CONSUMER COMPLAINTS AGAINST THE BANKING SECTOR AS A PART OF CONSUMER PROTECTION

Author(s):  
Iwona Dorota Czechowska
2020 ◽  
Vol 1 (2) ◽  
pp. 122-129
Author(s):  
Irma Sari Permata

Financial institutions of the banking sector are one of the financial institutions that serve as the measure of progress of a country. To realize the financial system that grows continuously and stable, and able to protect the interests of consumers and society, the Government established the OJK (Financial Services Authority). This research uses secondary data relating to the level of effectiveness of consumer protection of financial services. Data collection techniques through observation, library studies. The result of this research is the development of consumer complaints in the banking financial sector. It is expected that the research has increased education by conducting socialization on consumers and monitoring and surveying of banks, in order to minimize the mistakes committed by the banking sector.


Author(s):  
Xavier Vives

This chapter examines the competition policy practice in different jurisdictions, focusing on the European Union, the United Kingdom, the United States, and a number of emerging and developing economies (Brazil, China, India, Mexico, Russia, and southern Mediterranean countries). It begins with a discussion of the concerns of the competition authorities in the European Union and the United Kingdom about the banking sector and proceeds by considering practice in the main competition policy areas that have been active in banking: mergers, cartels and restrictive agreements, and state aid. Among other issues, it reviews the tensions between the prudential and the competition authorities, the recent cases of international cartels on Libor and foreign exchange market, and some landmark cases in the European Union. It also looks at consumer protection, with a new impulse from behavioral ideas, and the convergence in aims between consumer protection and competition policies.


Author(s):  
Marwah Marwah

Abstract                Under the provisions of Article 22 paragraph (1) of the Financial Services Authority Regulation No. 1/POJK.07/2013 on Consumer Protection of the Financial Services Sector, whereas in the case of Business Service Actors using standard agreements, such standard agreements shall be prepared in accordance with the laws and regulations . However, based on the results of the research, in the current banking practice, the agreement format has been prepared unilaterally by the bank in the form of standard conditions set forth in the printed form, and then presented to applicant debtor for approval. This study aimed to find out about the role of the Financial Services Authority as a facilitator in providing accurate information and provide facilities for the settlement of consumer complaints. This research was an empirical research conducted in Makassar city. The results indicated that the Financial Services Authority as a facilitator, not optimal in protecting the mortgage debtor.Key Word : Role of the Financial Services Authority, Debtor Protection Abstrak             Berdasarkan ketentuan Pasal 22 ayat (1) Peraturan Otoritas Jasa Keuangan Nomor 1/POJK.07/2013 tentang Perlindungan Konsumen Sektor Jasa Keuangan, bahwa dalam hal Pelaku Usaha Jasa Keuangan menggunakan perjanjian baku, maka perjanjian baku tersebut wajib disusun sesuai dengan peraturan perundang-undangan. Namun, berdasarkan hasil penelitian, dalam praktik perbankan saat ini, format perjanjian telah disiapkan secara sepihak oleh pihak bank berupa syarat-syarat baku yang dituangkan dalam formulir yang sudah dicetak, dan kemudian disodorkan kepada calon nasabah debitor untuk disetujui. Penelitian ini bertujuan untuk mengetahui mengenai peran Otoritas Jasa Keuangan sebagai fasilitator dalam menyediakan informasi yang akurat serta memberikan fasilitas penyelesaian pengaduan konsumen. Penelitian ini merupakan penelitian empiris yang dilaksanakan di kota Makassar. Hasil penelitian menunjukkan bahwa Otoritas Jasa Keuangan sebagai fasilitator, belum optimal dalam melindungi debitor Kredit Pemilikan Rumah.Kata Kunci : Peran Otoritas Jasa Keuangan, Perlindungan Debitor   


Author(s):  
Nor Hazrina ◽  
Yulfasni Yulfasni ◽  
Delfianti Delfianti

Today technology is growing rapidly including in the banking sector, banks as service providers continue to provide services to facilitate customer transactions, one of which is in the form of an ATM machine (Automatic Teller Machine), besides that customers as consumers in banking services also have the right to get comfort and security for funds entrusted by the customer to the bank, and also the bank is obliged to provide protection and safeguard against crime by third parties with skimming mode, as stipulated in the consumer protection law. The method in this research is normative juridical research. Research data were collected through literature study and interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out how the Protection of Bank Customers From the Act of Skimming Viewed from the Consumer Protection Regulation. The results of the study indicate that the form of legal protection for bank customers from acts of skimming in terms of the Consumer protection Act that is legal protection and direct protection, and if there is a skimming action that is detrimental to the customer, and it is proven that there is no element of negligence from the customer, the bank will provide compensation for the amount of money lost.


2021 ◽  
Author(s):  
Mehmet Kerem Coban

This article examines why and how a regulation on retail banking fees, commissions, and charges emerged in Turkey after a long period of regulatory forbearance. The article shows that when regulatory forbearance caused stasis, and the “statist”, exclusionary policymaking context limited consumer groups’ access to the policymaking process, consumer groups challenged the policy regime of the banking sector and the regulator by appealing to another state actor, the Ministry of Customs and Trade. The Ministry took advantage of an opportunity structure to pass a new consumer protection law which assigned a de facto mandate on the regulatory agency to regulate fees, commissions, and charges. The article argues that the regulatory policy change was a product of a policy regime change with the Ministry emerging as a veto player, as it redefined the institutional arrangements in the policymaking process, and imposed its preferences and its stricter policy approach. As such, the article contributes to our understanding of the conditions of how diffuse interest groups can trigger regulatory policy change, but more importantly policy regime change.


Author(s):  
Desak Putu Dewi Kasih ◽  
Putu Devi Yustisia Utami

This study aims to determine the regulations regarding standard contracts in the banking sector after the existence of the authority of the Otoritas Jasa keuangan, to find out the legal consequences of violations of the provisions of standard contracts carried out by banking financial services and to determine efforts to prevent violations of standard contracts by banking financial services. This is normative legal research with with statutory approach and a conceptual approach. The results show that the regulation regarding the standard contract after the existence of the OJK as a financial service consumer protection agency is regulated through the Financial Services Authority Regulation (POJK) No.1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector and in the Financial Services Authority Circular Letter (SEOJK) No. 13 /SEOJK.07 / 2014 regarding the Standard contract. The legal consequences of violating the provisions of the standard contract are not regulated in the POJK and the SEOJK. When it compared with the provisions of article 18 paragraph (3) of the Consumer Protection Law which explicitly states that violations of article 18 paragraphs (1) and (2) result in standard clauses being null and void, POJK and SEOJK only require financial service actors to make action plan, hence it is deemed to have no clear legal consequences. One of the efforts that must be made by banking financial service actors to prevent violations of the provisions of the standard contract is by making standard contract regulations independently and elaborating them in the internal banking regulations.


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