KONTAN.CO.ID - JAKARTA. Financial Services Authority Regulation (POJK) Number 22 of 2023 concerning Consumer and Public Protection in the Financial Services Sector is considered to be a sharp peg for Financial Services Business Actors (PUJK), one of which is the multi-finance (leasing) industry.

PT BCA Finance's Director of Corporate Risk, Legal and Compliance, Handoyo Lim, explained several points that are deemed to require further clarity from POJK 22/2023.

"OJK provides rules for good debtors, but what PUJK friends feel is that OJK is putting sharp pebbles at the feet of business actors," he said at the 2024 Financing Challenges Seminar, in Jakarta, Tuesday (30/1).

Handoyo said that further clarity was needed regarding the baleid which stated that consumers were proven to be in default. Because, he said, civil law stipulates that material agreements must be stated including the terms and conditions regarding default and sanctions.

According to him, the Constitutional Court's decision 18 gave rise to multiple interpretations. He said, OJK interpreted that it had to be explained or written in the agreement.

"But the facts on the ground are that people don't read that, if you want to withdraw (the unit) agree first. "Therefore, this regulation requires an explanation so that it does not become a sharp pebble for us," he said.

Handoyo said that the OJK was not in the business of interpreting the law or changing or providing another perspective on the law. But in fact, he continued, this has created various obstacles.

"If a written agreement is requested due to events other than those stipulated in the agreement, please provide an explanation in article 64 (POJK 22/2023), what is meant? "Because of that, all the explanations are clear, but the facts are not clear and make it even more unclear," he said.

Handoyo added that when a leasing company withdraws a unit, it is explained in the Fiduciary Law that if the debtor defaults, the debtor is obliged to hand over the collateral for execution in three cases.

"Firstly, based on executory power, secondly it is auctioned in public, thirdly it is sold privately with an agreement with the debtor, then if more of the proceeds are returned, if less is still a debt, it is clearly not clear," he stressed.

Previously, General Chair of the Association of Indonesian Financing Companies (APPI) Suwandi Wiratno said that his party would propose several things to the OJK and hoped for an OJK Circular Letter (SEOJK) regarding POJK 22/2023.

"We ask for clarity, POJK 22/2023 is actually clear, but what we are worried about is that the media and the public are reading it incorrectly," he said when met in Jakarta, Tuesday (30/1).

Suwandi explained, in article 6 POJK 22/2023 Financial Services Business Actors (PUJK) have the right to obtain legal protection for consumers who have bad intentions, such as providing false data and those who do not pay on time.

According to him, this article needs to be combined with article 62 and article 64, each of which explains that PUJK is obliged to ensure that credit or consumer financing collections are carried out in accordance with norms applicable in society and statutory provisions.

Then article 64 states that the takeover or withdrawal of collateral by the PUJK must comply with the provisions, the consumer is proven to be in default, the consumer has been given a warning letter and the PUJK has a fiduciary guarantee certificate, mortgage certificate and/or mortgage certificate.

"But the article is not connected, it should be connected, so actually we want to explain to the OJK what the meaning of the ban is and what it means to do," he explained.

Suwandi revealed that the regulator said that this POJK was made for debtors with good intentions and PUJK should not act carelessly. However, he continued, OJK does not tolerate debtors who do not have good intentions.

"Our hope is that (there is) an SE (OJK Circular Letter), we can propose it and then the OJK will decide," he said.