Market Conduct Supervisionojk.go.id/Files/seminarkusumaningtutiss.pdf3 Definitions and International...

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Seoul, 26 February 2014 Jakarta, 8 April 2014 Market Conduct Supervision: Indonesian Perspective Kusumaningtuti S. Soetiono Member of Board Commissioners in Financial Education and Consumer Protection, IFSA International Seminar on Market Conduct: A New Era of Conduct Supervision: Consequences, Challenges & Opportunities, Denpasar, 8 September 2014

Transcript of Market Conduct Supervisionojk.go.id/Files/seminarkusumaningtutiss.pdf3 Definitions and International...

Page 1: Market Conduct Supervisionojk.go.id/Files/seminarkusumaningtutiss.pdf3 Definitions and International Practices Definitions Market Conduct Market Conduct is the Financial Institutions

Seoul, 26 February 2014 Jakarta, 8 April 2014

Market Conduct Supervision: Indonesian Perspective

Kusumaningtuti S. Soetiono Member of Board Commissioners in Financial Education and Consumer Protection, IFSA

International Seminar on Market Conduct: A New Era of Conduct Supervision: Consequences, Challenges & Opportunities,

Denpasar, 8 September 2014

Page 2: Market Conduct Supervisionojk.go.id/Files/seminarkusumaningtutiss.pdf3 Definitions and International Practices Definitions Market Conduct Market Conduct is the Financial Institutions

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Presentation Index

2

Market Conduct Framework 2

Regulation and Supervision 3

Definitions and International Practices 1

Challenges and Recommendations 4

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Definitions and International Practices

Market Conduct Definitions

Market Conduct is the Financial Institutions behavior in designing, organizing and delivering information, offers, make an agreement, on the financial products and services as well as dispute resolution and complaints handling. (OJK Regulation No.1/2013)

Why It Is Needed

Moral Reason

Economic Reason

Low Level of Financial Literacy

Cases (Consumers Loss)

Mitigate Financial Crisis

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Definitions and International Practices

Market Conduct Regulatory Structure

One supervisory agency in charge of prudential and

market conduct supervision

Established a specialized financial consumer protection and market conduct agency

General consumer protection agency dealing with financial

products and services

Internal Twin Peaks General Protection Twin Peak Structure

Inggris, Perancis, Swiss,

Australia, Kanada

Thailand, Malaysia,

Singapore Cayman Islands

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Definitions and International Practices

Negara Kelembagaan Market

Conduct Micro-Prudential

Inggris Twin Peaks FCA PRA

USA Twin Peaks CFPB FDIC, OCC, CFTC, SEC, NCUA, FHFA,

FINRA

Australia Twin Peaks ASIC APRA

Malaysia Internal Twin Peaks BNM

Thailand Internal Twin Peaks Bank of Thailand

International Practice What about Indonesia?

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Presentation Index

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Market Conduct Framework 2

Regulation and Supervision 3

Definitions and International Practices 1

Challenges and Recommendations 4

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Market Conduct Framework

Law No. 21 Year 2011 Regulatory Framework

Article 4

1 implemented in an organized, fair, transparent and accountable manner;

2 able to realize the financial system that grows in a sustainable and stable manner

3 capable of protecting the interests of consumers and the society

OJK is formed with the aim that the overall activities within the financial services sector are:

Principle:

the balance between the growth of the financial

sector and the protection of consumers and society

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Market Conduct Framework

Prudential

OJK

Market Conduct

2

1 Market Confidence

Level Playing Field

Market Conduct and Prudential Supervision in one agency

Internal Twin Peaks

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Financial Inclusion

Financial Literacy

Consumer Protection

The Trilogy of Policy Instruments

Consumer Empowerment

Sustainable Financial Sector

Market Conduct

Economic Growth

Proverty Reduction

Income Distribution

Market Conduct Framework

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Market Conduct Framework

Financial Inclusion Financial Literacy Consumer Protection

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Market Conduct Framework

Financial Inclusion Financial Literacy Consumer Protection

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Market Conduct Framework

Financial Inclusion Financial Literacy Consumer Protection

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Presentation Index

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Market Conduct Framework 2

Regulation and Supervision 3

Definitions and International Practices 1

Challenges and Recommendations 4

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Regulation and Supervision

OJK Regulation No. 1/2013 regarding Consumer Protection in Financial Services Sector

Regulation

Transparency Fair Treatment Reliability Data Privacy Protection Effective Complaint Handling/

Dispute Resolution

As an “umbrella” for Consumer Protection regulation in Indonesia Financial Services Sector

1

Consumer Protection Principle 2

OJK Cirlcular Letter

1

2

3

Implementation of Education

Program

Consumer Complaint and

Dispute Resolution

Information distribution in

marketing

Standard clause 4

5 Data Privacy Protection

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Regulation and Supervision

Capital Market

Market Conduct Supervision

Financial Sector Supervision

Capital Market

Banking

NBFI

Syariah

Market Conduct

Prudential Supervision Prudential

Market Conduct

Current Condition

Ideal Condition

Current Condition

Ideal Condition

Supervision Current Condition and Ideal Condition

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Regulation and Supervision

Supervision Complaint Handling

OJK Integrated Customer Care

Launch by OJK Chairman on Feb, 6 2014 with feature : Integrated FCC 34 OJK Office Trackable Traceable Knowledge Management System

Total Services Sept, 3 2014

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Presentation Index

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Market Conduct Framework 2

Regulation and Supervision 3

Definitions and International Practices 1

Challenges and Recommendations 4

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Challenges and Recommendations

Market conduct supervision is a value-added of FSA. This functions need to be implemented

Prepare the framework and market conduct supervision infrastructure

Strengthening coordination, especially between marker conduct supervisor and prudential supervisor

Strengthening the regulation and enforcement in consumer protection, financial literacy and financial inclusion

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SUMMARY

Market Conduct Supervision which includes

the financial services sector is necessary and

urgent.

Market Conduct Supervision and Prudential Supervision are two different functions but complementary and

needed to be present in OJK

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THANK YOU

Mrs. Kusumaningtuti S. Soetiono Member of Board Commissioners in Financial Education and Consumer Protection, IFSA Telp : +62-21 2981-7002 Fax : +62-21 350 1886 Email : [email protected]