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1. Money Laundering
Money Laundering is an action in placing, transferring, paying, spending, granting, donating, depositing, taking
to overseas, exchanging or other actions on assets that are known or suspected to be the result of criminal
actions with the intention to hide, or disguise the origin of the said assets, so as to appear to be legitimate assets.
2. Suspicious Financial Transactions, are:
a. A inancial transaction deviating from the proile, characteristic, or normal transaction pattern of the
related service user; b. A inancial transaction by service user that is
reasonably suspected conducted with the intention of evading transaction reporting that should be
done by the concerned person in accordance with the Act of the Republic of Indonesia No. 8 Year 2010.
c. A inancial transaction made or cancelled, using assets suspected to be the result of criminal actions;
or d. A inancial transaction requested by the Center
of Financial Transaction Analysis and Reporting PPATK to be reported by the rapporteur, because it
involves assets suspected to be the result of criminal actions.
3. Result of criminal actions:
Result of criminal actions is assets gained from doing criminal actions:
corruption; bribery; narcotics, psychotropic; labor traicking; migrant traicking; in banking sector; in
capital market sector; in insurance sector; customs; human traicking; arms illegal trading; kidnapping;
terrorism; theft; smuggling; fraud; money counterfeiting; gambling; prostitution; in tax sector;
in forestry sector; in environmental sector; in marine and ishery sector; and other criminal actions with
imprisonment of 4 years or more, executed within the
B. Banks’ Roles in the Prevention and Eradication of Money Laundering TPPU Based on The Act of The
Republic of Indonesia No. 8 Year 2010
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borders of the Republic of Indonesia or outside the borders of the Republic of Indonesia which actions
are considered crimes according to the Indonesian laws.
4. Rapporteur includes:
a. Financial service providers: banks, inancing companies, insurance companies and insurance
brokers, inancial institution pension funds, securities companies, investment managers,
custodians, trustee agents, post oices as giro service providers, authorized money changers, payment
instrument providers using cards, e-money andor e-wallet providers, credit cooperatives, pawnshops,
companies that operate in commodity futures trading, or remittance service providers.
b. Other goods andor service providers: property companiesagents, motor vehicle dealers, gems
and jewelrygold merchants, antique and artwork dealers, or auctioneers.
5. Obligation to Report for Financial Service Provider
PJK 1. A PJK is obligated to submit reports to PPATK on the
following subjects: a. Suspicious inancial transactions.
b. Cash transactions amounting to a minimum of Rp.500 million or in a foreign currency of equal
value executed in one transaction or more in one work day; andor
c. Fund transfers from and to overseas. 2. Submission of Suspicious Financial Transaction
reports is to be done no later than 3 days as of the inding of STR elements by the PJK.
3. Submission on reports of inancial transactions made in cash is to be conducted no later than 14 days as of
the date of the transactions. 4. Obligation on reporting for PJK in the form of
bank is exempted from the regulation of bank’s conidentiality
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6.
Compliance supervisor on reporting obligation for rapporteur shall be carried out by the Supervisory and
Management Board andor PPATK. In the event compliance supervision on reporting
obligation was not carried out due to non-existence of a Supervisory and Regulatory Agency, the said task will be
performed by PPATK.
7.
In case the Supervisory and Regulatory Agency inds Suspicious Financial Transactions that has not been
reported by the rapporteur to PPATK, the Agency will immediately inform the inding to PPATK.
8.
The Supervisory and Regulatory Agency is obligated to inform PPATK of each activity or transaction known or
suspected, directly or indirectly, with the intention of money laundering.
9.
Financial service providers are obligated to terminate their business relations with users if:
a. Service users do not comply with the principle of Know Your Customer, or
b. Financial service providers question the accuracy of information given by service user.
Further, inancial service providers are obligated to report to PPATK such termination of business relations as
suspicious inancial transactions.
A inancial service provider may postpone a transaction for a maximum of 5 working days since the delay is
made. Such delay made in the event the service user: a. Makes a transaction that should be suspected using
assets from criminal actions as mentioned above. b. Owns an account to save assets originated from
the result of criminal actions as mentioned above. c. Is known andor suspected of using false documents.
The implementation of transaction delay is recorded in the minutes of transaction delay. The inancial service
provider is obligated to submit report on the transaction delay to PPATK with attachment of transaction minutes
no later than 24 hours since the time of the transaction delay made.
10.
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PPATK is obligated to ensure the implementation of transaction delay according to the Act of The Republic of
Indonesia No. 8 Year 2010. In the event the transaction delay has lasted until the ifth
work day, the inancial service provider should decide to accept or reject the said transaction.
C. Types of Contract in Sharia Banking Business Operation
Contract Description
Mudharabah Business cooperation contract between the
irst party malik, shahibul mal, or Sharia Bank who provides the entire capital and the
second party ‘amil, mudharib, or Customer who operates as fund manager by sharing
business proit in accordance with the written agreement in the contract, while loss
shall be totally borne by the Sharia Bank save the second party makes intentional mistake,
negligence or violation of the contract.
Musyarakah Cooperation contract between two parties or
more in a certain business activity, for which each party provides a portion of fund under
a condition that the proit will be shared in accordance to the agreement, while loss shall
be borne in accordance with the respective portion of fund.
Murabahah Financing contract on certain goods by
conirming the purchase price to the buyer and the buyer pays a higher price as agreed
proit.
Salam Financing contract on certain goods by
pre-order and pre-payment under mutually agreed conditions.
Istishna’ Financing contract on made-to-order goods
under certain criteria and conditions that is mutually agreed by the buyer mustashni’
and the seller or maker shani’.
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Contract Description
Ijarah Contract on supplying fund in order to
transfer the right to use or beneit of goWWods or services based on leasing
transaction, without transferring ownership of the related goods.
Ijarah Muntahiyah
Bit Tamlik IMBT
Contract on providing fund in order to transfer the right of use or beneit of goods
or services based on leasing transaction, with an option to transfer the ownership of the
related goods.
Qardh Contract on lending fund to Customer under
the condition that the Customer is obligated to return the fund within the mutually agreed
period of time.
Wadi’ah Contract on depositing goods or money
between the party who owns the goods or money and the party who is entrusted
to guarantee the safety, security and the wholeness of the goods or money.
LAMPIRAN
B AB 7
APPENDIX
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VII. APPENDIX
LIST OF REGULATIONS
Topic Regulation No.
A Regulations on Institution, Management and Ownership of Bank
1. - Establishment
of Conventional Commercial Banks
- Ownership of Conventional
Commercial Banks - Management
of Conventional Commercial Banks
- Opening of Conventional
Commercial Bank Branch Offices
- Closing of Conventional
Commercial Bank Branch Offices
- Business License Revocation by
Shareholders Request Self Liquidation
- PBI No.111PBI2009 dated 27 January 2009 concerning
Commercial Banks - PBI No.1327PBI2011 dated
28 December 2011 concerning Amendment on PBI No.111
PBI2009 dated 27 January 2009 concerning Commercial Banks
- SE BI No.144DPNP dated 25 January 2012 concerning
Commercial Banks - PBI No.148PBI2012 dated
13 July 2012 concerning Commercial Bank Sharesholding
- PBI No.1426PBI2012 dated 27 December 2012 concerning
Business Operations and Office Networks Based on Bank Core
Capital
2. - Establishment of
Sharia Commercial Banks
- Ownership of Sharia Commercial Banks
- Management of Sharia Commercial
Banks - Opening of BUS
Branch Offices - Closing of BUS
Branch Offices PBI No.113PBI2009 dated 29
January 2009 concerning Sharia Commercial Banks
3. - Establishment of
Conventional Rural Bank BPR
- Ownership of Conventional Rural
Bank PBI No.826PBI2006 dated 8
November 2006 concerning Rural Bank BPR
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