2022-04-18 | 6/POJK.07/2022Added
This regulation establishes comprehensive consumer protection obligations for Financial Business Actors (PUJK), requiring them to implement written policies, conduct product testing, and provide clear, accurate information and summaries. It prohibits discriminatory treatment, unauthorized data sharing, and aggressive marketing, while mandating financial literacy programs and fair dispute resolution mechanisms. The rules apply to all regulated financial institutions, including banks, insurance companies, and capital market intermediaries, enforcing strict data privacy and transparency standards.
OJK published 7 documents in the last 30 days — get each new one by email the day it lands.
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
COPY
FINANCIAL SERVICES AUTHABILITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 6 /POJK.07/2022
CONCERNING
CONSUMER AND COMMUNITY PROTECTION IN THE FINANCIAL SERVICES SECTOR BY THE GRACE OF THE ALMIGHTY GOD, THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering :
a. that to realize a financial system that grows sustainably, stably, and is able to protect the interests of consumers and the community, it is necessary to promote financial services sector consumer protection to create a reliable consumer protection system, increase the empowerment of consumers and the community, and foster awareness of financial services business actors; b. that currently the financial services sector, in its increasingly complex and dynamic development, requires strengthening of regulations regarding consumer and community protection in the financial services sector;
c. that to respond to the complex and dynamic development of the financial services sector as referred to in letter b, Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector, needs to be replaced;
d. that based on the considerations as referred to in letter a, letter b, and letter c, it is necessary to establish a Financial Services Authority Regulation concerning Consumer and Community Protection in the Financial Services Sector; Considering : Law 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 of the Republic of Indonesia Number 5253); DECIDES:
Establish : FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING CONSUMER AND COMMUNITY PROTECTION IN THE FINANCIAL SERVICES SECTOR.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are meant as:
Article 2
Consumer and Community Protection in the financial services sector applies the principles:
a. adequate education; b. openness and transparency of information;
c. fair treatment and responsible business conduct;
d. protection of Consumer assets, privacy, and data; and e. effective and efficient handling of complaints and dispute resolution.
CHAPTER II
CONSUMER AND COMMUNITY PROTECTION PROVISIONS IN THE FINANCIAL SERVICES SECTOR First Section General
Article 3
PUJK as referred to in Article 1 Number 2 consists of:
Article 6
(1) PUJK is obliged to have and apply written Consumer protection policies and procedures.
(2) The written Consumer protection policies and procedures as referred to in paragraph (1) exist in activities, consisting of:
a. product and/or service design; b. provision of product and/or service information;
c. delivery of product and/or service information;
d. marketing of products and/or services; e. preparation of agreements related to products and/or services; f. provision of services for the use of products and/or services; and g. handling of complaints and dispute resolution regarding products and/or services. (3) The written policies and procedures as referred to in paragraph (2) contain:
a. equal access for every Consumer; b. special services related to Consumers with disabilities and the elderly;
c. protection of Consumer assets;
d. protection of Consumer data and/or information; e. information on handling and resolution of complaints submitted by Consumers; and f. mechanisms for the use of Consumer personal data and/or information.
Article 7
(1) PUJK is obliged to prevent the Board of Directors, Board of Commissioners, Employees, and/or third parties working for or representing the interests of PUJK from behaviors:
a. enriching or benefiting themselves or other parties; and/or b. abusing authority, opportunity, or facilities available to them due to their position or status, which result in harming Consumers. (2) PUJK is obliged to have and apply a Consumer and Community Protection Code of Ethics established by each PUJK.
Article 8
(1) PUJK is responsible for losses suffered by Consumers arising from errors, negligence, and/or acts contrary to laws and regulations in the financial services sector, carried out by the Board of Directors, Board of Commissioners, Employees, and/or third parties working for or representing the interests of PUJK. (2) In the event that PUJK can prove that there is involvement, error, negligence, and/or acts contrary to laws and regulations in the financial services sector carried out by Consumers, PUJK is not responsible for losses suffered by Consumers arising. (3) The form of responsibility for Consumer losses as referred to in paragraph (1) can be agreed upon by Consumers and PUJK. (4) The follow-up of the Financial Services Authority in the proof process as referred to in paragraph (2) is carried out in accordance with Financial Services Authority Regulations concerning the provision of Consumer services.
Article 9
(1) PUJK is obliged to carry out activities to increase financial literacy for Consumers and/or the community.
(2) The implementation of activities as referred to in paragraph (1) is carried out as an annual program.
(3) Regulations concerning the implementation of activities for increasing financial literacy are carried out in accordance with Financial Services Authority Regulations concerning increasing financial literacy in the financial services sector for Consumers and/or the community.
Article 10
PUJK has the right to obtain correct and accurate information and/or documents from prospective Consumers and/or Consumers.
Article 11
(1) PUJK is prohibited from:
a. providing personal data and/or information regarding Consumers to other parties; b. requiring Consumers to agree to share personal data and/or information as a condition for using products and/or services;
c. using personal data and/or information of Consumers who have terminated product and/or service agreements;
d. using personal data and/or information of prospective Consumers whose requests for use of products and/or services are rejected by PUJK; and/or e. using personal data and/or information of prospective Consumers who withdraw requests for use of products and/or services. (2) Personal data and/or information as referred to in paragraph (1) includes:
a. individuals
(7) Withdrawal of consent and/or partial changes to consent for the provision of Consumer personal data and/or information as referred to in paragraph (3) letter a are carried out in writing or electronically by Consumers. Third Section Product and Service Design
Article 12
(1) PUJK is obliged to design products and/or services that are appropriate for target Consumers.
(2) The design of products and/or services as referred to in paragraph (1) considers:
a. the needs and capabilities of target Consumers; and b. the suitability of features, risks, and costs with target Consumers.
(3) PUJK is obliged to document the implementation of product and/or service design as referred to in paragraph (1).
Article 13
(1) PUJK is obliged to conduct testing of new products and/or services.
(2) Testing of products and/or services as referred to in paragraph (1) is carried out to assess risks that have the potential to harm Consumers.
(3) In the event that the test results as referred to in paragraph (2) have the potential to harm Consumers, PUJK is obliged to review the relevant products and/or services. (4) PUJK is obliged to document the test results as referred to in paragraph (1).
Article 14
The obligations as referred to in Article 13 are excluded for:
a. products and/or services for the implementation of government or authority programs; and/or b. products and/or services at Microfinance Institutions.
Article 15
PUJK is obliged to have guidelines for setting prices and/or costs of products and/or services.
Fourth Section
Provision of Product and Service Information
Article 16
(1) PUJK is obliged to provide information regarding products and/or services that is clear, accurate, correct, easily accessible, and not potentially misleading to Consumers. (2) PUJK is obliged to use simple terms, phrases, and/or sentences in Indonesian and easily understood by Consumers in every document regarding product and/or service information. (3) PUJK is obliged to use letters, writing, symbols, diagrams, and signs that can be read clearly in documents as referred to in paragraph (1). (4) PUJK is obliged to provide explanations for terms, phrases, sentences, and/or symbols, diagrams, and signs that are not yet understood by Consumers in documents as referred to in paragraph (1). (5) In the event that products and/or services as referred to in paragraph (1) will be used by prospective Consumers and/or Consumers of foreign countries, documents regarding products and/or services use Indonesian and must be paired with foreign languages. (6) Further regulations concerning the provision of information are established by the Financial Services Authority.
Article 17
(1) PUJK is obliged to provide a summary of product and/or service information made containing:
a. information related to:
(7) PUJK is obliged to confirm the understanding of prospective Consumers regarding the summary of product and/or service information of the personal version as referred to in paragraph (2). (8) The understanding confirmation as referred to in paragraph (7) must be recorded in documents or other media that can be used as evidence. (9) Further regulations concerning the delivery of information for marketing and summaries of product and/or service information are established by the Financial Services Authority.
Article 20
(1) PUJK is obliged to inform prospective Consumers about the acceptance, postponement, or rejection of product and/or service requests.
(2) In the event that PUJK provides information about the postponement or rejection of product and/or service requests as referred to in paragraph (1), PUJK is obliged to provide the reasons for the postponement or rejection unless otherwise regulated by laws and regulations. Sixth Section Marketing of Products and Services
Article 21
(1) PUJK is obliged to include and/or mention in every offer, summary of product and/or service information, promotions, or advertisements of products and/or services:
a. the name and/or logo of PUJK; and b. a statement that PUJK is licensed and supervised by the Financial Services Authority.
(2) In the event that marketing of products and/or services can only be carried out by registered individuals at the Financial Services Authority, the individuals concerned are obliged to inform the statement of being licensed and supervised by the Financial Services Authority in offers and promotions of products and/or services as referred to in paragraph (1). (3) The Financial Services Authority logo is not included in the statements as referred to in paragraph (1) letter b and paragraph (2).
Article 22
PUJK is prohibited from offering products and/or services that harm or have the potential to harm prospective Consumers by abusing the circumstances or conditions of prospective Consumers and/or the community who have no other choices in making decisions.
Article 23
(1) PUJK is obliged to consider the suitability between the needs and capabilities of prospective Consumers with products and/or services offered to prospective Consumers. (2) The suitability as referred to in paragraph (1) is determined based on the classification of prospective Consumers established by PUJK considering:
a. the background of prospective Consumers; b. the occupation of prospective Consumers;
c. the finances of prospective Consumers;
d. the purpose and objectives of using products and/or services from PUJK; and/or e. other information used to determine the classification of prospective Consumers. (3) PUJK is obliged to document the assessment of suitability between the needs and capabilities of prospective Consumers with products and/or services offered to prospective Consumers.
Article 24
(1) In the event that PUJK sells products and/or services resulting from cooperation activities with other PUJK with a reference business model for products and/or services of PUJK, PUJK is obliged to provide choices of products and/or services resulting from cooperation activities of reference business models from at least 2 (two) PUJK, unless otherwise regulated by laws and regulations in the financial services sector. (2) PUJK is prohibited from forcing prospective Consumers to purchase products and/or services resulting from cooperation activities only with one PUJK as referred to in paragraph (1). (3) PUJK owners of products and/or services resulting from cooperation activities as referred to in paragraph (1) are responsible for products and/or services that have been selected by Consumers.
Article 25
(1) PUJK is prohibited from offering products and/or services to prospective Consumers through personal communication facilities without the consent of prospective Consumers. (2) PUJK is prohibited from requiring consent for offers of products and/or services through personal communication facilities as a condition for using products and/or services. (3) In the event that prospective Consumers and/or Consumers withdraw consent for offers of products and/or services through personal communication facilities, PUJK is obliged to stop offering products and/or services. (4) PUJK that offers products and/or services through personal communication facilities after obtaining consent from prospective Consumers or Consumers must fulfill:
a. communications can only be carried out from Monday to Saturday outside national holidays from 08.00 – 18.00 local time, except with the consent or request of prospective Consumers or Consumers; b. inform the name of PUJK and explain the purpose and objectives before offering products and/or services from PUJK; and
c. inform the source of personal data and/or information of prospective Consumers obtained by PUJK, in the event that PUJK obtains personal data and/or information of prospective Consumers from other parties.
(5) PUJK is obliged to record audio and/or video when offering products and/or services through prospective Consumer's personal communication facilities using audio and/or video. (6) Recording for offers of products and/or services as referred to in paragraph (5) must be carried out in accordance with laws and regulations. (7) In the event that prospective Consumers agree to offers of products and/or services through personal communication facilities as referred to in paragraph (5), PUJK is obliged to document the recording of offers of products and/or services. (8) In the event that Consumers use products and/or services, PUJK is obliged to provide Consumers with access to the results of audio and/or video recordings carried out for offers through prospective Consumer's personal communication facilities using audio and/or video.
Article 26
PUJK is obliged to provide information regarding the existence of conflicts of interest for offers to prospective Consumers and/or Consumers.
Article 27
Further regulations concerning the marketing of products and/or services are established by the Financial Services Authority.
Article 28
In preparing product and/or service agreements, Financial Service Providers are prohibited from abusing the situation of prospective Consumers and/or Consumers.
Article 29
(1) Financial Service Providers must confirm the prospective Consumer's understanding of the agreement clauses before the prospective Consumer signs the agreement. (2) Financial Service Providers must provide sufficient time for the prospective Consumer to understand the agreement clauses as referred to in paragraph (1). (3) Confirmation of the consumer's understanding of the agreement clauses as referred to in paragraph (1) must be recorded in documents or other media that can be used as evidence.
Article 30
(1) In the event that Financial Service Providers use standard agreements, Financial Service Providers must prepare standard agreements in accordance with the provisions of legislation. (2) Standard agreements as referred to in paragraph (1) may be in electronic form. (3) Financial Service Providers must provide access to Consumers to obtain and/or print copies of standard agreement documents as referred to in paragraph (2). (4) Financial Service Providers are prohibited from including clauses in standard agreements that contain exonerative/exemptive clauses. (5) Exonerative/exemptive clauses as referred to in paragraph (4) contain:
a. statements transferring responsibility or obligations of Financial Service Providers to Consumers; b. statements granting power of attorney from Consumers to Financial Service Providers, directly or indirectly, to take any unilateral action regarding goods pledged by Consumers, except for such unilateral actions conducted in accordance with legislation;
c. regulations regarding the burden of proof by Consumers, if Financial Service Providers state that the loss of utility of products and/or services purchased by Consumers is not the responsibility of Financial Service Providers;
d. granting rights to Financial Service Providers to reduce the utility of products and/or services or reduce the assets of Consumers that are the subject of product and/or service agreements; e. statements that Consumers grant power of attorney to Financial Service Providers for the encumbrance of mortgage rights, pledge rights, or guarantee rights over products and/or services purchased by Consumers on an installment basis; f. statements that Financial Service Providers can unilaterally add, change, and/or provide subsequent rules after the agreement is approved/agreed upon; g. statements that Consumers are subject to unilateral changes by Financial Service Providers regarding rules as regulated in letter f after the agreement is signed by Consumers; h. granting authority to Financial Service Providers to avoid or limit the applicability of a clause;
i. statements that Financial Service Providers have the authority to interpret the meaning of the agreement unilaterally;
j. statements that Financial Service Providers limit responsibility for errors and/or negligence of Employees and/or third parties working for or representing the interests of Financial Service Providers; k. limiting Consumers' rights to sue Financial Service Providers if disputes arise related to the agreement; and/or
l. limiting evidence that can be provided by Consumers if disputes arise related to the agreement.
Article 31
(1) In the event that there are changes to provisions affecting agreements regarding products and/or services from Financial Service Providers, Financial Service Providers must inform Consumers. (2) Information as referred to in paragraph (1) must be notified to Consumers no later than 30 (thirty) working days before the implementation of changes to provisions regarding products and/or services from Financial Service Providers. (3) In the event that there are existing provisions regarding the delivery of information related to changes to products and/or services, the notification period for changes follows the provisions for the applicable products and/or services. (4) The obligation of the notification period as referred to in paragraph (2) is excluded if:
a. determined by the government or authority; b. changes to the pricing reference already established in the agreement and the reference is determined by the authority; or
c. agreed upon through a negotiation process and the changes are recorded in an agreement addendum.
(5) In the event that Consumers do not approve the changes after notification as referred to in paragraph (2), Consumers have the right to terminate the use of products and/or services. (6) In the event that Consumers have been given time as referred to in paragraph (2) and Consumers do not submit their confirmation, Financial Service Providers consider that Consumers approve the changes.
Article 32
(1) In the event that Financial Service Providers make changes to provisions related to credit or financing products that result in additional obligations, reduced benefits and/or rights for Consumers, Financial Service Providers must:
a. notify the changes to Consumers; b. confirm Consumer approval or rejection; and
c. record Consumer confirmation in document form, and/or other means that can be used as evidence.
(2) Changes as referred to in paragraph (1) must be notified and confirmed to Consumers no later than 30 (thirty) working days before the implementation of changes to provisions regarding credit or financing products from Financial Service Providers. (3) The notification and confirmation period obligation as referred to in paragraph (2) is excluded if:
a. determined by the government or authority; b. changes to the reference for determining obligations, reduced benefits, and rights already established in the agreement and the reference is determined by the authority; or
c. agreed upon through a negotiation process and the changes are recorded in an agreement addendum.
(4) In the event that Consumers do not approve the changes after notification or confirmation as referred to in paragraph (2), Consumers have the right to terminate the use of products and/or services. (5) In the event that Consumers have been given time as referred to in paragraph (2) and Consumers do not submit their confirmation, Financial Service Providers consider that Consumers approve the changes.
Article 33
(1) Financial Service Providers must provide a cooling-off period for Consumers from the signing of agreements for products and/or services that:
a. have a long duration; and/or b. are complex.
(2) The duration of the cooling-off period for a product and/or service as referred to in paragraph (1) is at least 2 (two) working days from when Consumers approve the agreement. (3) In the event that there are existing provisions regarding the provision of a cooling-off period for a product and/or services, Financial Service Providers refer to the provisions applicable to each respective product and/or service. (4) The obligation to provide a cooling-off period as referred to in paragraph (1) is excluded for products and/or services:
a. government or authority programs; b. used repeatedly by Consumers;
c. consisting of a collection, not based on personal choice and initiative, and are facilities obtained by Consumers; or
d. for which sufficient time has been given to prospective Consumers as referred to in Article 29 paragraph (2) of at least 2 (two) working days.
(5) In the event that there are no existing provisions for agreement cancellation during the cooling-off period, cancellations occurring for investment products, Financial Service Providers must return at least the amount already given to Consumers minus costs that have arisen from the utilization of products and/or services, plus investment returns or minus investment losses that have received Consumer approval. (6) In the event that there are no existing provisions for agreement cancellation during the cooling-off period, cancellations occurring for loan products, Financial Service Providers must accept at least the amount already given to Consumers plus interest or potential profit and administrative costs. (7) In the event that Consumers cancel agreements during the cooling-off period as referred to in paragraphs (5) and (6), Financial Service Providers are prohibited from charging penalty costs and/or sanctions to Consumers.
Article 34
(1) In the event that Financial Service Providers execute the transfer of receivables to other parties based on credit or financing agreements with Consumers, Financial Service Providers must fulfill the procedures for transferring receivables to other parties in accordance with the provisions of legislation. (2) The transfer of receivables to other parties as referred to in paragraph (1) must:
a. be included in credit or financing agreements; and b. be notified to Consumers or approved by Consumers.
(3) Financial Service Providers must ensure that the transfer of receivables to other parties as referred to in paragraphs (1) and (2) does not cause losses to Consumers.
Article 35
(1) Financial Service Providers must provide equal access to every Consumer according to Consumer classification as regulated in Article 23 paragraph (2). (2) Financial Service Providers have the responsibility to support the provision of special services to Consumers with disabilities and the elderly.
Article 36
Financial Service Providers must safeguard Consumers' funds and/or assets under the responsibility of Financial Service Providers.
Article 37
Financial Service Providers must provide proof of ownership and/or access to obtain and/or print proof of ownership of products and/or utilization of services to Consumers in a timely manner in accordance with the agreement between Financial Service Providers and Consumers.
Article 38
Financial Service Providers must provide reports to Consumers regarding balance positions and fund, asset, or obligation movements accurately, correctly, and in a timely manner, and by means or channels in accordance with the agreement between Financial Service Providers and Consumers.
Article 39
Financial Service Providers must execute Consumer instructions in accordance with the agreement between Financial Service Providers and Consumers and in accordance with the provisions of legislation.
Article 40
Directors and/or Employees must have adequate capacity in providing services regarding the use of products and/or services.
Article 41
(1) Financial Service Providers are prohibited from charging fees to Consumers in implementing complaint service policies and procedures.
(2) Complaint service provisions are implemented in accordance with Financial Services Authority Regulations regarding Consumer complaint services in the financial services sector.
Article 42
(1) In the event that Consumer complaint services by Financial Service Providers do not reach an agreement, Consumers can resolve disputes outside of court or through the courts. (2) Dispute resolution in the financial services sector outside of court as referred to in paragraph (1) is conducted through 1 (one) Financial Services Sector Alternative Dispute Resolution (LAPS). (3) Provisions regarding Financial Services Sector Alternative Dispute Resolution (LAPS) are implemented in accordance with Financial Services Authority Regulations regarding Financial Services Sector Alternative Dispute Resolution (LAPS).
Article 43
(1) Financial Service Providers must conduct self-assessments regarding the fulfillment of Consumer and Community Protection provisions.
(2) Financial Service Providers must submit self-assessment reports as referred to in paragraph (1) to the Financial Services Authority once every 1 (one) year no later than September 30 of the current year. (3) In the event that September 30 as referred to in paragraph (2) falls on a Saturday, Sunday, or holiday, the assessment report is submitted on 1 (one) working day following. (4) Submission of self-assessment reports is conducted through the electronic reporting system provided by the Financial Services Authority. (5) In the event that the Financial Services Authority states that the electronic reporting system as referred to in paragraph (4) is inaccessible due to disturbances, submission of self-assessment reports is conducted via letter to the work unit implementing education and Consumer Protection functions. (6) Further provisions regarding self-assessment are determined by the Financial Services Authority.
Article 44
(1) Financial Service Providers violating self-assessment provisions as referred to in Article 43 are subject to administrative sanctions in the form of fines, namely the obligation to pay money with the following details:
a. IDR 100,000.00 (one hundred thousand rupiah) per day of delay and at most IDR 10,000,000.00 (ten million rupiah) for Financial Service Providers in the form of Commercial Banks, Securities Trading Brokers, Investment Managers, Pension Funds, Insurance Companies, Reinsurance Companies, Infrastructure Financing Companies, Government Pawnshops, Indonesia Export Financing Institutions, Information Technology-Based Lending Service Providers, PT Permodalan Nasional Madani (Persero), and Crowdfunding Service Providers; or b. IDR 50,000.00 (fifty thousand rupiah) per day of delay and at most IDR 5,000,000.00 (five million rupiah) for Financial Service Providers in the form of People's Credit/Financing Banks, Financing Companies, Venture Capital Companies, and Guarantee Companies. (2) Private Pawnshops, Microfinance Institutions, other Financial Service Institutions and/or parties conducting fund collection, fund disbursement, and/or fund management activities in the financial services sector violating self-assessment provisions as referred to in Article 43 are subject to administrative sanctions in the form of written warnings.
Article 45
(1) Financial Service Providers and/or parties failing to fulfill provisions as referred to in Article 4, Article 6 paragraph (1), Article 7, Article 8 paragraph (1), Article 9 paragraph (1), Article 11 paragraph (1), paragraph (4), paragraph (5), and paragraph (6), Article 12 paragraph (1) and paragraph (3), Article 13 paragraph (1), paragraph (3), and paragraph (4), Article 15, Article 16 paragraph (1), paragraph (2), paragraph (3), and paragraph (4), Article 17 paragraph (1) and paragraph (4), Article 18, Article 19 paragraph (1), paragraph (2), paragraph (6), paragraph (7), and paragraph (8), Article 20, Article 21, Article 22, Article 23 paragraph (1) and paragraph (3), Article 24, Article 25, Article 26, Article 28, Article 29 paragraph (1) and paragraph (3), Article 30 paragraph (1), paragraph (3), and paragraph (4), Article 31 paragraph (1) and paragraph (2), Article 32 paragraph (1) and paragraph (2), Article 33 paragraph (1) and paragraph (7), Article 34, Article 35 paragraph (1), Article 36, Article 37, Article 38, Article 39, and Article 41 paragraph (1), may be subject to administrative sanctions in the form of:
a. written warnings; b. fines;
c. prohibitions as primary parties in accordance with Financial Services Authority Regulations regarding reassessment for primary parties of Financial Service Institutions;
d. restrictions on products and/or services and/or business activities; e. freezing of products and/or services and/or business activities; f. revocation of product and/or service licenses; and g. revocation of business licenses. (2) Sanctions as referred to in paragraph (1) letters b through g may be imposed with or without prior imposition of written warning sanctions as referred to in paragraph (1) letter a. (3) Fine sanctions as referred to in paragraph (1) letter b may be imposed at most IDR 15,000,000,000.00 (fifteen billion rupiah).
Article 46
(1) Financial Service Providers must have functions or units for the implementation of Consumer and Community Protection provisions.
(2) Functions or units as referred to in paragraph (1) may be combined with other functions or units.
(3) Combination of functions or units as referred to in paragraph (2) follows provisions regulating the combination of functions or units for each respective Financial Service Provider. (4) In the event that there are no existing provisions regarding the combination of functions or units, Financial Service Providers may combine functions or units according to needs. (5) Combination of functions or units as referred to in paragraph (4) is conducted by avoiding conflicts of interest for Employees. (6) In forming functions or units as referred to in paragraph (1), Financial Service Providers consider:
a. the amount of assets; b. the number of offices;
c. the number and complexity of products and/or services;
d. the number of Consumer classifications; and/or e. the number of Financial Service Provider human resources.
Article 47
Consumer Protection functions or units have at least the following tasks:
a. providing socialization to all Employees in Financial Service Providers regarding Consumer and Community Protection; b. coordinating the planning and implementation process of Financial Service Provider compliance with provisions regarding Consumer and Community Protection in the financial services sector;
c. coordinating with relevant units for monitoring and evaluation of Financial Service Provider compliance with provisions regarding Consumer and Community Protection in the financial services sector;
d. reporting to the Board of Directors regarding the implementation of Consumer and Community Protection, and providing recommendations for improvement and development of Consumer and Community Protection; and e. coordinating the preparation and submission of reports related to Consumer and Community Protection in the financial services sector in accordance with legislation in the financial services sector.
Article 48
(1) The Board of Directors is responsible for compliance with the implementation of these Financial Services Authority Regulations.
(2) The Board of Commissioners must supervise the implementation of the Board of Directors' responsibilities regarding compliance with the implementation of these Financial Services Authority Regulations.
Article 49
Financial Service Providers must have reporting mechanisms to the Board of Directors for the fulfillment of compliance with these Financial Services Authority Regulations.
Article 50
(1) Financial Service Providers and/or parties failing to fulfill provisions as referred to in Article 46 paragraph (1), Article 48, and Article 49, may be subject to administrative sanctions in the form of:
a. written warnings; b. fines;
c. prohibitions as primary parties in accordance with Financial Services Authority Regulations regarding reassessment for primary parties of Financial Service Institutions;
d. restrictions on products and/or services and/or business activities; e. freezing of products and/or services and/or business activities; f. revocation of product and/or service licenses; and g. revocation of business licenses. (2) Sanctions as referred to in paragraph (1) letters b through g may be imposed with or without prior imposition of written warning sanctions as referred to in paragraph (1) letter a. (3) Fine sanctions as referred to in paragraph (1) letter b may be imposed at most IDR 15,000,000,000.00 (fifteen billion rupiah).
Article 51
(1) Consumers and the community can utilize services provided by the Financial Services Authority in the form of:
a. information reception services; b. information provision services; and
c. complaint services.
(2) Information that can be received and processed as referred to in paragraph (1) letter a and provided as referred to in paragraph (1) letter b, is information related to financial services sector characteristics, services, products, and other information. (3) Provisions regarding Consumer and community services by the Financial Services Authority are implemented in accordance with Financial Services Authority Regulations regarding the provision of Consumer and community services in the financial services sector by the Financial Services Authority.
Article 52
(1) For Consumer and Community Protection, the Financial Services Authority has the authority to conduct legal defense including:
a. ordering or taking specific actions to Financial Service Providers to resolve Consumer complaints; and/or b. filing lawsuits.
(2) In the event that Financial Service Providers do not execute orders or do not take specific actions as referred to in paragraph (1) letter a, Financial Service Providers are subject to sanctions in accordance with Laws regarding the Financial Services Authority. (3) Filing lawsuits as referred to in paragraph (1) letter b is conducted:
a. to recover the assets of parties harmed by parties causing harm, whether under the control of the party causing harm or under the control of other parties with bad faith; and/or b. to obtain compensation from parties causing harm to Consumers and/or Financial Service Institutions as a result of violations of legislation in the financial services sector. (4) Compensation as referred to in paragraph (3) letter b is only used for paying compensation to parties harmed. (5) Civil lawsuits for Consumer and Community Protection as referred to in paragraph (1) letter b are conducted based on the Financial Services Authority's assessment, not at the request of Consumers.
Article 53
(1) Financial Service Institutions and/or parties conducting activities in the financial services sector must fulfill requests for documents and/or information submitted by the Financial Services Authority for assessment as referred to in Article 52 paragraph (5). (2) Obligations as referred to in paragraph (1) are conducted in accordance with time limits determined by the Financial Services Authority. (3) Financial Service Institutions and/or parties conducting activities in the financial services sector failing to fulfill provisions as referred to in paragraph (1), may be subject to administrative sanctions in the form of:
a. written warnings; b. fines;
c. prohibitions as primary parties in accordance with Financial Services Authority Regulations regarding reassessment for primary parties of Financial Service Institutions;
d. restrictions on products and/or services and/or business activities; e. freezing of products and/or services and/or business activities; f. revocation of product and/or service licenses; and g. revocation of business licenses. (4) Sanctions as referred to in paragraph (3) letters b through g may be imposed with or without prior imposition of written warning sanctions as referred to in paragraph (3) letter a. (5) Fine sanctions as referred to in paragraph (3) letter b may be imposed at most IDR 15,000,000,000.00 (fifteen billion rupiah).
Article 54
The Financial Services Authority conducts market conduct supervision as fulfillment of Consumer and Community Protection provisions, by means of:
a. indirect supervision; and/or b. direct supervision.
Article 55
(1) For Consumer and Community Protection, the Financial Services Authority has the authority to:
a. conduct verification and special examinations regarding complaints; b. request Financial Service Providers to stop their activities if such activities have the potential to harm the community; and/or
c. take other actions deemed necessary in accordance with legislation.
(2) Financial Service Providers must execute requests as referred to in paragraph (1) letter b and execute follow-up actions resulting from other actions by the Financial Services Authority as referred to in paragraph (1) letter c. (3) Financial Service Providers failing to fulfill provisions as referred to in paragraph (2), may be subject to administrative sanctions in the form of:
a. written warnings; b. fines;
c. prohibitions as primary parties in accordance with Financial Services Authority Regulations regarding reassessment for primary parties of Financial Service Institutions;
d. restrictions on products and/or services and/or business activities; e. freezing of products and/or services and/or business activities; f. revocation of product and/or service licenses; and g. revocation of business licenses. (4) Sanctions as referred to in paragraph (3) letters b through g may be imposed with or without prior imposition of written warning sanctions as referred to in paragraph (3) letter a. (5) Fine sanctions as referred to in paragraph (3) letter b may be imposed at most IDR 15,000,000,000.00 (fifteen billion rupiah).
Article 56
(1) The Financial Services Authority may conduct guidance for Financial Service Providers based on supervision results regarding the fulfillment of Consumer and Community Protection provisions. (2) Further provisions regarding guidance for Financial Service Providers are determined by the Financial Services Authority.
Article 57
The Financial Services Authority may coordinate with relevant authorities, ministries, and/or institutions in the implementation of Consumer and Community Protection.
CHAPTER VIII
OTHER PROVISIONS
Article 58
(1) The obligation to have a function or unit as referred to in Article 46 paragraph (1) shall commence 6 (six) months after this Financial Services Authority Regulation is promulgated. (2) The obligation to carry out activities to increase financial literacy is exempted for Reinsurance Companies, Infrastructure Financing Companies, Employer Pension Funds, and Micro Financial Institutions.
CHAPTER IX
TRANSITIONAL PROVISIONS
Article 59
The inclusion and/or mention of a statement that Financial Service Entities are registered and supervised by the Financial Services Authority in every offer, product and/or service information summary, promotion, or product and/or service advertising that has been used prior to the effectiveness of this Financial Services Authority Regulation may continue to be used until December 31, 2022.
CHAPTER X
CLOSING PROVISIONS
Article 60
Upon the effectiveness of this Financial Services Authority Regulation:
a. all implementing regulations of Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector (State Gazette of the Republic of Indonesia Year 2013 Number 118, Supplement to the State Gazette of the Republic of Indonesia Number 5431); and b. implementing provisions regulating Consumer and Community Protection in the Financial Services Sector, are declared to remain in force insofar as they do not conflict with this Financial Services Authority Regulation.
Article 61
Upon the effectiveness of this Financial Services Authority Regulation:
a. Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector (State Gazette of the Republic of Indonesia Year 2013 Number 118, Supplement to the State Gazette of the Republic of Indonesia Number 5431) and implementing provisions regarding data confidentiality and data and/or personal information security of consumers; b. Article 32 of Financial Services Authority Regulation Number 76/POJK.07/2016 concerning the Enhancement of Financial Literacy and Inclusion in the Financial Services Sector for Consumers and/or the Community (State Gazette of the Republic of Indonesia Year 2016 Number 315, Supplement to the State Gazette of the Republic of Indonesia Number 6003); and
c. Bank Indonesia Regulation Number 7/6/PBI/2005 concerning Transparency of Bank Product Information and the Use of Customer Personal Data (State Gazette of the Republic of Indonesia Year 2005 Number 16, Supplement to the State Gazette of the Republic of Indonesia Number 4475),
are revoked and declared invalid.
Article 62
(1) This Financial Services Authority Regulation shall commence on the date of promulgation.
(2) For Micro Financial Institutions, this Financial Services Authority Regulation shall commence 5 (five) years after the date of promulgation.
This copy is in accordance with the original
Director of Law 1
Law Department signed
Mufli Asmawidjaja
To ensure that everyone knows it, order the promulgation of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on April 14, 2022
CHAIRMAN OF THE COMMISSIONERS BOARD
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
WIMBOH SANTOSO
Promulgated in Jakarta on April 18, 2022
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA, signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2022 NUMBER 99
EXPLANATION
FINANCIAL SERVICES AUTHORITY REGULATION
OF THE REPUBLIC OF INDONESIA
NUMBER 6 /POJK.07/2022
CONCERNING
CONSUMER AND COMMUNITY PROTECTION IN THE FINANCIAL SERVICES SECTOR
I. GENERAL
Article 4 of Law Number 21 of 2011 concerning the Financial Services Authority (OJK Law) states that the Financial Services Authority is formed with the objective that all financial service activities within the financial services sector are conducted in an orderly, fair, transparent, and accountable manner, and are able to realize a financial system that grows sustainably and stably, and is able to protect the interests of Consumers and the community. To protect Consumers and the community, the Financial Services Authority has the authority to take actions to prevent losses, provide consumer complaint services, and conduct legal defense as regulated in Article 28, Article 29, and Article 30 of the OJK Law.
To follow up on the authority in the aforementioned OJK Law, the Financial Services Authority has regulated Consumer Protection provisions in Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The aforementioned Financial Services Authority Regulation aims to create a reliable consumer protection system, enhance consumer empowerment, and foster awareness among Financial Service Entities (PUJK) regarding the importance of Consumer and Community Protection, thereby able to increase public trust in the financial services sector. However, in response to the rapid, complex, and dynamic development of innovation and technology in the financial services sector, efforts to strengthen Consumer and Community Protection and align new regulations and policies in the financial services sector require
improvements to Financial Services Authority Regulation Number 1/POJK.07/2013.
To realize effective Consumer and Community Protection, maintain Consumer trust, and ensure compliance with statutory regulations, this Financial Services Authority Regulation regulates that Financial Service Entities (PUJK) must fulfill Consumer and Community Protection principles, namely adequate education, openness and transparency of product and/or service information, fair treatment and responsible business behavior, asset, privacy, and Consumer data protection, and effective and efficient complaint handling and dispute resolution. The fulfillment of these principles is carried out in activities such as design, provision and dissemination of information, marketing, drafting agreements, providing services for the use of products and/or services, and handling and resolving Consumer complaints and disputes.
In light of this, the formation of this Financial Services Authority Regulation concerning Consumer and Community Protection in the Financial Services Sector is carried out.
II. ARTICLE BY ARTICLE
Article 1
Sufficiently clear.
Article 2
Letter a
What is meant by "adequate education" is a principle that prioritizes values and educational actions, including regarding the role of PUJK in providing:
Letter b
What is meant by "openness and transparency of information" is a principle that prioritizes clarity, accuracy, truthfulness, and non-misleading nature of information regarding products and/or services both before, during, and after the product and/or service is used by Consumers, including the provision of accurate data and/or information, and explanations regarding potential losses that may arise due to certain causes.
Letter c
What is meant by "fair treatment and responsible business behavior" is a principle that prioritizes fair, non-discriminatory, and responsible actions by PUJK in conducting its business while considering Consumer interests, including:
Letter d
What is meant by "protection of assets, privacy, and Consumer data" is a principle that emphasizes the certainty of the existence of procedures, mechanisms, and systems to provide protection guarantees, maintain the confidentiality and security of financial assets managed by PUJK, privacy, Consumer data and/or information, and use them in accordance with the interests and purposes agreed upon by Consumers and in accordance with statutory regulations.
Letter e
What is meant by "effective and efficient complaint handling and dispute resolution" is a principle that focuses on fulfilling Consumer rights in submitting complaints and resolving disputes, including devices, procedures, and mechanisms from receipt to resolution of complaints by PUJK and dispute resolution at affordable costs.
Article 3
What is meant by "Other Financial Service Institutions and/or parties conducting business activities of collecting funds, disbursing funds, managing funds in the financial services sector and who are stated to be supervised by the Financial Services Authority based on statutory regulations" includes, among others, Technology-Based Crowdfunding Service Providers, PT Permodalan Nasional Madani (Persero), and Crowdfunding Service Providers.
Article 4
Paragraph (1)
What is meant by PUJK good faith:
Paragraph (2)
What is meant by "discriminatory" is differentiating treatment of Consumers based on, among others, skin color, ethnicity, religion, and social class.
Article 5
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Letter a
Example:
reviewing the suitability of documents containing information of prospective Consumers and/or Consumers with actual facts, for example, by matching the suitability of the Consumer's residence with data on the Consumer's identity; if necessary, adequate surveys and interviews with Consumers may be conducted to investigate and verify the truthfulness of information contained in documents submitted by the Consumer.
Letter b
What is meant by "correct information and/or documents" is information and/or documents that correspond to the actual situation.
What is meant by "accurate information and/or documents" is information and/or documents that are conveyed precisely and completely and can be accounted for.
Letter c
What is meant by "other actions required in accordance with statutory regulations in the financial services sector" includes, among others, verifying data of prospective Consumers and/or Consumers that are required.
Paragraph (3)
Sufficiently clear.
Article 6
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Written Consumer protection policies and procedures may consist of 1 (one) unified document or several separate documents.
Article 7
Paragraph (1)
Letter a
Sufficiently clear.
Letter b
Example:
misusing authority, opportunity, or means available due to position or status, such as including restrictions or prohibitions on providing or trading Consumer personal data and/or information to third parties without Consumer consent in written consumer protection procedures, or using violence in collecting Consumer debts.
Paragraph (2)
The Consumer and Community Protection Code of Ethics may become part of the general PUJK Code of Ethics.
Article 8
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Example:
forms of responsibility for Consumer losses include, among others, compensation.
Paragraph (4)
Sufficiently clear.
Article 9
Sufficiently clear.
Article 10
Sufficiently clear.
Article 11
Paragraph (1)
Sufficiently clear.
Paragraph (2)
What is meant by "other data submitted or granted access to by Consumers to PUJK" includes, among others, photographs.
Paragraph (3)
Letter a
What is meant by "consent" is consent given in writing or consent through electronic media.
Letter b
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
What is meant by "reliable information technology" is information technology that can provide accurate services by ensuring authorized input, process, and output information, conducted securely, correctly, and completely.
Paragraph (6)
Sufficiently clear.
Paragraph (7)
Sufficiently clear.
Article 12
Paragraph (1)
What is meant by "Consumer target" is prospective Consumers and/or Consumers who are the target of PUJK in conducting product and/or service design and testing.
Paragraph (2)
Letter a
Consumer target needs and capabilities are known by considering, among others, the background and occupation of the Consumer target.
Letter b
Example:
suitability of features, risks, and costs with Consumer targets includes, among others, the suitability of product and/or service pricing with the needs and capabilities of Consumer targets.
Paragraph (3)
Sufficiently clear.
Article 13
Paragraph (1)
Testing of new products and/or services is conducted on products and/or services that:
a. are offered by PUJK for the first time; and b. are developments of existing products and/or services that result in material changes to the products and/or services, including, among others, selling products and/or services to new Consumer targets.
Testing may be conducted, among others, through surveys, marketing research, and/or limited trials of the aforementioned products and/or services.
Limited trials for licensing of products and/or services are conducted with reference to statutory regulations in the financial services sector.
Paragraph (2)
Potential Consumer losses are not included in risks inherent to products and/or services.
Example:
risks inherent to products and/or services are risks of value decline arising from market conditions.
Aspects evaluated in testing include, among others:
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Sufficiently clear.
Article 14
Letter a
What is meant by "authority" is Bank Indonesia and the Financial Services Authority.
Letter b
Sufficiently clear.
Article 15
Guidelines for setting prices and/or costs of products and/or services include, among others, costs incurred to produce products and/or services, expected profits, offer prices of products and/or services to Consumers, and penalty costs or costs in the form of sanctions.
Article 16
Paragraph (1)
Information regarding products and/or services includes, among others:
a. benefits that can be obtained; b. costs that must be paid;
c. risks that may have to be borne;
d. rights that can be obtained; e. obligations that must be fulfilled; f. requirements and procedures that must be fulfilled; and g. types of agreements that can be agreed upon.
Example:
risks that may have to be borne include, among others, risks of losses regarding:
a. customer transactions conducted through banks, such as foreign exchange transactions which may carry foreign exchange value decline risks; b. decline in the price of purchased stocks (capital loss); and
c. decline in the value of Investment-Linked Insurance Products (PAYDI).
The form of information provided by PUJK is set forth in documents or other electronic media, including, among others, product and/or service information summaries, leaflets, brochures, and advertisements.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
What is meant by "clearly readable" also includes the placement of letters, writing, symbols, diagrams, and signs that are not difficult to see or read.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
What is meant by "foreign language" in this paragraph is a foreign language used in international agreements.
Paragraph (6)
Sufficiently clear.
Article 17
Paragraph (1)
Product and/or service information summaries are made in writing in printed and/or electronic form.
Letter a
Number 1
What is meant by "product and/or service name" is the term used by PUJK to describe the product and/or service.
What is meant by "product and/or service type" is a classification used to group products and/or services used by PUJK according to their type and characteristics.
Number 2
What is meant by "issuer name" is the name of the PUJK that has issued the product and/or service.
Number 3
What is meant by "main features" is data explaining the characteristics of the product and/or service.
Number 4
What is meant by "benefits" is something advantageous obtained from purchasing a product and/or utilizing a service, including methods, provision of benefits, and methods of calculating benefits in the form of interest or profit sharing.
Number 5
What is meant by "risks" is negative impacts that can cause losses due to a process that is ongoing or future events that occur in the ownership, use, and/or utilization of products and/or services.
Number 6
What is meant by "requirements and procedures" is the mechanisms and/or procedures that must be fulfilled by Consumers in using, purchasing, or utilizing products and/or services. Information that must be fulfilled includes, among others, as follows:
a. documents that the Consumer must prepare, including conveying the Consumer's obligation to provide information and/or data according to actual conditions and consequences if the Consumer does not convey actual information and/or data; and b. procedures that can be taken in the event of complaints in the purchase of products and/or utilization of services.
Number 7
What is meant by "costs" is all financial charges to Consumers, including, among others, opening costs, interest costs, insurance costs, provision or commission fees, fines, and penalties.
For types of costs whose amounts cannot be determined in advance, an explanation of the estimate or the basis for the estimate used is provided along with an explanation.
Number 8
What is meant by "additional information" is information that can be provided in addition to the above information, but is still relevant to the purpose of the product and/or service information summary.
Letter b
What is meant by "simulation" is a prototype illustration based on the characteristics of the product and/or service and influencing conditions using specific calculations. The simulations provided may use several calculation scenarios, namely best-case calculations, standard calculations, and worst-case calculations. In addition, past performance may be disclosed.
What is meant by "historical data" is a description of annual historical performance over a minimum period of the last 5 (five) years.
Example:
Simulations and/or historical data in products and/or services:
Paragraph (2)
What is meant by "product and/or service information summary" is a document or other media containing characteristics and important or main information regarding products and/or services.
What is meant by "general version product and/or service information summary" is a product and/or service information summary that is not individual or personal and is prepared for all prospective Consumers in printed and electronic form.
What is meant by "personal version product and/or service information summary" is a product and/or service information summary that is specific and specifically prepared for certain prospective Consumers in printed and electronic form.
Paragraph (3)
Letter a
Example:
Government or authority programs include, among others, rice farming business insurance, cattle farming business insurance, Student Savings (SimPel), Student and Youth Savings (SiMuda), and Officeless Financial Services Program in the Context of Inclusive Finance (Laku Pandai).
Letter b
Example:
Products and/or services used repeatedly include, among others:
Paragraph (4)
Product and/or service information summaries or equivalents thereof have fulfilled the information elements in product and/or service information summaries.
Article 18
Paragraph (1)
Letter a
Sufficiently clear.
Letter b
What is meant by "before signing the agreement with prospective Consumers" also includes confirmation of consent or authorization from Consumers.
The signing referred to may be conducted through electronic media or in the form of wet signatures. The agreements referred to include contracts (akad).
Paragraph (2)
Sufficiently clear.
Article 19
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Example Products and/or services that are collective in nature include, among others, group insurance and employer pension funds.
What is meant by "prospective Consumer" is prospective insureds, prospective participants, or prospective policyholders.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
Letter a
Sufficiently clear.
Letter b
The delivery of product and/or service information summaries delivered through electronic media is in the form of applications, devices, digital delivery aids/media, or web-based sites.
Letter c
What is meant by "prospective Consumer's personal communication media" is personal communication media, including, among others, telephones, mobile phones, electronic mail, short message service, voicemail, video calls, and instant messaging applications.
Paragraph (6)
What is meant by "PUJK product reference" is when PUJK acts as a referrer or recommender of another PUJK's product and/or service that is a requirement to obtain a product from the respective PUJK to prospective Consumers. The delivery and explanation of product and/or service information summaries for the reference business model for products
PUJK is conducted with reference to regulations in the financial services sector.
Example:
A home loan (KPR) accompanied by an offer for home fire insurance and life insurance for the Consumer.
Paragraph (7)
Confirmation is conducted by asking questions regarding the prospective Consumer's understanding.
Paragraph (8)
Example:
other media that can be used as evidence includes recordings.
Paragraph (9)
This is clear enough.
Article 20
Paragraph (1)
This is clear enough.
Paragraph (2)
Examples of exceptions, unless otherwise regulated by statutory regulations, are as follows:
A prospective Consumer's savings account, after due diligence, is indicated to be involved in money laundering crimes in accordance with Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes and/or involved in terrorism financing crimes in accordance with Law Number 9 of 2013 concerning the Prevention and Eradication of Terrorism Financing Crimes, the Financial Services Institution (PUJK) is not required to provide reasons for rejection.
Article 21
Paragraph (1)
Letter a
This is clear enough.
Letter b
The term “licensed” means obtaining business permits, approvals, registrations, confirmations of effectiveness, statements of effectiveness, or records from the Financial Services Authority (OJK).
Paragraph (2)
This is clear enough.
Paragraph (3)
This is clear enough.
Article 22
Example:
misusing the situation or condition of the prospective Consumer and/or the community in the context of offering products and/or services includes, among others, a prospective Consumer needing money to finance hospital treatment and, at the same time, the PUJK offering credit or financing without considering the prospective Consumer's ability to pay.
Article 23
Paragraph (1)
Example of considering the suitability between the prospective Consumer's needs and abilities with the products and/or services offered to the prospective Consumer:
a. the provision of a home loan (KPR) requires suitability with the Consumer's ability to pay installments and the existence of the Consumer's need for home ownership. b. the provision of time deposits considering the Consumer's ability to deposit funds and the existence of the Consumer's needs, such as for children's education.
c. the provision of health insurance products appropriate to the policyholder's or insured's health condition.
Paragraph (2)
Letter a
Example:
the prospective Consumer's background includes, among others, education, age, family status, and special needs (if any).
Letter b
Example:
the prospective Consumer's occupation includes, among others, the type of occupation and employment status.
Letter c
Example:
the prospective Consumer's finances include, among others, income and/or expenses.
Letter d
Example:
purpose and intent of using products and/or services from the PUJK include, among others, working capital, investment, and education funds.
Letter e
Example:
other information used to determine the classification of the prospective Consumer includes, among others, health history.
Paragraph (3)
This is clear enough.
Article 24
Paragraph (1)
This is clear enough.
Paragraph (2)
This is clear enough.
Paragraph (3)
Example:
responsible for products and/or services chosen by the Consumer includes, among others, cooperation in marketing insurance products through bancassurance. The Insurance Company is responsible for the risks of the insurance products offered by the Commercial Bank, and the Commercial Bank is responsible for the risks of the banking products issued.
Article 25
Paragraph (1)
Prospective Consumer consent is obtained before the PUJK contacts the prospective Consumer or before offering products and/or services through personal communication channels.
Paragraph (2)
This is clear enough.
Paragraph (3)
This is clear enough.
Paragraph (4)
This is clear enough.
Paragraph (5)
The term “voice and/or video recording” means recording activities conducted in all processes of offering products and/or services using at least electronic devices capable of recording voice and/or video. Personal communication channels for prospective Consumers using voice and/or video include, among others, telephones, mobile phones, and video calls.
Paragraph (6)
This is clear enough.
Paragraph (7)
The term “approving the offer” means the prospective Consumer decides to use the products and/or services offered by the PUJK.
Paragraph (8)
This is clear enough.
Article 26
The term “conflict of interest for offers to prospective Consumers and/or Consumers” means a conflict between the economic interests of the company, or the personal interests of the Board of Directors, Board of Commissioners, Employees, and/or third parties working for or representing the PUJK, and the interests of the Consumer in obtaining products and/or services during the offering process.
Example:
information regarding conflict of interests includes, among others, the disclosure of commissions for Employees or third parties working for or representing the PUJK attached to products and/or services and/or charged to the Consumer.
Article 27
This is clear enough.
Article 28
Example:
misusing the situation of the prospective Consumer and/or Consumer in the context of drafting agreements includes, among others, a prospective Consumer having urgent needs requiring credit from a Commercial Bank. This situation is exploited by the Commercial Bank by adding agreement terms inconsistent with the prospective Consumer's ability and requesting the prospective Consumer to sign the agreement immediately.
Article 29
Paragraph (1)
Confirmation is conducted by asking questions regarding the prospective Consumer's understanding of agreement clauses, including cost details, benefits, risks, and rights and obligations. The term “rights and obligations” includes, among others:
a. complaint handling mechanisms; b. the Consumer's right to terminate the agreement without penalties or sanction-based costs if within the cooling-off period;
c. early repayment penalties; and
d. receiving reports on savings, loans, or Consumer funds positions.
Paragraph (2)
The provision of sufficient time is adjusted to each PUJK's policies and the characteristics of the products and/or services.
Paragraph (3)
Example:
documents or other media that can be used as evidence include, among others:
Article 30
Paragraph (1)
The term “standard agreement” means a contract between the PUJK and the Consumer whose content is designed, formulated, established, duplicated, and offered unilaterally by the PUJK for mutual agreement with the Consumer.
Paragraph (2)
The term “in electronic form” includes digital form.
Paragraph (3)
This is clear enough.
Paragraph (4)
The term “exoneration/exemption clauses” refers to clauses whose content adds rights and/or reduces the PUJK's obligations, or reduces rights and/or adds the Consumer's obligations.
Paragraph (5)
Letter a
Example of clauses transferring the PUJK's responsibility or obligations to the Consumer:
“Consumers release the PUJK from responsibility and the provision of compensation in any form that may arise from complaints or lawsuits filed by the Consumer or their representative.” This standard clause transfers responsibilities that are legally the business actor's responsibilities to the Consumer through the agreement.
Letter b
This is clear enough.
Letter c
This is clear enough.
Letter d
Example of the PUJK reducing the utility of products and/or services:
The PUJK changes the insurance coverage (coverage) value.
Letter e
The power of attorney mentioned must be made separately from the standard agreement and follow statutory regulations.
Letter f
The term “adding, changing, and/or providing subsequent rules unilaterally after the agreement is approved/agreed” includes rules that result in the emergence of new rules.
Letter g
This is clear enough.
Letter h
This is clear enough.
Letter i
This is clear enough.
Letter j
This is clear enough.
Letter k
This is clear enough.
Letter l
This is clear enough.
Article 31
Paragraph (1)
This is clear enough.
Paragraph (2)
Example of notifications to Consumers include announcements via the PUJK's website, email, and direct letters to the Consumer.
Paragraph (3)
This is clear enough.
Paragraph (4)
Letter a
Examples set by the government or authorities include, among others, insurance premium costs for the agricultural sector set by the government.
Letter b
This is clear enough.
Letter c
This is clear enough.
Paragraph (5)
Consumers must first fulfill their obligations as stated in the agreement before terminating the use of products and/or services.
Paragraph (6)
This is clear enough.
Article 32
Paragraph (1)
Letter a
This is clear enough.
Letter b
The term “confirming Consumer approval or rejection” means the changes are confirmed personally to the Consumer to obtain the Consumer's approval.
Letter c
Examples of other media that can be used as evidence:
Paragraph (2)
This is clear enough.
Paragraph (3)
Letter a
Examples set by the government or authorities include, among others, interest rates for People's Business Credit (KUR) set by the government.
Letter b
Examples of reference rates for setting obligations include, among others, base interest rates set by the authority.
Letter c
Example:
Regarding corporate credit, the setting of obligations, benefits, and rights is conducted through a negotiation process.
Paragraph (4)
Consumers must first fulfill their obligations as stated in the agreement before terminating the use of products and/or services.
Paragraph (5)
This is clear enough.
Article 33
Paragraph (1)
The cooling-off period is provided by the PUJK to the Consumer to review the agreement documents to either execute or cancel the agreement.
Letter a
The term “products and/or services with long terms” refers to products and/or services with agreed terms longer than 1 (one) year, such as long-term life insurance and pension funds.
Letter b
The term “products and/or services that are complex” may include derivative products or products combining 2 (two) financial products such as unit links, or products and/or services resulting from cooperation activities.
Paragraph (2)
Examples of approving agreements include, among others, agreement approval via telemarketing methods, approval via electronic media (websites, telephones, applications), or signing the agreement.
Paragraph (3)
Regulations applicable to each product and/or service include mechanisms and timeframes for providing the cooling-off period.
Paragraph (4)
Letter a
Examples of government or authority programs include, among others, rice farming insurance, cattle farming insurance, Student Savings (SimPel) products, Student and Youth Savings (SiMuda), and the Financial Services Without Branches Program for Inclusive Finance (Laku Pandai).
Letter b
Examples of products and/or services used repeatedly by Consumers include, among others:
Letter c
Examples of group nature include, among others, group insurance and employer pension funds.
Letter d
This is clear enough.
Paragraph (5)
This is clear enough.
Paragraph (6)
This is clear enough.
Paragraph (7)
This is clear enough.
Article 34
Paragraph (1)
The term “assignment of claim rights to other parties” refers to legal acts as regulated in Article 613 of the Civil Code, and for Sharia products, ensuring compliance with Sharia principles.
Paragraph (2)
Letter a
This is clear enough.
Letter b
Notifications to Consumers are conducted through correspondence channels agreed upon by the Consumer and the PUJK.
Notifications to Consumers include informing the value of the assigned claim rights.
Paragraph (3)
The term “not causing losses to the Consumer” means that the assignment of claim rights to other parties does not result in additional costs, changes in benefits, risks, rights, and obligations contrary to the terms and conditions regulated in the credit or financing agreement with the PUJK.
Article 35
Paragraph (1)
The term “equal access for every Consumer according to Consumer classification” means providing equal usage access to products and/or services for Consumers with the same classification.
Paragraph (2)
Special services for Consumers with disabilities and the elderly include, among others:
a. providing forms using Braille; b. service providers providing application features considering persons with disabilities;
c. providing ramp access;
d. priority queues for persons with disabilities and the elderly; e. providing trained staff to serve persons with disabilities and the elderly; f. providing special ATMs for persons with disabilities; or g. providing information media considering Consumers with disabilities, which facilitates persons with disabilities and the elderly to obtain products and/or services. The term “persons with disabilities” refers to every person experiencing physical, intellectual, mental, and/or sensory limitations over a long period, which, when interacting with the environment, may experience hindrances and difficulties in participating fully and effectively with other citizens based on equal rights, as regulated in statutory regulations concerning persons with disabilities.
The term “elderly” refers to a person aged 60 (sixty) years or older.
Article 36
This is clear enough.
Article 37
The term “proof” may be in electronic form.
Proof of ownership of products and/or utilization of services includes, among others, insurance policies, deposit certificates, mutual fund confirmation letters, copies of loan agreements, or copies of financing agreements.
Article 38
This is clear enough.
Article 39
Examples of Consumer instructions include, among others, power of attorney for fund deductions for mutual fund investments according to Consumer approval, requests for fund transfers, buying or selling stocks according to Consumer instructions.
Article 40
The term “adequate capacity” refers to understanding the complexity of products and/or services and Consumer classification.
Article 41
This is clear enough.
Article 42
Paragraph (1)
The term “court” includes religious courts.
Paragraph (2)
This is clear enough.
Paragraph (3)
This is clear enough.
Article 43
This is clear enough.
Article 44
Paragraph (1)
This is clear enough.
Paragraph (2)
The term “other Financial Service Institutions and/or parties conducting business activities of fund collection, fund distribution, and/or fund management in the financial services sector” refers to other Financial Service Institutions and/or parties conducting business activities of fund collection, fund distribution, and/or fund management in the financial services sector outside of Information Technology-Based Money Lending Service Providers, PT Permodalan Nasional Madani (Persero), and Crowdfunding Service Providers.
Article 45
This is clear enough.
Article 46
Paragraph (1)
The term “functions or units” refers to Consumer and Community Protection functions or units outside of financial literacy functions, financial inclusion functions, and complaint handling functions.
Paragraph (2)
This is clear enough.
Paragraph (3)
This is clear enough.
Paragraph (4)
This is clear enough.
Paragraph (5)
Examples of PUJK avoiding conflicts of interest include, among others, Marketing Employees who also handle complaints and are involved in complaints by Consumers are not allowed to handle such complaints.
Paragraph (6)
This is clear enough.
Article 47
This is clear enough.
Article 48
This is clear enough.
Article 49
The term “reporting mechanism” refers to, among others, procedures and/or systems.
Article 50
This is clear enough.
Article 51
Paragraph (1)
This is clear enough.
Paragraph (2)
Information regarding the characteristics of the financial services sector, services, and products includes:
Paragraph (3)
This is clear enough.
Article 52
Paragraph (1)
This is clear enough.
Paragraph (2)
This is clear enough.
Paragraph (3)
Letter a
The term “bad faith” refers to bad faith based on the Financial Services Authority's (OJK) assessment.
Letter b
This is clear enough.
Paragraph (4)
This is clear enough.
Paragraph (5)
The term “based on the Financial Services Authority's (OJK) assessment” means that violations committed by a party against statutory regulations in the financial services sector result in material losses to Consumers, the community, or the financial services sector.
Article 53
This is clear enough.
Article 54
The term “market conduct supervision” refers to supervision of PUJK behavior in designing, providing, and delivering information, offering, drafting agreements, providing services for the use of products and/or services, as well as handling complaints and dispute resolution in efforts to realize Consumer and Community Protection.
Letter a
Indirect supervision includes, among others, early supervision through research/study, analysis, and evaluation of PUJK reports.
Letter b
Direct supervision includes, among others, field observation, thematic examinations, and special examinations.
Article 55
Paragraph (1)
Letter a
This is clear enough.
Letter b
Example:
requesting the PUJK to stop its activities includes, among others, the Financial Services Authority (OJK) requesting the PUJK to stop advertisements or make changes to standard agreements.
Letter c
Example:
conducting other actions deemed necessary in accordance with statutory regulations includes, among others, summoning the PUJK to create an action plan.
Paragraph (2)
This is clear enough.
Paragraph (3)
This is clear enough.
Paragraph (4)
This is clear enough.
Paragraph (5)
This is clear enough.
Article 56
Forms of guidance for PUJK include, among others, requests for follow-up on direct and/or indirect supervision.
Article 57
This is clear enough.
Article 58
This is clear enough.
Article 59
This is clear enough.
Article 60
This is clear enough.
Article 61
This is clear enough.
Article 62
This is clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6788
Read the rest free
Amended 1 time · last 2023-12-22
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
More like this from OJK
OJK published 7 documents in the last 30 days. We email you each new one the day it's published.