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Indonesian The Financial Services Authority (OJK) ensures that OJK Regulation (POJK) Number 22 of 2023 concerning Consumer and Public Protection in the Financial Services Sector is not aimed at protecting consumers or debtors who do not have good intentions.
The Financial Services Authority (OJK) ensures that OJK Regulation (POJK) Number 22 of 2023 concerning Consumer and Public Protection in the Financial Services Sector is not aimed at protecting consumers or debtors who do not have good intentions.
“I think ladies and gentlemen (financial services business actors/PUJK) from the start really carried out a strict assessment. Don’t let naughty debtors and consumers serve you. Because if that happens, there will be risks behind it. “Credit risk, operational risk, even reputation risk,” said Head of the OJK Consumer Protection Department Rudy Raharjo in an online discussion in Jakarta, Thursday.
Furthermore, Rudy explained that POJK no. 22 of 2023 must not conflict with various higher laws and regulations including the Fiduciary Guarantee Law (UU). If the consumer is proven to be in default, the credit provider can execute or withdraw the collateral in accordance with the Fiduciary Guarantee Law.
“POJK, when viewed from the strata or sequence of statutory regulations, must not conflict with the regulations above it. “So this POJK refers to the P2SK Law, but also refers to the Fiduciary Guarantee Law and also liability laws and so on which are related to consumer protection,” said Rudy.
He emphasized that all rights and obligations between consumers and PUJK are also contained in POJK No. 22 of 2023. Rudy gave the example of article 7 which contains the PUJK’s obligation to ensure consumer good faith. PUJK also has the right to receive legal protection from consumer actions that have bad intentions.
“This is actually also regulated in the Fiduciary Guarantee Law, where PUJK can take further legal action in relation to consumers who are naughty or who do not have good intentions, and also consumers who hand over collateral originating from criminal acts. “This is what is in articles 6 and 7,” he said.
If the consumer is proven to be in default, the PUJK is obliged to provide a warning letter and have a fiduciary guarantee certificate, mortgage certificate and/or mortgage certificate. In proving default, as stated in article 64, Rudy said that a court decision is one option for determining whether default is proven.
However, on the other hand, as stated in article 4, Rudy reminded that PUJK is also obliged to have good intentions in carrying out business activities or providing services to consumers in a non-discriminatory manner. In addition, PUJK is obliged to ensure that third parties or those representing PUJK’s interests can treat or view consumers in a non-discriminatory manner.
“If we look more deeply, consumers also have many rights and obligations, one of which is to have good intentions when using products and/or services. “And also pay according to the value or price and/or cost of the product and/or service agreed with PUJK,” said Rudy.
(source: Antara News)