With reference to Bank Indonesia Regulation No. 8/5/PBI/2006 as already amended by Bank Indonesia Regulation No. 10/1/PBI/2008 and Bank Indonesia Circular No. 8/14/DPNP regarding Banking Mediation and the Financial Service Authority Circular No. 2/SEOJK.07/2014 regarding the Service and Settlement of Consumer Complaint at Financial Service Business Operators, please be informed of the Procedure for the Submission of the Settlement of Dispute by Customers via Banking Mediation as follows:
Definition of Banking Mediation
Banking Mediation is a process of a dispute settlement involving a mediator to assist the parties in dispute to achieve a settlement in the form of a voluntary agreement on some or all of the disputed issues. In this case the Banking Mediation function is carried out by the Financial Service Authority or the Alternative Dispute Settlement Institutions stated in the List of the Alternative Dispute Settlement Institutions determined by the Financial Service Authority.
Banking Mediation Function
The function of Banking Mediation is limited to the efforts to assist the customer and the Bank to basically review the dispute in the framework of reaching an agreement between the customer and the Bank.
Customer Complaint Handling
Legal Basis:
Circular Letter of the Financial Services Authority NO.2/SEOJK.07/2014 on Handling and Settlement of Customer Complaints at Financial Service Operators.
Definition:
- Complaints are expressions of Customer’s dissatisfaction caused by a loss and / or a potential financial loss of the Customer presumably due to the Bank’s errors or omissions.
- Customers are parties that deposit their funds and / or utilize the services provided at a Bank.
Mechanism of Managing Customer Complaint:
- The Bank is required to serve and resolve any Customer complaints before such complaints are conveyed to the other party.
- The Bank is required to follow up and resolve the complaint no later than 20 (twenty) working days after the date of receipt of the complaint.
- For cases which the complaint could not be settled due to certain conditions, the Bank may extend up to a maximum of 20 (twenty) working days.
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Certain conditions as referred to in point 3 are:
- the Bank office receiving the complaint is not the same as the Bank office where the issue of the complaint takes place, and there are communication problems between the two offices;
- financial transaction complained by the customer requires a particular study on the documents of the Bank; and / or
- there are other things beyond the Bank’s control such as the involvement of a third party outside the Bank in financial transactions conducted by the Customer.
- The extension of time to resolve the complaint as referred to in point 3 shall be notified in writing to the Customer who filed a complaint before the deadline of the period as referred to in point 2.
Procedure for the Submission of the Dispute Settlement
- The submission of the dispute settlement via the Banking Mediation can be done by a customer or a representative of the customer.
- The dispute which can be submitted to Banking Mediation for settlement is the dispute which fulfils the following conditions:
- The dispute has been submitted for settlement by the customer to the Bank.
- The respective dispute is not in the process or has never been decided by an arbitration institution or court, or an Agreement facilitated by another Banking Mediation institution has not been reached.
- The respective dispute is a civil dispute.
- The respective dispute has never been processed in Banking Mediation facilitated by Bank Indonesia or the Financial Service Authority; and
- The submission of the dispute settlement does not exceed 60 (sixty) business days after the date of the letter regarding the settlement of Dispute sent by the Bank to the customer.
- The financial claim in the Banking Mediation is submitted in Rupiah, maximum IDR 500,000,000 (five hundred million rupiah). A customer cannot submit a financial claim resulting from immaterial losses.
- The submission of the dispute settlement is done in writing by completing the form for the dispute settlement by attaching documents in the forms of :
- Photocopy of the letter regarding the Dispute settlement sent by the Bank to the customer;
- Photocopy of the customer’s identity which is still valid;
- A statement signed on sufficient stamp duty that the respective dispute is not in the process or has not been decided by an arbitration institution, court or another Banking Mediation institution, and has never been processed in a Banking Mediation facilitated by the Financial Service Authority/Bank Indonesia;
- Photocopy of the supporting documents related to the respective dispute; and
- Photocopy of a power of attorney, if the submission of the settlement ofdispute is authorized to another person.
- The submission of the dispute settlement by a customer is addressed to The Chairman of the Board of Commissioners of the Financial Service Authority
Attn. Consumer Education and Protection Sector
- The Banking Mediation process is carried out after the customer or the customer’s representative and the Bank sign an agreement to mediate or a facilitation agreement which contains:
- An agreement to choose the Banking Mediation facilitated by the Financial Service Authority fot the dispute settlement ; and
- An agreement to abide by and subject to the rules of the Banking Mediation or the facilitation rules determined by the Financial Service Authority.
- The implementation of the Banking Mediation process until the signing of the Agreement is done maximum within 30 (thirty) business days from the date the customer or the customer’s representative and the Bank sign the agreement to mediate or the facilitation agreement and the period can be extended for another 30 (thirty business days based on an agreement between the customer or the customer’s representative and the Bank.
- The agreement between the customer or the customer’s representative and the Bank received from the Banking Mediation process shall be written in an Agreement signed by the customer or the customer’s representative and the Bank.
*For Complaint Process, Customer can contact Customer Services and Call Center (14083) of Bank Mestika
**Bank Mestika is a bank registered with and under supervision of the Otoritas Jasa Keuangan. Banking Meditation is provided in Indonesian and English language provided that in the event any discrepancy between them, Indonesia version shall prevail.