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Procedure Settlement of Dispute Through Banking Mediation

Procedure Settlement of Dispute Through Banking Mediation

Peraturan Bank Indonesia No. 10/1/PBI/2008 Perubahan Atas Peraturan Bank Indonesia Nomor 8/5/PBI/2006 Tentang Mediasi Perbankan tanggal 29-1-2008 dan SEBI No. 8/14/DPNP tanggal 1-6-2006

  1. Dispute between a Customer and a Bank, due to declined Customer's financial claim by the Bank (with nominal value of not more than Rp 500,000,000.00). Financial claim nominal value consists of actual financial loss, potential loss caused by Customer's financial transaction with other party delayed or cannot be done, and or Customer's expenses on the process of dispute settlement. The nominal value is excluding the claim on immaterial damages.
  2. The submission of Dispute settlement for Banking Mediation to the entity that conducting the Banking Mediation function shall be made by the Customer or Customer Representative with the following requirements:
    1. Submitted in writing (form available at the nearest bank's office) and enclosed with sufficient supporting documents
      1. Copy of Dispute Resolution Letter issued by the Bank to Customer
      2. Copy of valid identity
      3. A statement letter which signed by Customer on stamp duty stating the Dispute is not currently being processed or had never been-decided on by an arbitration institution or a court, or had never reached an agreement facilitated by other Mediating Institution (statement letter form available at the nearest Bank's office)
      4. Copy of other supporting documents related to the Dispute case
      5. Copy of Power of Attorney if the case is represented by Customer Representative.
    2. Had previously been submitted by the Customer to the Bank for settlement
    3. The submitted Dispute is not currently being processed or had never been decided on by an arbitration institution or a court, or had never reached an agreement facilitated by other Mediating Institution
    4. The submitted Dispute is a Civil Dispute
    5. The submitted Dispute had never previously been processed by way of Banking Mediation facilitated by Bank Indonesia; and
    6. The submission of the Dispute settlement had not exceeded 60 (sixty) working days since the date of the Complaint settlement result letter sent by the Bank to the Customer.
  3. The submission of Dispute settlement shall be addressed to the Directorate of Banking Investigation and Mediation, Bank Indonesia, Radius Prawiro Tower 19th Floor, Jalan M.H. Thamrin No. 2, Jakarta 10110 with a copy to the Bank.
  4. Mediation process is started upon the signing of an agreement to mediate by both Customer/Customer Representative and the said agreement shall cover
    1. An Agreement to select Mediation as an alternative Dispute resolution method
    2. An agreement to obey and comply with Mediation rules stipulated by BI.
  5. The process of Mediation until the signing of the Agreement Deed shall have been completed in no more than 30 (thirty) working days as of the signing of the agreement to mediate by Customer or the Customer Representative and the Bank and the process may be extended for another 30 (thirty) working days based on an Agreement between the Customer or the Customer Representative and the Bank.
  6. The Agreement between the Customer or the Customer Representative and the Bank resulting from the Mediating Process shall be put into an Agreement Deed signed by the Customer or the Customer Representative and the Bank.

Useful Links

Click here for Settlement of Dispute Request Form
Click here for Banking Mediation Form

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