2018-09-10 | 18/POJK.07/2018Added
Financial Services Authority Regulation No. 18/POJK.07/2018 mandates Financial Business Actors (PUJK) to establish consumer complaint services, including written procedures, dedicated units, and staff training. It sets strict timelines for handling complaints: five working days for oral complaints and twenty working days for written complaints, with specific provisions for extensions and alternative dispute resolution. Non-compliance with reporting obligations incurs administrative fines of Rp100,000 per day of delay, capped at Rp10,000,000 for most entities.
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FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
COPY
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 18 /POJK.07/2018
CONCERNING
CONSUMER COMPLAINT SERVICES IN THE FINANCIAL SERVICES SECTOR WITH THE GRACE OF GOD THE ALMIGHTY THE BOARD OF COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY,
Considering: a. that one of the objectives of establishing the Financial Services Authority is to realize all activities in the financial services sector capable of protecting consumer and public interests; b. that one way to realize activities capable of protecting interests is by imposing obligations on financial services business actors to have consumer complaint services;
c. that consumer complaint services serve as a venue to accommodate consumer complaints, including potential material losses from products and/or services of financial services business actors utilized by consumers;
d. that based on considerations as referred to in letters a through c, it is necessary to establish a Financial Services Authority Regulation concerning Consumer Complaint Services in the Financial Services Sector;
Recalling: 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);
DECIDING:
Establishing: FINANCIAL SERVICES AUTHORITY REGULATION CONCERNING CONSUMER COMPLAINT SERVICES IN THE FINANCIAL SERVICES SECTOR.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined:
CHAPTER II
OBJECTIVES, SCOPE, AND PRINCIPLES OF COMPLAINT SERVICES
Section One
Objectives of Complaint Services
Article 2
The objective of the Complaint Service is to resolve Complaints to provide Consumer protection.
Section Two
Scope of Complaint Services
Article 3
The Scope of Complaint Services consists of:
a. receipt of Complaints; b. handling of Complaints; and
c. resolution of Complaints.
Section Three
Principles of Complaint Services
Article 4
PUJKs are prohibited from charging fees for Complaint Services to Consumers.
Article 5
(1) PUJKs are required to have written procedures regarding Complaint Services.
(2) PUJKs are required to include a brief procedure of the Complaint Service as referred to in paragraph (1) in agreements and/or Financial Transaction documents.
Article 6
(1) PUJKs are required to publish:
a. a brief procedure of the Complaint Service to Consumers and/or the public; and b. the handling of Complaints received by the PUJK in annual reports, the PUJK's website, and/or other media officially managed by the PUJK. (2) Further provisions regarding the publication of Complaint handling are regulated in a Financial Services Authority Circular.
CHAPTER III
COMPLAINT SERVICES
Section One
Receipt of Complaints
Article 7
(1) PUJKs are required to receive and record every Complaint submitted by Consumers and/or Consumer Representatives.
(2) Complaints as referred to in paragraph (1) can be done orally and/or in writing.
(3) The receipt of Complaints as referred to in paragraph (1) is conducted at every PUJK office.
Article 8
PUJKs are required to explain to Consumers and/or Consumer Representatives the brief procedure of the Complaint Service when Consumers and/or Consumer Representatives submit a Complaint.
Article 9
(1) PUJKs are required to conduct verification to ensure the accuracy of information regarding the Consumer.
(2) In the case of oral Complaints, PUJKs conduct verification when the Complaint is conveyed by the Consumer and/or Consumer Representative. (3) In the case of written Complaints, PUJKs conduct verification by reviewing the completeness of documents submitted by the Consumer and/or Consumer Representative.
Article 10
(1) PUJKs are required to handle Complaints in writing when Consumers and/or Consumer Representatives have completed the required documents. (2) The documents required by the PUJK as referred to in paragraph (1) consist of:
a. identity of the Consumer and/or Consumer Representative; b. special power of attorney;
c. type and date of the Financial Transaction; and
d. the problem being complained about.
(3) The special power of attorney as referred to in paragraph (2) letter b is submitted when the Consumer delegates the Complaint process to a Consumer Representative. (4) In the event that Consumers and/or Consumer Representatives have documents directly related to the problem submitted, the PUJK may designate such documents as mandatory documents to be completed by the Consumer and/or Consumer Representative. (5) In the event that Consumers and/or Consumer Representatives have not met the documents as referred to in paragraph (2) and/or paragraph (4), the PUJK is required to inform and request the missing documents to the Consumer and/or Consumer Representative. (6) PUJKs are required to give Consumers and/or Consumer Representatives a period of 20 (twenty) working days to complete the missing documents as referred to in paragraph (5). (7) In the event of specific conditions, the PUJK may extend the period as referred to in paragraph (6) for a period of 20 (twenty) working days. (8) Specific conditions as referred to in paragraph (7) are:
a. the required documents are not located at the Consumer's domicile; and/or b. there are other matters beyond the Consumer's control.
Article 11
(1) PUJKs are required to submit a confirmation of receipt of the Complaint to Consumers and/or Consumer Representatives who submitted oral Complaints. (2) The confirmation of receipt of the Complaint as referred to in paragraph (1) consists of at least:
a. the Complaint registration number; and b. the date of receipt of the Complaint.
(3) The confirmation of receipt of the Complaint as referred to in paragraph (2) is submitted by employees in the Complaint Service function or unit that received the Complaint.
Article 12
(1) PUJKs are required to submit proof of receipt of the Complaint to Consumers and/or Consumer Representatives who submitted written Complaints. (2) The proof of receipt of the Complaint as referred to in paragraph (1) consists of at least:
a. the Complaint registration number; b. the date of receipt of the Complaint; and
c. the telephone number of the PUJK's Complaint Service function or unit that can be contacted by the Consumer and/or Consumer Representative.
(3) The proof of receipt of the Complaint as referred to in paragraph (2) is signed or issued by employees in the Complaint Service function or unit that received the Complaint.
Article 13
Further provisions regarding the receipt of Complaints are regulated in a Financial Services Authority Circular.
Section Two
Handling of Complaints
Article 14
(1) After receiving a Complaint from Consumers and/or Consumer Representatives, PUJKs are required to follow up with:
a. internal examination of the Complaint competently, correctly, and objectively; and b. analysis to ensure the accuracy of the Complaint. (2) If necessary, PUJKs may request documents or information from Consumers and/or other parties.
Article 15
(1) PUJKs are required to follow up and resolve oral Complaints within a maximum of 5 (five) working days since the Complaint was received by the PUJK. (2) In the event that the PUJK needs supporting documents for Complaints conveyed orally by Consumers and/or Consumer Representatives as referred to in paragraph (1), the PUJK requests Consumers and/or Consumer Representatives to submit the Complaint in writing by attaching the required supporting documents.
Article 16
(1) PUJKs are required to follow up and resolve written Complaints within a maximum of 20 (twenty) working days since the documents directly related to the Complaint as referred to in Article 10 paragraph (2) and/or paragraph (4) are received completely. (2) In the event of specific conditions, the PUJK may extend the period by a maximum of 20 (twenty) working days since the period as referred to in paragraph (1) expires. (3) Specific conditions as referred to in paragraph (2) are:
a. the PUJK office receiving the Complaint is not the same as the PUJK office where the complained problem occurred, and there are communication obstacles between the two PUJK offices; b. the Complaint submitted by Consumers and/or Consumer Representatives requires special research into PUJK documents; and/or
c. there are other matters beyond the PUJK's control.
(4) The extension of the Complaint resolution period as referred to in paragraph (2) must be notified in writing to Consumers and/or Consumer Representatives who submitted the Complaint before the period as referred to in paragraph (1) expires. (5) Complaint resolution outside the period as referred to in paragraph (1) and paragraph (2) may be conducted by the PUJK with the following requirements:
a. the resolution of the Complaint requires follow-up by other parties; and b. the follow-up conducted by the other parties affects the Complaint resolution period as referred to in paragraph (1) and paragraph (2). (6) In the event that the other party as referred to in paragraph (5) is a PUJK, the other party is required to submit Complaint follow-up within a maximum of 20 (twenty) working days since the date of the follow-up request from the PUJK that received the initial Complaint. (7) Complaint resolution outside the period as referred to in paragraph (5) must be notified in writing to Consumers and/or Consumer Representatives.
Article 17
(1) In the event that the Complaint relates to PUJK employees who have the authority to resolve the Complaint, the handling of the Complaint must be transferred to other employees with a rank no lower than the employee concerned. (2) In the event that the Complaint relates to the head of the PUJK office where the Consumer experienced the problem, the handling of the Complaint must be resolved by employees in the Complaint Service function or unit at the PUJK's headquarters or at other offices with a rank no lower than the head of the PUJK office concerned.
Article 18
PUJKs are required to provide information regarding the status of Complaint handling when Consumers and/or Consumer Representatives request explanations from the PUJK regarding the Complaint they submitted.
Article 19
PUJKs may refuse to handle Complaints if:
a. Consumers and/or Consumer Representatives do not complete document requirements within the established time limit; b. Previous Complaints have been resolved by the PUJK in accordance with this Financial Services Authority Regulation;
c. The Complaint is not related to actual and/or potential material losses, reasonable, and direct as stated in agreements and/or Financial Transaction documents; and/or
d. The Complaint is not related to Financial Transactions issued by the PUJK concerned.
Article 20
Further provisions regarding the handling of Complaints are regulated in a Financial Services Authority Circular.
Section Three
Resolution of Complaints
Article 21
(1) PUJKs are required to provide Complaint Responses to Consumers and/or Consumer Representatives for Complaints received.
(2) In the event that the Complaint is submitted in writing, the PUJK submits the Complaint Response in writing.
(3) In the event that the Complaint is submitted orally, the PUJK submits the Complaint Response orally and/or in writing.
Article 22
(1) PUJKs may submit Complaint Responses consisting of:
a. an explanation of the problem, in the event that there is no error by the PUJK causing losses and/or potential losses to the Consumer; or b. an offer for resolution, in the event that there is an error by the PUJK causing losses and/or potential losses to the Consumer. (2) PUJKs may specify a period for Consumers to approve or reject Complaint Responses consisting of resolution offers. (3) PUJKs are required to take resolution steps agreed upon in the event that Consumers and/or Consumer Representatives approve the Complaint Response consisting of a resolution offer from the PUJK. (4) PUJKs are required to provide written confirmation in the event that oral Complaint Responses are not approved by Consumers and/or Consumer Representatives.
Article 23
Further provisions regarding the resolution of Complaints are regulated in a Financial Services Authority Circular.
Section Four
Objections to Complaint Responses
Article 24
(1) PUJKs are required to handle objections from Consumers and/or Consumer Representatives against Complaint Responses submitted by the PUJK if Consumers and/or Consumer Representatives submit new documents that may result in changes to the PUJK's Complaint Response. (2) PUJKs are required to resolve objections submitted by Consumers and/or Consumer Representatives within the period as referred to in Article 16. (3) Further provisions regarding objections to Complaint Responses are regulated in a Financial Services Authority Circular.
CHAPTER IV
DISPUTE RESOLUTION IN THE FINANCIAL SERVICES SECTOR
Article 25
(1) In the event that Consumers and/or Consumer Representatives reject the Complaint Response from the PUJK, the PUJK is required to provide information to Consumers and/or Consumer Representatives regarding dispute resolution efforts that can be conducted through courts or out of court. (2) Out-of-court dispute resolution as referred to in paragraph (1) is conducted through Alternative Dispute Resolution Institutions listed in the List of Alternative Dispute Resolution Institutions established by the Financial Services Authority. (3) Clauses selecting dispute resolution through courts or out of court as referred to in paragraph (1) are included in agreements and/or Financial Transaction documents between the PUJK and the Consumer.
CHAPTER V
COMPLAINT SERVICE FUNCTION OR UNIT
Article 26
(1) PUJKs are required to establish a Complaint Service function or unit to receive and/or resolve Complaints submitted by Consumers and/or Consumer Representatives. (2) The establishment of the function or unit as referred to in paragraph (1) may be attached to other functions or units except for compliance, risk management, and internal audit functions or units. (3) The Complaint Service function or unit as referred to in paragraph (1) must be established at every PUJK office. (4) In establishing the Complaint Service function or unit as referred to in paragraph (1), PUJKs consider:
a. the amount of PUJK assets; b. the number of PUJK offices;
c. the number of PUJK financial services products and/or services;
d. the number of Consumers; and/or e. the number of PUJK human resources.
Article 27
The Complaint Service function or unit has at least the following duties:
a. receiving, handling, and resolving Complaints submitted by Consumers and/or Consumer Representatives; b. establishing performance targets, monitoring, evaluating, and reporting on Complaint Service performance;
c. reporting to the PUJK Board of Directors regarding the Complaint Service process, and providing recommendations for improvement and development of the Complaint Service process;
d. compiling and submitting Complaint Service reports to the Financial Services Authority through the PUJK Board of Directors; e. compiling materials for Complaint handling to be included in annual reports, websites, and/or other media officially managed by the PUJK; and f. serving as a liaison for Complaint handling submitted by Consumers and/or Consumer Representatives to the Financial Services Authority and/or other authorities.
Article 28
PUJKs are required to provide information facilities to publicize the existence of the Complaint Service function or unit to the public.
Article 29
Employees in the Complaint Service function or unit must have at least:
a. knowledge of the types of financial services products and/or services provided or issued by the PUJK, as well as Complaint handling; and b. authority to handle Complaints.
Article 30
Further provisions regarding the Complaint Service function or unit are regulated in a Financial Services Authority Circular.
CHAPTER VI
HUMAN RESOURCE DEVELOPMENT
Article 31
(1) PUJKs are required to conduct Complaint Service training for PUJK employees.
(2) Further provisions regarding human resource development are regulated in a Financial Services Authority Circular.
CHAPTER VII
ROLE OF PUJK BOARD OF DIRECTORS AND BOARD OF COMMISSIONERS
Article 32
(1) The PUJK Board of Directors is required to appoint:
a. Board of Directors members, or officials equivalent to the Board of Directors at the headquarters; and b. officials and/or employees at every office other than the headquarters, to perform the Complaint Service function or unit. (2) Officials performing the Complaint Service function or unit as referred to in paragraph (1) letter a are directly responsible to the PUJK Board of Directors. (3) The PUJK Board of Directors is required to ensure the compilation and implementation of Complaint Service procedures.
Article 33
The PUJK Board of Commissioners is required to ensure that the PUJK Board of Directors has and implements Complaint Service procedures.
Article 34
Further provisions regarding the role of the PUJK Board of Directors and Board of Commissioners are regulated in a Financial Services Authority Circular.
CHAPTER VIII
COMPLAINT SERVICE PROCEDURES
Article 35
(1) Complaint Service procedures must be compiled considering the complaint reception facilities owned by the PUJK.
(2) Procedures as referred to in paragraph (1) must be applied by the PUJK.
(3) Complaint Service procedures consist of at least the receipt of Complaints, handling of Complaints, resolution of Complaints, and the authority of the Complaint Service function or unit.
Article 36
Procedures for the receipt, handling, and resolution of Complaints as referred to in Article 35 must each contain at least the obligations of the Complaint Service function or unit in receiving, handling, and resolving Complaints.
Article 37
Further provisions regarding Complaint Service procedures are regulated in a Financial Services Authority Circular.
CHAPTER IX
SUSTAINABLE MAINTENANCE AND IMPROVEMENT MANAGEMENT OF COMPLAINT SERVICES
Article 38
(1) PUJKs are required to have sustainable maintenance and improvement management of Complaint Services.
(2) Sustainable maintenance and improvement management of Complaint Services as referred to in paragraph (1) includes:
a. information collection; b. analysis, evaluation, and reporting of Complaint Services;
c. audit of Complaint handling;
d. management review; and e. continuous improvement.
Article 39
(1) PUJKs are required to maintain a register of Complaint receipts.
(2) The register of Complaint receipts as referred to in paragraph (1) consists of at least components of the confirmation of receipt of Complaints as referred to in Article 11 paragraph (2) and proof of receipt of Complaints as referred to in Article 12 paragraph (2).
Article 40
PUJKs are required to account for all documents related to Consumer Complaint Services.
Article 41
Further provisions regarding sustainable maintenance and improvement management of Complaint Services are regulated in a Financial Services Authority Circular.
CHAPTER X
COMPLAINT SERVICE REPORTS
Article 42
PUJKs are required to have an internal reporting mechanism for Complaint Services.
Article 43
(1) PUJKs are required to compile and submit Complaint Service reports quarterly to the Financial Services Authority.
(2) Complaint Service reports as referred to in paragraph (1) are submitted to the Financial Services Authority no later than the 10th day of the following month after the quarterly period ends. (3) In the event that the deadline for submitting Complaint Service reports as referred to in paragraph (2) falls on a Saturday, Sunday, or holiday, the Complaint Service reports are submitted on the next working day. (4) Submission of Complaint Service reports is conducted through the electronic reporting system provided by the Financial Services Authority. (5) In the event that submission of Complaint Service reports through the electronic reporting system as referred to in paragraph (4) experiences difficulties, submission is conducted via letter to the Financial Services Authority c.q. Executive Director of Supervision according to the industry of each PUJK, with a copy to the working unit in the Field of Education and Consumer Protection. (6) The form of reports and procedures for filling out Complaint Service reports as referred to in paragraph (1) are further regulated in a Financial Services Authority Circular.
CHAPTER XI
ADMINISTRATIVE SANCTIONS
Article 44
(1) PUJKs other than Information Technology-Based Money Lending Service Providers and Private Pawnshops that are late in submitting reports as referred to in Article 43 are subject to administrative sanctions in the form of fines, namely the obligation to pay a sum of money with the following details:
a. amounting to Rp100,000.00 (one hundred thousand rupiah) per day of report delay and at most amounting to Rp10,000,000.00 (ten million rupiah) for PUJKs in the form of Commercial Banks, Securities Brokers, Investment Managers, Pension Funds, Insurance Companies, Reinsurance Companies, Infrastructure Financing Companies, and Government Pawnshop Companies; or
b. amounting to Rp50,000.00 (fifty thousand rupiah) per day of late report submission and at most Rp5,000,000.00 (five million rupiah) for Financial Services Business Entities (PUJK) in the form of Rural Credit Institutions (BPR), Financing Companies, Venture Capital, and Guarantee Companies.
(2) Technology-Based Lending Service Providers and Private Pawnshop Companies that are late in submitting reports are subject to administrative sanctions in the form of a written warning.
Article 45
(1) Violations of the provisions as referred to in Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 14, Article 15, Article 16, Article 17, Article 18, Article 21, Article 22 paragraph (3) and paragraph (4), Article 24, Article 25, Article 26, Article 28, Article 29, Article 31, Article 32, Article 33, Article 35, Article 36, Article 38, Article 39, Article 40, Article 42, and Article 43, Financial Services Business Entities (PUJK) may be subject to administrative sanctions in the form of:
a. a written warning or reprimand; and/or b. a downgrade in the health rating assessment.
(2) Sanctions as referred to in paragraph (1) letter b may be imposed with or without prior imposition of a written warning sanction as referred to in paragraph (1) letter a.
CHAPTER XII
OTHER PROVISIONS
Article 46
Reporting on the handling and resolution of Consumer Complaints in the payment system field is also submitted to the payment system authority in accordance with the provisions of applicable legislation.
CHAPTER XIII
TRANSITIONAL PROVISIONS
Article 47
Provisions regarding the preparation and submission of Consumer Complaint Services reports before the implementation regulations for this Financial Services Authority Regulation are established shall continue to refer to the Financial Services Authority Circular Letter Number 2/SEOJK.07/2014 concerning Consumer Complaint Services and Resolution by Financial Services Business Entities.
CHAPTER XIV
CLOSING PROVISIONS
Article 48
At the time this Financial Services Authority Regulation takes effect, regulations governing the resolution of Consumer Complaints as referred to in:
This copy is consistent with the original
Deputy Director of Legal Consultation and
Banking Regulation Harmonization 1
Legal Department signed
Wiwit Puspasari
Article 49
(1) This Financial Services Authority Regulation takes effect 6 (six) months after the date of promulgation.
(2) For Private Pawnshop Companies, this Financial Services Authority Regulation takes effect starting from July 1, 2020.
To ensure that everyone knows it, ordering the promulgation of this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Established in Jakarta on September 10, 2018
CHAIRMAN OF THE COMMISSIONERS
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
WIMBOH SANTOSO
Promulgated in Jakarta on September 10, 2018
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA signed
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2018 NUMBER 151
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
REPUBLIC OF INDONESIA
NUMBER 18 /POJK.07/2018
CONCERNING
CONSUMER COMPLAINT SERVICES IN THE FINANCIAL SERVICES SECTOR
I. GENERAL
In conducting Financial Transactions, there are sometimes differences in understanding regarding the rights and obligations of Financial Services Business Entities (PUJK) and Consumers, which can lead to issues submitted through Complaints by Consumers. If such submitted Complaints are not handled and resolved, they will ultimately have the potential to cause losses to Consumers and lower Consumer trust in PUJK. Consumer Trust is the main pillar supporting the development of the financial services sector industry. Therefore, efforts by PUJK to maintain Consumer trust are absolutely necessary. One effort that must be carried out by PUJK is providing Consumer Complaint Services to receive, handle, and resolve Complaints submitted by Consumers. Based on Article 4 of Law Number 21 of 2011 concerning the Financial Services Authority, it is stated that one of the duties of the Financial Services Authority is to ensure that all activities within the financial services sector are able to protect the interests of Consumers and the public.
Therefore, the Financial Services Authority continuously makes various efforts to maintain public and Consumer trust in the financial services sector. One such effort is through strengthening Consumer protection regulations. Generally, regulations regarding Consumer complaint services and resolution were previously regulated in Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector and Financial Services Authority Circular Letter Number 2/SEOJK.07/2014 concerning Consumer Complaint Services and Resolution by Financial Services Business Entities. However, the regulations in these two regulations do not fully regulate in detail the stages and timeframes for Consumer Complaint Services. Regarding this matter, it is necessary to formulate provisions in the form of a Financial Services Authority Regulation, as a strengthening of the previous regulations by adding provisions for PUJK under the supervision of the Financial Services Authority in line with the development of the financial services industry, as well as timeframes for Complaint Services involving other parties. For Complaints that do not receive a resolution solution from PUJK, besides being able to file a lawsuit through the court path, Consumers can also resolve disputes through Alternative Dispute Resolution Institutions contained in the List of Alternative Dispute Resolution Institutions established by the Financial Services Authority.
II. ARTICLE BY ARTICLE
Article 1
Sufficiently clear.
Article 2
What is meant by "Consumer" includes, among others, customers in Banking, investors in the Capital Market, policyholders in Insurance, participants in Pension Funds, based on applicable legislation in the financial services sector.
Article 3
Sufficiently clear.
Article 4
Sufficiently clear.
Article 5
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Short procedures for Complaint Services can be part of the same section of the Financial Transaction agreement.
Examples of inclusion in the same section of the Financial Transaction agreement include policies, savings books, credit agreements, participant cards, and/or terms and conditions of financial services products and/or services.
Article 6
Paragraph (1)
Letter a
Short procedures for Complaint Services include the stages of Consumer Complaint Services and documents that Consumers must fulfill in submitting Complaints. Short procedures for Complaint Services are published, among others, through the PUJK website (website), electronic mail (email), telephone, brochures, leaflets, and/or electronic media officially managed by PUJK.
Letter b
In the event that PUJK has no obligation to prepare and submit annual reports, PUJK is not required to include complaint handling in the annual report. Publication of complaint handling includes, among others:
Paragraph (2)
Sufficiently clear.
Article 7
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Oral Complaints include, among others, via telephone, and/or short message services (SMS).
Written Complaints include, among others, via letters, electronic mail (email), facsimile, PUJK website (website), and/or electronic media officially managed by PUJK that can be used to submit Complaint documents. Complaints received by PUJK from Consumers and/or Consumer Representatives walk-in are categorized as Written Complaints.
Paragraph (3)
Sufficiently clear.
Article 8
The submission of explanations of short procedures for Complaint Services can be provided by PUJK to Consumers and/or Consumer Representatives orally and/or in writing. Explanations regarding Complaint Services procedures include documents established by PUJK and explanations regarding the timeframe for resolving Complaints.
Article 9
Sufficiently clear.
Article 10
Paragraph (1)
The list of required documents is contained in the Complaint Services procedures, agreements, and/or Financial Transaction documents.
Paragraph (2)
Letter a
Consumer and/or Consumer Representative identity must contain at least:
Letter b
Sufficiently clear.
Letter c
Sufficiently clear.
Letter d
Sufficiently clear.
Paragraph (3)
Sufficiently clear.
Paragraph (4)
Supporting documents required are documents that are directly owned and/or can be obtained by Consumers and/or Consumer Representatives. Examples of supporting documents related directly to the complained issues include deposit slips, transfer proofs, insurance policies, credit agreements, and/or residence certificates.
Paragraph (5)
Sufficiently clear.
Paragraph (6)
Sufficiently clear.
Paragraph (7)
Sufficiently clear.
Paragraph (8)
Letter a
Sufficiently clear.
Letter b
Other matters outside the Consumer's control include, among others, the involvement of other parties outside the Consumer in the collection of documents required by the Consumer.
Article 11
Paragraph (1)
The submission of confirmation of Complaint receipt to Consumers and/or Consumer Representatives when PUJK has received Complaints from Consumers and/or Consumer Representatives.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Sufficiently clear.
Article 12
Paragraph (1)
The submission of proof of Complaint receipt to Consumers and/or Consumer Representatives when PUJK has received Complaints from Consumers and/or Consumer Representatives.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Sufficiently clear.
Article 13
Sufficiently clear.
Article 14
Paragraph (1)
Letter a
What is meant by "competent" is that Complaint examination is conducted by human resources who have competence.
What is meant by "correct" is that Complaint examination has been conducted in accordance with procedures.
What is meant by "objective" is that Complaint examination is conducted without conflicts of interest.
Letter b
Sufficiently clear.
Paragraph (2)
Requests for documents or information from Consumers and/or other parties include, among others:
a. to know the substance of the Complaint issues; and/or b. to ensure the good faith of Consumers.
What is meant by "other parties" includes, among others, parties that have cooperation with PUJK in the provision of financial services products and/or services.
Article 15
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Written Complaint submissions are made when supporting documents owned by Consumers are required for the resolution of Complaints.
Article 16
Paragraph (1)
Sufficiently clear.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Letter a
Sufficiently clear.
Letter b
Sufficiently clear.
Letter c
Other matters outside PUJK's control include, among others, the involvement of other parties outside PUJK in Financial Transactions conducted by Consumers.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
What is meant by "resolution of Complaints outside the timeframe" is the resolution of Complaints conducted by PUJK with or without going through the stages as referred to in paragraph (1) and paragraph (2).
Paragraph (6)
Sufficiently clear.
Paragraph (7)
Sufficiently clear.
Article 17
Sufficiently clear.
Article 18
Sufficiently clear.
Article 19
Rejections made by PUJK are followed up by the submission of rejections to Consumers and/or Consumer Representatives.
Letter a
Consumers and/or Consumer Representatives who do not complete documents are considered to have cancelled their Complaint.
The lack of documents may cause PUJK to be unable to analyze and make decisions on Complaint resolution competently, correctly, and objectively.
Letter b
Complaints that have been resolved consist of:
Letter c
Sufficiently clear.
Letter d
Complaints not related to Financial Transactions may be excluded if there is cooperation with other PUJK regarding such Financial Transactions.
Article 20
Sufficiently clear.
Article 21
Sufficiently clear.
Article 22
Paragraph (1)
Letter a
Sufficiently clear.
Letter b
Examples of Complaint Responses in the form of resolution offers include, among others, the submission of apology statements and offers of compensation (redress/remedy), if the Consumer Complaint is valid.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Consumer statements accepting resolution offers from PUJK can be in the form of agreement documents or minutes of agreement, correspondence letters, proof of recordings, or other documents established by PUJK.
Paragraph (4)
Written responses are necessary as written evidence for Consumers to proceed to the next process.
Article 23
Sufficiently clear.
Article 24
Sufficiently clear.
Article 25
Paragraph (1)
Disputes are Complaints that do not reach a resolution agreement between Consumers and PUJK.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
Clauses for dispute resolution through courts or out of court can be part of the same section of the Financial Transaction agreement.
Article 26
Sufficiently clear.
Article 27
Sufficiently clear.
Article 28
Information media to publicize the function or unit of Complaint Services include, among others, through the PUJK website (website), electronic mail (email), telephone, brochures, leaflets, and/or electronic media officially managed by PUJK.
Article 29
Sufficiently clear.
Article 30
Sufficiently clear.
Article 31
Sufficiently clear.
Article 32
Sufficiently clear.
Article 33
Sufficiently clear.
Article 34
Sufficiently clear.
Article 35
Sufficiently clear.
Article 36
Sufficiently clear.
Article 37
Sufficiently clear.
Article 38
Sufficiently clear.
Article 39
Paragraph (1)
Maintenance of the Complaint receipt register can be in manual or digital form.
Paragraph (2)
Sufficiently clear.
Article 40
The management of all documents is conducted from the receipt process until the resolution of Complaints.
Document management for Oral Complaints includes, among others, recordings of conversations.
Article 41
Sufficiently clear.
Article 42
Sufficiently clear.
Article 43
Paragraph (1)
What is meant by "quarterly" is the end position of the month of March, the month of June, the month of September, and the month of December.
Paragraph (2)
Sufficiently clear.
Paragraph (3)
What is meant by "holiday" is national holidays established by the central government and/or local holidays established by local governments.
Paragraph (4)
Sufficiently clear.
Paragraph (5)
Sufficiently clear.
Paragraph (6)
Sufficiently clear.
Article 44
Sufficiently clear.
Article 45
Sufficiently clear.
Article 46
What is meant by "payment system authority" in this case is Bank Indonesia.
Article 47
Sufficiently clear.
Article 48
Sufficiently clear.
Article 49
Sufficiently clear.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 6246
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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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