Lawmakers to Set Provisions on Banking Industry Protection

Fathan Qorib, Robert Sidauruk

The discussion on the Draft Banking Bill at the House of Representative has again produced important suggestions for the Bill. Most recently, it has been suggested that the Draft Bill incorporate provisions on protection for the banking industry.

According to Harry Azhar Aziz, Deputy Chairman for Commission XI, such provisions are important to provide legal certainty for the business operations of banks. Additionally, there is also a necessity to balance the interests of banks and consumers as the existing legal framework has a bias towards consumer protection.

“We have laws on consumer protection, however, at some point fault lies with consumer hence we need laws to protect bank,” said Harry to Hukumonline.

Harry explained that under this scheme, any consensus reached by banks and consumers at a mediation would be final and binding.

“Any out of court settlements reach between banks and consumers should be final and binding and should not be able to be brought to court proceedings,” explained Harry.

Harry, however, added that there is currently no consensus among lawmakers on the proposed provisions for protection of the banking industry.

At this stage, the idea is still subject to ongoing discussion at the DPR, together with other pending considerations such as foreign capital, capital limits, financial inclusions, branchless banking and the cashless society.

As a response to this proposal, Telisa Aulia Faliyanti, economist from Universitas Indonesia, expressed the view that such provisions could harm consumer as they will be placed in an unfavorable position against the banks.

Instead, Telisa argues that there is a need to strengthen the position of consumers as consumers will always be in a weaker position than banks when it comes to disputes.

“It should be noted that consumers are only individuals which will always be in a weaker position compared to the banks as a company,” concluded Telisa.

(hot/kc)

Fathan Qorib, Robert Sidauruk

The discussion on the Draft Banking Bill at the House of Representative has again produced important suggestions for the Bill. Most recently, it has been suggested that the Draft Bill incorporate provisions on protection for the banking industry.

According to Harry Azhar Aziz, Deputy Chairman for Commission XI, such provisions are important to provide legal certainty for the business operations of banks. Additionally, there is also a necessity to balance the interests of banks and consumers as the existing legal framework has a bias towards consumer protection.

“We have laws on consumer protection, however, at some point fault lies with consumer hence we need laws to protect bank,” said Harry to Hukumonline.

Harry explained that under this scheme, any consensus reached by banks and consumers at a mediation would be final and binding.

“Any out of court settlements reach between banks and consumers should be final and binding and should not be able to be brought to court proceedings,” explained Harry.

Harry, however, added that there is currently no consensus among lawmakers on the proposed provisions for protection of the banking industry.

At this stage, the idea is still subject to ongoing discussion at the DPR, together with other pending considerations such as foreign capital, capital limits, financial inclusions, branchless banking and the cashless society.

As a response to this proposal, Telisa Aulia Faliyanti, economist from Universitas Indonesia, expressed the view that such provisions could harm consumer as they will be placed in an unfavorable position against the banks.

Instead, Telisa argues that there is a need to strengthen the position of consumers as consumers will always be in a weaker position than banks when it comes to disputes.

“It should be noted that consumers are only individuals which will always be in a weaker position compared to the banks as a company,” concluded Telisa.

(hot/kc)

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