter-bank information systems and other financial institutions, particularly in obtaining and providing debtor information; b. that in order to facilitate the provision of funds to drive economic development, the application of risk management by financial service institutions, and to support effective supervision in the financial services sector, a reliable, comprehensive, and integrated financial information service system is required in the financial services sector;
c. that in the development of a reliable, comprehensive, and integrated financial information service system in the financial services sector, implementation is carried out in stages, starting with information services regarding debtors;
d. that based on the considerations referred to in letters a through c, it is necessary to establish a Financial Services Authority Regulation regarding Reporting and Request for Debtor Information through the Financial Information Service System; Recalling:
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
CHAPTER II
REPORTERS
Article 2
(1) Parties required to become Reporters are:
a. General Banks; b. BPRs;
c. BPRSs;
d. Financing Institutions that provide Funding Facilities; and e. Other Financial Service Institutions that provide Funding Facilities, except microfinance institutions.
(2) Further provisions regarding the procedures to become a Reporter for the parties referred to in paragraph (1) are regulated by an OJK Circular Letter.
Article 3
(1) Other Financial Service Institutions that provide internet-based money lending services and microfinance institutions may become Reporters by submitting a request and obtaining OJK approval by meeting the following requirements:
a. having adequate infrastructure; b. having data required in SLIK; and
c. signing a participation agreement in reporting and requesting Debtor Information through SLIK.
(2) Other institutions that are not LJKs may become Reporters after obtaining OJK approval by meeting the following requirements:
a. conducting funding provision activities; b. having adequate infrastructure;
c. having data required in SLIK; and
d. signing a participation agreement in reporting and requesting Debtor Information through SLIK.
(3) Further provisions regarding the procedures to become a Reporter for Other Financial Service Institutions providing internet-based money lending services, microfinance institutions, and other non-LJK institutions as referred to in paragraph (1) and paragraph (2) are regulated by an OJK Circular Letter.
CHAPTER III
DEBTOR REPORTS AND CORRECTIONS OF DEBTOR REPORTS
Article 4
(1) Reporters are required to submit Debtor Reports to OJK completely, accurately, up-to-date, wholly, and on time every month for the end-of-month position.
(2) The Debtor Reports referred to in paragraph (1) must include information regarding:
a. Debtors; b. Funding Facilities;
c. Collateral;
d. Guarantors; e. Management and Owners; and f. Debtor finances.
(3) Debtor Reports are reported by the Reporter's head office to OJK.
(4) The Debtor Reports referred to in paragraph (3) must include information from the Reporter's head office and all branch offices.
(5) The Debtor Reports referred to in paragraph (2) must be prepared in accordance with the Debtor Report compilation guidelines established by OJK.
(6) Further provisions regarding the scope of Debtor Reports as referred to in paragraph (2) are regulated by an OJK Circular Letter.
Article 5
(1) Information regarding Debtor finances as referred to in Article 4 paragraph (2) letter f is reported when the Debtor is a company or party that receives Funding Facilities from 1 (one) Reporter and/or joint financing from more than 1 (one) Reporter, with the total amount of all Funding Facilities being at least IDR 5,000,000,000.00 (five billion Rupiah). (2) Reporters report information regarding Debtor finances as referred to in Article 4 paragraph (2) letter f sourced from the Debtor's latest annual financial reports. (3) Reporters report information regarding Debtor finances as referred to in paragraph (2) no later than in the Debtor Report for June of the following year.
Article 6
New Reporters are required to submit their first Debtor Report to OJK no later than the 12th of the fourth month calculated from the date of being established as a Reporter by OJK.
Article 7
Reporters are required to correct Debtor Reports that have been submitted to OJK if the Debtor Reports do not meet the provisions as referred to in Article 4 based on:
a. findings by the Reporter; or b. findings by OJK.
CHAPTER IV
PERIODS FOR SUBMISSION OF DEBTOR REPORTS AND CORRECTIONS OF DEBTOR REPORTS
Article 8
(1) Reporters are required to submit Debtor Reports as referred to in Article 4 paragraph (1) monthly no later than the 12th of the month following the month of the Debtor Report. (2) Reporters are required to submit corrections to Debtor Reports as referred to in Article 7 based on:
a. findings by the Reporter, no later than the 12th of the month following the month of the Debtor Report; or b. findings by OJK, no later than the 12th of the month following the date OJK's findings are communicated to the Reporter. (3) In the event that the deadline for submitting Debtor Reports and/or corrections to Debtor Reports as referred to in paragraph (1) and paragraph (2) falls on a Saturday, Sunday, or public holiday, the Debtor Reports and/or corrections to Debtor Reports are submitted on the next working day. (4) OJK may establish deadlines for submitting Debtor Reports and/or corrections to Debtor Reports other than as referred to in paragraph (1) and paragraph (2), in the event of:
a. damage and/or disruptions to databases or communication networks at OJK; and/or b. specific conditions that significantly impact the submission period of Debtor Reports.
(5) Reporters are deemed to have submitted Debtor Reports and/or corrections to Debtor Reports on the date the Debtor Reports and/or corrections to Debtor Reports are received by OJK.
Article 9
(1) Reporters are deemed to have submitted Debtor Reports late if they exceed the time limits as referred to in Article 8 paragraph (1), paragraph (3), and paragraph (4) until the end of the month following the month of the Debtor Report. (2) Reporters are deemed not to have submitted Debtor Reports if, by the time limit as referred to in paragraph (1), they have not yet submitted the Debtor Report. (3) Reporters deemed not to have submitted Debtor Reports as referred to in paragraph (2) must still submit the Debtor Report. (4) Reporters are deemed to have submitted corrections to Debtor Reports late if the submission of corrections to Debtor Reports exceeds the time limits as referred to in Article 8 paragraph (2), paragraph (3), and paragraph (4). (5) Delays in submitting corrections to Debtor Reports caused by data quality improvement programs implemented by OJK are exempt from the provisions as referred to in paragraph (4).
CHAPTER V
SUBMISSION OF DEBTOR REPORTS AND CORRECTIONS OF DEBTOR REPORTS
Article 10
(1) Reporters may only submit Debtor Reports and/or corrections to Debtor Reports online through SLIK.
(2) Reporters experiencing technical disruptions in submitting Debtor Reports and/or corrections to Debtor Reports may submit them offline for a maximum of 3 (three) working days after the end of the submission period for Debtor Reports and/or corrections to Debtor Reports, with a written notification letter to OJK accompanied by supporting documents. (3) Reporters are deemed to have submitted Debtor Reports and/or corrections to Debtor Reports offline late if the submission of reports exceeds the time limit as referred to in paragraph (2). (4) Reporters experiencing force majeure conditions that make it impossible to submit Debtor Reports and/or corrections to Debtor Reports online and offline until the end of the submission period for Debtor Reports and/or corrections to Debtor Reports, must notify OJK in writing to obtain an extension of the submission deadline for Debtor Reports and/or corrections to Debtor Reports. (5) Debtor Reports and/or corrections to Debtor Reports submitted offline as referred to in paragraph (2) and written notifications as referred to in paragraph (2) and paragraph (4) are submitted to:
a. the Banking Licensing and Information Department, for Reporters headquartered in the Special Capital Region of Jakarta or Banten Province; or b. the OJK Regional Office or local OJK Office, for Reporters headquartered outside the Special Capital Region of Jakarta or Banten Province.
Article 11
(1) In the event of damage to Debtor Reports and/or corrections to Debtor Reports due to technical disruptions or other disruptions to systems and/or data communication networks, OJK may request Reporters to resubmit Debtor Reports and/or corrections to Debtor Reports. (2) Reporters are required to resubmit Debtor Reports and/or corrections to Debtor Reports upon OJK's request as referred to in paragraph (1).
CHAPTER VI
UPDATING DEBTOR REPORT DATA
Article 12
(1) OJK may update Debtor Report data in SLIK if the Reporter:
a. has its business license revoked or is liquidated; or b. is unable to update Debtor Reports for other reasons.
(2) Updating Debtor Report data in SLIK when the Reporter has its business license revoked or is liquidated as referred to in paragraph (1) letter a is carried out based on a written request from:
a. parties appointed to settle the Reporter's obligations; or b. Debtors accompanied by supporting documents.
(3) Updating Debtor Report data in SLIK when the Reporter is unable to update Debtor Reports in SLIK for other reasons as referred to in paragraph (1) letter b is carried out based on a written request from the Reporter. (4) Further provisions regarding the procedures for updating Debtor Report data in SLIK as referred to in paragraph (1) are regulated by an OJK Circular Letter.
CHAPTER VII
OPENNESS TO DEBTORS AND DEBTOR INFORMATION
Article 13
Reporters are required to notify Debtors regarding the submission of their respective Debtor Reports into SLIK.
Article 14
(1) Parties who may request Debtor Information are:
a. Reporters; b. Debtors;
c. LPIPs; and
d. other parties.
(2) The scope of Debtor Information that may be requested by the parties as referred to in paragraph (1) is:
a. Debtor identity; b. Owners and management for corporate Debtors;
c. Funding Facilities received by the Debtor;
d. Collateral; e. Guarantors; f. Quality of Funding Facilities; and g. Other information.
(3) Further provisions regarding the scope of Debtor Information for each party as referred to in paragraph (1) are regulated by an OJK Circular Letter.
Article 15
(1) Reporters who have fulfilled reporting obligations as referred to in Article 4 may request Debtor Information as referred to in Article 14 paragraph (2) from OJK online through SLIK. (2) Online requests for Debtor Information as referred to in paragraph (1) may be conducted through the Reporter's head office and/or branch offices. (3) Reporters are required to account for all requests for Debtor Information through SLIK made by the Reporter, at minimum regarding:
a. the date of the request; b. the Debtor's identity number;
c. the Debtor's name;
d. the purpose of the Debtor Information; and e. the employees who submitted the request and received the Debtor Information.
(4) Reporters are prohibited from using Debtor Information obtained as referred to in paragraph (1) for purposes other than:
a. supporting the smooth process of providing Funding Facilities; b. applying risk management; and/or
c. identifying Debtor quality in order to fulfill OJK or other competent authority requirements.
Article 16
(1) Reporters are required to provide Debtor Information upon request by Debtors to the Reporters.
(2) Debtor Information provided by Reporters upon request by Debtors as referred to in paragraph (1) may only be provided to Debtors from their respective Reporters.
Article 17
(1) In the event that Reporters refuse to provide Funding Facilities to Debtors or prospective Debtors based on Debtor Information, Reporters are required to provide written explanations to Debtors or prospective Debtors. (2) Written explanations as referred to in paragraph (1) are provided in the event of a written request from Debtors or prospective Debtors.
Article 18
(1) Debtors may request Debtor Information on behalf of themselves from OJK or from their respective Reporters.
(2) Requests for Debtor Information by Debtors as referred to in paragraph (1) are submitted via written requests submitted directly by the respective Debtors or authorized parties. (3) Further provisions regarding the procedures for requesting Debtor Information by Debtors as referred to in paragraph (2) are regulated by an OJK Circular Letter.
Article 19
LPIPs as referred to in Article 14 paragraph (1) letter c may obtain Debtor Information in the course of business activities as regulated in statutory regulations regarding LPIPs.
Article 20
(1) Other parties as referred to in Article 14 paragraph (1) letter d may request Debtor Information from OJK in the course of implementing statutory regulations and/or based on memoranda of understanding with OJK. (2) Requests for Debtor Information by other parties as referred to in paragraph (1) may be conducted:
a. routinely; and/or b. incidentally.
(3) Routine requests for Debtor Information by other parties as referred to in paragraph (2) letter a may be conducted through agreements and/or memoranda of understanding between OJK and other parties. (4) Incidental requests for Debtor Information by other parties as referred to in paragraph (2) letter b are conducted by meeting the following requirements:
a. requests for Debtor Information are submitted in writing to OJK by authorized parties, stating the purpose of use for the Debtor Information; and b. applicants state responsibility for all consequences arising from the use of Debtor Information.
Article 21
Parties who may request Debtor Information as referred to in Article 14 paragraph (1) are responsible for all legal consequences arising from the use of Debtor Information for purposes inconsistent with statutory regulations and this Financial Services Authority Regulation.
CHAPTER VIII
HANDLING AND RESOLUTION OF COMPLAINTS
Article 22
Debtors may submit complaints regarding the inaccuracy of Debtor Information directly to their respective Reporters.
Article 23
(1) Reporters are required to follow up on complaints regarding the inaccuracy of Debtor Information submitted by Debtors as referred to in Article 22.
(2) In following up on complaints as referred to in paragraph (1), Reporters are required to conduct investigations into the complained issues based on documents and/or data owned by the Reporters and/or Debtors.
Article 24
(1) Reporters are required to resolve complaints regarding the inaccuracy of Debtor Information as referred to in Article 22 no later than 20 (twenty) working days after the date the complaint is received by the Reporter. (2) In the event that the issues complained of by Debtors require special investigation of documents by Reporters and/or Debtors, Reporters may extend the complaint resolution period by a maximum of 20 (twenty) working days. (3) Reporters are required to inform the deadlines for complaint resolution as referred to in paragraph (1) and paragraph (2) to Debtors who submitted the complaints. (4) In the event that Reporters have resolved complaints regarding the inaccuracy of Debtor Information, Reporters are required to communicate the complaint resolution results to Debtors in writing.
Article 25
In the event that Reporters are unable to resolve complaints regarding the inaccuracy of Debtor Information as referred to in Article 24 paragraph (1) and paragraph (2), Debtors may pursue complaint resolution through OJK or Alternative Dispute Resolution Institutions (LAPS).
Article 26
(1) In the event that, based on the investigation results of the complained issues as referred to in Article 23 paragraph (2), the complaint is caused by Reporter errors, Reporters submit corrections to Debtor Reports to OJK. (2) Corrections to Debtor Reports to OJK as referred to in paragraph (1) are treated as corrections based on Reporter findings as referred to in Article 7 letter a and Article 8 paragraph (2) letter a.
CHAPTER IX
POLICIES AND PROCEDURES FOR REPORTING, REQUESTING DEBTOR INFORMATION, AND RESOLVING DEBTOR INFORMATION COMPLAINTS
Article 27
Reporters are required to have written policies and procedures regarding the submission of Debtor Reports and/or corrections to Debtor Reports, at minimum covering:
a. the authority and responsibilities of employees who verify and submit Debtor Reports and/or corrections to Debtor Reports to OJK; b. steps taken in maintaining and securing systems and data;
c. steps taken to ensure the completeness, accuracy, timeliness, integrity, and timeliness of Debtor Reports and/or corrections to Debtor Reports;
d. steps taken in the event of disruptions or force majeure conditions to ensure the continuity of submitting Debtor Reports and/or corrections to Debtor Reports to OJK, as well as the authority and responsibilities of designated employees.
Article 28
Reporters are required to have written policies and procedures regarding the request and use of Debtor Information, at minimum covering:
a. the authority and responsibilities of employees granted access to submit requests and receive Debtor Information; b. steps taken in requesting Debtor Information, including ensuring the use of Debtor Information in accordance with provisions as referred to in Article 15 paragraph (4);
c. steps taken in providing Debtor Information upon request by Debtors to Reporters;
d. accounting for Debtor Information; and e. securing Debtor Information.
Article 29
In order to resolve complaints regarding the inaccuracy of Debtor Information as referred to in Article 22, Reporters are required to have written policies and procedures, at minimum covering:
a. the authority and responsibilities of employees handling complaints; b. procedures for receiving complaints;
c. steps in handling and resolving complaints;
d. monitoring of complaint handling and resolution; and e. accounting for complaint handling and resolution.
CHAPTER X
IMPLEMENTING EMPLOYEES
Article 30
(1) Reporters are required to appoint implementing employees and/or officials covering functions to:
a. submit Debtor Reports; b. verify Debtor Reports;
c. submit requests and receive Debtor Information;
d. conduct administration and management of user access rights to SLIK internally within the Reporter; e. handle Debtor complaints; and f. secure Debtor Information data.
(2) The appointment of implementing employees and/or officials as referred to in paragraph (1) must consider the principle of segregation of duties and be adjusted to the complexity of the Reporter's business activities. (3) The Reporter must submit the implementing employees and/or officials appointed as referred to in paragraph (1) to the OJK within a maximum period of 3 (three) months from the date of being designated as a Reporter by the OJK. (4) In the event of changes to the implementing employees and/or officials appointed as referred to in paragraph (1), the Reporter must:
a. submit the changes in the appointed implementing employees and/or officials to the OJK; and b. adjust the user access rights to SLIK internally within the Reporter, no later than 7 (seven) working days after the change occurs.
CHAPTER XI
SUPERVISION
Article 31
(1) The OJK conducts direct and/or indirect supervision regarding the implementation of SLIK by Reporters as referred to in Article 2.
(2) The OJK has the authority to conduct direct and/or indirect supervision regarding the implementation of SLIK by Reporters as referred to in Article 3.
(3) Reporters must provide information to the OJK in the course of supervision as referred to in paragraph (1) and paragraph (2).
CHAPTER XII
SANCTIONS
Article 32
Reporters who violate the provisions as referred to in Article 2 paragraph (1), Article 4 paragraph (1), Article 4 paragraph (2), Article 4 paragraph (4), Article 4 paragraph (5), Article 6, Article 11 paragraph (2), Article 13, Article 15 paragraph (3), Article 15 paragraph (4), Article 16 paragraph (1), Article 17 paragraph (1), Article 23 paragraph (1), Article 23 paragraph (2), Article 24 paragraph (1), Article 24 paragraph (3), Article 24 paragraph (4), Article 27, Article 28, Article 29, Article 30 paragraph (1), Article 30 paragraph (3), Article 30 paragraph (4), and/or Article 31 paragraph (3) shall be subject to administrative sanctions in the form of written reprimands or written warnings.
Article 33
(1) Reporters who violate the provisions as referred to in Article 8 paragraph (1) and are declared to have submitted Debtor Reports late as referred to in Article 9 paragraph (1) or Article 10 paragraph (3) shall be subject to administrative sanctions in the form of:
a. fines
(2) Reporters who violate the provisions as referred to in Article 8 paragraph (1) and are declared not to have submitted Debtor Reports as referred to in Article 9 paragraph (2) shall be subject to administrative sanctions in the form of:
a. fines
Article 34
(1) Reporters who violate the provisions as referred to in Article 8 paragraph (2) letter a and are declared to have submitted corrections to Debtor Reports late as referred to in Article 9 paragraph (4) or Article 10 paragraph (3) shall be subject to administrative sanctions in the form of fines:
a. for Reporters with assets of at least Rp500,000,000,000.00 (five hundred billion rupiah), amounting to Rp50,000.00 (fifty thousand rupiah) per Debtor per working day of delay and a maximum of Rp20,000,000.00 (twenty million rupiah) per month of Debtor Report and for a maximum delay of 12 (twelve) consecutive months of Debtor Reports; or b. for Reporters with assets of less than Rp500,000,000,000.00 (five hundred billion rupiah), amounting to Rp10,000.00 (ten thousand rupiah) per Debtor per working day of delay and a maximum of Rp2,000,000.00 (two million rupiah) per month of Debtor Report and for a maximum delay of 12 (twelve) consecutive months of Debtor Reports. (2) Reporters based on OJK findings as referred to in Article 7 letter b shall be subject to administrative sanctions in the form of fines:
a. for Reporters with assets of at least Rp500,000,000,000.00 (five hundred billion rupiah), amounting to Rp50,000.00 (fifty thousand rupiah) per Debtor, a maximum of Rp50,000,000.00 (fifty million rupiah) per month of Debtor Report and for a maximum delay of 12 (twelve) consecutive months of Debtor Reports; or b. for Reporters with assets of less than Rp500,000,000,000.00 (five hundred billion rupiah), amounting to Rp10,000.00 (ten thousand rupiah) per Debtor, a maximum of Rp10,000,000.00 (ten million rupiah) per month of Debtor Report and for a maximum delay of 12 (twelve) consecutive months of Debtor Reports. (3) Reporters who violate the provisions as referred to in Article 8 paragraph (2) letter b and are declared to have submitted corrections to Debtor Reports late as referred to in Article 9 paragraph (4) or Article 10 paragraph (3) shall be subject to administrative sanctions in the form of:
a. fines
Article 35
Reporters who request and use Debtor Information not in accordance with the provisions as referred to in Article 15 paragraph (4) shall be subject to administrative sanctions in the form of fines amounting to Rp50,000,000.00 (fifty million rupiah) for each Debtor Information.
Article 36
Reporters as referred to in Article 2, who violate the provisions as referred to in Article 7 letter b, Article 8 paragraph (1), Article 8 paragraph (2) letter a, Article 8 paragraph (2) letter b, Article 9 paragraph (1), Article 9 paragraph (2), Article 9 paragraph (4), Article 10 paragraph (3), and Article 15 paragraph (4), in addition to being subject to administrative sanctions in the form of written reprimands or written warnings, fines, and/or other administrative sanctions as referred to in Article 32, Article 33, Article 34, and/or Article 35, may be subject to administrative sanctions in the form of:
a. reduction of health rating; b. suspension of certain business activities;
c. assessment of competence and propriety; and/or
d. other administrative sanctions, in accordance with applicable laws and regulations.
Article 37
For new Reporters, the implementation of the imposition of sanctions as referred to in Article 33 paragraph (1) letter a, Article 33 paragraph (2) letter a, Article 34 paragraph (1), Article 34 paragraph (2), and Article 34 paragraph (3) letter a shall apply starting 9 (nine) months from the deadline as referred to in Article 6.
CHAPTER XIII
TRANSITIONAL PROVISIONS
Article 38
(1) General Banks, Rural Banks (BPR), Sharia Rural Banks (BPRS), Financing Institutions that provide Funding Facilities, and Other Financial Service Institutions that provide Funding Facilities, which at the time this OJK Regulation comes into force, have become Reporters of the Debtor Information System as referred to in Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System as amended by Bank Indonesia Regulation Number 18/21/PBI/2016 concerning Amendment to Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System, must submit:
a. Debtor Reports to the OJK starting from the Debtor Report for March 2017 and April 2017, submitted no later than May 2017; and b. a list of parties designated as implementing employees and/or officials as referred to in Article 30 paragraph (1) to the OJK no later than 3 (three) months from the date this OJK Regulation comes into force. (2) Rural Banks (BPR), Sharia Rural Banks (BPRS), and Financing Companies which at the time this OJK Regulation comes into force have not yet become Reporters of the Debtor Information System as referred to in Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System as amended by Bank Indonesia Regulation Number 18/21/PBI/2016 concerning Amendment to Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System, become Reporters of SLIK no later than December 31, 2018. (3) Venture Capital Companies, Infrastructure Financing Companies, and Pawnshops, which at the time this OJK Regulation comes into force have not yet become Reporters of the Debtor Information System as referred to in Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System as amended by Bank Indonesia Regulation Number 18/21/PBI/2016 concerning Amendment to Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System, become Reporters of SLIK no later than December 31, 2022. (4) Specifically for Debtor Reports for March 2017 through November 2017, Reporters must submit Debtor Reports and/or corrections to Debtor Reports no later than 5 (five) working days after the final deadline for the submission of Debtor Reports and/or corrections to Debtor Reports as referred to in Article 8 paragraph (1) and paragraph (2) letter a, and Article 10 paragraph (2).
CHAPTER XIV
CLOSING PROVISIONS
Article 39
At the time this OJK Regulation comes into force:
Article 40
The provisions of Article 14 paragraph (1) letter b, letter c, and letter d, Article 17, Article 18, Article 19, Article 20, Article 22, Article 23, Article 24, Article 25, Article 26, Article 29, Article 33 paragraph (1) letter a, Article 33 paragraph (2) letter a, Article 34 paragraph (1), Article 34 paragraph (2), and Article 34 paragraph (3) letter a shall come into force as of January 1, 2018.
Article 41
This OJK Regulation comes into force upon being enacted.
This copy is consistent with the original
Director of Law 1
Legal Department signed
Yuliana
For the information of everyone, ordering the enactment of this OJK Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on April 26, 2017
CHAIRMAN OF THE COMMISSIONERS BOARD
FINANCIAL SERVICES AUTHORITY, signed
MULIAMAN D. HADAD
Enacted in Jakarta on May 5, 2017
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2017 NUMBER 93
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 18 /POJK.03/2017
CONCERNING
REPORTING AND REQUESTING DEBTOR INFORMATION THROUGH THE FINANCIAL INFORMATION SERVICE SYSTEM
I. GENERAL
Ease of access to credit or financing is one of the important aspects in creating a healthy financial system in order to support a country's economic growth. Ease of access to credit or financing needs to be supported by the existence of an information system that functions as a medium for exchanging credit information among financial service institutions. In accordance with applicable laws and regulations, the Financial Services Authority (OJK) is granted the authority to regulate and develop the implementation of inter-bank information systems, which can be expanded by including other institutions in the financial sector. Therefore, in order to carry out its duties and functions, the Financial Services Authority deems it necessary to develop a new system to support credit information access through the Financial Information Service System (SLIK). SLIK can be utilized to facilitate the funding provision process, apply risk management, assess debtor quality, and increase financial industry discipline. In order to increase the effectiveness and efficiency of SLIK implementation, regulations regarding reporting and requesting debtor information through SLIK are necessary.
II. ARTICLE BY ARTICLE
Article 1
Sufficiently clear.
Article 2
Paragraph (1)
Letter a
Sufficiently clear.
Letter b
Sufficiently clear.
Letter c
Sufficiently clear.
Letter d
Sufficiently clear.
Letter e
What is meant by "Other Financial Service Institutions that provide Funding Facilities" includes, among others, Indonesian Export Financing Institutions, pawnshops, and secondary housing financing companies. Paragraph (2) Sufficiently clear.
Article 3
Paragraph (1)
Letter a
What is meant by "adequate infrastructure" includes, among others, organizational structure, human resources, computer equipment, and data communication networks required in SLIK. Letter b Sufficiently clear. Letter c What is meant by "agreement on participation in reporting and requesting Debtor Information through SLIK" is an agreement between the Reporter and the OJK regarding the Reporter's participation in SLIK. Paragraph (2) Letter a Sufficiently clear. Letter b What is meant by "adequate infrastructure" includes, among others, organizational structure, human resources, computer equipment, and data communication networks required in SLIK. Letter c Sufficiently clear. Letter d What is meant by "agreement on participation in reporting and requesting Debtor Information through SLIK" is an agreement between the Reporter and the OJK regarding the Reporter's participation in SLIK. Paragraph (3) Sufficiently clear.
Article 4
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Letter a
Information regarding Debtors, among others, contains information regarding name, identity number, place of birth, date of birth, address, telephone number, mobile number, electronic mail address, Taxpayer Identification Number (NPWP), mother's maiden name, partner information, occupation, relationship between the Debtor and the Reporter, and Debtor income. Letter b Information regarding Funding Facilities, among others, contains information regarding the type of funding provision, the amount of facilities provided, and the quality of funding provision, including funding provision that has been written off, written off, or resolved through collateral takeover or judicial settlement. The determination of funding provision quality refers to applicable laws and regulations for each Reporter. Letter c Information regarding collateral, among others, contains information regarding proof of ownership, collateral value, valuation date, availability of collateral, location of collateral, and type of collateral encumbrance. Letter d Information regarding guarantors, among others, contains information regarding the guarantor's identity number or NPWP, guarantor name, guarantor address, and percentage of the guaranteed portion. Letter e Information regarding management and owners is reported for corporate Debtor types, among others, containing information regarding name, address, identity number or NPWP, position, and ownership share. Letter f Debtor financial information is obtained from Debtor financial reports, among others, containing information regarding balance sheet and profit/loss items. Paragraph (3) Sufficiently clear. Paragraph (4) Debtor Reports submitted cover reports from the head office, branches, sub-branches, or similar entities that provide Funding Facilities. Paragraph (5) Sufficiently clear. Paragraph (6) Sufficiently clear.
Article 5
Paragraph (1)
Sufficiently clear.
Paragraph (2)
What is meant by "Debtor annual financial report" is an annual financial report that has been audited or has not/not been audited.
Paragraph (3)
Example:
Information regarding Debtor financial information sourced from the Debtor's annual financial report for December 2018 must be submitted by the Reporter no later than July 12, 2019.
Article 6
What is meant by "new Reporter" is a Reporter who has never submitted Debtor Reports in the Debtor Information System (SID) and SLIK.
Example:
If a Reporter is designated as a reporter by the OJK in September 2018, the Reporter must submit the first Debtor Report no later than January 12, 2019, for data for December 2018.
Article 7
Sufficiently clear.
Article 8
Paragraph (1)
Example:
Debtor Reports for May 2018 must be submitted no later than June 12, 2018.
Paragraph (2)
Letter a
Example:
Corrections to Debtor Reports for May 2018 must be submitted no later than June 12, 2018.
Letter b
Example 1:
If OJK findings are submitted to the Reporter on May 1, 2018, then corrections to Debtor Reports must be made no later than June 12, 2018.
Example 2:
If OJK findings are submitted to the Reporter on May 20, 2018, then corrections to Debtor Reports must be made no later than June 12, 2018.
Paragraph (3)
Holidays include national holidays and joint leave.
What is meant by "next working day" is the working day after the holiday period.
Example:
Debtor Reports and/or corrections to Debtor Reports for July 2018 submitted no later than August 12, 2018, which falls on a Sunday, the final deadline for submitting Debtor Reports and/or corrections to Debtor Reports for July 2018 is Monday, August 13, 2018. Paragraph (4) Letter a Sufficiently clear. Letter b What is meant by "certain conditions that have a significant impact on the submission period of Debtor Reports and/or corrections to Debtor Reports" includes, for example, holidays and joint leave during the Eid al-Fitr holiday which have a relatively long duration and coincide with the submission period of Debtor Reports and/or corrections to Debtor Reports. Paragraph (5) The date Debtor Reports and/or corrections to Debtor Reports are received by the OJK is the date stated on the receipt of Debtor Reports and/or corrections to Debtor Reports from SLIK for online submission or offline submission.
Article 9
Paragraph (1)
Example:
A Reporter is declared to have submitted Debtor Reports late if the Reporter submits Debtor Reports within the period from June 13, 2018, to June 30, 2018.
Paragraph (2)
A Reporter is declared not to have submitted Debtor Reports for May 2018 if the Reporter has not submitted Debtor Reports or submits Debtor Reports after June 30, 2018.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Example 1:
A Reporter is declared to have submitted corrections to Debtor Reports late for May 2018 if corrections to Debtor Reports are submitted after June 12, 2018.
Example 2:
If OJK findings are submitted to the Reporter on May 1, 2018, then corrections to Debtor Reports must be submitted no later than June 12, 2018.
Paragraph (5)
Sufficiently clear.
Article 10
Paragraph (1)
What is meant by "submitting Debtor Reports and/or corrections to Debtor Reports online" is the submission of Debtor Reports and/or corrections to Debtor Reports by the Reporter by sending or transferring Debtor Reports and/or corrections to Debtor Reports data records directly through a network connected to SLIK. Paragraph (2) What is meant by "technical disturbance" is a disturbance that causes the Reporter to be unable to submit Debtor Reports and/or corrections to Debtor Reports online, including disturbances in data communication networks and power outages. What is meant by "submitting Debtor Reports and/or corrections to Debtor Reports offline" is the submission of Debtor Reports and/or corrections to Debtor Reports by the Reporter by submitting Debtor Reports and/or corrections to Debtor Reports data records to the OJK, including in the form of compact discs or USB flash drives. What is meant by "supporting documents" includes, among others, letters or announcements from data communication network providers in the event of data communication disturbances by the Reporter, or letters from electricity providers in the event of power outages by the Reporter, or documents stating that efforts have been made to submit SLIK reports online. Debtor Reports and/or corrections to Debtor Reports submitted offline by the Reporter and uploaded by the OJK remain the responsibility of the Reporter. Paragraph (3) Example:
If a Reporter is unable to submit Debtor Reports and/or corrections to Debtor Reports for January 2018 online, which must be submitted no later than February 12, 2018, and subsequently submits Debtor Reports and/or corrections to Debtor Reports offline on February 15, 2018, if the receipt of Debtor Reports and/or corrections to Debtor Reports from SLIK exceeds February 15, 2018, the Reporter is declared late. Paragraph (4) What is meant by "force majeure" includes, among others, fires, riots, war, armed conflict, sabotage, and natural disasters such as floods and earthquakes that disrupt the Reporter's operational activities, which are approved by the competent official of the local government agency. Paragraph (5) Sufficiently clear.
Article 11
Sufficiently clear.
Article 12
Paragraph (1)
Letter a
Updating Debtor Reports can no longer be performed by the Reporter because the data has been transferred to a party designated to settle the Reporter's obligations, in accordance with applicable laws and regulations. Letter b What is meant by "other reasons" includes, for example, technical reasons why the Reporter cannot update Debtor Reports. Example:
If a Reporter intends to make corrections regarding facilities that have been reported as paid off, the Reporter can update Debtor Report data after submitting an application for data update and receiving approval from the OJK. Paragraph (2) Letter a Designated parties include, among others, the Deposit Insurance Corporation or liquidation teams. Letter b Supporting documents submitted by the Debtor will be verified further with the relevant party. Supporting documents include, among others, proof of payment and minutes of payment settlement. Paragraph (3) Sufficiently clear. Paragraph (4) Sufficiently clear.
Article 13
Notifications to Debtors can be conducted through mediums including forms, electronic mail, and short messages service.
Article 14
Paragraph (1)
Letter a
Sufficiently clear.
Letter b
Sufficiently clear.
Letter c
Sufficiently clear.
Letter d
What is meant by "other parties" are parties who, based on laws and regulations and/or based on memoranda of understanding with the OJK, are authorized to obtain Debtor Information, such as the central government, local governments, state institutions, Bank Indonesia, the Deposit Insurance Corporation, the Center for Reporting and Analysis of Financial Transactions, and law enforcement agencies in the course of carrying out duties and authorities based on laws and regulations. Paragraph (2) Letter a Sufficiently clear. Letter b Sufficiently clear. Letter c Sufficiently clear. Letter d Sufficiently clear. Letter e Sufficiently clear. Letter f Sufficiently clear. Letter g Other information includes, among others, Debtor financial information. Paragraph (3) Sufficiently clear.
Article 15
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
What is meant by "accounting for" is the accounting of every request for Debtor Information, both manually and through information technology mediums.
Paragraph (4)
Letter a
Sufficiently clear.
Letter b
Sufficiently clear.
Letter c
Other authorized parties include supervisory authorities.
Article 16
Paragraph (1)
Providing Debtor Information to the Debtor by the relevant Reporting Entity is one form of the Reporting Entity's transparency implementation toward the Debtor.
Paragraph (2)
Sufficiently clear.
Article 17
Paragraph (1)
Providing written explanations to the Debtor or prospective Debtor is conducted using a notification letter by the Reporting Entity.
Paragraph (2)
Written requests from the Debtor or prospective Debtor to the Reporting Entity are conducted using a request letter.
Article 18
Paragraph (1)
Sufficiently clear.
Paragraph (2)
What is meant by “submitted directly by the Debtor” is that the relevant Debtor visits the OJK or the Reporting Entity's office.
Paragraph (3)
Sufficiently clear.
Article 19
Sufficiently clear.
Article 20
Sufficiently clear.
Article 21
Sufficiently clear.
Article 22
Sufficiently clear.
Article 23
Sufficiently clear.
Article 24
Paragraph (1)
The date a complaint is received is the date recorded in the complaint administration maintained by the Reporting Entity.
Paragraph (2)
What is meant by “requiring special investigation” includes cases where there are indications of fraud in the credit or financing sector.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
The resolution of complaints regarding inaccuracies in Debtor Information is evidenced by a complaint resolution agreement document.
Article 25
Sufficiently clear.
Article 26
Paragraph (1)
The Reporting Entity submits corrections to Debtor Reports to the OJK immediately after the correction is made.
Paragraph (2)
Sufficiently clear.
Article 27
Letter a
Sufficiently clear.
Letter b
What is meant by “steps taken in the context of system and data maintenance and security” includes the implementation of data backup (back-up) of Debtor data after the submission of Debtor Reports and/or corrections to Debtor Reports on a monthly basis, as well as periodic antivirus updates and network checks. Letter c Sufficiently clear. Letter d Sufficiently clear.
Article 28
Sufficiently clear.
Article 29
Sufficiently clear.
Article 30
Paragraph (1)
Sufficiently clear.
Paragraph (2)
What is meant by “principle of segregation of duties” includes the separation of tasks between the working unit or unit that submits Debtor Reports and verifies Debtor Reports from the working unit or unit that performs the function of resolving Debtor complaints. Paragraph (3) Sufficiently clear. Paragraph (4) Sufficiently clear.
Article 31
Paragraph (1)
Supervision is conducted through:
a. direct supervision, which is direct supervision conducted by inspecting the Reporting Entity; and/or b. indirect supervision, which is indirect supervision through research, analysis, and evaluation of Debtor Reports submitted by the Reporting Entity to the OJK and/or other information obtained by the OJK. Paragraph (2) Sufficiently clear. Paragraph (3) Sufficiently clear.
Article 32
Sufficientally clear.
Article 33
Paragraph (1)
Letter a
Asset calculation as the basis for imposing administrative sanctions in the form of fines in numbers 1 and 2 is based on the amount of assets at the time of the reporting position. Number 1 Example:
If a Reporting Entity with assets of at least Rp500,000,000,000.00 (five hundred billion Rupiah) submits Debtor Reports for February 2018 on Friday, March 16, 2018, the Reporting Entity is declared late in submitting Debtor Reports for 4 (four) working days, namely Tuesday, Wednesday, Thursday, and Friday, so the Reporting Entity is subject to a fine of 4 x Rp1,000,000.00 = Rp4,000,000.00.
Number 2
Example:
If a Reporting Entity with assets less than Rp500,000,000,000.00 (five hundred billion Rupiah) submits Debtor Reports for February 2018 on Friday, March 16, 2018, the Reporting Entity is declared late in submitting Debtor Reports for 4 (four) working days, namely Tuesday, Wednesday, Thursday, and Friday, so the Reporting Entity is subject to a fine of 4 x Rp100,000.00 = Rp400,000.00. Letter b Reporting Entities as referred to in the examples of numbers 1 and 2, in addition to being subject to administrative sanctions in the form of fines, are also subject to administrative sanctions in the form of suspension of providing Debtor Information from March 13, 2018, to March 16, 2018.
Paragraph (2)
Letter a
Asset calculation as the basis for imposing administrative sanctions in the form of fines in numbers 1 and 2 is based on the amount of assets at the time of the reporting position. Number 1 Example:
If a Reporting Entity with assets of at least Rp500,000,000,000.00 (five hundred billion Rupiah) does not submit Debtor Reports for May 2018 until the end of June 2018, then the Reporting Entity submits Debtor Reports on July 10, 2018, the Reporting Entity is declared not to have submitted Debtor Reports and is subject to sanctions in the form of a fine of Rp50,000,000.00 (fifty million Rupiah). Number 2 Example:
If a Reporting Entity with assets less than Rp500,000,000,000.00 (five hundred billion Rupiah) does not submit Debtor Reports for May 2018 until the end of June 2018, then the Reporting Entity submits Debtor Reports on July 10, 2018, the Reporting Entity is declared not to have submitted Debtor Reports and is subject to sanctions in the form of a fine of Rp5,000,000.00 (five million Rupiah). Letter b Reporting Entities as referred to in the examples of numbers 1 and 2, in addition to being subject to administrative sanctions in the form of fines, are also subject to administrative sanctions in the form of suspension of providing Debtor Information from June 13, 2018, to July 10, 2018.
Article 34
Asset calculation as the basis for imposing administrative sanctions in the form of fines in paragraphs (1), (2), and (3) is based on the amount of assets at the time of the reporting position. Paragraph (1) Letter a Example:
If a Reporting Entity with assets of at least Rp500,000,000,000.00 (five hundred billion Rupiah) submits corrections to Debtor Reports for February 2018 on Friday, March 16, 2018, online, with 10 corrected Debtors, the Reporting Entity is declared late in submitting corrections to Debtor Reports for 4 (four) working days, namely Tuesday, Wednesday, Thursday, and Friday, so the Reporting Entity is subject to a fine of 10 x 4 x Rp50,000.00 = Rp2,000,000.00. Letter b Example:
If a Reporting Entity with assets less than Rp500,000,000,000.00 (five hundred billion Rupiah) submits corrections to Debtor Reports for October 2018 on Wednesday, November 21, 2018, offline, with 10 corrected Debtors, the Reporting Entity is declared late in submitting corrections to Debtor Reports for 3 (three) working days, namely Friday, Monday, and Wednesday, so the Reporting Entity is subject to a fine of 10 x 3 x Rp10,000.00 = Rp300,000.00.
Paragraph (2)
OJK findings may include results of OJK supervision, information from Debtors, and/or information from other Reporting Entities.
Letter a
Example:
OJK notifies a Reporting Entity with assets of at least Rp500,000,000,000.00 (five hundred billion Rupiah) to make corrections to 10 (ten) Debtors for 2 (two) months of Debtor Reports. Based on these findings, the Reporting Entity is subject to a fine of 10 x 2 x Rp50,000.00 = Rp1,000,000.00. Letter b Example:
OJK notifies a Reporting Entity with assets less than or equal to Rp500,000,000,000.00 (five hundred billion Rupiah) to make corrections to 10 (ten) Debtors for 2 (two) months of Debtor Reports. Based on these findings, the Reporting Entity is subject to a fine of 10 x 2 x Rp10,000.00 = Rp200,000.00.
Paragraph (3)
Letter a
Number 1
Example:
If a Reporting Entity with assets of at least Rp500,000,000,000.00 (five hundred billion Rupiah) submits corrections to Debtor Reports for February 2018 based on OJK findings, on Friday, March 16, 2018, online, regarding 10 (ten) Debtors for 2 (two) months of Debtor Reports, the Reporting Entity is declared late and subject to sanctions in the form of a fine of 10 x 2 x Rp50,000.00 = Rp1,000,000.00. Number 2 Example:
If a Reporting Entity with assets less than Rp500,000,000,000.00 (five hundred billion Rupiah) submits corrections to Debtor Reports for February 2018 based on OJK findings, on Friday, March 16, 2018, online, regarding 10 (ten) Debtors for 2 (two) months of Debtor Reports, the Reporting Entity is declared late and subject to sanctions in the form of a fine of 10 x 2 x Rp10,000.00 = Rp200,000.00. Letter b Reporting Entities as referred to in the examples of numbers 1 and 2, in addition to being subject to administrative sanctions in the form of fines, are also subject to administrative sanctions in the form of suspension of providing Debtor Information from March 13, 2018, to March 16, 2018.
Article 35
Sufficiently clear.
Article 36
Sufficiently clear.
Article 37
Example:
A Reporting Entity is designated as a SLIK Reporting Entity in September 2017. The Reporting Entity is subject to sanctions for violations in submitting Debtor Reports for October 2018, which must be reported by November 12, 2018.
Article 38
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Debtor Reports for June 2017 must be reported by July 19, 2017.
Debtor Reports for July 2017 must be reported by August 22, 2017.
Offline Debtor Reports for July 2017 must be reported by August 25, 2017.
Article 39
Until December 31, 2017, reporting obligations follow the provisions as regulated in Bank Indonesia Regulation Number 9/14/PBI/2007 dated November 30, 2007, concerning the Debtor Information System, as amended by Bank Indonesia Regulation Number 18/21/PBI/2016 concerning Amendments to Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System and this OJK Regulation.
Article 40
Sufficiently clear.
Article 41
Sufficiently clear.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6049
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
RegAlert holds no document that amends or replaces this one. This is not a check that it is in force: confirm with the regulator.
“Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System (State Gazette of the Republic of Indonesia Year 2007 Number 143”
“Law Number 21 of 2011 concerning the Financial Services Authority (State Gazette of the Republic of Indonesia Year 2011 Number 111”
“as amended by Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking”
“Law Number 21 of 2008 concerning Sharia Banking (State Gazette of the Republic of Indonesia Year 2008 Number 94”
“Law Number 7 of 1992 concerning Banking (State Gazette of the Republic of Indonesia Year 1992 Number 31”
“and POJK No. 18/POJK.03/2017 as amended several times”
“Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Reporting and Request for Information on Debtors through the Financial Information Services System”
More like this from OJK
We email you every new OJK publication the day it's published.
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
In RegAlert: added · updated