KEPPRES

Keputusan Presiden Nomor 34 Tahun 1998 tentang TUGAS DAN WEWENANG BADAN PENYEHATAN PERBANKAN NASIONAL

KEPPRES Nomor 34 Tahun 1998

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Article 1

Dalam Keputusan ini yang dimaksud dengan: (1) Bank adalah Bank Umum yang berbadan hukum INDONESIA;. (2) Bank Dalam Penyehatan adalah Bank yang berdasarkan penilaian Bank INDONESIA perlu disehatkan; (3) Upaya Penyehatan adalah segala tindakan penyehatan perbankan sebagaimana dimaksud dalam peraturan perundang-undangan di bidang perbankan.

Article 2

Badan Penyehatan Perbankan Nasional, yang selanjutnya dalam Keputusan PRESIDEN ini disebut BPPN, adalah badan pemerintah yang melaksanakan tugas upaya penyehatan bank berdasarkan Keputusan PRESIDEN Nomor 27 Tahun 1998.

Article 11

Correction

Keputusan PRESIDEN ini mulai berlaku pada tanggal ditetapkan. Agar … Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan PRESIDEN ini dengan penempatannya dalam Lembaran Negara Republik INDONESIA. Ditetapkan di Jakarta pada tanggal 5 Maret 1998 PRESIDEN REPUBLIK INDONESIA ttd. SOEHARTO Diundangkan di Jakarta pada tanggal 5 Maret 1998 MENTERI NEGARA SEKRETARIS NEGARA ttd MOERDIONO LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1998 NOMOR 49 DECREE OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER: 34 OF 1998, DATED : MARCH 5, 1998 RE THE TASKS AND COMPETENCES OF THE NATIONAL BANKING SOUND MAKING/REORGANIZING AGENCY THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering : a. that in the framework of overcoming the impact caused by the monetary upheavals in particular towards the national banking system, the Government has formed a National Banking Sound Making Re-organizing Agency by Presidential Decree Number 27 of 1998; b. that to provide a legal basis adequate for the National Banking Sound Making/Reorganizing Agency in the execution of its task it is deemed necesary to stipulate the tasks and competencies of said Agency by Presidential Decree. Bearing in mind : 1. Article 4 paragraph (1) of the 1945 Constitution; 2. Act Number 13 of 1968 concerning Central Bank (State Gazette of 1968 Number 63, Supplementary State Gazette Number 2865); 3. Act Number 7 of 1992 concerning the Banking Sector (State Gazette of 1992 Number 31, Supplementary State Gazette Number 3472); 4. Presidential Decree Number 27 of 1998 concerning the formation of the National Banking Sound Making/Reorganizing Agency; HAS DECIDED To Stipulate : THE PRESIDENTIAL DECREE CONCERNING THE TASKS AND COMPETENCES OF THE NATIONAL BANKING SOUND MAKING/REOGANIZING AGENCY. Article 1. In this Decree referred to as : 1. Bank shall be a Commercial Bank which is an Indonesian legal entity; 2. A bank in the Sound-making/re-organizing process shall be a Bank which based on the evaluation of Bank INDONESIA shall be made sound; 3. Sound making efforts shall be all banking sound making measures as referred to in the legislative regulations in the banking sector. Article 2. The National Banking Sound Making/Reorganizing Agency, further in this Presidential Decree referred to as BPPN, shall be the Government Agency which conducts the tasks of making efforts to make sound banks based on Presidential Decree Number 27 of 1998. Article 3. (1) The sound-making efforts conducted by the BPPN towards banks surrendered and already stipulated by Bank INDONESIA as banks in a sound-making process. (2) The surrendering of a Bank in a Sound-making Process by Bank INDONESIA shall be accompanied with : a. a statement of the Boards of Directors and Commissioner of the Bank in a sound making process already approved by the General Meeting of Shareholders, that the Commissioners of the boards of Directors and will obey in full all Bank sound making or safeguarding measures by the BPPN; b. the delegation of competence by Bank INDONESIA to the BPPN to take the measures as referred to in Article 37 paragraph (2) of Act Number 7 of 1992 concerning the Banking Sector, including the settlement of the debts which have ever been given by Bank INDONESIA in the framework of liquidities assitant the Bank in a Sound-making process. (3) Besides the statement as referred to in paragraph (2) the surrendering of the Bank in a Sound-making Process by Bank INDONESIA shall also be accompanied by the information concerning the condition of the Bank in a Soundmaking Process concerned. Article 4. (1) The Bank in a Soundmaking Process shall submit to the BPPN all information and elucidation concerning its business according to the procedures stipulated by the BPPN. (2) At the request of the BPPN, the Bank in a Sound Making process shall give opportunities to audit the books and bundles in his files and shall provide assistance required in the framework of obtaining the truth of all the information, documents and elucidation on the reports submitted by the Bank in the Sound-making process concerned. (3) The information on the Bank in the Sound-making Process obtain by the BPPN is based on the provisions as referred to in paragraph (1) and paragraph (2) shall not be published and is confidential in nature. Article 5. (1) Effective as of the date of the receipt of the surrender as referred to in Article 3 paragraph (2), the Bank in a sound-making Process shall obey the conditions, provisions and regulations issued by the BPPN Chairman. (2) In the implementation of its tasks as referred to in Article 2, the BPPN is competent to conduct the following matters; a. to request a statement of Bank in a Soundmaking process to adhere to the conditions of a sound banking practice and an improvement of the bank's performance, including the improvements in connection with the financial, operational, and management aspects. b. to request the Bank in a Sound-making process as well as the Boards of Directors and Commissiors and the shareholders there-of to sign all forms of documents of a binding nature required for the sound-making porcess of the bank referred to and to guarantee the restitution of the collaterals which are to, be being or already encashed. c. to ask the Bank in a Sound-making process to submit an improvement plan by adhering to the conditions, the provisions and regulations of the BPPN including concerning the schedule, the measures to be taken, and other matters which shall be conducted. d. to conduct research and investigations, to obtain documents or information, to request the perparation and forwarding of evaluation reports on the development of the Bank in a Sound-Making Process, as well as the evidences in the framework of supporting the implementation of the tasks of the BPPN. e. to monitor, safequard and restructure the assets of the Bank in a Sound-making Process. f. to calculate and charge the losses experienced by the Bank in a Sound-making Process. g. to take whatever measures are required towards whichever party in connection with the assets of the Bank in a Sound-making Process. h. to conduct or obligate writing off measures on problem assets for the Bank in a Sound-making Process. i. to stipulate the paid-in capital additional payment obligation to the shareholders. Article 6. (1) The BPPN shall conduct an audit on the condition of the Bank in a Sound-making Process. (2) Based on the audit as referred to in paragraph (1), the BPPN obligators the Bank in a Sound-making Process to compose a workplan in the framerwork of the sound-making of the bank in a sound-making Process concerned in accordance with the provisions stipulated by the BPPN. Article 7. (1) The BPPN shall from time to time supervise the implementation of the Workplan as referred to in Article 6 paragraph (2) and the improvement plan as referred to in Article 5 paragraph (2) letter c. (2) In case the BPPN evaluates the Bank in a Sound-making Process to be already to be sound, the BPPN shall resurrender said Bank to Bank INDONESIA in the framework of the Bank Supervision. (3) In case the BPPN evaluates that the Bank in a Sound-making Process cannot be made sound again, the BPPN shall conduct a safeguarding dan salvaging the assets of the Bank concerned. Article 8. In case the Bank in a Sound-making Process can no longer be made sound again, besides the competence as referred to in Article 5 paragraph (2), the BPPN based on the statement as referred to in Article 3 paragraph (2) is also competent to : 1. take over the operations of the Bank; 2. determine the compensation level which can be given to the Boards of Directors and commissioners and the Bank employees; 3. take over the management including the revaluation on the assets owned by the Bank; 4. conduct a merger, an amalgamation and or acquistion of the Bank; 5. control, sell, transfer and or take other most extensive measures or a right on the Bank's assets which a third party, in INDONESIA as well as abroad. 6. request the shareholders evidenced to have participated directly as well as indirectly in causing the arising of the Bank's losses, to take full responsibility for said losses, in accordance with the legislative regulations in force. Article 9. (1) In the efforts to make healthy the national banking sector, the BPPN can conduct an adjustment of the conditions for the settlement of debts as referred to in Article 3 paragraph (2) letter b and take other measures in accordance with the legislative regulations in force, including conducting a participation for a certain period at the Bank in a Sound-making Process. (2) The participation for a certain period as referred to in paragraph (1) is conducted to meet the condition of bank soundness by the Bank in a Sound-making Process, if the shareholders are really no longer able to add capital in the framework of maintaining the sustainability of the business of the bank and to expand the opportunities to act new investors and or the merger there of with another bank. Article 10. (1) The BPPN Organization and Working System is stipulated by the Chairman of the BPPN. (2) Amendments in the organization and the Working System of the BPPN shall be conducted by the Chairman of the BPPN from time to time in accordance with the development and the demand of the implementation of his task. (3) The appointment and discharge of the personnel shall be conducted by the BPPN Chairman. (4) The BPPN can employ Civil Servants as assistance manpower based on assignment; (5) The appointment of personnel originating from non-Civil Servants shall be conducted based on a Contract; (6) The BPPN Personnel shall have the same position, rights and obligations. Article 11 This Presidential Decree shall be effective as of the date of stipulation. For the Indonesation of the public, it is instructed to promulgate this Presidential Decree by inserting it in the State Gazette of the Republic of INDONESIA. Stipulated in : Jakarta On : March 5, 1998 THE PRESIDENT OF THE REPUBLIC OF INDONESIA signed SOEHARTO Pomulgated in : Jakarta On : March 5, 1998 THE STATE MINISTER STATE SECRETARY OF THE REPUBLIC OF INDONESIA signed MOERDIONO STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 1998 NUMBER 49