Debt Collector Pulls Vehicles on the Same Road as Begal

ILLUSTRATION

JAKARTA - The Jakarta Raya Metropolitan Police assessed that the practice of forcibly withdrawing vehicles on the road by debt collectors or eagles (matel) is a crime that is no different from the Begal action.

Head of Public Relations of the Metro Jaya Police, Kombes Pol Budi Hermanto, emphasized that stopping vehicles on the road accompanied by intimidation was not legally justified and fell into the category of thuggery.

"If we stop vehicles forcibly, what is the difference with begal? This is already a premanism action," Budi told the media, Friday, December 19.

According to him, the withdrawal of motor vehicles that are the object of financing should be carried out in accordance with legal procedures. Financing institutions can indeed issue a Work Order (SPK) to debt collectors who have been certified and understand the legal aspects of the withdrawal of fiduciary objects.

However, in practice, the SPK is often transferred to a third party or even a fourth party that does not have adequate legal competence and understanding.

"This SPK is often not carried out by the person appointed directly by the leasing. It is passed down to another party who does not understand how to withdraw a vehicle that is a dispute of a fiduciary," he explained.

This condition, said Budi, often leads to intimidating actions against consumers. In fact, if the procedure is carried out correctly, the withdrawal should be carried out persuasively.

"There should be a summons and warning first. For example, appealing to the debtor to come to the financing office the next day, not stopping the vehicle on the road," he said.

He also revealed that the practice of forced withdrawal has been going on for a long time and has developed into a source of income for debt collectors and matel groups, due to certain rewards from each vehicle that has been successfully withdrawn.

"This has been happening for years, even decades, and has evolved into a system of thuggery. They gather, approach consumers, intimidate and intervene," he said.

Regarding the case of stopping vehicles by two matel in the field, Budi said the police were still investigating whether the vehicle was really in arrears and whether the withdrawal was carried out by a debt collector who had an official certification.

"It is still being investigated. Is it true that there is a backlog and whether the collection is carried out by a legitimate debt collector," he said.

He emphasized that every withdrawal of vehicles must be accompanied by a task order from the financing institution and prioritize mediation, not coercive action.

In addition, Budi also highlighted the obligation of registration of fiduciaries by financing companies. According to him, there are still many financing institutions that have not registered fiduciaries from the beginning, and only do so when there is a dispute over withdrawal.

"Every vehicle that is credited must be registered for its fidusi. The data is integrated online and must be checked. We will also ask for a fiduciary audit so that financing institutions are more orderly," he concluded.