2020-06-02 | 34/POJK.03/2020Added · Updated
This regulation permits Community Credit Banks (BPR) and Sharia Community Financing Banks (BPRS) to apply temporary policy adjustments effective from April 1, 2020, to March 31, 2021, in response to the COVID-19 pandemic. The allowed measures include forming general impairment provisions for performing assets, calculating the percentage of collateral taken over as a core capital reduction factor, providing funds via inter-bank placements for liquidity management, and reducing or waiving human resource training fund requirements. Inter-bank placements for liquidity purposes are exempt from standard credit limits but are capped at 30% of the bank's capital, requiring specific reporting and action plans if exceeded.
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REGULATION OF THE FINANCIAL SERVICES AUTHORITY OF THE REPUBLIC OF INDONESIA NUMBER 34/POJK.03/2020 CONCERNING POLICIES FOR COMMUNITY CREDIT BANKS AND SHARIA COMMUNITY FINANCING BANKS AS A RESULT OF THE SPREAD OF CORONAVIRUS DISEASE 2019 BY THE GRACE OF THE ALMIGHTY GOD THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering:
a. that the development of the spread of Coronavirus Disease 2019 (COVID-19) in the territory of Indonesia has a fairly significant impact on the performance of community credit banks and Sharia community financing banks; b. that the increased potential for credit risk and weakening of cash inflows can disrupt the performance of community credit banks and Sharia community financing banks, and can affect the growth of the community credit bank and Sharia community financing bank industry;
c. that to encourage the optimization of the performance of the community credit bank and Sharia community financing bank industry, it is necessary to adopt policies for community credit banks and Sharia community financing banks as a result of the spread of Coronavirus Disease 2019 (COVID-19)
while still paying attention to the principle of prudence; d. that based on the considerations as referred to in letters a, b, and c, it is necessary to establish a Regulation of the Financial Services Authority concerning Policies for Community Credit Banks and Sharia Community Financing Banks as a Result of the Spread of Coronavirus Disease 2019; Recalling:
DECIDES:
Establishing: REGULATION OF THE FINANCIAL SERVICES AUTHORITY CONCERNING POLICIES FOR COMMUNITY CREDIT BANKS AND SHARIA COMMUNITY FINANCING BANKS AS A RESULT OF THE SPREAD OF CORONAVIRUS DISEASE 2019.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Regulation of the Financial Services Authority, the following terms are meant as:
Article 2
(1) BPR or BPRS may apply policies for BPR and BPRS as a result of the spread of Coronavirus Disease 2019 (COVID-19).
(2) The application of policies for BPR and BPRS as a result of the spread of Coronavirus Disease 2019 (COVID-19) consists of:
a. the formation of provisions for write-off of productive assets; b. the calculation of the value of collateral taken over as a factor reducing core capital in the calculation of minimum capital adequacy requirements;
c. the provision of funds in the form of inter-bank fund placements; and/or
d. the provision of funds for education and training of human resources.
(3) BPR or BPRS in applying policies as referred to in paragraph (2) must still pay attention to the principle of prudence.
(4) In the event that BPR or BPRS applies policies as referred to in paragraph (2), BPR and BPRS must carry out:
a. adjustments to guidelines for all policies implemented; and b. adequate documentation and administration for all policies implemented.
(5) Documentation and administration for each policy implemented as referred to in paragraph (4) letter b must at least contain:
a. provisions for write-off of productive assets:
CHAPTER II
PROVISIONS FOR WRITE-OFF OF PRODUCTIVE ASSETS
Article 3
BPR or BPRS may:
a. form general provisions for write-off of productive assets for productive assets with performing quality of less than 0.5% (zero point five percent) of productive assets with performing quality; or b. not form general provisions for write-off of productive assets for productive assets with performing quality, in accordance with the provisions of the Regulation of the Financial Services Authority concerning the quality of productive assets and the formation of provisions for write-off of productive assets.
CHAPTER III
COLLATERAL TAKEN OVER
Article 4
(1) BPR or BPRS calculates the percentage of the value of collateral taken over as a factor reducing core capital in the calculation of minimum capital adequacy requirements for BPR and BPRS. (2) The calculation of the percentage of the value of collateral taken over as referred to in paragraph (1) uses the position of the March 2020 monthly report.
CHAPTER IV
PROVISION OF FUNDS IN THE FORM OF INTER-BANK FUND PLACEMENTS
Article 5
(1) BPR or BPRS may provide funds in the form of inter-bank fund placements to other BPR and BPRS to address liquidity problems in other BPR and BPRS.
(2) The provision of funds in the form of inter-bank fund placements to other BPR and BPRS as referred to in paragraph (1) is exempt from the maximum credit limit or maximum fund disbursement limit. (3) The provision of funds in the form of inter-bank fund placements to other BPR and BPRS as referred to in paragraph (1) must meet the following provisions:
a. at most 30% (thirty percent) of the capital of BPR and BPRS; and b. based on a statement letter from:
Article 6
(1) In the event that the provision of funds in the form of inter-bank fund placements to other BPR and BPRS to address liquidity problems in other BPR and BPRS as referred to in Article 5 paragraph (1) exceeds 30% (thirty percent) of the capital of BPR and BPRS, the BPR or BPRS making the fund placement must prepare an action plan for resolution steps and target completion times to still meet the provisions as referred to in Article 5 paragraph (3) letter a. (2) BPR or BPRS submits the action plan for resolution steps and target completion times as referred to in paragraph (1) to the Financial Services Authority at the latest 1 (one) month after the deadline for submitting reports on the provision of funds in the form of inter-bank fund placements for addressing liquidity problems or 14 (fourteen) days since the date of the notification letter from the Financial Services Authority. (3) If in the opinion of the Financial Services Authority the steps and/or target completion times cannot be achieved, the Financial Services Authority may request BPR and BPRS to adjust the submitted action plan. (4) If the time limit as referred to in paragraph (2) falls on a Saturday, Sunday, and/or national holiday, BPR or BPRS submits the action plan for resolution steps and target completion times on the next working day.
CHAPTER V
PROVISION OF FUNDS FOR EDUCATION AND TRAINING OF HUMAN RESOURCES
Article 7
(1) BPR or BPRS may provide funds for education and training for the development of human resources of less than 5% (five percent) of the realization of human resource costs in the previous year. (2) BPR or BPRS may not change the business plan in the event of changes to the planned costs or budget for education and training for the development of human resources.
CHAPTER VI
REPORTING
Article 8
(1) BPR or BPRS that provides funds as referred to in Article 5 submits a report on the provision of funds in the form of inter-bank fund placements for addressing liquidity problems at the latest on the 10th (ten) of the following month after the provision of such funds. (2) The report format as referred to in paragraph (1) is contained in the Appendix which is an integral part of this Regulation of the Financial Services Authority. (3) If the 10th (ten) date as referred to in paragraph (1) falls on a Saturday, Sunday, and/or national holiday, BPR or BPRS submits the report on the provision of funds in the form of inter-bank fund placements for addressing liquidity problems on the next working day.
CHAPTER VII
PERIOD OF VALIDITY OF POLICIES FOR BPR AND BPRS
Article 9
The application of policies for BPR and BPRS as referred to in Article 3 and Article 4 takes effect retroactively from April 1, 2020.
Article 10
The application of policies for BPR and BPRS in accordance with the provisions of this Regulation of the Financial Services Authority is valid until March 31, 2021.
CHAPTER VIII
CLOSING PROVISIONS
Article 11
At the time this Regulation of the Financial Services Authority takes effect:
a. Bank Indonesia Regulation Number 13/5/PBI/2011 concerning the Maximum Limit for Disbursement of Funds for Sharia Community Financing Banks (State Gazette of the Republic of Indonesia Year 2011 Number 11, Supplement to the State Gazette of the Republic of Indonesia Number 5191); b. Regulation of the Financial Services Authority Number 5/POJK.03/2015 concerning Minimum Capital Adequacy Requirements and Fulfillment of Minimum Core Capital for Community Credit Banks (State Gazette of the Republic of Indonesia Year 2015 Number 73, Supplement to the State Gazette of the Republic of Indonesia Number 5686);
c. Regulation of the Financial Services Authority Number 66/POJK.03/2016 concerning Minimum Capital Adequacy Requirements and Fulfillment of Minimum Core Capital for Sharia Community Financing Banks (State Gazette of the Republic of Indonesia Year 2016 Number 299, Supplement to the State Gazette of the Republic of Indonesia Number 5989);
d. Regulation of the Financial Services Authority Number 47/POJK.03/2017 concerning the Obligation to Provide Funds for Education and Training for the Development of Human Resources of Community Credit Banks and Sharia Community Financing Banks (State Gazette of the Republic of Indonesia Year 2017 Number 153, Supplement to the State Gazette of the Republic of Indonesia Number 6096); e. Regulation of the Financial Services Authority Number 49/POJK.03/2017 concerning the Maximum Limit for Credit Grants for Community Credit Banks (State Gazette of the Republic of Indonesia Year 2017 Number 155, Supplement to the State Gazette of the Republic of Indonesia Number 6098); f. Regulation of the Financial Services Authority Number 33/POJK.03/2018 concerning the Quality of Productive Assets and the Formation of Provisions for Write-off of Productive Assets for Community Credit Banks (State Gazette of the Republic of Indonesia Year 2018 Number 258, Supplement to the State Gazette of the Republic of Indonesia Number 6284); and g. Regulation of the Financial Services Authority Number 29/POJK.03/2019 concerning the Quality of Productive Assets and the Formation of Provisions for Write-off of Productive Assets for Sharia Community Financing Banks (State Gazette of the Republic of Indonesia Year 2019 Number 228, Supplement to the State Gazette of the Republic of Indonesia Number 6424), are declared still valid as long as they do not conflict with the provisions in this Regulation of the Financial Services Authority.
Article 12
This Regulation of the Financial Services Authority takes effect on the date of enactment.
This copy is consistent with the original
Deputy Director of Legal Consultation and
Banking Regulation Harmonization 1
Legal Directorate 1
Legal Department signed
Wiwit Puspasari
For the knowledge of everyone, ordering the enactment of this Regulation of the Financial Services Authority by placing it in the State Gazette of the Republic of Indonesia. Established in Jakarta on May 26, 2020 CHAIRMAN OF THE COMMISSIONERS FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA, signed WIMBOH SANTOSO Enacted in Jakarta on June 2, 2020 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, signed YASONNA H. LAOLY SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2020 NUMBER 139
EXPLANATION
OF
REGULATION OF THE FINANCIAL SERVICES AUTHORITY OF THE REPUBLIC OF INDONESIA NUMBER 34/POJK.03/2020 CONCERNING POLICIES FOR COMMUNITY CREDIT BANKS AND SHARIA COMMUNITY FINANCING BANKS AS A RESULT OF THE SPREAD OF CORONAVIRUS DISEASE 2019
I. GENERAL
The spread of Coronavirus Disease 2019 (COVID-19) in the territory of Indonesia has an impact on increased risks in the operations of BPR and BPRS. The impact of increased risks mentioned has the potential to disrupt the performance of BPR and BPRS and can affect the resilience of BPR and BPRS, so that some provisions are deemed necessary to be temporarily adjusted.
Policies for BPR and BPRS as a result of the spread of Coronavirus Disease 2019 (COVID-19) are aimed at encouraging the performance of the BPR and BPRS industry to continue to support the growth of the BPR and BPRS industry, namely through the provision of policies regarding the formation of provisions for write-off of productive assets, the calculation of the value of collateral taken over as a factor reducing core capital in the calculation of minimum capital adequacy requirements, the calculation of the provision of funds in the form of inter-bank fund placements, and/or the provision of funds for education and training of human resources.
Policies for BPR and BPRS as a result of the spread of Coronavirus Disease 2019 (COVID-19) are implemented while still paying attention to the principle of prudence accompanied by a monitoring mechanism to prevent misuse in the implementation of provisions (moral hazard). Policies for BPR and BPRS as a result of the spread of Coronavirus Disease 2019 (COVID-19) are temporary so they need to be evaluated and adjusted.
In this regard, regulations regarding policies for BPR and BPRS as a result of the spread of Coronavirus Disease 2019 (COVID-19) are needed in this Regulation of the Financial Services Authority.
II. ARTICLE BY ARTICLE
Article 1
Clear enough.
Article 2
Paragraph (1)
Clear enough.
Paragraph (2)
Clear enough.
Paragraph (3)
Clear enough.
Paragraph (4)
Clear enough.
Paragraph (5)
Letter a
Number 1
Regulation of the Financial Services Authority concerning the quality of productive assets and the formation of provisions for write-off of productive assets:
Number 2
Clear enough.
Letter b
Clear enough.
Letter c
Clear enough.
Letter d
Clear enough.
Article 3
Clear enough.
Article 4
Paragraph (1)
The calculation of the percentage of the value of collateral taken over as a factor reducing core capital in the calculation of minimum capital adequacy requirements for BPR and BPRS in accordance with:
Paragraph (2)
Example:
On January 1, 2020, BPR or BPRS "A" took over collateral in the form of land and/or buildings submitted by customers with a net realization value of Rp100,000,000.00 (one hundred million rupiah). If after 1 (one) year since the date of taking over the collateral, namely after December 31, 2020, BPR or BPRS "A" has not been able to liquidate the collateral taken over, then the duration of the collateral taken over by BPR or BPRS "A" that is calculated is the duration of the collateral taken over up to the position of the March 2020 monthly report, so that the value of the collateral taken over by BPR or BPRS "A" is not yet calculated as a factor reducing the core capital of BPR or BPRS "A". The duration of the collateral taken over by BPR or BPRS "A" will be calculated again after March 31, 2021.
Article 5
Paragraph (1)
The provision of funds in the form of inter-bank fund placements to other BPR and BPRS in accordance with the maximum credit limit or maximum fund disbursement limit:
Paragraph (2)
Clear enough.
Paragraph (3)
Letter a
A percentage of 30% (thirty percent) is calculated for the total provision of funds in the form of inter-bank fund placements to other BPR and BPRS, excluding the percentage of inter-bank fund placements to related parties and unrelated parties that exist and are not for addressing liquidity problems in other BPR and BPRS.
Letter b
The signing of the statement letter is carried out by the Board of Directors members of BPR and BPRS with the knowledge of the Board of Commissioners members of BPR and BPRS.
Article 6
Paragraph (1)
The target completion time for fund placements for addressing liquidity problems for BPR and BPRS is set as soon as possible.
Paragraph (2)
Action plans can be submitted by BPR and BPRS through official electronic mail facilities addressed to the Regional Office of the Financial Services Authority or the Local Office of the Financial Services Authority in accordance with the territory where the head office of BPR and BPRS is located. Notification letters from the Financial Services Authority based on the results of the Financial Services Authority's examination of the provision of funds in the form of inter-bank fund placements to other BPR and BPRS for addressing liquidity problems in other BPR and BPRS.
Paragraph (3)
Clear enough.
Paragraph (4)
Clear enough.
Article 7
Paragraph (1)
Funds for education and training for the development of human resources, namely funds for education and training for the development of human resources for the year 2020. Funds for education and training for the development of human resources in accordance with the provisions of the Regulation of the Financial Services Authority concerning the provision of human resource funds for BPR and BPRS.
Paragraph (2)
Clear enough.
Article 8
Paragraph (1)
Reports can be submitted by BPR and BPRS through official electronic mail facilities addressed to the Regional Office of the Financial Services Authority or the Local Office of the Financial Services Authority in accordance with the territory where the head office of BPR and BPRS is located. Reports on the provision of funds in the form of inter-bank fund placements include if there is an increase in the amount of provision of funds for other BPR and BPRS in the same account.
Paragraph (2)
Clear enough.
Paragraph (3)
Clear enough.
Article 9
Takes effect retroactively from April 1, 2020, namely the calculation of the position of the April 2020 monthly report for provisions for write-off of productive assets and collateral taken over submitted in May 2020.
Article 10
Clear enough.
Article 11
Clear enough.
Article 12
Clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6520
APPENDIX
REGULATION OF THE FINANCIAL SERVICES AUTHORITY NUMBER 34/POJK.03/2020 CONCERNING POLICIES FOR COMMUNITY CREDIT BANKS AND SHARIA COMMUNITY FINANCING BANKS AS A RESULT OF THE SPREAD OF CORONAVIRUS DISEASE
REPORT ON THE PROVISION OF FUNDS IN THE FORM OF INTER-BANK FUND PLACEMENTS FOR ADDRESSING LIQUIDITY PROBLEMS
A. Report Format for the Provision of Funds in the Form of Inter-Bank Fund Placements for Addressing Liquidity Problems Name of BPR/BPRS : Capital of BPR/BPRS :
Address of BPR/BPRS : Limit on the Provision of Funds in the Form of Inter-Bank Fund Placements for Addressing Liquidity Problems (30% of Capital of BPR/BPRS) : Report Position :
No.
BPR/BPRS Code
Type of Fund Provision
Relationship with
BPR/BPRS
At the Time of Provision/Realization of Fund Provision Quality Resolution Plan Account Number Date of Fund Provision/ Debit Balance Start of Maturity
Amount of Fund Provision/Debit Balance at Other BPR/BPRS Amount of Excess Fund Provision
B. Explanation of the Provision of Funds in the Form of Inter-Bank Fund Placements for Addressing Liquidity Problems
Name of BPR/BPRS
The name reported in this column is the legal entity of BPR or BPRS, whether a limited liability company (PT), regional company (PD), regional public company (Perumda), regional joint-stock company (Perseroda), or cooperative, and the name of BPR/BPRS as registered with the Financial Services Authority in accordance with the provisions of the Financial Services Authority Circular Letter concerning monthly reports for BPR and BPRS.
Address of BPR/BPRS
The address reported in this column is the head office address of BPR or BPRS in accordance with the provisions of the Financial Services Authority Circular Letter concerning monthly reports for BPR and BPRS.
Report Position
The position reported in this column is the reporting month position.
Capital of BPR/BPRS
The capital reported in this column is the capital of BPR or BPRS, namely the amount of core capital plus supplementary capital in accordance with the provisions of the Regulation of the Financial Services Authority concerning minimum capital adequacy requirements and fulfillment of minimum core capital for BPR and BPRS at the end of the month before the reporting month.
Limit on the Provision of Funds in the Form of Inter-Bank Fund Placements for Addressing Liquidity Problems (30%
of Capital of BPR/BPRS)
The limit reported in this column is the limit on the provision of funds in the form of inter-bank fund placements permitted for addressing liquidity problems.
BPR/BPRS Code
The BPR or BPRS code reported in this column is the code of other BPR or BPRS receiving the fund placement.
Type of Fund Provision
The type of fund provision reported in this column is the type of fund provision in the form of inter-bank fund placements to other BPR or BPRS in the form of savings, deposits, credits, and/or financing provided.
Relationship with BPR/BPRS
The relationship reported in this column is the connection between BPR or BPRS and other BPR or BPRS receiving fund placements in accordance with the provisions of the Regulation of the Financial Services Authority concerning the maximum limit for credit grants for community credit banks
Rural Credit Banks and regulations regarding the maximum limit of fund disbursement by Islamic Rural Financing Banks. Reported in this column as follows:
a. Related Parties, namely other BPRs or BPRSs that receive fund placements meeting the criteria as related parties in accordance with Financial Services Authority Regulations regarding the maximum limit of credit granting by Rural Credit Banks and regulations regarding the maximum limit of fund disbursement by BPRSs; or b. Unrelated Parties, namely other BPRs or BPRSs that receive fund placements and cannot be grouped under letter a.
Quality
Reported in this column is the quality of interbank fund placements in accordance with Financial Services Authority Regulations regarding the quality of productive assets and the formation of provisions for write-off of productive assets of Rural Credit Banks and Islamic Rural Financing Banks.
Settlement Plan
Reported in this column is the settlement plan for fund provision in the form of interbank fund placements
This copy is consistent with the original
Deputy Director of Legal Consultation and
Harmonization of Banking Regulations 1
Legal Directorate 1
Legal Department signed
Wiwit Puspasari to address liquidity problems:
a. with a completion time target of at most March 31, 2021; or b. with the earliest possible time target if the fund provision exceeds the limit of fund provision in the form of interbank fund placements permitted for addressing liquidity problems in BPRs or BPRSs.
Total Fund Provision/Debit Balance in Other BPRs/BPRSs
Reported in this column is the total amount of fund provision in the form of interbank fund placements to BPRs or BPRSs for addressing liquidity problems.
Total Excess Fund Provision
Reported in this column is the excess difference between the total fund provision/debit balance in BPRs/BPRSs and the limit of fund provision in the form of interbank fund placements for addressing liquidity problems (30% of BPR/BPRS capital).
Report Submitted via BPR or BPRS Letter
The report is submitted via a letter from the BPR or BPRS that made the fund placement, signed by the members of the board of directors of the aforementioned BPR or BPRS.
Established in Jakarta on May 26, 2020
CHAIRMAN OF THE COMMISSIONERS COUNCIL
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
WIMBOH SANTOSO
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