2021-05-24 | 15/SEOJK.07/2021Added
This regulation mandates Alternative Dispute Resolution (ADR) institutions in the financial services sector to submit periodic reports and specific non-compliance reports to the Financial Services Authority (OJK). Periodic reports, due quarterly by the 10th of the following month, must include dispute statistics, demographics, and lists of non-member or non-paying financial service business entities. Reports regarding financial service business entities or consumers who fail to implement decisions or agreements must be submitted within 10 working days of the implementation deadline. The regulation repeals the previous monitoring circular and requires all submissions via an electronic reporting system provided by OJK.
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COPY
LETTER OF THE FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
NUMBER 15 /SEOJK.07/2021
CONCERNING
REPORTS OF ALTERNATIVE DISPUTE RESOLUTION INSTITUTIONS IN THE FINANCIAL SERVICES SECTOR
In order to implement the provisions of Article 36 and Article 37 of the Financial Services Authority Regulation Number 61/POJK.07/2020 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (State Gazette of the Republic of Indonesia Year 2020 Number 290 and Supplement to the State Gazette of the Republic of Indonesia Number 6599), it is necessary to regulate implementation provisions regarding the submission of reports from Alternative Dispute Resolution Institutions in the Financial Services Sector in this Letter of the Financial Services Authority, as follows:
I. GENERAL PROVISIONS
In this Letter of the Financial Services Authority, the following terms are defined:
Alternative Dispute Resolution Institution in the Financial Services Sector, hereinafter referred to as LAPS Sector Financial Services, is an institution that resolves disputes in the financial services sector outside of court.
Financial Services Business Entity, hereinafter abbreviated as PUJK, is a Universal Bank, People's Credit/Financing Bank, Securities Broker, Investment Manager, Pension Fund, Insurance Company, Reinsurance Company, Financing Institution, Pawnshop Company, Guarantee Company, Information Technology-Based Money Lending Service Provider, Crowdfunding Service Provider, Microfinance Institution, Indonesia Export Financing Agency, PT Permodalan Nasional Madani (Persero), and other financial services institutions that conduct intermediary activities, fund management, and fund storage in the financial services sector, both those conducting conventional and Sharia business activities, based on applicable laws and regulations in the financial services sector.
Consumer is a party that places their funds and/or utilizes services available at PUJK.
Management is the organ that performs the management functions of LAPS Sector Financial Services for the benefit of LAPS Sector Financial Services according to the purpose and objectives of LAPS Sector Financial Services, and represents LAPS Sector Financial Services both inside and outside of court according to the articles of association.
Dispute is a disagreement between a Consumer and PUJK that has gone through the complaint resolution process by PUJK and is caused by material, fair, and direct losses and/or potential losses to the Consumer because PUJK failed to fulfill the financial transaction agreement and/or transaction documents that were agreed upon.
II. FORM AND STRUCTURE OF LAPS SECTOR FINANCIAL SERVICES REPORTS
The LAPS Sector Financial Services report is prepared by the Management of LAPS Sector Financial Services and reported to the Financial Services Authority.
The report as referred to in item 1 consists of 2 (two) types of reports, namely:
a. periodic reports; and b. reports on the names of PUJK and Consumers who do not implement decisions or agreements.
The periodic report as referred to in item 2 letter a contains:
a. information from each provided service at minimum regarding:
The periodic report as referred to in item 2 letter a is prepared using the format contained in Appendix I, which is an integral part of this Letter of the Financial Services Authority.
The report on the names of PUJK and Consumers who do not implement decisions or agreements as referred to in item 2 letter b contains at minimum:
a. the number and date of the decision or agreement; b. the name of the PUJK and/or Consumer who did not implement the decision or agreement;
c. the decision or agreement;
d. the implementation deadline for the decision or agreement; e. the reasons for non-implementation of the decision or agreement; and f. the follow-up actions by LAPS Sector Financial Services.
The report as referred to in item 2 letter b is prepared using the format contained in Appendix II, which is an integral part of this Letter of the Financial Services Authority.
III. PROCEDURE FOR SUBMISSION OF LAPS SECTOR FINANCIAL SERVICES REPORTS
The periodic report as referred to in Section II item 2 letter a is submitted every 3 (three) months at the end of March, June, September, and December, no later than the 10th of the following month.
The report on the names of PUJK and Consumers who do not implement decisions or agreements as referred to in Section II item 2 letter b is submitted no later than 10 (ten) working days from the implementation deadline of the decision or agreement.
In the event that the final submission deadline for reporting as referred to in items 1 and 2 falls on a Saturday, Sunday, or holiday, the reporting obligation must be submitted no later than 1 (one) working day thereafter.
The submission of LAPS Sector Financial Services reports as referred to in items 1 and 2 is conducted through an electronic reporting system provided by the Financial Services Authority.
In the event that the electronic reporting system as referred to in item 4 experiences a disturbance, the submission of reports is conducted manually (offline) via a letter addressed to the Financial Services Authority, specifically the unit carrying out Consumer Protection functions.
In the event that the electronic reporting system experiences a disturbance as referred to in item 5, the Financial Services Authority notifies LAPS Sector Financial Services of the technical disturbance in writing, submitted:
a. directly to LAPS Sector Financial Services; b. through the electronic reporting system provided by the Financial Services Authority; or
c. through the Financial Services Authority's email address.
LAPS Sector Financial Services is responsible for the truthfulness and completeness of the report content, including but not limited to completeness, accuracy, timeliness, and the data and information requirements submitted to the Financial Services Authority.
IV. CLOSING PROVISIONS
This copy is consistent with the original.
Director of Law 1
Legal Department signed
Mufli Asmawidjaja
APPENDIX I
LETTER OF THE FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA
NUMBER 15 /SEOJK.07/2021
CONCERNING
REPORTS OF ALTERNATIVE DISPUTE RESOLUTION INSTITUTIONS IN THE FINANCIAL SERVICES SECTOR
Instructions for Filling the Report on Receipt of Requests and Progress of Dispute Resolution:
(1) Filled with the sequential number of dispute resolution.
(2) Filled with the request acceptance number for dispute resolution.
(3) Filled with the date of receiving the dispute resolution request in (dd/mm/yyyy) format.
(4) Filled with the name of PUJK as the respondent.
(5) Filled with the province of PUJK domicile.
(6) Filled with the province of Consumer domicile as the applicant.
(7) Filled with the sector:
(a) Banking
(b) Capital Market
(c) Insurance
(d) Pension Fund
(e) Financing, Pawnshops, Venture Capital, Fintech, and Other Financial Services Institutions (f) Guarantee (g) Others (8) Filled with Sub-sector:
(a) Banking
Instructions for Filling the Report on Receipt of Requests and Progress of Dispute Resolution:
(1) Filled with the sequential number of dispute resolution.
(2) Filled with the request acceptance number for dispute resolution.
(3) Filled with the date of receiving the dispute resolution request in (dd/mm/yyyy) format.
(4) Filled with the name of PUJK as the respondent.
(5) Filled with the province of PUJK domicile.
(6) Filled with the province of Consumer domicile as the applicant.
(7) Filled with the sector:
(a) Banking
(b) Capital Market
(c) Insurance
(d) Pension Fund
(e) Financing, Pawnshops, Venture Capital, Fintech, and Other Financial Services Institutions (f) Guarantee (g) Others (8) Filled with Sub-sector:
(a) Banking
Instructions for Filling the Dispute Resolution Monitoring Report:
(1) Filled with the sequential number of dispute resolution.
(2) Filled with the dispute resolution agreement number by LAPS Sector Financial Services.
(3) Filled with the date of the dispute resolution agreement letter in (dd/mm/yyyy) format.
(4) Filled with the name of PUJK.
(5) Filled with the dispute resolution agreement or PUJK obligation based on the agreement result.
(6) Filled with the monitoring result on the implementation of the dispute resolution agreement or fulfillment of PUJK obligation, including but not limited to:
(a) Fully Implemented – if the implementation of the agreement has been completed by PUJK.
(b) Partially Implemented – if PUJK has implemented part of the agreement.
(c) Not Implemented – if PUJK has not implemented the agreement.
Instructions for Filling the Dispute Resolution Monitoring Report:
(1) Filled with the sequential number of dispute resolution.
(2) Filled with the dispute resolution decision number by LAPS Sector Financial Services.
(3) Filled with the date of the dispute resolution decision letter in (dd/mm/yyyy) format.
(4) Filled with the name of PUJK.
(5) Filled with the monitoring result on the implementation of the dispute resolution decision or fulfillment of PUJK obligation, including but not limited to:
(a) Fully Implemented – if the implementation of the decision has been completed by PUJK.
(b) Partially Implemented – if PUJK has implemented part of the decision.
(c) Not Implemented – if PUJK has not implemented the decision.
LIST OF THE TOP 5 DISPUTES RECEIVED
ALTERNATIVE DISPUTE RESOLUTION INSTITUTION FOR THE FINANCIAL SERVICES SECTOR QUARTER … YEAR 20…
Dispute Type | Number of Dispute Resolution Applications | Quarter … 20… % of Total Disputes Received in the Quarter (1) | (2) | (3) Dispute I | … | … Dispute II | … | … Dispute III | … | … Dispute IV | … | … Dispute V | … | …
Mark “-” if not filled.
Instructions for Filling out the List of the Top 5 (Five) Disputes Received:
(1) Filled in with the order of dispute types most frequently received based on the frequency of receiving dispute handling applications, for example, investment value cases in unit links that are not in accordance. (2) Filled in with the number of dispute resolution applications for the type of dispute in column (1) received during the reporting quarter. (3) Filled in with the percentage of the number of dispute resolution applications for the type of dispute in column (1) received compared to the total number of dispute resolution applications.
LIST OF FINANCIAL SERVICE BUSINESS ENTITIES THAT HAVE NOT BECOME MEMBERS OF THE ALTERNATIVE DISPUTE RESOLUTION INSTITUTION FOR THE FINANCIAL SERVICES SECTOR QUARTER … YEAR 20…
No. | Name of Financial Service Business Entity | Sector | Sub-Sector (1) | (2) | (3) | (4) … | … | … | …
Mark “-” if not filled.
Instructions for Filling out the List of Financial Service Business Entities That Have Not Become Members:
(1) Filled in with the serial number.
(2) Filled in with the name of the Financial Service Business Entity.
(3) Filled in with the sector:
a. Banking b. Capital Market
c. Insurance
d. Pension Funds e. Financing, Pawning, Venture Capital, Fintech, and Other Financial Service Institutions f. Guarantee g. Others (4) Filled in with the sub-sector:
a. Banking
LIST OF MEMBERS WHO HAVE NOT PAID MEMBERSHIP DUES ALTERNATIVE DISPUTE RESOLUTION INSTITUTION FOR THE FINANCIAL SERVICES SECTOR QUARTER … YEAR 20…
No. | Name of Member | Sector | Sub-Sector | Outstanding Dues (1) | (2) | (3) | (4) | (5) … | … | … | … | …
Mark “-” if not filled.
This copy is in accordance with the original.
Legal Director 1
Legal Department signed
Mufli Asmawidjaja
Instructions for Filling out the List of Members Who Have Not Paid Dues:
(1) Filled in with the serial number.
(2) Filled in with the name of the Financial Service Business Entity.
(3) Filled in with the sector:
a. Banking b. Capital Market
c. Insurance
d. Pension Funds e. Financing, Pawning, Venture Capital, Fintech, and Other Financial Service Institutions f. Guarantee g. Others (4) Filled in with the sub-sector:
a. Banking
Established in Jakarta on 24 May 2021
MEMBER OF THE BOARD OF COMMISSIONERS
EDUCATION AND
CONSUMER PROTECTION FIELD
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
TIRTA SEGARA
APPENDIX II
CIRCULAR LETTER OF THE FINANCIAL SERVICES AUTHORITY REPUBLIC OF INDONESIA NUMBER 15 /SEOJK.07/2021 CONCERNING REPORT OF THE ALTERNATIVE DISPUTE RESOLUTION INSTITUTION FOR THE FINANCIAL SERVICES SECTOR
This copy is in accordance with the original.
Legal Director 1
Legal Department signed
Mufli Asmawidjaja
Instructions for Filling out the Report of Parties Not Executing Decisions/Agreements:
(1) Filled in with the dispute resolution decision number by the Alternative Dispute Resolution Institution for the Financial Services Sector. (2) Filled in with the date of the dispute resolution application decision letter in (dd/mm/yyyy) format. (3) Filled in with the name of the party not executing the decision/agreement. (4) Filled in with information regarding the decision/agreement to be fulfilled by the parties. (5) Filled in with the time limit for executing the decision/agreement as per the result of the decision/agreement in (dd/mm/yyyy) format. (6) Filled in with information regarding the reasons why the parties did not fulfill the decision/agreement. (7) Filled in with the follow-up steps that have been and/or will be taken by the Alternative Dispute Resolution Institution for the Financial Services Sector.
Established in Jakarta on 24 May 2021
MEMBER OF THE BOARD OF COMMISSIONERS
EDUCATION AND
CONSUMER PROTECTION FIELD
FINANCIAL SERVICES AUTHORITY
REPUBLIC OF INDONESIA, signed
TIRTA SEGARA
REPORT OF NAMES OF FINANCIAL SERVICE BUSINESS ENTITIES AND CONSUMERS NOT EXECUTING DECISIONS/AGREEMENTS ALTERNATIVE DISPUTE RESOLUTION INSTITUTION FOR THE FINANCIAL SERVICES SECTOR Report Date: (dd/mm/yyyy)
Decision/Agreement Number | Date of Decision/Agreement | Name of Financial Service Business Entity and/or Consumer Not Executing Decision/Agreement | Decision/Agreement | Time Limit for Executing Decision/Agreement | Reasons for Non-Execution of Decision/Agreement | Follow-up by Alternative Dispute Resolution Institution for the Financial Services Sector (1) | (2) | (3) | (4) | (5) | (6) | (7) … | … | … | … | … | … | …
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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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