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Principles to be met in the Trust activities are as follows: a. Trust activities perform by a work unit that is separated
from other Bank work units. b. Properties entrusted by Settlors to be managed by
Trustees are limited to financial assets. c. Properties entrusted by Settlors to be managed by
Trustees are recorded and reported separately from the Bank assets.
d. In the event the Banks conducted Trust activities are liquidated, all Trust assets are not included in
the bankcruptcy estates boedel pailit and shall be returned to Settlors or transferred to replacement
Trustees appointed by Settlors.
e. Trust activities shall be embodied in a written agreement of Indonesian language.
f. Trustees shall maintain confidentiality of data and information related to Trust activities as regulated in
the Trust agreements with the exception of reporting interest to BI.
g. Banks that undertake Trust activities shall be subject to the applicable provisions of the laws and
regulations, including among others the regulation on Anti Money Laundering and Prevention of
Terrorism Funding APU-PPT.
7. Regulation on Products of Sharia Banks and Sharia Business Units
Sharia Banks and Sharia Business Units must report any new product launching plan to BI. The referred product
shall be products as set in the Book of Sharia Banking Product Codification. In the event banks will launch
new products not listed in the Sharia Banking Product Codification Book, banks must obtain approval from
BI. Report of new products launching plans must be submitted no later than 15 days prior to the launching
of the referred new products. BI will grant approval or rejection on the request of new products no later than 15
days after all requirements met and reporting documents received completely. Banks must report realization of the
new product launching no later than 10 days after the launching of the referred new products.
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In order to accommodate market needs by still observing prudential and sharia principles, BI has issued a regulation
in the form of Circulation Letter SE which governs the regulation on on Qardh product with Gold collateral
Gold Mortgage, and the regulation which governs gold ownership financing product for Sharia Banks and Sharia
Business Units.
8. Sharia Principle in the Activities of Collecting and Distributing Funds as well as Sharia Bank Services
Business activities of funds collection, funds distribution and bank service provision based on the sharia
principle performed by banks are banking services. In implementing the referred banking services, banks must
comply with sharia principles. The compliance with sharia princles shall be implemented by way of meeting
basic regulations of the Islamic laws among others the principles of justice and balance ‘adl wa tawazun,
benefits maslahah, universalism alamiyah and also not containing gharar, maysir, riba, zalim and haram unlawful
objects. Compliance with the Sharia Principles shall be performed
as follows: a. Collecting funds by using agreements among others
Wadi’ah Mudharabah; b. Distributing fundsfinancing by using agreements
among others Mudharabah, Musyarakah, Murabahah, Salam, Istishna’, Ijarah, Ijarah Muntahiya
Bittamlik and Qardh; c. Providing services by using agreements among
others Kafalah, Hawalah and Sharf. In the event of disputes between Banks and Customers,
the other settlement means that might be performed among others are through discussion, banking mediation,
sharia arbitration or judiciary.
C. Regulation on Prudentiality 1. Core Capital of Commercial Banks
Complexity of the increasing business activities of Banks is potentially causing the increasing of risks faced by