Banking Mediation

Banking Mediation is an alternative settlement for unresolved disputes, which may occur between Customers and Banks.

Mediation is a settlement process of disputes which involves a mediator so as to assist both parties in finding a settlement in a voluntarily agreement on part of or all disputed issues.
Disputes are problems reported by Customers or their Representatives to Banking mediators, after their complaints to their Bank fail to find any settlement.

Banking mediation shall be performed by Bank Indonesia until end of 2007, after which it shall be performed by an independent Banking mediation agency established by the banks association.

Based on Bank Indonesia's Regulation under no. 8/5/PBI/2006 dated 30 January 2006 concerning Banking mediation, and the Mediation provisions and processes as specified in the Circular of Bank Indonesia (SEBI) under No. 8/14/DPNP dated 1 June 2006, following principles were stipulated :

1.    Conditions to Request for a Settlement of Disputes

  • Request for a settlement of disputes can be only performed by Customers or their Representatives, including their agencies, legal entities and/or other banks, acting as Customers of the Bank concerned
  • Dispute reported is a civil case caused by a financial transaction.
  • Request for settlement of disputes should be made in writing based on format specified in Appendix 1( SE BI ) and attached with following documents:
    • Photocopy of the Bank's letter to Customer concerning the result of complaints settlement.
    • Photocopy of Customer's valid identity card.
    • A statement, which is signed on an adequate revenue stamp, confirming that the reported Dispute is not currently being processed or has already been decided by an arbitration agency, court of law or other mediation agency and has never been processed through Banking mediation facilitated by Bank Indonesia.
    • Photocopy of supporting documents related with reported Dispute.
    • Photocopy of the power of attorney, if this request for settlement of disputes is represented.
  • Customer has previously requested for a settlement to the Bank
  • Reported dispute is not currently being processed or has already been decided by an arbitration agency or court of law, or has not achieved any agreement facilitated by other mediation agency
  • Reported dispute has never been processed through Banking mediation facilitated by Bank Indonesia.

Banking mediators may reject request for settlement of disputes, which does not fulfill these requirements

2.    Timeline

Request for settlement of disputes should be submitted at the latest 60 (sixty) work days, i.e., from the date of Bank's letter on the result of settlement for Customer's complaints until the date of receipt of such request for settlement by Banking mediators directly from the Customer or the date of postal stamp, if it is sent by mail.

Mediation process shall be performed within 30 (thirty) work days as of the date the Customers and Bank sign the agreement to mediate until the signing of Agreement Deed.

3.    Value of financial claim

Value of financial claim in Banking mediation shall be in Rupiah currency with a maximum limit of Rp.500.000.000,- (five hundred million rupiah).

4.    Coverage of financial claim value

       Coverage of financial claim value may be in the form of :

  • Cumulative value of total loss suffered by Customer
  • Potential loss due to delay or Customer's inability to make financial transactions with other parties.
  • Cost paid by Customers to reach a settlement of disputes
  • This financial claim value does not include immaterial loss.

5.    Procedure

  • Based on Customer's request for settlement of disputes, Bank mediator may ask for a clarification and explanation from both Customer and Bank verbally and/or in writing.
  • Bank mediator may invite Customer and Bank so as to explain Banking mediation procedure. When Customer and Bank agree to use Banking mediation as an alternative settlement of their disputes, they should sign an agreement to mediate.
  • Agreement reached from a Mediation process shall be made in an Agreement Deed which is final and shall bind both Customer and Bank.

Final, in this case, shall mean it is not possible to request for re-mediation process of the dispute to the Bank mediator. Binding, in this case, shall mean this agreement shall valid as a regulation for both Customer and Bank and must be performed in a good will.

For further information, please contact our Call Centre at 15000 30.