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

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:

1. Legal Entity Form: The other party must be a legal entity.
2. Permit from Competent Authority: The other party must have a permit from the relevant competent authority.
3. 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.

Sanctions for Violations

PUJK that violates the provisions of Article 61 POJK No. 22 of 2023 may be subject to various administrative sanctions, including:

• Written warning.
• Restriction of products and/or services.
• Freezing of products and/or services.
• Dismissal of administrators.
• Administrative fine.
• Revocation of product and/or service permits.
• Revocation of business license.

Administrative sanctions in the form of fines can reach Rp15,000,000,000.00 (fifteen billion rupiah).

The Importance of a Special Power of Attorney in Debt Collection

In practice, debt collectors often collect debts based only on assignment letters from PUJK. However, according to Article 1792 of the Civil Code, a special power of attorney is required to give the attorney the power to carry out certain actions on behalf of the principal. The special power of attorney explains the specific actions that the attorney may take.

Conversely, an assignment letter is only an instruction from a superior to a subordinate to carry out a specific task within an agency. An assignment letter does not have a strong legal basis like a special power of attorney. Therefore, a debt collector who only has an assignment letter does not have the legal standing to collect debts.

Differences Between Assignment Letter and Special Power of Attorney

• Special Power of Attorney: Regulated in Articles 1792 and 1795 of the Civil Code, giving the attorney the authority to take certain actions on behalf of the principal.
• Assignment Letter: Not specifically regulated in laws and regulations, usually used in internal relations of agencies or organizations to assign certain jobs.

Legal Implications of Collection Without a Special Power of Attorney

A debt collector who collects debts without a special power of attorney has the potential to commit an unlawful act, as regulated in Article 1365 of the Civil Code. This unlawful act occurs if:

• There is an act that violates the law.
• There is an error committed by the perpetrator.
• There are losses suffered by the victim.
• There is a causal relationship between the perpetrator's actions and the resulting losses.

If the debt collector continues to collect debts without a special power of attorney, the act can be considered a criminal act of extortion and threats, as regulated in Article 368 of the Criminal Code. This article threatens the perpetrator with a maximum imprisonment of 9 months.

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.

Penggunaan jasa debt collector oleh PUJK harus sesuai dengan aturan yang ketat, termasuk adanya perjanjian kerja sama dan surat kuasa khusus. Pelanggaran terhadap ketentuan ini tidak hanya dapat mengakibatkan sanksi administratif yang berat bagi PUJK, tetapi juga dapat menimbulkan masalah hukum serius bagi debt collector. Masyarakat perlu lebih memahami hak-hak mereka dalam menghadapi tindakan penagihan yang tidak sesuai prosedur, untuk melindungi diri dari praktik penagihan yang sewenang-wenang dan melanggar hukum. Dengan pemahaman yang lebih baik mengenai regulasi dan implikasi hukum ini, diharapkan masyarakat dapat lebih proaktif dalam melaporkan tindakan penagihan yang tidak sesuai dan menuntut perlindungan yang lebih baik dari pihak berwenang.