Capital Market Legal Consultants Object OJK Levies


Fathan Qorib, Yanuar Pribadhie
 
The recently issued policy on contribution fees and levies to be paid by financial services institutions to the Financial Services Authority (OJK) has attracted some negative responses from various parties.
 
One group objecting to this policy under Government Regulation No. 11 of 2014 is the Association of Indonesian Capital Market Legal Consultants (HKHPM).
 
Indra Safitri, Chairman of HKHPM, has issues with the quantum of the levies, and foresees that the policy may lead to “forecloser” by some capital market professionals.
 
“The worst case scenario is that our members will look for other jobs, due to their inability to pay the levies,” said Indra on Wednesday.
 
The Government Regulation establishes a IDR 5 million annual fee for legal consultants, significantly higher than HKHPM’s proposal of IDR 1.5 million. Indra contends that the amount is too high, as there are other levies that must be paid by legal consultants, such as advance training fees and HKHPM membership contribution fees.
 
Indra also questions the justification for the fee being imposed on offices that have capital market legal consultants. According to Indra, not every office always has capital markets work. Even if they did, such work alone is most often not sufficient to support a sustainable business.
 
“This imposition equates to devastation for supporting professionals in capital markets,” says Indra.
 
In response to the objection, Andi Rahmat, Deputy Chairman of Commission XI at the House of Representatives, says that the imposition of levies is mandated by Law No. 21 of 2011 on OJK.
 
The lawmaker asserts that imposing fees on supporting professionals is acceptable, because there are several functions in the financial sector that are carried out individuals rather than institutions, such as legal consultants, insurance agents, etc.
 
“Pros-Cons on the amount of levies are normal. That is exactly what will come out when you set the amount of a levy,” said Andi.
 
Government Regulation (ILB No. 2348) itself provides that mandatory levies will be imposed on both financial services institutions and professional individuals that work in the financial services sector.
 
The levies under the Government Regulation consist of two types. The first is a levy for direct services such as licensing and registration, which must be paid before any relevant party requested such services.
 
The second type of levy is annual fees, which are imposed on legal consultants, public accountants, public assessment services, notaries and actuary consultants, calculated as a certain percentage of contract values but with set minimum annual fee.
 
(hot/kc)

Fathan Qorib, Yanuar Pribadhie
 
The recently issued policy on contribution fees and levies to be paid by financial services institutions to the Financial Services Authority (OJK) has attracted some negative responses from various parties.
 
One group objecting to this policy under Government Regulation No. 11 of 2014 is the Association of Indonesian Capital Market Legal Consultants (HKHPM).
 
Indra Safitri, Chairman of HKHPM, has issues with the quantum of the levies, and foresees that the policy may lead to “forecloser” by some capital market professionals.
 
“The worst case scenario is that our members will look for other jobs, due to their inability to pay the levies,” said Indra on Wednesday.
 
The Government Regulation establishes a IDR 5 million annual fee for legal consultants, significantly higher than HKHPM’s proposal of IDR 1.5 million. Indra contends that the amount is too high, as there are other levies that must be paid by legal consultants, such as advance training fees and HKHPM membership contribution fees.
 
Indra also questions the justification for the fee being imposed on offices that have capital market legal consultants. According to Indra, not every office always has capital markets work. Even if they did, such work alone is most often not sufficient to support a sustainable business.
 
“This imposition equates to devastation for supporting professionals in capital markets,” says Indra.
 
In response to the objection, Andi Rahmat, Deputy Chairman of Commission XI at the House of Representatives, says that the imposition of levies is mandated by Law No. 21 of 2011 on OJK.
 
The lawmaker asserts that imposing fees on supporting professionals is acceptable, because there are several functions in the financial sector that are carried out individuals rather than institutions, such as legal consultants, insurance agents, etc.
 
“Pros-Cons on the amount of levies are normal. That is exactly what will come out when you set the amount of a levy,” said Andi.
 
Government Regulation (ILB No. 2348) itself provides that mandatory levies will be imposed on both financial services institutions and professional individuals that work in the financial services sector.
 
The levies under the Government Regulation consist of two types. The first is a levy for direct services such as licensing and registration, which must be paid before any relevant party requested such services.
 
The second type of levy is annual fees, which are imposed on legal consultants, public accountants, public assessment services, notaries and actuary consultants, calculated as a certain percentage of contract values but with set minimum annual fee.
 
(hot/kc)
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