Ombudsman Finds Potential Malaadministration Of CoFTRA That Ignores Obligations To Investigate Public Service Complaints

Illustration-(Photo: DOK ANTARA)

The Ombudsman of the Republic of Indonesia (ORI) found the potential for maladministration of public servants of the Commodity Futures Trading Supervisory Agency (CoFTRA) in handling public reports that were victims of commodity futures trading (PBK). "From the PBK modes that cause community losses, we hypothesized that in resolving the legal issue, maybe there is indeed lazidministration," said Ombudsman Member Yeka Hendra Fatika at the Ombudsman gathering. hybrid in Jakarta, Antara, Friday, January 26. Yeka said that the form of maladministration found was an allegation of waiver of legal obligations in carrying out investigative obligations. He explained that Law Number 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trade mandates the role of CoFTRA as a super power institution in making, developing, fostering and enforcing the law. The mandate of Article 68 paragraph (1) in the law related to PBK states that certain Civil Servant Officers within the CoFTRA are given special authority as investigators to carry out criminal investigations in the PBK sector based on provisions in the Criminal Procedure Code (KUHP). "So an investigation should have been carried out, but it was never used," said Yeka. From the examination of the Indonesian Ombudsman, Yeka said, the results of public reports submitted to the Indonesian Ombudsman regarding the PBK for the 2021-2024 period were 29 reports. Of these, 18 reports were in the examination stage, 3 reports were closed, four reports did not meet the requirements, three monitoring stage reports and one formal verification stage report. Then, there were seven futures brokers out of 63 brokers who were reported to be problematic. Namely, PT MAF, PT BF, PT RFB, PT GKIB, PT EWF and PT MIF & SAM. With a total material loss suffered by the reporter of Rp 68.5 billion. "The average number of futures brokers reported is not many. There are 63 in Indonesia. Of the 63 reports, seven are reported, actually CoFTRA can focus on these seven alone," said Yeka. In addition, the duration of handling reports submitted to CoFTRA takes 600 days. The follow-up to the handling, of the 15 reports examined by the Ombudsman, as many as six reports were subject to administrative sanctions (40 percent), three examination stage reports (20 percent), two examination schedule reports, two evaluation stage reports, one stage report waiting for a case title and one more report waiting for an cassation decision. "Furthermore, what CoFTRA did was only reached the stage of imposing administrative sanctions and never carried out an investigation," said Yeka. In fact, he continued, the hope of the complainant was only two, namely Bappabti conducting examinations and investigations on alleged commodity trade crimes and wanting a refund for material losses suffered. Another alleged maladministration found is the neglect of legal obligations in carrying out preventive supervision authority. CoFTRA, Yeka said, did not carry out its preventive supervisory function on the alleged PBK criminal act, as can be seen from the number of same future brokers reported by the reporters to the Indonesian Ombudsman. "Then the delay protracted in the online or online procurement system service, which finally felt a long time ago. Because they were tired, they complained to the Ombudsman. The hope was that it would quickly enter the Ombudsman, like entering the same hole, the handling took a long time," said Yeka. Yeyka hopes that this correction can be an input for CoFTRA to provide a sense of justice for the community, by not only imposing administrative sanctions on the reported futures brokers. Because it can be seen from the futures broker modes to the public, by luring the advantages of being fooled; forced unconsciously, to sign an agreement; manage customer accounts; rigged by means of a direct, split, delay and offset by system (OBS).

For this reason, this sarasehan presents speakers from CoFTRA to listen to the problems, as well as from the National Police Headquarters and the Attorney General's Office to hear the legal handling of the PBK case. "Hopefully on this blessed Friday, a closed heart can be opened, a locked mouth can be opened," Yeka hoped.