2024-07-31 | POJK 11 Tahun 2024Added
The Financial Services Authority expands the scope of the Financial Information Service System (SLIK) to include insurance companies, Sharia insurance companies, guarantee companies, Sharia guarantee companies, and technology-based co-lending service providers as mandatory reporters. The regulation updates definitions to encompass risk management, guarantee, and co-lending services, and mandates that these entities submit debtor information covering these new facility types. Transitional provisions allow existing pledge lenders and specific SME financing companies until December 31, 2025, while new entity categories have one year from the regulation's promulgation to comply. The amendment also clarifies reporting procedures, data usage restrictions, and administrative sanctions for non-compliance.
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COPY
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 11 OF 2024
CONCERNING
THE SECOND AMENDMENT TO THE FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 18/POJK.03/2017 CONCERNING DEBTOR INFORMATION REPORTING AND REQUESTS THROUGH THE FINANCIAL INFORMATION SERVICE SYSTEM BY THE GRACE OF GOD THE ALMIGHTY THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY,
Considering:
a. that in order to provide more comprehensive debtor information, it is necessary to add supporting information regarding funding provision activities, including insurance/risk management, guarantee, and technology-based co-lending services provided by the insurance sector, venture capital, microfinance institutions, financing institutions, and other financial service institutions; b. that with the addition of the scope of reporters and reported information as referred to in letter a, it is necessary to adjust the Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Debtor Information Reporting and Requests through the Financial Information Service System as amended by the Financial Services Authority Regulation Number 64/POJK.03/2020 concerning Amendments to the Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Debtor Information Reporting and Requests through the Financial Information Service System;
c. that based on the considerations referred to in letter a and letter b, it is necessary to establish a Financial Services Authority Regulation concerning the Second Amendment to the Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Debtor Information Reporting and Requests through the Financial Information Service System;
Recalling:
DECIDING:
To Establish: FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING THE SECOND AMENDMENT TO THE FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 18/POJK.03/2017 CONCERNING DEBTOR INFORMATION REPORTING AND REQUESTS THROUGH THE FINANCIAL INFORMATION SERVICE SYSTEM.
Article I
Several provisions in the Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Debtor Information Reporting and Requests through the Financial Information Service System (State Gazette of the Republic of Indonesia Year 2017 Number 93, Supplement to the State Gazette of the Republic of Indonesia Number 6049) as amended by the Financial Services Authority Regulation Number 64/POJK.03/2020 concerning Amendments to the Financial Services Authority Regulation Number 18/POJK.03/2017 concerning Debtor Information Reporting and Requests through the Financial Information Service System (State Gazette of the Republic of Indonesia Year 2020 Number 302, Supplement to the State Gazette of the Republic of Indonesia Number 6607) are amended as follows:
Article 1
In this Financial Services Authority Regulation:
Financial Services Authority, hereinafter abbreviated as OJK, is an independent institution that has the function, duties, and authority for regulation, supervision, examination, and investigation.
Financial Service Institution, hereinafter abbreviated as LJK, is an institution that carries out activities in the banking sector, capital market, insurance, pension funds, venture capital, microfinance institutions, financing institutions, and other financial service institutions.
General Bank is a bank that carries out conventional business activities or carries out business activities based on Sharia principles, which in its activities provides services in the payment circulation, including branch offices of banks located abroad and Sharia business units.
People's Economy Bank, hereinafter abbreviated as BPR, is a bank that carries out conventional business activities which in its activities do not provide services in the payment circulation.
Sharia People's Economy Bank, hereinafter abbreviated as BPRS, is a bank that carries out business activities based on Sharia principles which in its activities do not provide services in the payment circulation.
Financing Institution is a business entity that carries out financing activities in the form of providing funds or capital goods.
6a. Securities Company is a party that carries out business activities as an underwriter of securities, securities broker-intermediary, and/or investment manager.
6b. Securities Financing Institution is a party that carries out financing activities for securities transactions.
6c. Insurance Company is a general insurance company and life insurance company as referred to in legislation concerning insurance.
6d. Sharia Insurance Company is a Sharia general insurance company and Sharia life insurance company as referred to in legislation concerning insurance.
6e. Technology-Based Co-Lending Service Provider, hereinafter referred to as LPBBTI Provider, is an Indonesian legal entity that provides, manages, and operates technology-based co-lending services either conventionally or based on Sharia principles.
6f. Guarantee Company is a legal entity operating in the financial sector with business activities to provide guarantees as referred to in legislation concerning guarantees.
6g. Sharia Guarantee Company is a legal entity operating in the financial sector with business activities to provide Sharia guarantees as referred to in legislation concerning guarantees.
Deleted.
Reporter is a party that reports and requests debtor information through the financial information service system to the OJK.
Debtor is an individual, company, or party that receives facilities from the Reporter in the form of funding provision, insurance/risk management, guarantee, and/or technology-based co-lending services.
Debtor Report is information presented and reported by the Reporter to the OJK according to the reporting procedures, report forms, and reporting media determined by the OJK.
Funding Provision Facility is the provision of funds by the Reporter to the Debtor, either in Rupiah or foreign currency in the form of loans or financing, securities, and administrative account transactions, as well as other forms of facilities that can be equated with them, including those based on Sharia principles as regulated in legislation.
Debtor Information is information regarding the Debtor, facilities received by the debtor in the form of Funding Provision Facilities, insurance/risk management, guarantee, and/or technology-based co-lending services, and/or other related information presented based on Debtor Reports received by the OJK from the Reporter.
Financial Information Service System, hereinafter abbreviated as SLIK, is an information system managed by the OJK to support the implementation of supervision duties and information services in the financial sector.
Credit Information Management Institution, hereinafter abbreviated as LPIP, is an institution or body that collects and processes credit or financing data and other data to generate credit information.
The provision of Article 2 is amended, so that it reads as follows:
Article 2
(1) Parties required to become Reporters include:
a. General Banks; b. BPR;
c. BPRS;
d. Financing Institutions that provide Funding Provision Facilities; e. Securities Companies conducting business activities as securities broker-intermediaries; f. Securities Financing Institutions; g. Insurance Companies marketing credit insurance and/or suretyship products; h. Sharia Insurance Companies marketing Sharia financing insurance and/or Sharia suretyship products;
i. Guarantee Companies;
j. Sharia Guarantee Companies; k. LPBBTI Providers;
l. Other LJKs that provide Funding Provision Facilities including Indonesian export financing institutions, pawnshops, secondary housing financing companies, and financing companies for infrastructure development, cooperatives, small and medium enterprises; and
m. LJKs required to become Reporters in accordance with OJK Regulations.
(2) Sharia business units are required to become Reporters if the parties required to become Reporters as referred to in paragraph (1) letters a, d, g, i, k, l, and m have Sharia business units.
(3) The procedures for becoming a Reporter for parties as referred to in paragraph (1) are regulated by the OJK.
Article 2A
The OJK has the authority to determine the time for becoming a Reporter for parties as referred to in Article 2 based on certain considerations.
Article 3
(1) LJKs that provide Funding Provision Facilities or insurance/risk management, other than parties as referred to in Article 2 paragraph (1), may become Reporters by submitting an application and obtaining OJK approval by meeting requirements.
(1a) The requirements as referred to in paragraph (1) include:
a. having adequate infrastructure; and b. having data required in the SLIK.
(2) Other institutions that are not LJKs may become Reporters after obtaining OJK approval by meeting requirements:
a. providing Funding Provision Facilities; b. having adequate infrastructure;
c. having data required in the SLIK;
d. signing a participation agreement in reporting and requesting Debtor Information through the SLIK; e. having a healthy financial condition; f. having assets of at least Rp50,000,000,000.00 (fifty billion Rupiah) and/or being an institution that disburses Funding Provision Facilities for the implementation of government programs; and g. willing to submit annual financial reports audited by public accountants to the OJK, no later than the end of the 6th (sixth) month after the end of the fiscal year.
(3) The procedures for becoming a Reporter for LJKs that provide Funding Provision Facilities or insurance/risk management as referred to in paragraph (1) and other institutions that are not LJKs as referred to in paragraph (2) are regulated by the OJK.
Article 4
(1) Reporters are required to submit Debtor Reports to the OJK completely, accurately, up-to-date, wholly, and on time every month for the end-of-month position.
(2) Debtor Reports as referred to in paragraph (1) are required to cover information regarding:
a. Debtors; b. Funding Provision Facilities, insurance/risk management, guarantee, or LPBBTI;
c. Collateral;
d. Guarantors; e. Management and owners; and f. Debtor finances, which originate from the Reporter's headquarters and all Reporter branches.
(3) Debtor Reports are reported by the Reporter's headquarters to the OJK.
(4) Deleted.
(4a) Deleted.
(5) Debtor Reports as referred to in paragraph (2) are required to be prepared in accordance with the Debtor Report preparation guidelines regulated by the OJK.
(6) The scope of Debtor Reports as referred to in paragraph (2) is regulated by the OJK.
Article 10
(1) Reporters submit Debtor Reports as referred to in Article 4 and/or corrections to Debtor Reports as referred to in Article 8 online through the SLIK.
(2) Reporters experiencing technical difficulties in submitting Debtor Reports and/or corrections to Debtor Reports may submit them offline no later than 3 (three) working days after the deadline for submitting Debtor Reports and/or corrections to Debtor Reports with a written notification letter to the OJK accompanied by supporting documents.
(3) Deleted.
(4) Reporters experiencing force majeure conditions so that they are unable to submit Debtor Reports and/or corrections to Debtor Reports online and offline until the deadline for submitting Debtor Reports and/or corrections to Debtor Reports, must notify the OJK in writing to obtain a postponement of the submission deadline for Debtor Reports and/or corrections to Debtor Reports.
(5) Offline Debtor Reports and/or corrections to Debtor Reports as referred to in paragraph (2) and written notifications as referred to in paragraph (2) and paragraph (4) are submitted to:
a. the department carrying out data and statistics management functions, for Reporters headquartered in the Special Capital Region of Jakarta Province or Banten Province; or b. the local OJK office, for Reporters headquartered outside the Special Capital Region of Jakarta Province or Banten Province.
Article 14
(1) Parties who may request Debtor Information consist of:
a. Reporters; b. Debtors;
c. LPIPs; and
d. other parties.
(2) The scope of Debtor Information that may be requested by parties as referred to in paragraph (1) includes:
a. Debtor identity; b. owners and management for corporate Debtors;
c. facilities received by Debtors in the form of Funding Provision Facilities, insurance/risk management, guarantee, or LPBBTI;
d. Collateral; e. Guarantors; f. quality of Funding Provision Facilities, insurance/risk management, guarantee, or financing through LPBBTI; and g. other necessary information.
(3) The scope of Debtor Information for each party as referred to in paragraph (1) is regulated by the OJK.
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 the OJK online through the SLIK.
(2) Online Debtor Information requests as referred to in paragraph (1) may be carried out through the Reporter's headquarters and/or Reporter branches.
(3) Reporters are required to account for all Debtor Information requests through the SLIK made by the Reporter, at least regarding:
a. request date; b. Debtor identity number;
c. Debtor name;
d. purpose of Debtor Information; and e. 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 Provision Facilities, insurance/risk management, guarantee, or LPBBTI; b. applying credit or financing risk management and/or insurance or guarantee risk management;
c. identifying Debtor quality for compliance with OJK or other competent party regulations;
d. human resource management within the Reporter; and/or e. verification for Reporter cooperation with third parties.
(5) Reporters are required to account for documents related to the use of Debtor Information as referred to in paragraph (4) for verification of Debtor Information use.
Article 17
(1) In the event that a Reporter refuses to provide Funding Provision Facilities, insurance/risk management, guarantee, or LPBBTI to a Debtor or prospective Debtor based on Debtor Information, the Reporter is required to provide a written explanation to the Debtor or prospective Debtor.
(2) Written explanations as referred to in paragraph (1) are provided in the event of a written request from the Debtor or prospective Debtor.
Article 32
Reporters who violate provisions as referred to in Article 2 paragraph (1), Article 2 paragraph (3), Article 4 paragraph (1), Article 4 paragraph (2), Article 4 paragraph (5), Article 6, Article 11 paragraph (2), Article 13, Article 15 paragraph (3), Article 15 paragraph (5), 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 29A paragraph (1), Article 30 paragraph (1), Article 30 paragraph (3), Article 30 paragraph (4), and/or Article 31 paragraph (3) are subject to administrative sanctions in the form of written reprimands or written warnings.
CHAPTER XIIA is deleted.
Article 37A is deleted.
Article II
In order that everyone knows it, it is ordered to promulgate this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on July 22, 2024
CHAIRMAN OF THE COMMISSIONERS
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA,
MAHENDRA SIREGAR
Promulgated in Jakarta on July 31, 2024
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2024 NUMBER 18/OJK signed
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 11 OF 2024
CONCERNING
THE SECOND AMENDMENT TO THE FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 18/POJK.03/2017 CONCERNING DEBTOR INFORMATION REPORTING AND REQUESTS THROUGH THE FINANCIAL INFORMATION SERVICE SYSTEM
I. GENERAL
The OJK develops the credit reporting system strategy in Indonesia as one of the recommendations of the World Bank in the Financial Sector Assessment Program (FSAP) Year 2024. In the roadmap for the development of the aforementioned credit reporting system, the OJK expands the scope of the SLIK as a means of exchanging Debtor Information among LJKs, with additional reporting of funding provision transactions by the insurance sector, venture capital, microfinance institutions, financing institutions, and other financial service institutions.
More complete and comprehensive Debtor Information is carried out by adding supporting information, including information on insurance/risk management, guarantee, and technology-based co-lending services. The SLIK is expected to provide more comprehensive Debtor Information to support LJKs in the process of funding provision analysis, application of credit or financing risk management and/or insurance or guarantee risk management, and other activities to support the implementation of business activities at LJKs.
With the need to expand the scope of Reporters and add information related to insurance/risk management, guarantee, and technology-based co-lending services, as well as to increase the effectiveness and efficiency of SLIK implementation, it is necessary to adjust provisions regarding debtor information reporting and requests through the financial information service system.
II. ARTICLE BY ARTICLE
Article I
Item 1
Article 1
Quite clear.
Item 2
Article 2
Paragraph (1)
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
Quite clear.
Letter d
Quite clear.
Letter e
Quite clear.
Letter f
Quite clear.
Letter g
Insurance Companies marketing credit insurance and/or suretyship products include:
a. Insurance Companies marketing credit insurance products that apply subrogation; and b. Insurance Companies marketing suretyship products, as referred to in OJK Regulations concerning insurance products related to credit or Sharia financing and suretyship products or Sharia suretyship products.
Letter h
Sharia Insurance Companies marketing Sharia financing insurance and/or Sharia suretyship products include:
a. Sharia Insurance Companies marketing Sharia financing insurance products that apply subrogation; and/or b. Sharia Insurance Companies marketing Sharia suretyship products, as referred to in OJK Regulations concerning insurance products related to credit or Sharia financing and suretyship products or Sharia suretyship products.
Letter i
Quite clear.
Letter j
Quite clear.
Letter k
Quite clear.
Letter l
What is meant by "financing companies for the development of cooperatives, small and medium enterprises" includes among others PT Sarana Multi Infrastruktur (Persero) and PT Permodalan Nasional Madani.
Letter m
What is meant by "OJK Regulation" includes among others OJK Regulations concerning LJK activities and operations.
Paragraph (2)
Reporting submitted by Sharia business units is carried out separately and independently.
Paragraph (3)
Quite clear.
Item 3
Article 2A
Certain considerations include among others industry readiness.
This copy is in accordance with the original
Director of Legal Development
Legal Department
Aat Windradi
Number 4
Article 3
Paragraph (1)
LJK that provides Funding Facilities or risk insurance/management that can become a Reporter by submitting an application includes, among others, microfinance institutions. What is meant by risk insurance/management is the provision of risk insurance/management services that provide compensation to policyholders, insured parties, or participants due to the occurrence of an uncertain event. Paragraph (1a) Letter a Adequate infrastructure includes, among others, organizational structure, human resources, computer devices, and data communication networks required in SLIK. Letter b Quite clear. Paragraph (2) Letter a Quite clear. Letter b Adequate infrastructure includes, among others, organizational structure, human resources, computer devices, and data communication networks required in SLIK. Letter c Quite clear. Letter d What is meant by “agreement on participation in reporting and requesting Debtor Information through SLIK” is the obligation between the Reporter and OJK regarding the Reporter's participation in SLIK. Letter e Healthy financial condition means the financial condition at the time of registration for a minimum of the last 2 (two) consecutive semesters declared healthy, evidenced by a recommendation from the supervisory authority of the Reporter, other than LJK. Example:
A Cooperative applying to become a Reporter must obtain a recommendation from the ministry or agency that supervises cooperatives, stating that the cooperative has a healthy financial condition for the last 2 (two) consecutive semesters. Letter f Quite clear. Letter g Quite clear.
Paragraph (3)
Quite clear.
Number 5
Article 4
Paragraph (1)
Quite clear.
Paragraph (2)
Debtor Reports submitted cover reports from the head office, branch offices, sub-branch offices, and/or similar entities that provide Funding Facilities, risk insurance/management, guarantees, or co-financing services based on information technology. Letter a Information regarding Debtors includes, among others, information regarding name, identity number, place of birth, date of birth, address, telephone number, mobile number, email address, Taxpayer Identification Number (NPWP), mother's maiden name, partner information, occupation, Debtor's relationship with the Reporter, and Debtor's income. Letter b Information regarding Funding Facilities includes, among others, information regarding the type of fund provision, the amount of facilities provided, and the quality of fund provision, including fund provision that is written off, charged off, or resolved through collateral takeover or judicial resolution, and risk participation transactions. Risk participation transactions reported include risk participation transactions that are part of other Commercial Bank obligations in foreign currency, namely risk participation transactions that meet the following requirements:
a. conducted by Commercial Banks as grantors with other non-resident parties as participants; b. accompanied by the flow of funds from other non-resident parties as participants to Commercial Banks as grantors at the time the transaction becomes effective (funded); and
c. without the transfer of claim rights from Commercial Banks as grantors to other non-resident parties as participants,
according to provisions of laws and regulations regarding foreign debt of banks and other obligations of banks in foreign currency.
Information regarding risk insurance/management or guarantees includes, among others, information regarding the value of guarantees, the amount of subrogation claims, the quality of guarantee values, the quality of subrogation claims related to risk insurance/management, and the quality of subrogation claims related to guarantees. Information regarding co-financing services based on information technology, hereinafter abbreviated as LPBBTI, includes, among others, information regarding LPBBTI users, financing transactions through LPBBTI, and the quality of financing through LPBBTI. The determination of the quality of fund provision, risk insurance/management, guarantees, or financing through LPBBTI is in accordance with the provisions of laws and regulations applicable to each Reporter. Letter c Information regarding collateral includes, among others, 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 includes, among others, information regarding the guarantor's identity number or NPWP, guarantor's name, guarantor's address, and the percentage of the guaranteed portion. Letter e Information regarding managers and owners is reported for the type of Debtor being a legal entity, including, among others, information regarding name, address, identity number or NPWP, position, and ownership share. Letter f Information regarding Debtor's finances is obtained from Debtor's financial reports, including, among others, information regarding balance sheet and profit/loss statement items. Paragraph (3) Quite clear. Paragraph (4) Deleted. Paragraph (4a) Deleted. Paragraph (5) Quite clear. Paragraph (6) Quite clear. Number 6
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 Reporters by sending or transferring records of Debtor Reports and/or corrections to Debtor Reports directly through a network connected to SLIK.
Paragraph (2)
What is meant by “technical disruption” is a disruption that causes Reporters to be unable to submit Debtor Reports and/or corrections to Debtor Reports online, including disruptions to 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 Reporters by submitting records of Debtor Reports and/or corrections to Debtor Reports to OJK, including in the form of compact discs or optical discs. Supporting documents include, among others, letters or announcements from data communication network providers in the event that Reporters experience data communication disruptions and/or letters from electricity providers in the event that Reporters experience power outages, or documents stating that efforts have been made to submit SLIK reports online. Debtor Reports and/or corrections to Debtor Reports submitted offline by Reporters and uploaded by OJK remain the responsibility of the Reporter. Paragraph (3) Deleted. Paragraph (4) Force majeure consists of natural disasters, non-natural disasters, and/or social disasters that disrupt the operational activities of Reporters, which are justified by officials of the competent local government agency. Paragraph (5) Quite clear. Number 7
Article 14
Paragraph (1)
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
Quite 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 OJK, are authorized to obtain Debtor Information, such as the central government, local governments, state agencies, Bank Indonesia, the Deposit Insurance Agency, the Center for Reporting and Analysis of Financial Transactions, and law enforcement agencies in the implementation of duties and authorities based on laws and regulations.
Paragraph (2)
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
Quite clear.
Letter d
Quite clear.
Letter e
Quite clear.
Letter f
Quite clear.
Letter g
Other information required includes, among others, information regarding Debtor's finances.
Paragraph (3)
Quite clear.
Number 8
Article 15
Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.
Paragraph (3)
What is meant by “accounting” is conducting accounting for every request for Debtor Information, both manually and through information technology facilities.
Paragraph (4)
Letter a
Quite clear.
Letter b
Example:
Use of Debtor Information for:
Letter e
Example:
Use of Debtor Information for the selection of the Reporter's partners, agents, merchants, or vendors.
Paragraph (5)
Example:
Documents for the provision of Funding Facilities include, among others, documents for submitting credit or financing application requests to the Reporter.
Number 9
Article 17
Paragraph (1)
The provision of written explanations to Debtors or prospective Debtors is done using notification letters by Reporters.
Paragraph (2)
Written requests from Debtors or prospective Debtors to Reporters are done using application letters.
Number 10
Quite clear.
Number 11
Quite clear.
Number 12
Article 37A
Deleted.
Article II
Number 1
Pergadaian that conducts business activities in distributing loans with fiduciary guarantees in accordance with OJK Regulations regarding pledge.
Number 2
Quite clear.
SUPPLEMENT TO THE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 86/OJK ---
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Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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