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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, M25
The Financial Services Authority (Otoritas Jasa Keuangan - OJK) is planning to integrate the existing six Alternative Dispute Resolution Agencies (Lembaga Alternatif Penyelesaian Sengketa - LAPS) for the financial-services sector under one roof. However, no definite timeframe for the realization of this particular objective has yet been laid out.
Commenting on this issue, Anto Prabowo, Head of the Consumer Protection Department at the OJK, asserted that the integration plan had taken the fact that a similar initiative had proved quite successful in Australia into account. However, Mr. Prabowo added that before the plan could be allowed to proceed, the OJK would attempt to raise awareness among the general public regarding the existence of the six LAPS.
“Before the so-called One-Roof system can actually be realized, it is essential that the LAPS will become fully operational and well-known to the general public. Subsequently, the integration process can be implemented gradually,” Mr. Prabowo asserted in Jakarta on Tuesday, 9 August 2016.
Mr. Prabowo also outlined the six LAPS which are planned to be integrated under the One-Roof system, namely the Indonesian Insurance Arbitration and Mediation Agency (BMAI), the Indonesian Capital Market Arbitration Board (BAPMI), the Pension Fund Mediation Agency (BMDP), the Indonesian Alternative Dispute Resolution Institution for the Banking Sector (LAPSPI), the Indonesian Arbitration and Mediation Agency for Underwriting Companies (BAMPPI), and the Indonesian Financing and Pawnshop Mediation Agency (BMPPI).
Mr. Prabowo further revealed that each LAPS follows its own procedural mechanism for alternative dispute resolution (ADR), and that these mechanisms encompass mediation, arbitration and adjudication. Moreover, the OJK will also allow financial-service providers to first attempt to settle any disputes that may arise between them themselves before deciding to bring a dispute before a relevant LAPS, as mandated under OJK Regulation No. 1/POJK.07/2014 on Alternative Dispute Resolution Agencies for the Financial-Services Sector.
It is important to note that each type of ADR, be it mediation, arbitration or adjudication, has its own distinct legal characteristics and implications. By way of example, Mr. Prabowo asserted that disputing parties who fail to reach an amicable solution through mediation can either proceed with adjudication or mediation. If adjudication is chosen, then the disputing parties are also allowed to either accept or reject any resulting adjudication award, while an arbitration award is final and binding, as stipulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
Offering further insight, Mr. Prabowo revealed that four of the six LAPS (BMAI, BAPMI, BMDP, and LAPSPI) had already received 47 dispute-settlement applications, while both the BAMPPI and BMPPI had yet to receive any applications.
“Some 47 dispute-settlement applications have been filed through four out of the six existing LAPS, with 28 applications being filed with the BMAI, nine applications filed with the BAPMI, nine applications with the LAPSPI, and one application with the BMDP,” Mr. Prabowo stated.
According to Mr. Prabowo, applications can seek different types of legal redress, specifically rehabilitation, adjudication or mediation. Most disputes filed with the BMAI relate to insurance claims, while most disputes filed with the BAPMI relate to marginal transactions and bond transactions, and last but not least, most disputes filed with the LAPSPI relate to loan collateral and the collection of credit-card loans by debt collectors. Mr. Prabowo also asserted that some applications are only seeking consultation as opposed to amicable dispute resolutions.
(hs/sp)
Marcell Sihombing, M25
The Financial Services Authority (Otoritas Jasa Keuangan - OJK) is planning to integrate the existing six Alternative Dispute Resolution Agencies (Lembaga Alternatif Penyelesaian Sengketa - LAPS) for the financial-services sector under one roof. However, no definite timeframe for the realization of this particular objective has yet been laid out.
Commenting on this issue, Anto Prabowo, Head of the Consumer Protection Department at the OJK, asserted that the integration plan had taken the fact that a similar initiative had proved quite successful in Australia into account. However, Mr. Prabowo added that before the plan could be allowed to proceed, the OJK would attempt to raise awareness among the general public regarding the existence of the six LAPS.
“Before the so-called One-Roof system can actually be realized, it is essential that the LAPS will become fully operational and well-known to the general public. Subsequently, the integration process can be implemented gradually,” Mr. Prabowo asserted in Jakarta on Tuesday, 9 August 2016.
Mr. Prabowo also outlined the six LAPS which are planned to be integrated under the One-Roof system, namely the Indonesian Insurance Arbitration and Mediation Agency (BMAI), the Indonesian Capital Market Arbitration Board (BAPMI), the Pension Fund Mediation Agency (BMDP), the Indonesian Alternative Dispute Resolution Institution for the Banking Sector (LAPSPI), the Indonesian Arbitration and Mediation Agency for Underwriting Companies (BAMPPI), and the Indonesian Financing and Pawnshop Mediation Agency (BMPPI).
Mr. Prabowo further revealed that each LAPS follows its own procedural mechanism for alternative dispute resolution (ADR), and that these mechanisms encompass mediation, arbitration and adjudication. Moreover, the OJK will also allow financial-service providers to first attempt to settle any disputes that may arise between them themselves before deciding to bring a dispute before a relevant LAPS, as mandated under OJK Regulation No. 1/POJK.07/2014 on Alternative Dispute Resolution Agencies for the Financial-Services Sector.
It is important to note that each type of ADR, be it mediation, arbitration or adjudication, has its own distinct legal characteristics and implications. By way of example, Mr. Prabowo asserted that disputing parties who fail to reach an amicable solution through mediation can either proceed with adjudication or mediation. If adjudication is chosen, then the disputing parties are also allowed to either accept or reject any resulting adjudication award, while an arbitration award is final and binding, as stipulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
Offering further insight, Mr. Prabowo revealed that four of the six LAPS (BMAI, BAPMI, BMDP, and LAPSPI) had already received 47 dispute-settlement applications, while both the BAMPPI and BMPPI had yet to receive any applications.
“Some 47 dispute-settlement applications have been filed through four out of the six existing LAPS, with 28 applications being filed with the BMAI, nine applications filed with the BAPMI, nine applications with the LAPSPI, and one application with the BMDP,” Mr. Prabowo stated.
According to Mr. Prabowo, applications can seek different types of legal redress, specifically rehabilitation, adjudication or mediation. Most disputes filed with the BMAI relate to insurance claims, while most disputes filed with the BAPMI relate to marginal transactions and bond transactions, and last but not least, most disputes filed with the LAPSPI relate to loan collateral and the collection of credit-card loans by debt collectors. Mr. Prabowo also asserted that some applications are only seeking consultation as opposed to amicable dispute resolutions.
(hs/sp)