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National and Global Islamic Financial Architecture:

Problems and Possible Solutions for the OIC Member Countries

76

crises in the country. The act will legally support the functions of the Financial Stability

Coordination Forum (FKSSK) to maintain financial system stability in the country.

4.3.3. Sharia Governance Framework

Indonesia has an independent central Sharia regulatory authority called the National Sharia

Board (DSN) that deals with, among others, issuing verdicts (fatwa) related to Islamic

economics and business. DSN, a subsidiary of the National Ulama Council (MUI), was

established in 1999 with issuance of the MUI Decree Number Kep-754/MUI/II/1999 (DSN,

2015). Some unique features of the DSN include that (i) it is not under the purview of Ministry

of Finance or the Central Bank, (ii) it consists of representative members from all Islamic

organizations (mainly Muhammadiyah and Nadhatul Ulama), (iii) the Sharia decisions are

decided based on a consensus of all representative scholars of DSN, and (iv) the DSN's

operational budget does not come from financial industries or market players.

DSN has issued close to 100 verdicts covering the banking sector, capital markets, money

markets and nonbanking sector as well as social sectors. Being an independent body, DSN

verdicts are considered conservative as it has not allowed the implementation of certain

Islamic financial contracts such as

bay al innah, tawarruq, bay al dayn, bay al wafa

, etc. The

governance of Sharia approval follows certain set procedures. Before submission of a new

product/instrument to the regulators for approval, the Sharia Supervisory Board (SSB) of

financial institutions should get it cleared by the DSN. If the DSN approves the product then it

is forwarded to the regulators (OJK and BI) who examine the product/instrument proposal

from the economic and financial systems' points of view.

Along with the DSN activities and decisions, Article 32 of the Islamic Banking Act 2008

mandates Islamic financial institutions to have SSB deal with Sharia issues in banking

operations.

4.3.4. Liquidity Infrastructure

Various liquidity management instruments can be used by the Islamic financial sector in

Indonesia. First, the central bank serves the market with Islamic liquid instruments to solve

liquidity problems. These instruments include Bank Indonesia Islamic Certificate (SBIS) and

Bank Indonesia Islamic Funding Facilities (FASBIS), repurchase (repo) of SBIS to Bank

Indonesia, Repo of the Government

Sukuk

(SBSN) to Bank Indonesia, reverse repo of the SBSN

to Bank Indonesia and Islamic Foreign Exchange Deposit in Bank Indonesia (Term Deposit

Valas). In case urgent liquidity is needed, there are the Islamic Intraday Emergency Liquidity

Facility (FLIS) (Bank Indonesia, 2005) and Islamic Short Term Financing Facility (FPJPS) (Bank

Indonesia, 2008b) as the lender of the last resort (LOLR) instruments with Islamic schemes

(Bank Indonesia, 2015b)

While the market players (Islamic banks or conventional banks) mainly use Interbank

Mudarabah

Investment Certificate (SIMA) in the Islamic money market (PUAS), their

transactions are small as most of the Islamic banks’ liquidity extends to finance the real sector

(Bank Indonesia, 2015). The funds placed in PUAS are purely for dealing with short term

liquidity needs. The Islamic money market instruments include SIMA (Bank Indonesia, 2007),

Interbank Islamic Commodity Trading Certificate (SIKA), and Islamic repurchase (Repo) (Bank

Indonesia, 2012). In addition to the Islamic money markets, market players can also invest in