Why Do We Have To Criticize The Provision Of Authority Of The OJK Investigating Financial Crimes?

TPPU expert Yenti Garnasih (Photo via Antara)

JAKARTA - The full authority of the Financial Services Authority (OJK) as the only institution in investigating criminal acts in the financial services sector is considered to be dangerous.

"It is very dangerous, unless the OJK has shown its human resources and experience because the crime in the financial industry is very complex," said TPPU expert Yenti Garnasih in a written statement received in Jakarta, Tuesday, January 10, quoted from Antara.

The Law on the Development and Strengthening of the Financial Sector (UU PPSK) which gives authority to the OJK is dangerous. This is because the OJK is considered to have no experience in investigating the financial sector's own criminal acts.

Yenti doubts that OJK investigators will be able to handle various crimes in the financial industry, such as investment, banking to the capital market.

He reminded that currently the National Police (Bareskrim) already has a special unit to investigate crimes in the financial sector, namely the Directorate of Special Economic Crimes (Dittipideksus). The government should maximize this special unit.

"They (Dittipideksus investigators) are reliable, can they no longer handle it? In my opinion, recklessly only OJK can handle criminal cases in the financial sector, while financial crimes are very complex," he said.

The general chairman of the Criminal and Criminal Law Community (MAHUPIKI) explained that all crimes in the financial industry ended in money laundering. Yenti doubts that OJK can handle it up to the TPPU. In addition, TPPU investigations require caution and accuracy from experienced investigators.

On the other hand, the granting of full authority to OJK is the only institution that can investigate criminal acts in the financial sector, which is considered a waste of state budgets because there will be appointment of new investigators. Meanwhile, currently, there are many reliable investigators owned by the police.

"Don't waste it in terms of budget, we have educated the investigators, later they will be unemployed," he said.

OJK is given the authority to be the only institution that has the right to carry out criminal investigations in the financial services sector. This is regulated in the PPSK Law Article 49 Paragraph (5). This means that apart from being a regulator and supervisor, OJK also serves as the sole agency conducting the investigation.

However, OJK can also use resources from the police to civil servants.

Article 49 Paragraph (1) states that OJK investigators consist of investigators from the Indonesian National Police, certain civil servant officials and certain employees, who are given special authority as investigators as referred to in the Criminal Procedure Code.