Bali Resident Killed After Slashing After Bad Credit Conflict, Bali Police: Cannot Use Debt Collector Service

Meeting at the Bali Police/IST PHOTOS

DENPASAR - The murder incident in Monang-Maning, Denpasar, Bali due to the problem of motorcycle bad loans has become a public spotlight.

The Bali Police held a meeting inviting the Financial Services Authority (OJK), finance and external financing companies.

Wadir Reskrimsus Polda Bali, AKBP Ambariyadi Wijaya said the zoom meeting organized by the Ditreskrimsus Polda Bali was carried out as a preventive and preemptive effort by the Police so that the events that occurred on Jalan Subur, Monang-Maning, Denpasar would not happen again.

AKBP Wijaya deeply regretted the events that occurred in Monang Maning and claimed lives.

"In fact, everything has been clearly stated in the rules on how the creditor withdraws the fiduciary guarantee, if the debtor cannot carry out its obligations," said AKBP Wijaya at the Bali Police Headquarters, Tuesday, July 27.

The meeting resulted in an agreement that all parties obeyed and adhered to the rules according to Law no. 42 of 1999 concerning Fiduciary Guarantee.

Not only that, the finance party also agreed with the OJK so that in carrying out tasks in the field, it is still guided by OJK regulation no. 35/POJK.05/2018 concerning the operation of finance company business. Then, based on Perkap No. 8 of 2011, concerning securing the execution of fiduciary guarantees and the Constitutional Court's Decision No. 18/PUU-XVII/2019 concerning fiduciary guarantees in order to create conducive conditions.

"In fact, the OJK has sent a notification letter numbered S-152/NB.22/2021 dated 17 May 2021 to all directors of finance companies related to cooperation with third parties and or the use of outsourcing for the billing function," added AKBP Wijaya.

Based on Perkap No. 8 of 2011, it is possible for the finance party to ask the police for assistance to carry out security in order to control the physical objects that are bound by fiduciary guarantees.

However, in practice, there are still many debt collector actions that are not in accordance with applicable regulations. In fact, it leads to acts against the law.

Based on the Criminal Code (KUHP), their actions can lead to criminal acts, one of which is Article 368 of the Criminal Code concerning the crime of extortion.

"For this reason, the finance party in conducting the process of providing credit (surveys) is carried out to prospective debtors to be more thorough and careful," said AKBP Wijaya.

"All legal mechanisms and procedures in the execution of fiduciary guarantee certificates must be carried out. And, they apply the same as the execution of court decisions that have permanent legal force. For this reason, we appeal to finance not to use third parties (external Police) in executing guarantees fiduciary," he said.

Residents Died at the Hands of Debt Collectors

As previously reported, the beating and murder of Gede Budiarsana in Monang Maning Denpasar, Bali was triggered because a debt collector wanted to confiscate the motorbike of the victim's brother, Ketut Widiada, who was one year late in paying credit.

"So it is suspected that one year of not paying the credit," said Denpasar Police Chief Kombes Jansen A Panjaitan, Monday, July 26.

The motorcycle belongs to the victim Ketut Widiada (37). At that time, Ketut went to the PT Beta Mandiri Multi Solusi (BMMS) office with his late brother Gede Budiarsana (34) to have a conversation because 4 debt collectors visited his house.

There was a commotion at the BMMS office. Victim Gede Budiarsana called the police issued a necklace chain to provoke the emotions of the perpetrators. There was a fight, the two victims fled.

"There was a misunderstanding because the victim took out the necklace chain. So seeing this the perpetrators were triggered by their emotions so that this chase and slashing incident occurred," added Kombes Jansen.

Initially, according to the police, the victim wanted to resolve this issue by asking for a deadline for payment. But the BMMS considers the time given has exceeded so the motorcycle must be confiscated.

"Initially they (the perpetrators) went to the victim's residence. The victim has stated that this must be in accordance with the court's decision. Finally (the victim) came to the office and there was a misunderstanding at the office. even more emotional," said Kombes Jansen.

(30), Gusti Bagus Christisn Alevanto (23) alias Elvan, Gerson Pattiwelapia (23) and Dominggus Bakar Bessy alias Boncu (23).

Meanwhile, the victims are a brother named Gede Budiarsana (34) and his brother Ketut Widiada (37) alias Jro Dolah.

The two victims while fleeing were chased by debt collectors. Victim Gede Budiarsana was slashed with sharp weapons until the victim died on the street.

Meanwhile, the victim's brother, Ketut Widiada, suffered a laceration to his head and managed to save himself.

"Then, it is suspected that the victim (Gede Budiarsana) was bleeding at that time, corroborated by witnesses who saw it," said Kombes Jansen.