2024-08-26 | POJK 14 Tahun 2024Added
This regulation establishes a Task Force for Handling Unlicensed Financial Business Activities, chaired by the Financial Services Authority (OJK), to prevent and handle illegal financial entities. The Task Force is empowered to conduct education, monitoring, analysis, and reporting, and to recommend enforcement actions such as account blocking, business cessation, or legal prosecution to relevant authorities. It mandates a specific organizational structure including a supervisory board, executive team, working groups, and regional units, with funding allocated from member agencies' budgets. Existing task force decisions must be aligned with this regulation within six months of its effective date.
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COPY
FINANCIAL SERVICES AUTHORITY REGULATION
OF THE REPUBLIC OF INDONESIA
NUMBER 14 OF 2024
CONCERNING
THE TASK FORCE FOR HANDLING
UNLICENSED FINANCIAL BUSINESS ACTIVITIES
BY THE GRACE OF THE ALMIGHTY GOD
THE BOARD OF COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering:
a. that in order to protect public interests, the Financial Services Authority, together with relevant authorities, ministries, and/or agencies, needs to form a task force for handling unlicensed financial business activities; b. that the formation of a task force for handling unlicensed financial business activities is intended to enhance coordination among authorities, ministries, and/or relevant agencies in efforts to prevent and handle unlicensed financial business activities;
c. that in order to provide a legal basis for the formation of a task force for handling unlicensed financial business activities coordinated by the Financial Services Authority, it is necessary to regulate the task force for handling unlicensed financial business activities;
d. that based on the considerations referred to in letters a, b, and c, it is necessary to establish a Financial Services Authority Regulation concerning the Task Force for Handling Unlicensed Financial Business Activities; Recalling:
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined as:
CHAPTER II
FUNCTIONS, DUTIES, AND AUTHORITY
Article 2
The Task Force functions to carry out activities to prevent and handle Unlicensed Financial Business Activities.
Article 3
The Task Force has the duties:
a. to prevent the occurrence of Unlicensed Financial Business Activities; and b. to handle Unlicensed Financial Business Activities.
Article 4
To carry out the duties referred to in Article 3 letter a, the Task Force has the authority to:
a. conduct education and socialization; b. monitor potential risks of Unlicensed Financial Business Activities;
c. provide prevention recommendations for Unlicensed Financial Business Activities to competent authorities, ministries, and/or agencies;
d. disseminate and/or provide information; and e. take other actions in accordance with statutory regulations.
Article 5
To implement the duties referred to in Article 3 letter b, the Task Force has the authority to:
a. inventory suspected Unlicensed Financial Business Activities; b. conduct clarification and/or joint examinations regarding suspected Unlicensed Financial Business Activities;
c. analyze suspected Unlicensed Financial Business Activities, in accordance with statutory regulations;
d. provide follow-up handling recommendations for Unlicensed Financial Business Activities to competent authorities, ministries, and/or agencies; e. monitor and evaluate the follow-up handling of Illegal Entities; f. provide recommendations to cease Unlicensed Financial Business Activities; g. report suspected Unlicensed Financial Business Activities to competent parties; and h. take other actions based on statutory regulations.
CHAPTER III
TASK FORCE INSTITUTIONAL STRUCTURE
Article 6
The Task Force is formed by the Financial Services Authority together with relevant authorities, ministries, and/or agencies.
Article 7
(1) Members of the Task Force consist of:
a. the Financial Services Authority; and b. other authorities, ministries, and/or agencies that have relevance to efforts to prevent and/or handle Unlicensed Financial Business Activities. (2) The organizational structure of the Task Force consists of:
a. a supervisory board; b. an executive team;
c. working teams;
d. regional Task Forces; and e. a secretariat.
(3) The Task Force is chaired by the Financial Services Authority, which serves as the chairman of the executive team. (4) Working teams as referred to in paragraph (2) letter c are formed based on case grouping. (5) The composition of Task Force members and the organizational structure of the Task Force as referred to in paragraph (1) and paragraph (2) are determined by the Decision of the Board of Commissioners of the Financial Services Authority.
Article 8
(1) Each member of the Task Force as referred to in Article 7 paragraph (1) appoints a representative to implement duties and authorities related to prevention and handling activities of Unlicensed Financial Business Activities. (2) Representatives as referred to in paragraph (1) coordinate the implementation of duties and authorities related to prevention and handling activities of Unlicensed Financial Business Activities.
Article 9
(1) The Chairman of the Task Force forms regional Task Forces for the coordination of prevention and handling of Unlicensed Financial Business Activities. (2) Regional Task Forces are tasked with assisting the Task Force in implementing prevention and handling duties of Unlicensed Financial Business Activities within their respective jurisdictions. (3) If necessary, regional Task Forces as referred to in paragraph (1) may form working teams located in the region. (4) Regional Task Forces have secretariats located in the region. (5) Membership of regional Task Forces is determined by the decision of the Chairman of the Task Force. (6) The jurisdiction of regional Task Forces as referred to in paragraph (2) is determined by the decision of the Chairman of the Task Force.
Article 10
(1) The implementation of duties and authorities of the Task Force is led by the Chairman of the Task Force.
(2) The implementation of duties and authorities of regional Task Forces is led by the Head of the Financial Services Authority.
Article 11
In implementing prevention and handling duties of Unlicensed Financial Business Activities, Task Force members exercise authorities as regulated in statutory regulations.
Article 12
(1) The Task Force secretariat as referred to in Article 7 paragraph (2) letter e and the secretariat of regional Task Forces as referred to in Article 9 paragraph (4) have the duties:
a. to plan work programs and manage budgets; b. to draft standard operating procedures for the implementation of Task Force duties;
c. to plan, invite, and conduct Task Force meetings;
d. to draft and submit meeting minutes of the Task Force to the Chairman of the Task Force and all relevant members; e. to prepare Task Force reports; f. to collect data and/or information; g. to receive and account for documents; and h. to perform other duties assigned by the Chairman of the Task Force. (2) The Task Force secretariat is located at the Financial Services Authority. (3) The secretariat of regional Task Forces as referred to in Article 9 paragraph (4) is located at the Financial Services Authority Office.
CHAPTER IV
INSTITUTIONAL RELATIONS
Article 13
(1) The Task Force holds meetings attended by Task Force members.
(2) Meetings as referred to in paragraph (1) consist of:
a. supervisory board meetings; b. executive team meetings; and
c. regional Task Force meetings.
(3) Meetings as referred to in paragraph (2) letter a are held at least 2 (two) times in 1 (one) year.
(4) Meetings as referred to in paragraph (2) letter b are held at least 4 (four) times in 1 (one) year.
(5) Meetings as referred to in paragraph (2) letter c are held at least 2 (two) times in 1 (one) year.
(6) Meetings as referred to in paragraph (1) may be conducted via:
a. face-to-face; and/or b. non-face-to-face methods.
Article 14
(1) Task Force members may exchange data and/or information regarding Entities suspected to be Illegal Entities and/or Illegal Entities, including:
a. business legality data; b. identity data of owners, managers, and/or beneficial owners of Entities;
c. financial transaction information;
d. information related to account ownership; e. examination results information; and/or f. other data and/or information. (2) The exchange of data and/or information as referred to in paragraph (1) is initiated by one of the Task Force members or requested by other parties through the Task Force, taking into account the internal regulations of Task Force members and statutory regulations. (3) The Task Force and each Task Force member receiving data and/or information as referred to in paragraph (1) are responsible for the confidentiality, use, and security of data and/or information in accordance with statutory regulations.
Article 15
The Task Force may establish cooperation with other parties for the prevention and handling of Unlicensed Financial Business Activities.
CHAPTER V
PREVENTION AND HANDLING OF UNLICENSED FINANCIAL BUSINESS ACTIVITIES First Section Prevention of Unlicensed Financial Business Activities
Article 16
(1) The implementation of education and socialization for the prevention of Unlicensed Financial Business Activities as referred to in Article 4 letter a includes:
a. drafting education and socialization programs; b. drafting education and socialization materials and/or teaching aids;
c. conducting education and socialization according to target participants; and/or
d. monitoring and evaluating the implementation of education and socialization.
(2) The implementation of monitoring regarding potential risks of Unlicensed Financial Business Activities as referred to in Article 4 letter b includes:
a. drafting monitoring plans regarding potential risks of Unlicensed Financial Business Activities through information systems; b. recording data regarding potential risks of Unlicensed Financial Business Activities through information systems; and/or
c. discussing potential risks of Unlicensed Financial Business Activities through information systems.
(3) The provision of prevention recommendations for Unlicensed Financial Business Activities to competent authorities, ministries, and/or agencies as referred to in Article 4 letter c includes:
a. policy recommendations regarding the prevention of Unlicensed Financial Business Activities; and/or b. preventive action recommendations for Unlicensed Financial Business Activities. (4) The dissemination and/or provision of information regarding Unlicensed Financial Business Activities as referred to in Article 4 letter d includes:
a. publication regarding the business legality of an Illegal Entity; and/or b. providing information regarding the business legality of an Illegal Entity to the public. Second Section Handling of Unlicensed Financial Business Activities
Article 17
(1) The Task Force receives information regarding Entities suspected to be Illegal Entities.
(2) Information as referred to in paragraph (1) originates from:
a. the public; b. findings of Task Force members; and/or
c. other parties.
(3) The reception of information as referred to in paragraph (1) is conducted via letters, electronic mail, telephone, face-to-face meetings, and/or other media. (4) The Task Force may request additional information necessary when information originates from the public as referred to in paragraph (2) letter a and other parties as referred to in paragraph (2) letter c. (5) The Task Force is responsible for the confidentiality of information reception as referred to in paragraph (2).
Article 18
(1) The Task Force inventories and compiles a list of Entities suspected to be Illegal Entities based on information as referred to in Article 17 paragraph (1). (2) The list of Entities suspected to be Illegal Entities as referred to in paragraph (1) must at least include:
a. name; b. address;
c. website, application, and/or social media accounts;
d. identity of managers and/or persons in charge; e. business legality; f. business model; and g. suspected violated regulations.
Article 19
(1) The Task Force conducts joint clarification and/or examinations regarding suspected Unlicensed Financial Business Activities. (2) In conducting clarification and/or examinations as referred to in paragraph (1), the Task Force may:
a. request information from the public; b. summon and/or request statements from Entities and/or employees of Entities suspected to be Illegal Entities to provide information;
c. temporarily halt the business activities of Entities suspected to be Illegal Entities; and/or
d. trace and/or restrict access to websites, applications, social media accounts, and/or other media suspected to be used as means to conduct Unlicensed Financial Business Activities.
Article 20
(1) The Task Force analyzes suspected Unlicensed Financial Business Activities based on information obtained as referred to in Article 17 and the results of clarification and/or examinations as referred to in Article 19. (2) In conducting analysis as referred to in paragraph (1), the Task Force may:
a. appoint other parties to conduct analysis; and/or b. request information or statements from sources/experts.
Article 21
(1) The Task Force draws conclusions from the analysis of suspected Unlicensed Financial Business Activities as referred to in Article 20 paragraph (1). (2) If the conclusion of the analysis as referred to in paragraph (1) states that it is not an Illegal Entity, the Task Force ceases follow-up handling. (3) If the conclusion of the analysis as referred to in paragraph (1) states that it is an Illegal Entity, the Task Force takes actions including:
a. recommending follow-up handling to authorities, ministries, and/or relevant agencies according to their respective authorities; or b. reporting to competent parties. (4) The Task Force may announce actions against Illegal Entities as referred to in paragraph (3) to the public.
Article 22
(1) Recommendations for follow-up handling of Unlicensed Financial Business Activities as referred to in Article 21 paragraph (3) letter a are submitted to:
a. each Task Force member according to their authorities based on statutory regulations; and/or b. authorities, ministries, and/or relevant agencies that are not members of the Task Force. (2) Recommendations for follow-up handling as referred to in paragraph (1) may include:
a. guidance for Illegal Entities; b. blocking of websites, applications, social media accounts, and/or other media, submitted to the Ministry responsible for communication and information affairs;
c. cessation of transactions or account activities, submitted to the Center for Reporting and Analysis of Financial Transactions;
d. cessation of Unlicensed Financial Business Activities; e. legal processing, submitted to investigators of criminal offenses in the financial services sector and/or the Indonesian National Police; f. account blocking by competent authorities; and/or g. other recommendations.
Article 23
Task Force members, according to their respective authorities, implement follow-up handling recommendations as referred to in Article 22 paragraph (2) to protect public interests.
Article 24
The Task Force monitors and evaluates the handling of Illegal Entities as referred to in Article 21 paragraph (3).
Article 25
(1) The Task Force conducts follow-up clarification and/or examinations of Illegal Entities that have undergone actions as referred to in Article 21 paragraph (3) but continue to commit violations. (2) Follow-up clarification and/or examinations as referred to in paragraph (1) are implemented with the approval of relevant Task Force members. (3) Regarding the results of follow-up clarification and/or examinations as referred to in paragraph (1), the Task Force drafts follow-up handling recommendations as referred to in Article 22 paragraph (2) letters b through g and submits them to the parties as referred to in Article 23 paragraph (1).
CHAPTER VI
REPORTING AND MONITORING
Article 26
(1) The Task Force executive team prepares and submits:
a. plan reports; and b. realization reports, to the supervisory board.
(2) Reports as referred to in paragraph (1) consist of plans and realizations of:
a. work programs; and b. budgets, regarding the implementation of duties and authorities related to prevention and handling activities of Unlicensed Financial Business Activities. (3) Reports as referred to in paragraph (2) include plans or realizations regarding the implementation of education and socialization. (4) Plan reports and realization reports as referred to in paragraph (1) are submitted periodically at least 1 (one) time in 1 (one) year. (5) The deadline for submitting plan reports and realization reports as referred to in paragraph (4) is determined by the Chairman of the Task Force. (6) The Task Force executive team may publish plan reports and realization reports as referred to in paragraph (1). (7) Each Task Force member may publish plan reports and realization reports as referred to in paragraph (6) according to their respective authorities.
Article 27
(1) The supervisory board conducts monitoring and provides guidance on work programs and budgets as referred to in Article 26 paragraph (2) in reports as referred to in Article 26 paragraph (1). (2) Monitoring and guidance as referred to in paragraph (1) are implemented at least 1 (one) time in 1 (one) year.
CHAPTER VII
FUNDING
Article 28
Costs required for the implementation of duties and authorities related to prevention and handling activities of Unlicensed Financial Business Activities are borne by the budgets of each Task Force member or one of the Task Force members in accordance with statutory regulations and/or agreements among Task Force members.
CHAPTER VIII
TRANSITIONAL PROVISIONS
Article 29
Decisions of the Board of Commissioners of the Financial Services Authority concerning task forces for handling unlicensed financial business activities established prior to the implementation of this Financial Services Authority Regulation are adjusted to this Financial Services Authority Regulation no later than 6 (six) months from the date this Financial Services Authority Regulation takes effect.
CHAPTER IX
CLOSING PROVISIONS
Article 30
This Financial Services Authority Regulation takes effect upon being enacted.
To ensure that everyone knows it, the enactment of this Financial Services Authority Regulation is ordered by placing it in the State Gazette of the Republic of Indonesia. Established in Jakarta on 21 August 2024 CHAIRMAN OF THE BOARD OF COMMISSIONERS FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA, MAHENDRA SIREGAR Enacted in Jakarta on 26 August 2024 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, SUPRATMAN ANDI AGTAS STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2024 NUMBER 22/OJK signed https://jdih.ojk.go.id/
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
OF THE REPUBLIC OF INDONESIA
NUMBER 14 OF 2024
CONCERNING
THE TASK FORCE FOR HANDLING UNLICENSED FINANCIAL BUSINESS ACTIVITIES IN THE FINANCIAL SECTOR
I. GENERAL
Article 247 of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector states that in order to protect public interests, the Financial Services Authority, together with authorities, ministries, and/or relevant agencies, forms a task force for handling Unlicensed Financial Business Activities. This mandate serves as a strengthening effort for the Task Force for Handling Suspected Illegal Acts in the Field of Public Fund Collection and Investment Management formed by authorities, ministries, and/or relevant agencies prior to the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. The formation of the Task Force is carried out to fulfill the function of protecting the public and preventing losses caused by Unlicensed Financial Business Activities.
Currently, the increase of Unlicensed Financial Business Activities continues to occur in society, including the development of types or variations of Illegal Entities. Therefore, the existence of regulations regarding the formation, institutional structure, and governance of this Task Force has urgency to be drafted promptly to protect public interests. Based on the background and these circumstances, the establishment of a Financial Services Authority Regulation concerning the Task Force for Handling Unlicensed Financial Business Activities needs to be carried out to provide protection to the public.
II. ARTICLE BY ARTICLE
Article 1
Sufficiently clear.
Article 2
Sufficiently clear.
Article 3
Sufficiently clear.
Article 4
Letter a
Education and socialization activities implemented regarding the prevention of Unlicensed Financial Business Activities include, among others, practices of public fund collection and fund management by parties who do not have a license or who abuse their license.
Letter b
Quite clear.
Letter c
Preventive recommendations for Unlicensed Activities in the Financial Sector are given to authorities, ministries, and/or institutions, whether they are members or non-members of the Task Force. Letter d Examples of disseminating and/or providing information: submitting a list of Illegal Entities via website or mass media. Letter e Examples of other actions: conducting consultations with specific subject matter experts to obtain input in efforts to prevent Unlicensed Activities in the Financial Sector.
Article 5
Letter a
Quite clear.
Letter b
Joint inspections related to suspected Unlicensed Activities in the Financial Sector are conducted among relevant Task Force members. Letter c Quite clear. Letter d Quite clear. Letter e Quite clear. Letter f The cessation of Unlicensed Activities in the Financial Sector originates from among others:
Article 9
Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.
Paragraph (3)
The formation of working teams located in the regions considers among others the losses and the number of victims caused by Unlicensed Activities in the Financial Sector. Paragraph (4) Quite clear. Paragraph (5) Quite clear. Paragraph (6) Quite clear.
Article 10
Quite clear.
Article 11
Quite clear.
Article 12
Paragraph (1)
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
Quite clear.
Letter d
Quite clear.
Letter e
Quite clear.
Letter f
Examples of data and/or information that are falsified: list of Illegal Entities.
Letter g
Quite clear.
Letter h
Example:
Assisting the Chairman of the Task Force in carrying out requests from the House of Representatives or the Government. Paragraph (2) Quite clear. Paragraph (3) Quite clear.
Article 13
Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Paragraph (5)
Quite clear.
Paragraph (6)
Letter a
What is meant by "in-person" is the implementation of meetings that require physical presence.
Letter b
Example of implementing meetings without in-person interaction: utilizing information and communication technology devices, such as online meeting platforms.
Article 14
Paragraph (1)
Letter a
Quite clear.
Letter b
Quite clear.
Letter c
Quite clear.
Letter d
Quite clear.
Letter e
Quite clear.
Letter f
Examples of other data and/or information:
Letter d
Quite clear.
Paragraph (2)
Monitoring of the potential or risk of Unlicensed Activities in the Financial Sector is conducted among others by tracing the websites used by Entities. Paragraph (3) Letter a Policy recommendations include among others recommendations to authorities, ministries, and/or institutions with authority to regulate regarding Unlicensed Activities in the Financial Sector. Letter b Preventive action recommendations include among others recommendations to authorities, ministries, and/or institutions with authority to conduct education and socialization to the public. Paragraph (4) Dissemination of information and/or provision of information is conducted among others through mass media, online media, and/or other media officially managed by Task Force members.
Article 17
Paragraph (1)
What is meant by "information" is explanations and/or statements, whether data, facts, or their explanations, presented in various packaging and formats through electronic or non-electronic communication media. Paragraph (2) Letter a Quite clear. Letter b Information originating from findings by Task Force members includes information originating from Task Force members located in the regions. Example of information regarding an Entity suspected as an Illegal Entity obtained from Task Force findings: information obtained from mass media and/or social media accounts. Letter c Example of other parties: authorities, ministries, and/or institutions outside Task Force members. Paragraph (3) Example of other media: information exchange applications owned by authorities, ministries, and/or institutions. Paragraph (4) Example of requesting additional information: The Task Force conducts clarification requests to the public providing information. Paragraph (5) Quite clear.
Article 18
Paragraph (1)
The list of Entities suspected as Illegal Entities is used as one of the materials for inspections conducted by the Task Force. Paragraph (2) Letter a Quite clear. Letter b Quite clear. Letter c Quite clear. Letter d What is meant by "manager" is the organ that carries out management functions for the benefit of the Entity suspected as an Illegal Entity. Letter e Quite clear. Letter f Business models include among others marketing methods. Letter g Quite clear.
Article 19
Paragraph (1)
Quite clear.
Paragraph (2)
Letter a
Quite clear.
Letter b
Example of the form of request for explanation: explanation regarding the business legality of the Entity suspected as an Illegal Entity. Letter c What is meant by "temporary" is the time period determined by the Task Force. Letter d Quite clear.
Article 20
Paragraph (1)
Quite clear.
Paragraph (2)
Letter a
Example of other parties: academics and/or practitioners.
Letter b
Quite clear.
Article 21
Paragraph (1)
Conclusions of the results of analysis of suspected Unlicensed Activities in the Financial Sector cases are recorded in official documents, among others meeting minutes/notules. Paragraph (2) Quite clear.
Paragraph (3)
Letter a
Quite clear.
Letter b
See explanation of Article 5 letter g.
Paragraph (4)
Announcement of findings is conducted among others through official media channels managed by Task Force members.
Article 22
Paragraph (1)
Quite clear.
Paragraph (2)
Letter a
Example of guidance for Illegal Entities:
Paragraph (3)
Plans or realization of education and socialization implementation are among others to synchronize work programs and budgets among Task Force members. Paragraph (4) Quite clear. Paragraph (5) Quite clear. Paragraph (6) Example of publication of plan reports and realization reports: summary of the reports. Publication of plan reports and realization reports is conducted by the Chairman of the Task Force implementation team. Paragraph (7) Publication of plan reports and realization reports can be conducted among others through annual reports, press releases, websites, and social media.
Article 27
Quite clear.
Article 28
Quite clear.
Article 29
Quite clear.
Article 30
Quite clear.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 90/OJK ---
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Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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