Monitoring and Analysis of Consumer Protection in the Financial Services

b. The principle of equal treatment, that treatment to consumers in a fair and non- discriminatory discriminate is to treat others differently based on ethnicity, religion, and race. c. Reliability is anything that can give an accurate service through a system of procedures, infrastructure and human resources reliably. d. Privacy and security of data andor personal information of consumers; are measures that provide protection, confidentiality and security of data andor consumer information and only use it in accordance with the interests and goals agreed by the customer, unless otherwise stipulated by the legislation in force. e. Handling of complaints and the settlement of consumer disputes in a simple, fast and affordable cost; is a service andor resolution of complaints. The meaning of Dispute Resolution is to implement the mediation agreement or adjudication decision. Methods of monitoring and analysis of consumer protection is done in a way, as follows: a. Monitoring and analysis of consumer protection is done in the following manner: 1 Independent assessment by financial services businesses; and 2 Thematic monitoring thematic surveillance. b. The independent study Self-Assessment 1 Working unit which undertakes the function of education and consumer protection do the preparation of working papers consisting of: a Paper work education program in order to improve financial literacy to consumers andor community; b Paper work services and settlement of consumer complaints on financial services businesses; c Working paper delivery of information in the context of the marketing of products andor financial services; and d Paper work basic agreement. e Working Paper confidentiality and security of data andor personal information of consumers. 2 Working unit that performs the functions of education and consumer protection at least once a year to evaluate the working papers. c. Monitoring thematic Thematic Surveillance Implementation of the thematic monitoring is performed sequentially to obtain data andor comprehensive information. Thematic monitoring results provide the basis of a recommendation for decision makers and policy-related consumer protection. Thematic Surveillance Cycle Includes: 1 The collection of data andor information a Amnesty andor information to obtain information about the products andor financial services businesses as well as detecting the behavior of financial services do not apply the principle of consumer protection. b Thematic Surveillance planning process. 1 Preparation of the themes in thematic mapping carried out through the following : a Work unit performing the function of education and consumer protection proposed themes on surveillance thematic coordination with work units that carry out the oversight function. For example like, Rapat koordinasi, Circular Letter, and Nota Dinas. b Determination of the theme of the thematic monitoring communicated to members of the Board of Education Commissioner in charge of consumer protection by the end of November. c Members of the Board of Commissioners are in charge of education and consumer protection set themes on the thematic surveillance by decree. d Members of the board of commissioners may be giving out another proposal on the thematic surveillance theme besides the theme set by the legislators of the commissioner in charge of education and consumer protection. 2 The work unit performing the function of education and the protection of consumers determine the amount of the scope of activities aside, the exercise period and at sources of human activity required.

b. The Scope of the Monitoring and Analysis of Consumer Protection Financial Services Sector.

14 a. Implementation of the monitoring and analysis of consumer protection covers the entire cycle of the product andor service businesses financial services in order to protect consumer better service before sale, as well as after-sales turnover. b. Guidelines for the monitoring and analysis of consumer protection covering the monitoring and analysis of consumer protection against: 1 Regulatory and Consumer Protection policy; 2 Implementation of the provisions of consumer protection; and c. Process monitoring and analysis of consumer protection covers: 1 Implementation of Education. 2 Servicing and settlement of consumer complaints on Financial Services businesses; 3 Submission of information in the context of marketing products or services and Financial Services. 4 Raw Agreement. 5 Confidentiality and security of data andor personal information of consumers; and 6 Services in the context of dispute resolution. 7 Evaluation of the implementation of consumer protection.

2. Repressive Protection

15 14 Kaffi Wanatul Ma’wa, Perlindungan Hukum Bagi Penyimpan Lembaga Keuangan Mikro Syariah Yang Mengalami Kerugian Finansial, 4 july 2016, http:hukum.studentjournal.ub.ac.id., 12:23, p 18- 21 To resolve problems or disputes arising preventive Legal protection is one of great significance for the government which is based on freedom of action due to the absence of legal protection preventive and compelled the government to be cautious in making decisions based on discretion. Such regulations are generally set forth in written rules that are binding and will result in sanctions that should be imposed on the offending party. Some customers who suffered losses can report the matter to the police with allegations of fraud. Repressive Protection can divided into two:

a. Customer Protection Inside the Court

In Article 2 of Financial Services Authority Regulation No. 1POJK.072013 on the protection of consumers states that consumer protection apply the principles of transparency, equal treatment, reliability, confidentiality and security of datainformation of consumers and the handling of complaints and the settlement of consumer disputes in a simple, fast, and affordable cost. Later chapters III explaining the consumer protection provisions of the financial services sector section 3 of the rule Financial Services Authority No.1 POJK.072013 explains that, financial services businesses are entitled to ensure the good faith of consumers and obtain 15 Philipus M. Hadjon, 1987 Perlindungan Hukum Bagi Rakyat Indonesia, Surabaya, Bina Indonesia, p.19.