OJK to Issue Regulation on ADR Institution

Fathan Qorib, Robert Sidauruk

The Financial Services Authority (OJK) is currently drafting a regulation for an alternative dispute resolution institution for the financial services sector.

According to Sri Rahayu Widodo, Deputy of Education and Consumer Protection at the OJK, her institution is now gathering input and opinions from related financial institutions, legislators, and the public on the proposed institution.

Another possible option, said Sri Rahayu, is that the OJK may utilize existing dispute resolution institutions in the financial services sector instead of establishing a new institution.

The existing dispute resolution institutions are the Indonesia Insurance Mediation Agency (Badan Mediasi Asuransi Indonesia), Indonesia Capital Market Arbitration Board (Badan Arbitrase Pasar Modal Indonesia), and the Pension Funds Mediation Board (Badan Mediasi Dana Pensiun).

“The draft regulation will set out a roadmap for utilizing the current dispute resolution institutions,” said Sri Rahayu.

Sri Rahayu explained that there will be several requirements that must be satisfied by a consumer before a complaint can be brought before the proposed alternative dispute resolution institutions.

For example, under Article 41 of OJK Regulation No. No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector, a complaint must first be dealt with by the  internal dispute resolution mechanisms of the financial service provider against which a complaint has been lodged and failure to reach a consensus resolution.

In regard to when the proposed regulation will likely be issued, Sri Rahayu indicated that no specific deadline has been set. However, she said that the regulation will be issued as soon as possible pursuant to the internal policies of the OJK.

(hot/kc)

Fathan Qorib, Robert Sidauruk

The Financial Services Authority (OJK) is currently drafting a regulation for an alternative dispute resolution institution for the financial services sector.

According to Sri Rahayu Widodo, Deputy of Education and Consumer Protection at the OJK, her institution is now gathering input and opinions from related financial institutions, legislators, and the public on the proposed institution.

Another possible option, said Sri Rahayu, is that the OJK may utilize existing dispute resolution institutions in the financial services sector instead of establishing a new institution.

The existing dispute resolution institutions are the Indonesia Insurance Mediation Agency (Badan Mediasi Asuransi Indonesia), Indonesia Capital Market Arbitration Board (Badan Arbitrase Pasar Modal Indonesia), and the Pension Funds Mediation Board (Badan Mediasi Dana Pensiun).

“The draft regulation will set out a roadmap for utilizing the current dispute resolution institutions,” said Sri Rahayu.

Sri Rahayu explained that there will be several requirements that must be satisfied by a consumer before a complaint can be brought before the proposed alternative dispute resolution institutions.

For example, under Article 41 of OJK Regulation No. No. 1/POJK.07/2013 on Consumer Protection in the Financial Services Sector, a complaint must first be dealt with by the  internal dispute resolution mechanisms of the financial service provider against which a complaint has been lodged and failure to reach a consensus resolution.

In regard to when the proposed regulation will likely be issued, Sri Rahayu indicated that no specific deadline has been set. However, she said that the regulation will be issued as soon as possible pursuant to the internal policies of the OJK.

(hot/kc)

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