PRESIDENT OF THE REPUBLIC OF INDONESIA LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2015 REGARDING
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1 COPY PRESIDENT LAW NUMBER 11 OF 2015 REGARDING REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 4 OF 2008 REGARDING FINANCIAL SYSTEM SAFETY NET BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT, Considering : a. whereas the provision of Article 22 (3) of the 1945 Constitution of the State of the Republic of Indonesia stipulates that in case of disapproval by the House of Representatives of a Government Regulation in lieu of Law submitted by the President, such Government Regulation in lieu of Law shall be revoked; b. whereas the Government Regulation in lieu of Law Number 4 of 2008 regarding Financial System Safety Net as submitted by the President is not approved by the House of Representatives in the Plenary Session held on September 30, 2009; c. whereas in order to provide legal certainty and pursuant to the provisions of Law Number 12 of 2011 regarding Formulation of Regulatory Legislation, in case of disapproval by the House of Representatives of a Government Regulation in lieu of Law, the President shall prepare a draft law regarding its revocation which may regulate any legal consequence arising therefrom; d. whereas based on considerations as referred to in letters a, b, and c, it is necessary to stipulate a Law regarding Revocation of Government Regulation in lieu of Law Number 4 of 2008 regarding Financial System Safety Net; In view of...
2 -2- In view of : 1. Article 5 paragraph (1), Article 20, and Article 22 paragraph (3) the 1945 Constitution of the State of the Republic of Indonesia; 2. Law Number 12 of 2011 regarding Formulation of Regulatory Legislation (Supplement Number 5234 to the State Gazette of the Republic of Indonesia Number 82 of 2011); With the Joint Approval of THE HOUSE OF REPRESENTATIVE and THE PRESIDENT BE IT HEREBY RESOLVED: To stipulate : LAW REGARDING REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 4 OF 2008 REGARDING FINANCIAL SYSTEM SAFETY NET Article 1 The Government Regulation in lieu of Law Number 4 of 2008 regarding Financial System Safety Net (Supplement Number 4907 to the State Gazette of the Republic of Indonesia Number 149 of 2008) shall be revoked and declared as null and void. Article 2 Resolutions adopted by the Financial System Stability Committee in the performance of its duties and authorities pursuant to the Government Regulation in lieu of Law Number 4 of 2008 regarding Financial System Safety Net shall remain valid and binding. Article 3 This Law shall come into effect as of the date of its promulgation. For...
3 -3- For public cognizance, this Law shall be announced by publishing it in the State Gazette of the Republic of Indonesia. Enacted in Jakarta on August 6, 2015 PRESIDENT, Signed. JOKO WIDODO Promulgated in Jakarta On August 6, 2015 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, Signed. YASONNA H. LAOLY STATE GAZETTE NUMBER 182 OF 2015 Certified true copy MINISTRY OF STATE SECRETARIAT OF THE REPUBLIC OF INDONESIA Assistant Deputy Minister for Legislation on the Economy Signed and sealed Lydia Silvanna Djaman
4 -4-
5 -5- ELUCIDATION ON LAW NUMBER 11 OF 2015 REGARDING REVOCATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 4 OF 2008 REGARDING FINANCIAL SYSTEM SAFETY NET I. GENERAL The provision of Article 22 paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia stipulates that, in case of disapproval by the House of Representatives of a Government Regulation in lieu of Law, such Government Regulation in lieu of Law shall be revoked. In order to comply with the provision, it is required to formulate a Law regarding the Revocation of Government Regulation in lieu of Law Number 4 of 2008 regarding Financial System Safety Net. Such requirement is in conformity with the provisions of Law Number 12 of 2011 regarding Formulation of Regulatory Legislation requiring that the revocation of a Government Regulation in lieu of Law which is disapproved by the House of Representatives shall be made by a Law. In the resolution adopted at the Plenary Session of the House of Representatives held on September 30, 2009, the Government Regulation in lieu of Law Number 4 of 2008 regarding Financial System Safety Net was disapproved by the House of Representatives. The substance of the aforesaid Government Regulation in lieu of Law stipulates the crisis prevention and management, covering the method to deal with any problems of liquidity and/or solvency for systematically important Banks and or Non-Bank Financial Institutions. In connection with the resolution of the Plenary Session of the House of Representatives dated September 30, 2009 and in order to establish legal certainty, it is deemed necessary for the said Government Regulation in lieu of Law to be revoked and declared as null and void. This Law further regulates the legal consequences arising from all Resolutions adopted by the Financial System Stability Committee under such Government Regulation in lieu of Law. ARTICLE
6 II. ARTICLE BY ARTICLE Article 1 Self-explanatory. Article 2 Self-explanatory. Article 3 Self-explanatory. SUPPLEMENT TO THE STATE GAZETTE NUMBER 5727
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