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Financial
Services Authority, April 8th, 2014: The Financial Services Authority (OJK) has issued OJK Regulation No. 4/POJK.04/2014
on procedures for billing of administration sanction in the form of fines in
financial services sector.
The regulation issuance is part of
implementation of article 8 letter i of Law No. 21/2011 on OJK. The law
stipulates that OJK has the authority to create regulations on procedures for
imposition of sanctions pursuant to the prevailing laws in financial services
sector, including Government Regulation No. 11/2014 on OJK levy, which
stipulates administration sanction in the form of fines for violation against
regulations in financial services sector, as a part of OJK levy receivables.
The
issued OJK regulation, which was promulgated on April 1st, 2014,
comprises of two subject matters, namely obligatory payments and billings, and
administration of non-performing debts. It is written in the regulation that
administration sanction in the form of fines is a sanction to pay an obligatory
amount of money to due to violation against laws in financial services sector.
Payments
for administration sanction in the form of fines can be conducted by
transferring the fines to OJK`s account or other methods stipulated by OJK
maximum 30 days after OJK releases a sanction letter. For commercial banks that
get sanctions, payments of fines are conducted by debiting the commercial
banks` checking-accounts for OJK`s account in Bank Indonesia.
The
OJK regulation also regulates that parties who get administration sanction in
the form of fines are allowed to raise their objections. The amount of interest
due to overdue payments is at 2% per month and maximum at 48% of the sum of
fines.
If
fines and the interest are not paid within a year, OJK will categorize the
administration sanction as non-performing debts and hand over the
administration to Committee for State Receivables Settlement (PUPN).
This
OJK regulation started to take effect on April 1st, 2014.