Financial Services Authority Regulation Number 22/POJK.01/2015 on Criminal Investigation in the Financial Services Sector

FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 22 /POJK.01/2015
CONCERNING
CRIMINAL INVESTIGATION IN THE FINANCIAL SERVICES SECTOR BY THE GRACE OF GOD THE ALMIGHTY THE COMMISSIONERS COUNCIL OF THE FINANCIAL SERVICES AUTHORITY,

Considering:
a. that Law Number 21 of 2011 concerning the Financial Services Authority grants authority to the Financial Services Authority to conduct criminal investigations in the Financial Services Sector; b. that the implementation of the investigation authority as referred to in letter a is carried out by Investigators of the Indonesian National Police and/or Investigators of Civil Servants employed at the Financial Services Authority;
c. that investigations are conducted quickly, with low cost and simply, directed to clarify criminal offenses that have occurred to realize justice, utility, and legal certainty, foster and maintain public trust in the financial services sector, and strengthen financial system stability;
d. that financial services industry actors and the public need to be given access to participate in the prevention and handling of criminal offenses in the financial services sector;

e. that based on considerations as referred to in letter a, letter b, letter c, and letter d, it is necessary to establish a Financial Services Authority Regulation concerning Criminal Investigation in the Financial Services Sector;

Recalling: Law of the Republic of Indonesia Number 21 of 2011 concerning the Financial Services Authority (State Gazette of the Republic of Indonesia Year 2011 Number 111, Supplement to the State Gazette Number 5253);

DECIDES:

To Establish: FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING CRIMINAL INVESTIGATION IN THE FINANCIAL SERVICES SECTOR.

CHAPTER I
GENERAL PROVISIONS

Article 1
In this Financial Services Authority Regulation, the following terms are defined as:

1. Financial Services Authority, hereinafter abbreviated as OJK, is an independent institution that has the function, duties, and authority for regulation, supervision, examination, and investigation as referred to in Law Number 21 of 2011 concerning the Financial Services Authority.
2. Criminal Offense in the Financial Services Sector is every act/event that is threatened with criminal punishment regulated in Laws regulating OJK, Banking, Sharia Banking, Capital Market, Pension Funds, Microfinance Institutions, Insurance, Indonesia Export Financing Agency, Social Security Implementing Agency, Bank Indonesia insofar as it relates to interference in the implementation of OJK's duties in the regulation and supervision of banks, and Laws concerning Other Financial Service Institutions, as referred to in Law Number 21 of 2011 concerning OJK.
3. Commissioners Council is the Highest Leadership of OJK which is collective and collegial.
4. OJK Investigator is an Official of the Indonesian National Police and/or an Official of Civil Servants who are given special authority as Investigators, who are employed at OJK to conduct Criminal Investigation in the Financial Services Sector as referred to in Law Number 21 of 2011 concerning OJK.
5. Investigation is a series of actions by OJK Investigators in cases and according to procedures regulated in laws to search for and collect evidence that clarifies the criminal offense that occurred in the financial services sector and to find the suspect.
6. Bank Secrecy is everything related to information regarding depositor customers and their deposits or investor customers and their investments.
7. Securities Account is everything related to information regarding the owner of securities accounts at custodians, including records showing the position of securities and customer funds at custodians.

CHAPTER II
AUTHORITY FOR CRIMINAL INVESTIGATION IN THE FINANCIAL SERVICES SECTOR

Article 2
(1) OJK has the authority to conduct Criminal Investigation in the Financial Services Sector.
(2) The authority of OJK as referred to in paragraph (1) is carried out by OJK Investigators.

Article 3
OJK Investigators as referred to in Article 2 paragraph (2) consist of:
a. Officials of the Indonesian National Police Investigators who are employed at OJK; and/or b. Officials of Civil Servants who are employed at OJK and given special authority as Investigators.

Article 4
(1) OJK Investigators as referred to in Article 3 letter a have the authority to conduct investigation actions in accordance with provisions regulated in Law Number 8 of 1981 concerning Criminal Procedure Law and other Laws that grant authority to Police Investigators. (2) OJK Investigators as referred to in Article 3 letter b have the authority to conduct investigation actions in accordance with provisions regarding Investigation regulated in Law Number 21 of 2011 concerning OJK.

Article 5
(1) If necessary, OJK employees or officials who are not OJK Investigators may be assigned to assist OJK Investigator activities.
(2) OJK employees or officials as referred to in paragraph (1) do not act as OJK Investigators.

Article 6
(1) OJK Investigators, according to their authority, submit the results of Investigation to the Prosecutor for prosecution.
(2) The Prosecutor follows up and decides on the follow-up of the Investigation results according to their authority within a maximum of 90 (ninety) days since receiving the Investigation results from OJK Investigators as referred to in paragraph (1).

CHAPTER III
REQUEST FOR INFORMATION ON BANK SECRECY AND INFORMATION ON CUSTOMERS' SECURITIES ACCOUNTS AT CUSTODIANS

Article 7
(1) For the interest of Investigation, OJK Investigators may request information from banks regarding the financial condition of parties suspected of committing or being involved in violations of laws and regulations in the financial services sector. (2) For the interest of Investigation, OJK Investigators may request information from Custodians regarding the Securities Accounts of parties suspected of committing or being involved in violations of laws and regulations in the financial services sector.

Article 8
Banks or Custodians as referred to in Article 7 are obliged to fulfill the requests of OJK Investigators.

CHAPTER IV
REPORTS AND/OR INFORMATION REGARDING SUSPECTED CRIMINAL OFFENSES IN THE FINANCIAL SERVICES SECTOR

Article 9
Any party may submit reports and/or information regarding suspected Criminal Offenses in the Financial Services Sector to OJK.

Article 10
(1) Reports and/or information as referred to in Article 9 are submitted in writing and/or come directly to OJK.
(2) Reports and/or information submitted in writing as referred to in paragraph (1) must at least include:
a. Name of the reporter; b. Identity of the reporter; and
c. Description of the incident and/or actions suspected to be Criminal Offenses in the Financial Services Sector.

Article 11
(1) Upon written request from the reporter, OJK submits updates on the handling of reports and/or information regarding suspected Criminal Offenses in the Financial Services Sector reported by the reporter. (2) Updates on the handling of reports and/or information regarding suspected Criminal Offenses in the Financial Services Sector as referred to in paragraph (1) can only be submitted after OJK establishes the commencement of Investigation.

CHAPTER V
INVESTIGATION ADMINISTRATION

Article 12
(1) Every action by Investigators as referred to in Article 4 is recorded in Investigation administration.
(2) Investigation administration as referred to in paragraph (1) is regulated in a Regulation of the OJK Commissioners Council.

CHAPTER VI
SANCTION PROVISIONS

Article 13
Without prejudice to criminal provisions in the financial services sector, violations of Article 8 of this Financial Services Authority Regulation are subject to Administrative Sanctions.

CHAPTER VII
CLOSING PROVISIONS

Article 14
This Financial Services Authority Regulation comes into force on the date of its promulgation.

To ensure that everyone knows it, it orders the promulgation of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.

Determined in Jakarta on 16 December 2015
CHAIRMAN OF THE COMMISSIONERS COUNCIL
FINANCIAL SERVICES AUTHORITY, signed
MULIAMAN D. HADAD

Promulgated in Jakarta on 28 December 2015
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY

STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2015 NUMBER 315 Copy in accordance with the original Director of Legal Affairs 1 Department of Law signed Sudarmaji