- The Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) is currently in the process of drawing up a Draft Regulation (“Draft Regulation”) on the Application of Anti-Fraud Strategies by Financial Services Institutions (Lembaga Jasa Keuangan – “LJK”) which, when it ultimately comes into force, will apply to various stakeholders who are involved in LJK business activities (i.e. consumers, internal LJK parties and other relevant parties).
- The Draft Regulation sets out various types of acts that will now be classified as fraud, including the following: 1) Corruption, including conflicts of interest, bribery, illicit receipts and extortion; 2) Misappropriation of assets, including cash and inventories; 3) Financial statement fraud, including manipulation of assets and/or net income; 4) Fraud (Penipuan); 5) The leaking of confidential information; and 6) Other related actions.
- In terms of its implementation, preparation and application, the anti-fraud strategy is being formulated around four main pillars, specifically: 1) Prevention; 2) Detection; 3) Investigations, reporting and sanctions; and 4) Monitoring, evaluations and follow-ups. Furthermore, the Draft Regulation also mandates that LJK should establish special work units/functions that will be responsible for the implementation of said strategy within the relevant boards of directors and/or boards of commissioners.
- The OJK is currently soliciting input on the Draft Regulation until a deadline of 24 November 2023. Said input may be submitted via: https://bit.ly/tanggapanRPOJKSAFLJK.
......
Subscribe to read more legal analysis.
Hukumonline Pro Intelligence
Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda
*Syarat dan ketentuan berlaku