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.