Professor of the Faculty of Law, Jenderal Sudirman University (Unsoed) Prof. Hibnu Nugroho believes that the move to make the Financial Services Authority (OJK) a sole investigator in handling criminal acts in the financial services sector is inappropriate.
“ This does not provide openness. Other institutions have the authority, money has the state, not only OJK, so it's not appropriate if it's only OJK,” Hibnu said in a statement received in Jakarta, Antara, Monday, January 16.
Hibnu assessed that the Law on the Development and Strengthening of the Financial Sector (UU PPSK) which regulates the authority of this single investigator to conflict with other laws and regulations.
“Judging from the structure or system it seems that it collides with other laws. In the law (KUHAP), the single investigator of the National Police, apart from that there is a certain PPNS (civil servant investigator). All institutions may carry out investigations, but under the supervision of the National Police, it must be emphasized, "” Hibnu said.
Hibnu said that this new authority for OJK has the potential to cause abuse because starting from supervision to investigating the financial sector, only OJK does it.
“ Potential abuse. OJK belongs to the public, the police can't. If OJK money is please, it's state money, there must be openness. Do not let the country in the country, investigators in the investigator,” he said.
Previously, OJK was 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 Law on the Development and Strengthening of the Financial Sector (UU PPSK).
This is stated in Article 49 paragraph (5). This means that apart from being a regulator and supervisor, OJK serves as the sole agency conducting the investigation.
"Investigations for criminal acts in the financial services sector can only be carried out by investigators from the Financial Services Authority," reads Article 49 paragraph (5).
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