Makarim & Taira S.
April 16, 2015 - Indonesia
Obligation to Use Indonesian Currency
by Makarim & Taira S.
Indonesia’s Currency Law came into effect on 28 June 2011 as Law No. 7 of 2011 on Currency (“Currency Law”). The Currency Law is the implementation of Article 23B of the 1945 Constitution which states that the types and value of the currency are to be further regulated under a law. Bank Indonesia issued on 31 March 2015 as an implementing regulation for the Currency Law, Bank Indonesia Regulation No. 17/3/PBI/2015 on the Obligation to Use Rupiah in the Indonesian Territory (“PBI 17/3/2015”).
Whilst many of the provisions of the Currency Law relate to the denominational and physical aspects of Indonesia’s currency (both in terms of banknotes and coins), it is the provisions on the mandatory use of Rupiah that will be of most interest and pressing concern to businesses making or charging foreign currency payments in Indonesia. It is primarily this aspect of the Law, and in particular PBI 17/3/2015, that is discussed in this Advisory.
Note that the “Indonesian Territory” is defined in the Currency Law as all territories of Indonesia including any Indonesian-flagged ships or planes, Indonesian Embassies and other representative offices of the Republic of Indonesia overseas. In the FAQ listed in the official website of Bank Indonesia, this regulation applies to anyone conducting a transaction within the Indonesian Territory.
Use of Rupiah Currency
Under Article 21 of the Currency Law as further regulated under PBI 17/3/2015, Rupiah must be used for any payments or the settlement of obligations or “other financial transactions” in the Indonesian Territory. However, please note that the obligation to use Rupiah does not apply to the following:
1. Certain payment transactions:
a. Certain transactions to implement the State Budget.
According to Article 6 of PBI 17/3/PBI/2015, this covers payments of offshore loan installments; payments of onshore loan installments in foreign currency; the offshore procurement of certain goods; offshore capital expenditures; state revenue from the sale of state bonds in foreign currency; and other transactions implementing the state budget.
Read full article at: http://www.worldservicesgroup.com/files/emails/MakarimTaira_Obligation%20to%20Use%20Indonesia%20Currency%20(April%202015).pdf