Page 1

Banking Regulations

Indonesian
Type:

REGULATION (PER)

By:

THE CHAIRMAN OF THE BOARD OF COMMISSIONERS OF FINANCIAL

SERVICE AUTHORITY

Number:

3/POJK.02/2014

Date:

APRIL 1, 2014 (JAKARTA)

Title:

PROCEDURES FOR THE IMPLEMENTATION OF COLLECTION OF FEE

BY FINANCIAL SERVICE AUTHORITY

BY THE GRACE OF THE ALMIGHTY GOD

BOARD OF COMMISSIONERS OF FINANCIAL SERVICE AUTHORITY,
Considering:
a.

whereas Government Regulation Number 11 Year 2014 regarding Fee by Financial

Service Authority has been stipulated as the implementation of article 37 paragraph
(6) of Law of the Republic of Indonesia Number 21 Year 2011 regarding Financial
Service Authority;

b.

Whereas Government Regulation Number 11 Year 2014 regarding Fee by Financial

Service Authority mandates the drafting of implementing regulation in the form of
Regulation of Financial Service Authority;

c.

Whereas based on the consideration as intended in letter a and letter b, it is

necessary to stipulate Regulation of Service Authority regarding Procedures for the
Implementation of Collection of Fee by Financial Service Authority;

In view of:
1.

Law Number 21 Year 2011 regarding Financial Services Authority (State Gazette of
the Republic of Indonesia Year 2011 Number 111, Supplement to the State Gazette
of the Republic of Indonesia Number 5253);

2.

Government Regulation Number 11 Year 2014 regarding Collection of Fee by

Financial Services Authority (State Gazette of the Republic of Indonesia Year 2014
Number 33, Supplement to the State Gazette of the Republic of Indonesia Number
5504);

HAS DECIDED:
To stipulate:

REGULATION OF FINANCIAL SERVICE AUTHORITY REGARDING

PROCEDURES FOR THE IMPLEMENTATION OF COLLECTION OF FEE
BY FINANCIAL SERVICE AUTHORITY.
Penelitian Hukum Indonesia - Copyright 2014

CHAPTER I
GENERAL PROVISIONS
Article 1
In this Regulation of Financial Services Authorities, referred to as:
1.

Financial Services Authority hereinafter abbreviated to OJK, shall be the Financial

Services Authority as intended in Law Number 21 Year 2011 regarding Financial
Services Authority.

2.

Fee shall be a sum of money payable by a party that conducts activities in financial
service sector as intended in Government Regulation regarding Collection of Fee by
Financial Service Authority.

3.

Party that conducts activities in financial service sector hereinafter referred to as the
Party shall be Financial Service Agency and/or an individual or entity that conducts
activities in financial service sectors.

4.

Financial Service Sector shall be Banking sector, Capital Market, Insurance, Pension
Fund, Financing Institution, and Other Financial Service Institution.

5.

Payer shall be the Party required to pay Fee to OJK.

6.

Commercial Bank shall be Commercial Bank that conducts conventional business

activity and/or based on sharia principals, including branch office and representative
office of the bank abroad.

7.

Paying Bank shall be Bank Indonesia and/or Commercial Bank appointed by OJK to
receive deposit of proceeds from OJK Fee.

8.

OJK Account shall be an account in Paying Bank used by OJK to receive, deposit,
and distribute proceeds from OJK Fee.

9.

Verification shall be a series of activities to verify calculation and payment of OJK

Fee, based on data and information of calculation and payment owned or obtained
by OJK.

10.

Public Offering shall be activities of offering securities conducted by the Issuer to sell
securities to the public based on procedures as set out in Laws and Regulations in
financial service sector.

11.

Securities shall be negotiable papers, such as letter of debt acknowledgment,

commercial paper, shares, bond, certificate of debt, collective investment contract
investment unit, future contracts on Securities, and any derivative thereof.

CHAPTER II
PROCEDURES OF PAYMENT AND CALCULATION OF
OJK FEE

Article 2
(1)

Type of Fee applicable to OJK shall include:

a.

Fee to obtain license, approval, registration, legalization, and review on the

proposed corporate actions; and

b.

Annual fee for the purpose of regulation, supervision, investigation, and

research.

(2)

Type, unit, and amount of OJK Fee as intended in paragraph (1) shall be as set out
in Attachment to Government Regulation regarding Fee by Financial Service
Authority.

(3)

Administrative sanction in the form of penalty on violation of laws and regulations in

the Financial Service Sector shall be a part of revenues from OJK Fee.
Article 3

(1)

Fee as intended in Article 2 paragraph (1) must be paid to OJK Account with the
Paying Bank as appointed by OJK.

(2)

In the event that the OJK account could not receive payment of Fee, Fee shall be
paid through other means of payment as stipulated by OJK.

(3)

Payment of Fee as intended in paragraph (1) and paragraph (2) shall be made by
first filling in the form to be further set out in a Circular Letter of OJK.

(4)

Payment of administrative sanction in the form of penalty as intended in Article 2

paragraph (3) shall be set out in OJK Regulation regarding procedures of collection
of administrative sanction in the form of penalty in the Financial Service Sector.

(5)

Payment of Fee as intended in paragraph (1) shall be rounded into closest rupiah
unit.

(6)

Further provisions regarding mechanism of mandatory Fee payment shall be further

set out in a Circular Letter of OJK.
Article 4

(1)

Fee to obtain license, approval, registration, and legalization as set out in

Government Regulation regarding Fee by Financial Service Authority shall be
payable by the Payer before the submission of the same to OJK.

(2)

Fee for carrying out a review on the proposed corporate act as set out in
Government Regulation as set out in Government Regulation regarding Fee by
Financial Service Authority shall be payable by the Payer before the submission of
the same.

(3)

In the event that the payment as intended in paragraph (1) and paragraph (2) was
made without the submission of document for obtaining the license submission,
approval, registration, legalization, and for conducting review on the proposed
corporate action by no later than 45 (forty five) days, then such payment shall be final
and non-refundable.

(4)

In the event that the Payer fails to make the payment as intended in paragraph (1)
and paragraph (2), then the submission of license, approval, registration, legalization,
and review of such the proposed corporate action shall be declared as has not been
submitted to OJK.

(5)

Payment as intended in paragraph (1) and paragraph (2) shall not determine whether
the license, approval, registration, legalization, and review on the proposed corporate
action will be approved or rejected.

(6)

By taking into account the provisions on paragraph (3), payment as intended in

paragraph (1) and paragraph (2) shall be final and non-refundable.
Article 5

(1)

Registration fee for the Payer to conduct Public Offering as intended in Government
Regulation regarding Fee by Financial Service Authority shall be calculated based on
the value of issuance.

(2)

The value of issuance as intended in paragraph (1) shall be the total gross fund
obtained by the Payer holding a Public Offering after allotment for the purpose of
Public Offering.

(3)

Payment of registration fee as intended in paragraph (1) for the Payer to conduct
Public Offering shall be calculated independently based on total fund that will be
collected as stated in statement of registration document.

(4)

Total registration fee as intended in paragraph (3) shall be recalculated based on the
value of issuance as intended in paragraph (2).

(5)

Payer conducting Public Offering must submit confirmation on the value of issuance
as intended in paragraph (2) by no later than (two) business days after the allotment
for the purpose of Public Offering.

(6)

In the event that the amount of registration fee as intended in paragraph (4) is higher
than payment based on total fund that will be collected as intended in paragraph (3),
any deficit shall be payable to OJK by no later than 5 (five) business days after
confirmation of value of issuance.

(7)

In the event that the total registration fee as intended in paragraph (4) is less than
payment based on total fund that will be collected as intended in paragraph (3), any
surplus shall be refunded by OJK upon obtaining confirmation on the value of
issuance by OJK.

(8)

In the event that the statement of registration for the purpose of Public Offering is null
and void, the payment of registration fee shall be final and non-refundable.

Article 6
(1)

The amount of fee for conducting a review on corporate plan, namely merger or
consolidation of publicly listed company shall be calculated based on the final value
of assets as stated in pro forma financial statements of merger or consolidation of
publicly listed company prior to the effectiveness of statement of merger or
consolidation of publicly listed company.

(2)

In the event that the fee to carry out review on the proposed corporate action in the
form of merger or consolidation of publicly listed company that has been paid is less
than the calculation of fee based on the final value of asset in pro forma financial
statements, such publicly listed company must pay the relevant deficit, by no later
than 5 (five) business days after the effectiveness of statement of fee.

(4)

In the event that the fee for conducting a review on the proposed corporate action,
namely in the form of merger or consolidation of publicly listed company that has
been paid is higher than the calculation of fee based on the final value of assets as
stated in the pro forma financial statements, such surplus shall be refunded by OJK
no later than 5 (five) business days after the effectiveness of statement of merger or
consolidation of publicly listed company.

(5)

Fee to carry out review on the proposed corporate action in the form of acquisition of
publicly listed company shall be payable by the Payer on the same date of
submission of proof of negotiation announcement or in the context of publicly listed
company acquisition to OJK.
Article 7

(1)

Calculation of annual fee of investment manager shall be calculated based on certain

percentage rate as set out in Government Regulation regarding Fee by Financial
Service Authority of daily average of assets under management for 1 (one) year
period of reporting before the obligation of Fee payment occurs.

(2)

Assets under management of investment manager as intended in paragraph (1) shall

be calculated based on the total amount of daily assets under management on
mutual fund products, asset-backed securities, management of share portfolio for
customer interest as individual, limited investment mutual fund, real estate
investment fund and other investment products as stipulated based on laws and
regulations.
Article 8

(1)

Public accountant office, public appraiser office, legal consultant office, notary's
office, and actuarial consultant company, as long as such office has a license,
approval, legalization, or registration from OJK shall be subject to Fee by OJK.

(2)

Calculation of annual fee of public accountant office, public appraiser office, legal
consultant office, notary's office, and actuarial consultant company which rate is
based on contract value in the Financial Service Sector shall be made on the basis of
quarterly contract value in the current year.

Article 9
(1)

(2)

Annual fee as set out in Government Regulation regarding Fee by Financial Service
Authority shall be paid in 4 phases and payment in every phase shall be calculated
by:
a.

Payment of annual fee phase I by no later than April 15, for payment of
obligation in the 1st quarter from January 1 up to March 31 in the current
year;

b.

Payment of annual fee phase II by no later than July 15, for payment of
obligation in the 2nd quarter as from April 1 up to June 30 in the current year;

c.

Payment of annual fee phase III by no later than October 15 for payment of
obligation in the 3rd quarter from July 1 up to September 30 in the current
year; and

d.

Payment of annual fee phase IV by no later than December 31 for payment of

obligation in the 4th quarter from October 1 up to December 32 in the current
year.

In the event that the annual fee which amount of rate is stipulated in certain nominal
that does not refer to the financial statements, payment shall be made by no later
than June 15 for payment of obligation for a period of one year, from January 1 up to
December 31 in the current year.
Article 10

(1)

Mandatory annual fee shall arise from the Payer obtains license, approval,
registration, and legalization and expire after such license, approval, registration and
legalization are annulled, canceled, dissolved, or the publicly listed company
becomes non-publicly listed company.

(2)

Mandatory annual fee for Payer that recently obtained license, approval and
registration which has no reference for use as the basis of calculation of annual fee
shall be subject to annual fee in a minimum amount as set out in Government
Regulation regarding Fee by Financial Service Authority.

(3)

In the event that the mandatory annual fee as intended in Article 9 does not accrue in
one full year, annual fee shall be calculated on a monthly basis proportionately
against part of month as calculated on a daily basis.

(4)

In the event that the license, approval, registration, and legalization of the Payer
being subject to annual fee which amount of rate is stipulated in a certain nominal
and does not refer to the financial statements as intended in Article 9 paragraph (2)
are obtained after June 15, payment of annual fee as intended in paragraph (3) must
be made by no later than December 31.

(5)

In the event that on December 31 as intended in paragraph (4) falls on holiday,

payment shall be made on the previous business day, at the latest.

Article 11
(1)

Annual fee of issuer shall be calculated based on the total value of outstanding
issuance as covered in the audited annual financial statements of the previous year.

(2)

For the purpose of calculation of annual fee for issuer, outstanding issuance value
shall be calculated based on the total amount of issuance, including:
a)

Total value of issuance of equity Securities in the Public Offering, Public

Offering for the purpose of capital increase with right issue (limited Public
Offering), capital increase without right issue, exercise of Securities which are
convertible into shares, less of value of shares issued which are repurchased
and decreases the paid-up capital;

b)

total value of debt Securities issued through Public Offering and has not been
paid; and

c)

total value of sukuk issued through Public Offering and has not been paid.

CHAPTER III
PROCEDURES OF COLLECTION OF OJK FEE
Article 12
(1)

(2)

In the event that the Payer fails to pay the mandatory annual fee up to the deadline
as stipulated in Government Regulation regarding Fee of Financial Service Authority,
OJK shall issue the first warning letter, stating:
a.

obligation to pay annual fee by no later than 30 (thirty) days as from the first
warning; and

b.

imposition of administrative sanction in the form of penalty of 2% (two

percent) per month of the mandatory Fee payment which is payable for
delayed payment and at a maximum, 48% (forty eight percent) of Fee
payable on a condition, part of month will be calculated as 1 (one) month.

In the event that the Payer fails to pay the mandatory annual fee up to the deadline
as specified in the first warning letter, OJK shall issue the second warning letter,
stating:
a.

obligation to pay annual fee by no later than 30 (thirty) days after the end of
period as stipulated in the first warning letter; and

b.

imposition of administrative sanction in the form of penalty of 2% (two

percent) per month of the mandatory Fee payment which is payable for
delayed payment and at a maximum, 48% (forty eight percent) of Fee
payable on a condition, part of month will be calculated as 1 (one) month.

(3)

In addition to administrative sanction in the form of penalty as intended in paragraph

(1) and paragraph (2), OJK can stipulate additional administrative sanction or
execution of certain action on the Payer who fails to make or is in default of payment
in accordance with the type of sanction or certain action as set out in the provisions
of Laws and Regulations in the financial service sector.

(4)

Imposition of additional administrative sanction or certain actions as intended in

paragraph (3) shall be stipulated by OJK based on provisions regarding
administrative sanction applicable for every financial service sector.

(5)

OJK can announce the imposition of administrative sanction as intended in

paragraph (3) to the public.

(6)

Procedures for the imposition of administrative sanction in the form of penalty in the
Financial Service Sector n the Party, as intended in Article 3 paragraph (3) shall be
set out in OJK Regulation regarding Procedures of Collection of Administrative
Sanction in the Form of Penalty in Financial Service Sector.
Article 13

(1)

In the event that the Payer fails to fulfill its obligation within a period of 1 (one) year
as of the date on which the period Fee payment, OJK shall stipulate such obligation
as non-performing receivable.

(2)

OJK shall handover the collection of Fee as intended in paragraph (1) to the State
Receivables Committee in accordance with the provisions of Laws and Regulations.

(3)

Payment of receivables as intended in paragraph (1) shall be made through the State
Receivables Committee.

CHAPTER IV
PROCEDURES OF VERIFICATION OF OJK FEE
Article 14
(1)

OJK can conduct Verification of mandatory annual fee:

a.
b.

(2)

on a routine basis; and/or

on a special basis.

Verification as intended in paragraph (1) shall be conducted to ensure that:

a.
b.

the payment has been recorded in OJK Account; and

total payment is consistent with the amount of obligation.

(3)

Routine verification as intended in paragraph (1) letter a shall apply to every annual
fee payment transaction.

(4)

Special verification as intended in paragraph (1) letter b shall apply to mandatory

payment of annual fee which is made more than 1 (one) year as from the payment of
annual fee.

(5)

Verification as intended in paragraph (1) letter b shall be conducted in the following

event:
a.

written statement from the Payer, stating willfully that the annual fee which
has been paid is not consistent with the amount of his obligation;

b.

changes in the value used as the basis for imposition of annual fee;

c.

indication of non-compliance of calculation of obligation with annual fee

payment.

(6)

OJK shall submit the result of Verification to the Payer.

(7)

The Payer may request for a written clarification to OJK on the result of Verification
as intended in paragraph (6) by no later than (seven) business days as from the
receipt of Verification result from OJK.

(8)

If after the period as intended in paragraph (7) has lapsed and OJK does not receive
any request of written clarification from the Payer, then the result of Verification of
OJK shall be final and shall not be available for clarification.

(9)

OJK shall provide explanation on the request of clarification as intended in paragraph

(7) by no later than 40 (forty) business days as from the receipt of request for
clarification by OJK.

(10)

In the event that there is a deficit between annual fee imposed based on OJK
Verification less of annual fee imposed based on independent calculation, deficit the
mandatory annual fee on the year of stipulation of verification result shall be added
with such deficit.

(11)

In the event that there is a surplus between annual fee imposed based on OJK
Verification less of annual fee imposed based on independent calculation, surplus
the mandatory annual fee on the year of stipulation of verification shall be deducted
by such surplus.

(12)

Deficit as intended in paragraph (10) or surplus as intended in paragraph (11) shall

be added or deducted in the closes phase of payment after the stipulation of
difference based on the result of Verification (11).

CHAPTER V
ADJUSTMENT OF OBLIGATION OF FEE PAYMENT
Article 15
(1)

OJK can make adjustment to the obligation of fee payment as set out in Government
Regulation regarding Fee of Financial Service Authority in the following event:
a.

the Payer is faced with financial difficulties and is under restructuring and/or
settlement;

b.

c.

majority or all Parties:

1.

are unable to maintain their soundness level in accordance with Laws

and Regulations; and/or

2.

are faced with financial difficulties and have the potential to cause
failure in fulfilling their Obligation to their costumers or can jeopardize
the business continuity; and

OJK will give or is given priority to the development of industry, type of

services, or certain financial products, either at national level or in certain
region.

(2)

Criteria of financial difficulties as intended in paragraph (1) letter a shall be stipulated

in the attachment which forms an inseparable part of this OJK Regulation.

(3)

Adjustment to the obligation of Fee payment as intended in paragraph (1) shall be

stipulated by OJK.
Article 16

(1)

Adjustment of the amount of Fee as intended in Article 15 paragraph (1) letter a shall
be intended to reduce the possibility that the financial condition of the Payer
degrades or to support the process of its financial restructuring.

(2)

Adjustment of the amount of Fee as intended in paragraph (1) shall be made based
on the submission of written application for adjustment of obligation of Fee payment
to OJK.

(3)

Application for adjustment of obligation of Fee payment as intended in paragraph (2)

shall be received by OJK by no later than 60 (sixty) days before the deadline of Fee
payment.

(4)

The application submitted as intended in paragraph (2), must at least include

information as follows:
a.

criteria of financial difficulties as intended in Article 15 paragraph (2) are met;

b.

financial ability of the payer that submits application;

c.

work program for the purpose of restoration of company condition if OJK

stipulates the Fee to be less than the amount of Fee as intended in
Government Regulation regarding Fee of Financial Service Authority.

(5)

Based on the analysis conducted by OJK, OJK can determine that the Payer meets
the condition as intended in Article 15 paragraph (1) letter a.

(6)

Adjustment of the amount of Fee as stipulated to apply on the Payer based on the
result of analysis as intended in paragraph (5) can be made without submission of
application as intended in paragraph (2).
Article 17

Other than the criteria of financial difficulties as intended in the attachment to this OJK
Regulation, based on the analysis conducted by OJK, OJK can determine certain conditions
as standard in order to determine whether the Payer is having financial difficulties and under
restructuring.
Article 18
(1)

Adjustment of the amount of Fee as intended in Article 15 paragraph (1) letter b shall
be based on the result of analysis conducted by OJK on substantially all or the entire
industry, as well as its impact on the financing of OJK activities.

(2)

Adjustment of obligation of fee payment as intended in paragraph (1) shall be

stipulated by OJK after in coordination with the Minister of Finance.
Article 19

(1)

Adjustment of obligation of Fee payment as intended in Article 15 paragraph (1) letter

c shall be made by OJK based on the priority of development of industry, type of
service, or financial product stipulated by OJK.

(2)

Adjustment of obligation of Fee payment as intended in paragraph (1) shall be

stipulated by OJK in coordination with the Minister of Finance.
Article 20

(1)

In the event that before the end of the current year, revenues generated by OJK from
the Fee are higher than that stated in the work plan and budget of OJK in the next
year which has been approved by the People's Legislative Council, OJK shall impose
annual fee of 0% (zero percent) in the remaining current year.

(2)

OJK shall announce the imposition of 0% (zero percent) annual fee as intended in
paragraph (1).

(3)

In the event that the Payer has fully paid of the mandatory annual fee upon the
imposition of 0% (zero percent) annual fee by OJK as intended in paragraph (1), any
surplus of payment shall be calculated proportionally against the obligation in the
next period of payment.

(4)

In the event that the business activity of the Payer ends pursuant to Laws and
Regulations, any surplus of payment as intended in paragraph (3) can be applied for
refund of surplus of payment to OJK.

CHAPTER VI
CLOSING PROVISIONS
Article 21
Further provisions regarding implementing procedures of Fee by OJK shall be as set out in
Circular Letter of OJK.

Article 22
(1)

Payment of fee as intended in Article 4 paragraph 1) shall apply to the Payer that
applies for license, approval, registration, legalization, and review on the proposed
corporate action or after February 12, 2014.

(2)

For the Payer that has applied for the license, approval, registration, legalization, and
review on the proposed corporate action plan on February 12, 2014 up to the
promulgation of this OJK Regulation and has not paid the fee as intended in Article 4
paragraph (1) shall be required to make payment of the same by no later than April
15, 2014.

(3)

Payment of annual fee as intended in Article 6 paragraph (1) shall be effective on

February 12, 2014.
Article 23

(1)

This OJK Regulation shall come into effect on the date of its promulgation.

(2)

For public cognizance, ordering that the promulgation of this Regulation of Financial
Service Authority is published in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on April 1, 2014
HEAD OF THE BOARD OF COMMISSIONERS OF
FINANCIAL SERVICE AUTHORITY,
Signed
MULIAMAN D. HADAD
Promulgated in Jakarta
On April 1, 2014
MINISTER OF LAW AND HUMAN RIGHTS
OF THE REPUBLIC OF INDONESIA,
Signed
AMIR SYAMSUDIN
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2014 NUMBER 66
Issued as a true copy
Head of Legal Support Department
Legal Directorate,
Signed,
Mufli Asmawidjaja
------------------------------

NOTE
Source:

LOOSE LEAF REGULATION OF THE HEAD OF THE BOARD OF

COMMISSIONERS OF FINANCIAL SERVICE AUTHORITY YEAR 2014