OJK Needs Independent Investigators

Fathan Qorib, Robert Sidauruk

When the Law No. 21 of 2011 on Financial Services Authority (OJK) was issued, it gives OJK the authority to investigate, especially when there is a potential financial crime within national financial services institution.

However, the Law does not OJK any authority to hire its own investigators. Therefore, OJK must rely on the National Police and governmental institutions (PPNS) for investigator personnel. This condition might be problematic in regards to OJK’s independency.

Bismar Nasution, economic professor from University of North Sumatera, said that OJK needs to recruit internal investigator that not only understand the complexity of financial crime but also to keep the independency of OJK.

The independent investigators will be working side by side with Police investigators and PPNS. “So OJK will have multi investigator system similar to other countries”, Bismar said during a seminar in Jakarta, Tuesday (23/04).

The professor explained that the House of Representatives (House) is discussing a draft provision to include in the Criminal Procedure Code that will broaden the scope of recruitment, which currently limits the investigator recruitment pool to Police force and civil servants.

Bismar further added that OJK needs to create a mutual agreement with other law enforcement institutions when investigating cases. The mutual agreement must state that Police investigators and PPNS are supervised by the Chairman of OJK’s Board of Commissioners.

Meanwhile, Harry Azhar Azis, Deputy Chairman of Commission XI at the House, agreed that OJK should have the authority to hire its own investigators.

Harry concluded that if OJK cannot hire its own investigators, then OJK’s personnel should conduct intelligence activities, while police investigators and PPNS will do the investigation.  

(hot/jt)

Fathan Qorib, Robert Sidauruk

When the Law No. 21 of 2011 on Financial Services Authority (OJK) was issued, it gives OJK the authority to investigate, especially when there is a potential financial crime within national financial services institution.

However, the Law does not OJK any authority to hire its own investigators. Therefore, OJK must rely on the National Police and governmental institutions (PPNS) for investigator personnel. This condition might be problematic in regards to OJK’s independency.

Bismar Nasution, economic professor from University of North Sumatera, said that OJK needs to recruit internal investigator that not only understand the complexity of financial crime but also to keep the independency of OJK.

The independent investigators will be working side by side with Police investigators and PPNS. “So OJK will have multi investigator system similar to other countries”, Bismar said during a seminar in Jakarta, Tuesday (23/04).

The professor explained that the House of Representatives (House) is discussing a draft provision to include in the Criminal Procedure Code that will broaden the scope of recruitment, which currently limits the investigator recruitment pool to Police force and civil servants.

Bismar further added that OJK needs to create a mutual agreement with other law enforcement institutions when investigating cases. The mutual agreement must state that Police investigators and PPNS are supervised by the Chairman of OJK’s Board of Commissioners.

Meanwhile, Harry Azhar Azis, Deputy Chairman of Commission XI at the House, agreed that OJK should have the authority to hire its own investigators.

Harry concluded that if OJK cannot hire its own investigators, then OJK’s personnel should conduct intelligence activities, while police investigators and PPNS will do the investigation.  

(hot/jt)

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