PENGGUNAAN JASA DEBT COLLECTOR DI INDONESIA DENGAN MENGACU PADA FAIR DEBT COLLECTION PRACTISE ACTS DI AMERIKA SERIKAT
Abstract
The use of debt collector services by Bank in the conduct of debt collection
become a natural thing because it has been done since long times ago. Bank
Indonesia does not actually prohibit the use of debt collectors, but the use of this
service should be in accordance with the rules regulated by Bank Indonesia as
stipulated in the PBI No. 11/11/PBI/2009 which has been revised with PBI
14/2/PBI/2012 and also the terms that regulated in SEBI No. 14/17/DASP. The
case of the death of one customers who have delinquent credit card debt shows
the act of thuggery by debt collectors who did the debt collection on that case
There are two problems that will be discussed and solved in this thesis (1)
Has the regulation about Debt Collector in the SE BI No. 14/17/DASP date 7th
June 2012 been giving the law protection guarantee to the customer refers to the
Fair Debt Collection Practices Act? and (2) What is the sanction for the Debt
Collectors when they break the SE BI No. 14/17/DASP date 7th June 2012, PBI
No. 14/2/2012, and Fair Debt Collection Practices Act? From those two problems
the answer is (1) The law protection for the customer according to SEBI 14/2012
and PBI 14/2012 is still simple and not giving enough protection in general, even
still giving free actions to the Debt Collector in debt collecting and (2) There is no
sanction yet toward the Debt Collector according to SEBI 14/2012 and PBI
12/2012, so that Indonesia still using the regular rules, such as the KUHPerdata
related with the compensation of default or the tort, and also the KUHP related
with the criminal sanction in regular.
This type of research is normative, in the sense that this study was based
on a literature review, a legal norms concerning the process of resolution of
problem loans through Debt Collector associated with SEBI 14/2012, Regulation
14/2012 and FDCPA laws in America States. This thesis uses the Statue Approach
to view the contents or substance of the legislation. Comparative approach by
comparing regulation in Indonesia with U.S. regulations related to billing
procedures by Debt Collector.