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Arbitrary Debt Collector? Know Your Rights and Protect Yourself from Illegal Collection!

Argha Syifa Nugraha, S.H.

Contributor

15 Jul 2024 · 14:49 15 July 2024 14:49 WIB 5 minutes reading time: 5 minutes 4 read

This article discusses cases of arbitrary debt collection by debt collectors in Indonesia, OJK regulations governing cooperation with third parties, the importance of special power of attorney, and the imp...

Arbitrary Debt Collector? Know Your Rights and Protect Yourself from Illegal Collection!

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Table of Contents

Introduction
OJK Regulations on Collection Cooperation
Sanctions for Violations
The Importance of a Special Power of Attorney in Debt Collection
Differences Between Assignment Letter and Special Power of Attorney
Legal Implications of Collection Without a Special Power of Attorney
The use of debt collection services by financial service providers (PUJK) must comply with strict rules, including a cooperation agreement and a special power of attorney. Violations of these provisions can not only result in severe administrative sanctions for PUJK, but can also create serious legal problems for debt collectors. The public needs to better understand their rights in the face of debt collection actions that do not follow procedures, to protect themselves from arbitrary and unlawful collection practices. With a better understanding of these regulations and legal implications, it is hoped that the public can be more proactive in reporting non-compliant collection actions and demanding better protection from the authorities.

Legal Literacy - This article discusses cases of arbitrary debt collection by debt collectors in Indonesia, OJK regulations governing cooperation with third parties, the importance of special power of attorney, and the legal implications of collection that does not follow procedures.

Introduction

Although regulated by Financial Services Authority (OJK), cases of arbitrary debt collection by debt collectors are still widespread in our society. Financial Services Business Actors (PUJK), such as banks, financing companies and online loans, often use the services of third parties to carry out debt collection. This article discusses the applicable regulations, the importance of special power of attorney, and the legal implications of collection that does not follow procedures.

OJK Regulations on Collection Cooperation

In OJK Regulation (POJK) No. 22 of 2023 Article 61, it is regulated that PUJK can cooperate with other parties for the collection of credit or financing to consumers. This collaboration must be stated in a written agreement with sufficient stamp duty and meet several important provisions:

Legal Entity Form: The other party must be a legal entity.
Permit from Competent Authority: The other party must have a permit from the relevant competent authority.
Human Resources Certification: The other party must have human resources who have obtained certification in the field of collection from professional certification institutions and/or organizing associations registered with the OJK.

PUJK is also required to be responsible for all impacts arising from this collaboration. Periodic evaluation of this collaboration is also required to ensure that the third party continues to meet the established standards.