Complaint Indicated Dispute Resolution

  1. Complaint Indicated Dispute Resolution

Dispute is disagreement between the Customer and the Bank which have gone through the process of resolving complaints by the Bank that are caused by losses and/or potential material losses, and impact directly to the customer due to the Bank does not fulfill the agreement and/or transaction documentation that has been agreed upon.

Settlement of Dispute Indicated Complaints through Facilitation/ Limited Facilitation by the Financial Services Authority (“OJK”)
Facilitation is an effort to settle a Dispute initiated by the OJK by arranging a meeting between the Customer and the Bank to review the problems fundamentally in order to obtain an agreement on the settlement of the Dispute, the results of which are stated in the Deed of Agreement or Minutes of the Facilitation.

Limited Facilitation is an effort to resolve a Dispute by arranging a meeting between the Customer and the Bank to review the problems fundamentally in order to obtain an agreement on dispute resolution without a Deed of Agreement or Minutes of the facilitation.

Requirements for Settlement of Complaints With Indications of Dispute

  1. The submission of a Customer dispute settlement can only be made by the Customer or Customer Representative.
  2. The dispute submitted is a civil dispute.
  3. The customer that suffers a loss and/or the potential for material loss maximum of IDR 500,000,000 (five hundred million Rupiah).
  4. Complaints with Indications of Dispute have been resolved by the Bank but have not reached an agreement with the Customer.
  5. The submissions of Complaints with Indications of Dispute is not a Dispute that is in process or has been decided by a judicial institution, arbitration, or alternative dispute resolution institution. Including never been facilitated by OJK.
  6. The submission of Complaints with Indications of Dispute settlement are submitted no later than 60 (sixty) working days, from the date of the Complaint Response. In the event that the Customer submits an objection to the Complaint Response, the submission of the Complaint settlement does not exceed 20 (twenty) working days from the date of the response to the objection.
  7. The submission of the settlement of Complaints with Indications of Dispute is made in writing in a format according to the provisions (attached), enclosing the following documents:
    1. Customer identification
    2. Response to the complaint given by the Bank to the Customer or if the Customer has not received the Complaint Response:
      • Proof of receipt of Complaints with Indications of Dispute signed or issued by the Bank
      • Evidence of submission of Complaints with Indications of Dispute to the Bank
      • Verbal confirmation of receipt of Complaints with Indications of Dispute from the Bank
    3. statement letter that signed with sufficient stamp duty which stated that the Dispute submitted is not in process or has been decided by a judicial institution, arbitration, or alternative dispute resolution institution and has never been facilitated by OJK;
    4. Other supporting documents related to Complaints with Indications of Dispute

Short Terms:

  1. OJK refuses to complete the settlement of Dispute Indicated Complaints if it does not meet the requirements as stated in points 1 until 6.
  2. OJK may request explanations and/or review the completeness of the Complaints with Indications of Dispute documents from the Customer and the Bank.
  3. If there is a lack of information and/or the requirements for the Complaints with Indications of Dispute document as mentioned in point 7 above, OJK will provide the Customer with the opportunity to respond to and/or complete the document within a maximum period of 20 (twenty) working days from the date of the request.
  4. The Customer is deemed to have canceled the Complaints with Indications of Dispute if it does not submit the completeness of the documents within the period as referred to in point (iii).
  5. OJK arrange a meeting between Customers and the Bank in the context of resolving Complaints with Indications of Dispute.
  6. If in the meeting, no agreement is reached and the Customer and the Bank agree that the Dispute settlement be carried out through Limited Facilitation/Facilitation by OJK, then OJK will carry out Facilitation / Limited Facilitation.
  7. Implementation of Facilitation / Limited Facilitation is carried out within a period of 30 (thirty) working days after the Customer and the Bank sign the Facilitation agreement and can be extended for a maximum of 30 (thirty) working days.
  8. Implementation of Facilitation / Limited Facilitationends, if:
      • Agreement or disagreement has been reached
      • Facilitation / Limited Facilitation time figure exceeded
      • The customer withdraws the application; or
      • The Bank and/or the Customer does not comply with the Facilitation agreement
      • Customer does not attend without notification at the implementation of Limited Facilitation

Reference:
POJK No. 31/POJK.07/2020 concerning the Implementation of Consumer and Community Services in the Financial Services Sector by the Financial Services Authority

Dispute Form


Dispute Resolution through Alternative Dispute Resolution Institutions for the Financial Services Sector (“LAPS-SJK”)

LAPS-SJK function is to provide out-of-court dispute resolution services that are integrated into the financial services sector.
Disputes: Disagreement between the Customer and the Bank which have gone through the process of resolving complaints by the Bank that are caused by losses and/or potential material losses, and impacted directly to the Customer due to the Bank does not fulfill the agreement and/or financial transaction documentation that has been agreed upon.

Brief Provisions for Settlement of Disputes through LAPS-SJK

  1. Complaints have been resolved by the Bank but no agreement has been reached with the Customer or the Customer has not received a response to the complaint as stipulated in the Regulation of the Financial Services Authority regarding customer complaint services in the Financial Services Sector.
  2. The Dispute submitted is not a Dispute that is in process or has been decided by a judicial institution, arbitration, or other alternative dispute resolution institution.
  3. Dispute handling through SJK LAPS is confidential.
  4. The dispute submitted is a civil dispute.
  5. Dispute resolution through SJK LAPS can be done by:
      • Face-to-face with the mediator or arbitrator
      • Electronic media; and/or
      • Document checking

LAPS-SJK can be contacted through:

Address :
Wisma Mulia 2 Lt. 16,
Jl. Gatot Subroto No. 42, Kuningan  Barat, Mampang Prapatan, Jakarta 12710
Phone : 021-29600292. 
e-mail : lapssjk@ojk.go.id or lapssjk@gmail.com

Reference:
Regulation of the Financial Services Authority (POJK) No. 61/POJK.07/2020 concerning Alternative Institutions for Dispute Resolution in the Financial Services Sector