Customer Protection Inside the Court
information andor documents regarding consumers with accurate, honest, clear and not misleading.
In addition, in Article 4 also explains more clearly how the obligation of businesses to support consumer protection financial services sector. Financial services
businesses are required to provide or convey information about products or services that exist in financial institutions accurately, fair, clear and not misleading. Such
information can be loaded in a document or any other medium that can be used as evidence. Business actors also have to submit information on the rights and
obligations of consumers when making agreements with consumers. Article 8 b on Law No. 21 of 2011 about FSA are explaining the obligation of FSA is to decide and
create the rules in financial service sector. Regulation of the Financial Services Authority No.1POJK.072013 About consumer protection financial services sector is
one of the proves that the government is attempting to balance fairness between business and consumer.
Than beside that we can conclude that the Repressive Protection in court can be divided into:
1 Solve the Dispute of Customer Protection as the Civil Case
In Article 28, Law No. 21 of 2011 explains that the law has been set, the explanation is as follows.
For the purpose of consumer and the community protection, FSA is authorized to perform loss action
prevention actions of customers and community, of which includes:
a. Providing information and education to the community regarding on the characteristics of the sector of financial
service, service, and product; b. Requesting the Financial Services Institutions to stop the
activity in the event that such activity potentially adverse to society; and
c. Other measures of which deemed as might be necessary in accordance with the provisions of the law and regulation
in the sector of financial services.
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Then article 29 also explains that FSA conducts consumer complaint service that includes:
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a. Preparing adequate equipment of the service complaints Consumers who aggrieved by the agent
in the financial services institution; b. Preparing complaint mechanism for the
Consumers who aggrieved by the agent in the financial services institution; and
c. Facilitating the complaint settlement of the consumer who aggrieved by the agent in the
Financial Service in accordance with law and regulation in the sector of financial services.
It can be interpreted that the FSA has taken action to prevent the loss of consumers to set some rules such as providing information and educating the public
on the characteristics of a Financial Institution. It is quite obvious because seeing now a lot of financial institutions, both Islamic and conventional offering their services to
the public. The diversity of financial institutions are certainly different in character between financial institutions, ranging from product and services offered to the
benefits to be obtained by the customer when using the financial institution. In
16
Indonesia, Law No. 21 of 2011 Financial Service Authority
17
Ibid
addition the FSA also in article 29 set up the equipment adequate to serve the customers complaint which is harmed by Financial Institution. In this law, however,
there is no further explanation on the devices referred to. Article 30 explains that the consumer is authorized to defend the law, such as
submit the lawsuit of asking the compensation from the financial institution party. In Article 31, Law No. 21 of 2011 it is mentioned that provisions on the protection of
consumers and the community will be more detailed in the Rule of Financial Service Authority Number 1POJK.072013.
Article 30 1 In the context of the consumers and the community
protection, the FSA shall be authorized to perform legal defense, defense includes:
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a. Instructing or performing certain actions to the Financial Service Institution to settle consumer complaint of the
consumer who aggrieved by the Financial Service Institution in question;
b. Filing Lawsuit: 1. To re-obtain the aggrieved party assets that causes the
loss, either under the power of other party to not in good faith; andor
2. To obtain compensation from the adverse party causes loss the consumer andor financial services institution as
the result of violation to the law and regulation in the financial services sector.
1 Compensation as set forth in section 1 point b number 2 above shall only be used to settle the indemnity to the
aggrieved party.
2 Solve the Dispute of Customer Protection as the Criminal Case.
18
Indonesia, Law No. 21 of 2011 on Financial Service Authority section 30.
In Chapter XI of the Law No. 21 of 2011, it is found the mechanisms of investigation in resolving financial issues involving the FSA. The Financial Service
Authority in overseeing Financial Institutions also conduct an investigation in cooperation with the police, but in the case of an investigation by the police are given
special powers such as receiving reports from customers, notifications of information relating to financial institutions are detrimental to society. The Following is a
description of the mechanisms of investigation in the invitation to this Law. In Article 49
1 Other than investigator officials of the National Police of the republic of
Indonesia, certain Civil Servants officials whose scope of assignment includes the supervision financial services in the FSA shall be granted
exclusive authority as investigator, as set forth in Criminal Procedure Code.
2 The civil servant set forth the in Article 27 section 2 could be appointed to
be the civil servants investigator as set forth in section 1.
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In this regulation also ex plain about the Investigators with the status of civil servants has the authority to:
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1 To accept reports, notification, or claim from someone about the crime in the financial services sector. So the investigators in this case do its job to receive crime
reports of problems related to financial services. Customers may also report the crime of financial services and they are entitled to receive legal protection.
2 Conducting investigation towards truth of the report or explanation concerning with the crime in the financial services; after receiving reports of criminal cases in the
19
Indonesia Law No. 21 of 2011 on financial service authority, section 49.
20
Ibid section 49-50
financial services sector, the investigator may conduct an examination of the case. Investigating the case really happened or not.
3 Conducting investigation against anyone who are suspected commit or include the crime in the financial services; investigators also conduct inspections and research on
the person or group suspected of committing criminal acts in the financial services sector.
4 Summon, Examine, and ask for explanation and evidence from anyone who are allegedly committing as a witness in the crime of the financial services sector.
In addition, Investigators also have rights in the examination of Conduct on clearing, records, and other documents relating to cases of suspected criminal acts in
the financial services sector; 1 Investigators may conduct a search in every place that allegedly contained
evidence at that place. The evidence may be in the form of books, records, and other documents and carry out seizure of goods that can be used as evidence in criminal
financial services sector; 2 Request data, documents, or other evidence, both print and electronic service
providers; 3 Under certain circumstances, investigators may ask the competent authorities to
take precautions against those suspected of committing criminal acts in the financial services sector.
a Criminal Sanction according to Law No. 21 of 2011 on Financial Service Authority :
Article 52 of the FSA
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1 Anyone who violates the provisions of Article 33 section 1, section 2,
andor section 3 shall be subject to imprisonment for no more than 6 six years, and fine for no more Rp.15.000.000.000,00 fifteen billion
rupiah.
2 In the event that the violation of the provision Article 33 section 2 or
section 3 committed by a corporation, is shall be subject to the fine for no more than Rp. 45.000.000.000,00 forty-five billion andor as much as
the amount of loss occurred by such violation.
In Article 53
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1 Anyone who deliberately ignores, not fulfill, or hampers the
implementation authority of the FSA as set forth in Article 9 point c, point d, point e, point g, and Article 30 section 1 point a, shall be subject to
imprisonment for at least two 2 years and fine at least of Rp. 500.000.000, 00 five billion or imprisonment for no more 6 six years
and fine for no more Rp.15.000.000.000,00 fifteen billion.
2 in the event that the violation as set forth in section 1 above committed
by a corporation, it shall be subject to fine at least Rp. 45.000.000.000,00 forty-five billion rupiahs
In the transitional provisions in Article 55 1
Since 31 December 2013, the function, assignment, and authority of control and supervision the activity of the financial services in the sector
of Capital Market, Insurance, Pension Fund, Financial Institutions, and other Financial Institutions change from Finance Minister and the
Supervisory Board of Capital Market and Financial Institutions to the FSA.
21
Indonesia Law No. 21 of 2011 on financial service authority, section 50
22
Ibid, section 53
2 Since 31 December 2013 the functions, assignment, and authority of
control and supervision to the activity of financial services in the sector of banking change from Bank Indonesia to the FSA.
b Administrative Sanction
Islamic Financial Institutions that proved to have violated causing financial loss to the customer can be sanctioned in accordance with article 33 administrative laws
microfinance institutions, among others: a. Written warning