Strategic Values Important Duties of BI Deinition Operations of Banks Operations of Conventional Commercial Banks

5 Indonesian Bank ing B ook let 2013 Figure 1 - Bank Indonesia Organization Structure B AB 2 BANKING This page is intentionally left blank 9

II. BANKING

Banking is everything pertaining to banks, covering institution, business activities, and also the nature and process in conducting their business operations. In carrying out its duties, Indonesian Banking is based on economic democracy and utilizes prudential principle. Primary function of Indonesian banking is as the collector and distributor of public funds, also aims to support the implementation of national building in order to enhance the equalization of development and its results, economic growth and national stability, toward the improvement of the quality of people’s life. The banking system has a strategic position, i.e. supporting the smooth operation of the payment system, implementing monetary policy and achieving inancial system stability. Hence, it requires banks that are sound, transparent and can be accounted for.

A. Deinition

1. Banks are business entities that collect funds from the society in the form of savingsdeposits and distribute them to the society in the form of credits and or other form in order to improve the living standard of the people. 2. Conventional Banks are Banks that conduct their business operations conventionally and based on their type consist of Conventional Commercial Banks and Rural Banks. 3. Sharia Banks are Banks that conduct their business operations based on Sharia Principles and according to their type consist of Sharia Commercial Banks and Sharia People Financing Bank. 4. Sharia Principle is a principle in the Islamic Laws on banking activities based on fatwa legal decision issued by the institution that has the authority in giving fatwa in sharia ield.

B. Operations of Banks Operations of Conventional Commercial Banks

1. Collecting funds from the society in the form of demand deposits giro, time deposists, certiied deposits, savings, andor other forms equivalent; 10 2. Extending credits; 3. Promissory notes; 4. Purchasing, selling or guaranteeing upon own risk or for the interest and the order of their customers: • DraftsBills of exchange, including drafts accepted by bank which validity period should not be longer than the common practice in the trading of such drafts; • Promissory notes and other commercial papers which validity period should not be longer than the common practice in the trading of such notes; • State treasury bills and government securities; • Certiicates of BI SBI; • Bonds; • Future trading securities with a validity period up to one 1 year; • Other securities with a validity period up to 1 one year; 5. Transferring money both for own interest and the interest of customers; 6. Placing funds in, borrowing funds from, or lending funds to other banks, whether by using letters, telecommunication facilities, or sight drafts, cheques or other means; 7. Receiving payment of bills on securities and settling accounts with or between third parties; 8. Providing safe deposit boxes for valuable things and securities; 9. Undertaking custodial activities for the interests of other parties based on contracts; 10. Undertaking placement of funds from customers to other customers in the form of commercial papers securities not listed in the stock exchangemarket; 11. Conducting factoring activities, credit card businesses and trustee services; 12. Providing inancing and or conducting other activities based on Sharia Principle, in accordance with the regulations stipulated by BI; 13. Conducting other activities normally undertaken by banks provided that such activities shall not be in contraventions with the Act concerning Banking and 11 the applicable laws and regulations; 14. Conducting foreign exchange activities by complying with the provisions set by BI; 15. Conducting equitycapital participation in other banks or companies operating in inancial sector, such as leasing, venture capital, securities companies, insurance, and also clearing houses for settlements and custodians, in compliance with the regulations stipulated by BI; 16. Conducting activities of temporary capital investment based on Sharia Principles to overcome failures in credit and inancing bad debtsinancing, on the condition that the temporary equity be withdrawn in due time, in compliance with the regulations stipulated by BI; 17. Acting as pension funds founders and managers in accordance with the provisions of the applicable laws and regulations of pension funds; and 18. Conducting bank business operations in the form of Custodial with Management Trust. Operations of Sharia Commercial Banks 1. Collecting funds in the form of Demand Deposits, Savings, or other forms equivalent based on wadi’ah agreement or other agreements not in contravention with the sharia principle; 2. Collecting funds in the form of investment of Demand Deposits, Savings, or other forms equivalent based on mudharabah agreement or other agreements not in contravention with the sharia principle; 3. Distributing proit sharing inancing based on mudharabah and musyarakah agreements, or other agreements not in contravention with the sharia principle; 4. Distributing inancing based on murabahah, salam, and istishna’ agreements, or other agreements not in contravention with the sharia principle; 5. Distributing inancing based on qardh agreement or other agreements not in contravention with the sharia principle; 6. Distributing movable or immovable goods inancing 12 to customers based on ijarah agreement andor lease purchase in the form of ijarah muntahiya bittamlik or other agreements not in contravention with the sharia principle; 7. Conducting debts taking-over based on hawalah agreement or other agreements not in contravention with the sharia principle; 8. Conducting debit cards business andor inancing cards based on the sharia principle; 9. Purchasing, selling, or guaranteeing on own risk, any third party securities issued based on the real transactions in accordance with the sharia principle, among others ijarah, musyarakah, mudharabah, murabahah, kafalah, or hawalah agreements; 10. Purchasing securitiescommercial papers based on the sharia principle issued by the government andor BI; 11. Receiving payment of bills on securities and conducting settlement with or between third parties based on the sharia principle; 12. Undertaking custodial activities for the interest of other parties pertaining to an agreement based on the sharia principle; 13. Providing safe deposit box for valuable things and commercial papers based on sharia principle; 14. Transferring money, both for own interests and customers’ interests based on the sharia principle; 15. Undertaking trusteeship functions based on wakalah agreement; 16. Providing letter of credit or bank guarantee based on the sharia principle; 17. Conducting other activities normally undertaken in the ields of banking and social provided that it is not in contravention with the sharia principle and pursuant to the provisions in the laws and regulations; 18. Conducting foreign exchange operations based on the sharia principle; 19. Conducting capitalequity participation activities in Sharia Commercial Banks or inancial institutions that conducting business activities based on the sharia principle; 13 20. Conducting temporary capital participation activities based on the sharia principle to overcome inancing failures, with the requirement to withdraw its participation; 21. Acting as the founder and caretaker of pension funds based on the sharia principle; 22. Conducting activities in capital market as long as not in contravention with the sharia principle and the provisions of laws and regulations in capital market ield; 23. Organizing activities or bank products based on the sharia principle using electronic facilities; 24. Issuing, ofering, and trading short-term securities based on the sharia principle, both directly and indirectly through money market; 25. Issuing, ofering, and trading long-term securities based on the sharia principle, both directly and indirectly through capital market; and 26. Providing products or conducting other sharia commercial banks activities based on the sharia principle. Operations of Conventional Rural Banks 1. Collecting funds from the society in the form of deposits comprising of time deposits, savings, andor other forms equivalent; 2. Extending credit; 3. Placing its funds in BI Certiicates SBI, time deposits, certiicates of deposit, andor savings in other banks. Operations of Sharia Rural Banks 1. Collecting funds from the public in the form of: • Deposits in the form of savings or equivalent based on wadi’ah agreement or other agreements not in contravention with the sharia principle; and • Investment in the form of deposits or savings or other forms equivalent based on mudharabah agreement or other agreements not in contravention with the sharia principle; 2. Distributing funds to the communities in the form of: • Proit sharing inancing based on mudharabah 14 agreement or musyarakah; • Financing for buy and sell transaction based on the agreements of murabahah, salam, or istishna; • Financing based on qardh agreement; • Financing of moveable or immovable goods leasing operations to customers based on ijarah agreement or lease purchase in the form of ijarah muntahiya bittamlik; and • Debts takeover based on hawalah agreement; 3. Placing funds in other Sharia Banks in the form of deposits based on wadi’ah agreement or investment based on mudharabah agreement andor other agreements not in contravention with the sharia principle; 4. Transferring money, both for own interest and for customers’ interests through the account of Sharia Banks BPRS in the Sharia Commercial Banks BUS, Conventional Commercial Banks, and Sharia Business Units UUS; and 5. Providing products or conducting other Sharia Bank business activities in accordance with the Sharia Principle based on BI approval. Supporting Business Operations Business Supporting Operations are other activities conducted by banks outside business operations of the Banks. The business supporting operations among others are related to human resources, risk management, compliance, internal audit, accounting and inance, information technology, logistic and security.

C. Prohibition of Bank Business Operations Prohibition of Business Operations of Conventional

Commercial Banks 1. Conducting capital investments, except for conducting operations as referred to in No. 15 and 16 of Conventional Commercial Bank business activities described above; 2. Conducting insurance business; 3. Conducting other businesses apart from those referred to in letter B above. 15 Prohibition of Business Operations of Sharia Commercial Banks 1. Conducting business activities in contravention with the sharia principle; 2. Conducting trading activities of shares directly in the capital market; 3. Conducting equity participation, except for as referred to in number 19 and 20 of the Sharia Commercial Bank business operations; 4. Undertaking insurance business activities, with the exception as marketing agent of sharia insurance products. Prohibition of Business Operations of Conventional Rural Banks 1. Accepting deposits in the form of demand deposit and participating in the payment traic; 2. Conducting foreign exchange business operations other than as foreign exchange traders PVA; 3. Conducting capital investments; 4. Conducting insurance business operations; 5. Undertaking business operations other than activities as referred to in letter B above. Prohibition of Business Operations of Sharia Rural Banks 1. Conducting business operations in contravention with the sharia principle; 2. Accepting deposits in the form of demand deposits and participating in the payment traic; 3. Conducting forex business operations except for money changer operations subject to BI approval; 4. Conducting insurance business activities except as marketing agents of sharia insurance products; 5. Conducting capital investments, except for institutions that are established to resolve Rural Banks liquidity problems; and 6. Conducting other business aside from activities of Sharia Banks business as referred to in letter B above. B AB 3 REGULATION AND SUPERVISION OF BANKS This page is intentionally left blank