Wednesday, 16 April 2014

BPSK AND APPI ACCUSE EACH OTHER IN CONSUMER DISPUTE


The Consumer Dispute Settlement Body [BPSK] of the Jakarta Municipality saw many mem­bers of The Association of Indonesian Financing Companies [APPI did not respond to the call of Court. BPSK had even sent 3 letters of call to financing corniness. The call was pursuant to consumers' com­plaint. Normally calls were related to cases of non­performing loan, confiscation, loss of motor vehicles etc. "We are glad that APPI had the courage to make such a statement in a press conference and in one seminar [27/3] at Hotel Le Meridien Jakarta. We feel it necessary to strip off APPI so the public will know who breaks the Law" Yohannes Tobing, member of BPSK Jakarta told Business News 128/3].

BPSK Jakarta was located at Jalan Satrio no 7 Kuningan South Jakarta. BPSK had received many complaints about indisclipinary acts of its members. BPSK just according to the rules of dispute handling, took actions in three stages, i.e. conciliation, media­tion and arbitration. The three stages could run well if the consumer and businesspeople were present to comply to BPSK's call. "The leasing company always refused to come. We had asked for investigator's help, in this case the Directorate of Consumer's Protection, Ministry of Trade. We were shocked, because suddenly APPI accused BPSK as personal. This is in­deed contradictory."

APPI admitted that many Non Governmental Organization [LSM] members individually broke the Law. BPSK as Consumers Legal Protector was locat­ed in every Level II Regencies and Cities in all of In­donesia, were under Law no.8 / 1999 on Consumer's Protection. The institution was in charge of setting consumers' disputes outside the General Court. But there was a BPSK in Tasikmalaya West Java who acted as if trying to protect the consumer but had the hidden intention of not paying credit installment mon­ey. There was even a collector of a financing agency being tortured.

Since the very beginning the BPSK individual offered " security services" to consumers. Some­where along the way the consumer was advised not to continue paying his automotive credit. When the collector was tortured, the company made a report to the Police, but some Policemen of Tasikmalaya were members of the BPSK gang. The report proceeded to Mayor's level with zero result. "The Mayor of Ta­sikmalaya branded us as capitalist. We were told to go away from Tasikmalaya. The occurrence was pub­lished in the press it happened 2 years ago" Chairman of APPI Suwandi Wiratno disclosed to Business News [28/31].

APPI suspected BPSK individuals who pro­tected fraudulent consumers was not only in Tasik­malaya but they were spread out in many regions. Time after time after legal actions were taken ap­peared another BPSK person in another place. "Crimi­nal disturbances always happened, in any region at all, but the frequency was not increasing, around 1.6% only" Suwandi remarked.

Occurrence in Tasikmalaya was lesson to learn for law enforcers and related institutions espe­cially the Ministry of Trade, because BPSK as instru­ment of the Law was under the Ministry of Trade. "We know that BPSK is under the Ministry of Trade; but the way I see it, BPSK persons in the regions are unknown or not registered at the Ministry of Trade, but they act as if they had mastery over problems. They hide behind the masquerade of protecting consumers.”

APPI stated they would never compromise with BPSK persons. So if there was any dispute brought to court, APPI members always emerge as winners. BPSK also Lawyers among their list of members. But when the Lawyer seemed to protect wrong consumers APPI would still not accept. “At the Court we normally win”.

On the other hand the Association of Indonesian Financing Agencies [APPI] admitted that some of their members broke the Law like making double charges etc on consumers, but that did not represent APPI as a whole. “We are talking about individuals nor company who is working professionally.”

APPI claimed that they were controlling their members. If there was anyone breaking the rule, APPI would take firm action. There was even an APPI official who sent one of his employees to jail. The action was as punishment to indisclipinary act, fleeing with consumers money for motorcycle credit installment. “There are consumers who paid, but he as collector ran away with the money. The consumer produced receipt and reported to the company. We put sanction on indisclipinary employees. “Some companies acted firmly, they sent their employees to jail. (SS).

Business New - April 2, 2014

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