A plenary hearing for the judicial review of the P2SK Law to hear the OJK’s witnesses, Thursday (11/2/2023). Photo by MKRI/Fauzan.
JAKARTA (MKRI) — OJK (Financial Services Authority) civil servant investigator (PPNS) Jus Marfinnoor and executive supervisor Ahmad Sathori were presented as OJK’s witnesses at the ninth hearing for the judicial review of Article 8 point 21 of Article 49 paragraph (5), and Article 8 point 21 paragraph of Article 49 paragraph (1) letter c of Law No.4 of 2023 on Financial Sector Development and Reinforcement (P2SK Law) on Thursday, November 2, 2023.
Marfinnoor explained several cases he handled for the Financial and Development Supervisory Agency (BPKP) since 2015. OJK investigators can handle cases in areas where there are no OJK offices by collaborating with the local police and prosecutor’s office. He revealed how case management in the OJK’s financial services investigation department (DPJK) can take the cases delegated from work units at OJK. Such cases were what Marfinnoor handled the most throughout his assignment.
However, he said some cases came in through citizens’ reports to DJPK under coordination with the OJK’s supervisor. In addition, some cases were the results of investigations in collaboration with OJK supervisors. He explained that after they have been delegated, OJK investigators will begin an investigation. If a criminal crime in financial services is discovered, it will reach investigation by OJK investigators.
In short, OJK investigators will collaborate with the Indonesian Police (especially PPNS supervisory coordinator of the criminal investigation department) following the issue of an investigative warrant and a notice of commencement of investigation (SPDP), primarily during forced search, arrest, and detention of suspects. Additional investigators are required due to the expanding power and development of criminal offenses in the financial services sector and direct public complaints.
Marfinnoor admitted that OJK continued to request coordination and additional investigators from the Police, BPKP, and the Ministry (tax and customs PPNS). Additional internal OJK employees hopefully will increase the number of OJK investigators so that it can be more in line with the number of cases handled by OJK in line with the development of the authority granted by the P2SK Law.
“Based on my experience, sufficient knowledge and competence are needed in order to recognize the business processes of the financial services industry. Before the P2SK Law, OJK investigators became PPNS investigators under many laws in the law enforcement process. Despite eight years of experience, I haven’t mastered all of the laws that control criminal and industrial business processes. Therefore, certain investigators, who come from within the OJK and know this industry, are needed so they can be educated to become specific investigators,” said Marfinnoor.
OJK’s Protection
Next, in his testimony, OJK’s executive supervisor Ahmad Sathori revealed a concrete case involving PT WAL. Based on the P2SK Law, communication between the Supervisor and shareholders is carried out in the form of a financial restructuring plan (RPK) so that at the meeting concrete steps can be taken by shareholders to save the company. At every meeting and communication, the OJK always requested a physical meeting without representation. However, the other party was undergoing treatment abroad, so he attended the meeting virtually through his legal counsel.
“In a letter, the controlling shareholders of PT WAL stated that they had conducted a circular GMS. In essence, they explained that all shareholders had agreed to declare the dissolution of the company and the formation of a liquidation team so the OJK has consistently done things for the protection of policyholders for the certainty of returning policyholder rights. In addition, it has asked PT WAL shareholders to return to Indonesia to take responsibility for all their actions, including by taking legal acts through the liquidation team in order to optimize the return of policyholder assets,” Ahmad stressed on what the OJK had carried out for the case of PT WAL’s policyholders.
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The case No. 59/PUU-XXI/2023 was filed by the Workers’ Union of Banks, Services and Insurance (SP NIBA) of mutual life insurer Asuransi Jiwa Bersama (AJB) Bumiputera 1912, I Made Widia, Ida Bagus Made Sedana, Endang Sri Siti Kusuma Hendariwati (Petitioners I-III), Bakhtaruddin (Petitioners V), and Muhammad Fachrorozi (Petitioners VI). The Petitioners challenge Article Article 8 point 21, Article 49 paragraph (5), and Article 49 paragraph (1) letter c Law No. 4 of 2023 on the Financial Sector Development and Reinforcement (P2SK).
Article 49 paragraph (1) letter c of the P2SK Law reads, “Investigators of the Financial Services Authority shall consist of: ... c. certain employees, who are given special authority as investigators as referred to in the Criminal Procedure Code, to investigate criminal acts in the financial services sector.”
Article 49 paragraph (5) reads, “Investigation of criminal offenses in the financial services sector can only be carried out by investigators of the Financial Services Authority.”
At the preliminary hearing on Monday, June 19, it was asserted that Petitioner I, a private legal entity, had been harmed since the P2SK Law had eliminated his constitutional right to defend its members’—who are workers and citizens—legal interests. They had suffered losses due to being unable to take legal measures through the police against crimes in the financial services sector, as was faced by AJB Bumiputera 1912. They could only take legal actions through sole investigation of criminal offenses in the financial services sector, which only the OJK investigators can do.
Petitioner I believes the P2SK Law have consequences of constitutional issues in terms of certain employee investigators of the OJK. It can be ascertained according to logical reasoning that under the P2SK Law, sole investigation of criminal acts in the financial services sector is potentially carried out by certain employee investigators of the OJK. If interpreted that sole investigation of such criminal acts can only be carried out by the OJK, this provision would have a direct impact on the legal interests of members of Petitioner I, which is under the OJK’s supervision.
Petitioner II believes the granting of sole authority to OJK investigators has resulted in the rejection of the criminal report he lodged and reflects legal uncertainty in the law enforcement process. He also alleges that the OJK has monopolized investigations in the financial services sector, thus being contrary to due process of law based on fair legal certainty, as guaranteed in Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution. It also reduces the authority of the national police as the main state apparatus tasked with enforcing the law, as stipulated in Article 30 paragraph (4) of the 1945 Constitution. 30 ayat (4) UUD 1945.
Therefore, the Petitioners requested that the Court grant their provisional petition and postpone the enactment of the P2SK Law until there is a court decision in the a quo case, during which Law No. 21 of 2011 on the Financial Services Authority will apply.
Author : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Muhammad Halim
Translator : Nyi Mas Laras Nur Inten Kemalasari/Yuniar Widiastuti (NL)
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Thursday, November 02, 2023 | 15:44 WIB 219