Outside the Court Repressive Protection
g. Commercial Paper, medium-term sharia h. Sharia Securities
i. Mortgage Sharia j. Pension Funds Islamic Financial Institutions
k. Islamic Bank
It is based on Article 6 of Law No. 30 of 1999 on Alternative Dispute Resolution, which asserts that the dispute or difference of opinion civil cases can be resolved by
the parties through alternative dispute resolution based on good faith to the exclusion of the litigation settlement. Repressive Protection on the form of settlement of
customer claims against Islamic Microfinance Institutions should be resolved first by Islamic Microfinance Institutions that, if the agreement cannot reached, the depositor,
the depositor may apply for settlement through non-litigation it is through National Sharia Arbitration Body BASYARNAS, if not through arbitration institution, it can
be submitted to the FSA to obtain a settlement facilities. If an agreement has not been reached, it can be through court litigation in this case religion.
In additional there are also the Consumer Protection Provisions in Financial Services sector which is explain in Regulation of Financial Service Authority
No.1POJK.072013 The Regulation of Financial Services Authority No. 1POJK.072013, which explains
the Consumer Protection Provisions Financial Services sector is :
Article 4
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1 The financial services business agent shall provide andor convey information
about the product or service that is accurate, fair, clear and not misleading. 2
The information referred to in paragraph 1 shall be recorded in documents and other means that can be used as evidence.
3 The information referred to in paragraph 1 shall:
a. Presented during the briefing to consumers about their rights and obligations;
b. Delivering when making agreements with customers; and c. Loaded when delivered through a variety of media including through
advertisements in the print or electronic media.
Article 5
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The financial services business agent shall submit the information up to date and easily accessible to consumers about the products andor services.
Article 6
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1 The financial services business agent shall submit the information to
consumers about the reception, delay or refusal of requests for products andor services.
2 In the case of financial services businesses deliver information about the
delay or refusal of requests for products andor services referred to in paragraph 1, the financial services business agent required to convey the
reason for the delay or refusal unless otherwise regulated by legislation.
The Financial Services Business agent are required to provide financial services or convey information about the product and services offered by the financial
institutions in accurate, fair, clear and not misleading and set forth in the document or other means that can be used as evidence. Information should be submitted at the
time to explain to consumers about their rights and obligations when making agreements with consumers. The financial services business agent shall submit the
24
Indonesia. Section 4 of Regulation of Financial Services Authority No. 1POJK.072013 on Customer Protection.
25
Ibid, section 5
26
Ibid, section 6
information up to date and easily accessible to consumers about the products or services of the Financial Institution.
Some rules or things should be compiled by businesses as an attempt to protect the interests of customers and prevent any miscommunication between
customers and businesses that can make one of the aggrieved parties primarily the customer as a person who uses the financial services. That is why the financial
services business agent is required to provide or submit information on their financial institution or any service offered by the financial institution, such as explaining the
benefits of what will be obtained if the customer uses their financial services or the most important is the product of what they offer, how the mechanism, how the rights
and obligations of the customer as well as financial services. Those things are necessary for honestly and clearly communicated to customers in order to attract the
customers’ trust on a financial institution and want to use their financial services. It can also be used to anticipate their customers miscommunication between the
financial services business agent to minimize the existence of those who feel aggrieved in the agreement between the customer and the financial services business
agent. 1 The financial services business agent is required to use the terms, phrases, or
simple sentences with Indonesian clear and easily understood by consumers in each document that contains about:
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a The rights and obligations of consumers
27
Indonesia, Regulation of Financial Services Authority No. 1POJK.072013 on Customer Protection
b Customers can use to make decisions c Loading regarding the requirements of the financial services institutions and
consumers legally binding d When using a foreign language, foreign language it must include or be
translated into Indonesian clear and easy to understand. 2 The other obligations of businesses by the Financial Services Authority are:
a Businesses can compile and provide a summary of information on products or
services in writing that includes about benefits, risks, and costs of products or services offered by financial services businesses, as well as the terms and
conditions.
b Financial services business agent are required to provide an understanding of
the rights and obligations of consumers c
Financial services business agent shall provide information about the cost to the consumer for any products or services provided by financial services
businesses. d
Financial services business agent automatically prohibited from providing facilities which resulted in additional costs without the written consent of the
consumer. e
Before consumers sign documents andor the products or services agreement financial business agent obliged to submit a document containing the terms
and conditions of the products or services to consumers. f
Financial services business agent shall convey or inform the customer of any changes to the benefits, costs, risks, terms and conditions contained in the
document or agreement regarding the products or services financial services businesses
g If consumers do not agree to changes to the terms of any product or service as
referred to in the first paragraph, the consumer is entitled to decide the products or services without being subject to any compensation.
h Financial services business agent is required to develop guidelines for the
determination of the cost or price of the product or service financial services. i
Financial services business agent shall organize education to improve the financial literacy to consumers or the public.
j A business agent shall provide equal access to every consumer according to
the classification of consumers on a product or service businesses financial services based on the background of consumer information concerning
employment, income, purpose and objective of using your product or service businesses financial services, or other information used to determine the
classification of consumers.
k A business agent shall take into account the suitability between the need and
the ability of consumers to the products or services offered to consumers.
l Businesses agent need financial services shall not include or mention in any
offer or sale of products or services: the name or logo, business financial services.
Article 22 Paragraph 1 the Use of Raw Agreement must be organized by Law. The Raw Agreement Explained that Financial Services Businesses may not:
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a. Declare the transfer of responsibility or obligation of any financial services to
consumers; b.
Stating that the Financial services business agent reserves the right to refuse the return of the money paid by consumers for products andor services
purchased c.
Stating authorization of the consumer financial services to businesses either directly or indirectly to any unilateral action on items used by consumers
unless a unilateral act was committed by legislation. d.
Governing the burden of proof by the consumer, if necessary, the financial services business operators stated that the loss of use of products or services
purchased by consumers, not the responsibility of Financial services business agent.
e. Give the right to financial services business agent to reduce the usefulness of
the product or service or reduce the wealth of consumers who becomes the object of the agreement products and services.
f. Stating that consumers are subject to the new regulations, additional,
secondary andor changes made unilaterally by businesses in times of financial services consumers take advantage of the products andor services
that they purchase.
g. Stating that the consumer authorizes the financial services agent for loading
encumbrance, lien or security interest on the products andor services purchased by consumers by way of installments.
Regulation of the use of the terms in the manufacture of raw agreement is one of the governments efforts to protect consumers against business operators in the field of
financial services. In an effort to achieve prosperity for consumers, governments through regulation of Financial Services Authority number 1POJK.072013 on
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Section 22 of Regulation of Financial Services Authority No. 1POJK.072013 on Customer Protection
consumer protection Financial Services sector has been able to put the consumer into a balanced position with the perpetrators of financial services.
CHAPTER V CONCLUSIONS AND RECCOMENDATION