PPATK Account Blocking Has Potential to Violate Human Rights

Jakarta, MINA – The National Commission on Human Rights (Komnas HAM) is analyzing the impact of account blocking by the Financial Transaction Reports and Analysis Centre (PPATK) on the human rights of the public.

“Komnas HAM is paying attention to this case because it involves a significant number, yes, around 120 million (122 million) accounts, and of course, there are several analyses being carried out by Komnas HAM,” said Komnas HAM Chairperson Anis Hidayah in Jakarta on Wednesday.

According to Anis, so far there have been no reports submitted to Komnas HAM as a result of the account blocking. However, based on an internal agreement among the commissioners, Komnas HAM has decided to conduct an investigation monitoring.

As part of this monitoring mechanism, Komnas HAM will request information and statements from several parties, including the PPATK. This is to delve into the matter of account blocking more comprehensively.

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“We will inform you later,” she said.

Meanwhile, Komnas HAM Commissioner for Education and Outreach Abdul Haris Semendawai stated that this account blocking has the potential to violate human rights because it was done unilaterally and without a legal basis.

He explained that, based on Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering, an account can only be deactivated if it is indicated to be used in money laundering, terrorism, or other crimes.

“Whereas, if we listen to the PPATK’s explanation, the action is in the context of preventing online gambling (judol). This means that these accounts have no direct connection to the criminal acts,” said Semendawai.

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He also added that an account is a form of wealth, thus it is included in the right to property. When an account is blocked, the owner cannot freely use their assets.

This condition, Semendawai continued, can hinder the fulfillment of other rights. He highlighted cases where people could not pay hospital bills and school fees due to the blocking.

“Although it has been corrected by being revoked, so it has been reopened, but there are 120 million accounts, which is a large number, and they don’t automatically return by themselves, so Komnas will follow up on it,” said Semendawai.

Komnas HAM suggested that if there are future blockings, the authorized institution should notify the affected parties in advance. This is also a form of fulfilling the right to information guaranteed by the constitution.

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“Indeed, this blocking is a very clear human rights violation and cannot be resolved just by unblocking; there must be future regulations, for example, if a blocking occurs, before the blocking happens, there should be a notification, a minimum of three notifications, until the person knows,” he said.

Previously, PPATK Head Ivan Yustiavandana confirmed that the handling or analysis of 122 million dormant accounts has been completed and the process of reopening them is now left to the banks.

According to him, the data on accounts with dormant status was not determined by the PPATK but was obtained based on bank reports.

“I emphasize again, as of today, we have released everything (all dormant accounts have been released) and we have returned them (to the banks). It is finished, the phase has already entered (to be resolved),” said Ivan in Jakarta on Tuesday.

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PPATK, in a separate press release, said that the temporary cessation of transactions on dormant accounts was not done without reason. In a five-year analysis, PPATK found widespread misuse of these accounts without the owners’ knowledge.

These accounts are said to be often used to hold funds from criminal acts, such as selling accounts, hacking, using nominees as holding accounts, narcotics transactions, corruption, and other crimes.[Shibgho]

Mi’raj News Agency (MINA)

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