Have you ever encountered a Debt Collector?
Sometimes, the eagle eye Debt Collector in carrying out his duties uses violent means and methods that are against the law.
In the world of vehicle loans, for example, especially motorcycles, there is what is called an eagle eye debt collector. The term eagle’s eye is given because, in their work, they need the sharpness of an eagle’s eye. His job is to chase vehicles that have bad credit and the debtor is difficult to find. Eagle eye debt collectors are looking for vehicles that have single installments.
On Tuesday, March 9, 2021, a video circulated of 2 eagle-eyed people forcibly pulling motorbikes and abusing debtors or those who applied for credit. This video was recorded by a CCTV camera on Jalan Jatinegara Kaum, Pulogadung, East Jakarta. Previously, 2 eagle eyes seemed to stop the motorbike which had been in arrears for 5 months.
Eagle Eye Legal Position
January last year, the Constitutional Court (MK) has stated that leasing parties or debt collectors may not withdraw or confiscate any vehicle, even though they cannot complete the payment. The decision was stated in the Constitutional Court’s decision Number 18/PUU-XVII/2019 which was published on January 6, 2020. This decision invalidated the previous rule that allowed leasing to execute itself if credit was not smooth. Previously, the rules used were Article 15 paragraphs 2 and 3 of Law no. 42 of 1999 concerning Fiduciary Guarantee.
Paragraph 2 states that a fiduciary guarantee certificate has the same executorial power as a court decision that has permanent legal force. Then in paragraph 3 it is explained that if the debtor breaks his promise, the Fiduciary recipient has the right to sell the Fiduciary Guarantee object on his own power. Simply put, the creditor or leasing party can directly withdraw the vehicle if the debtor breaks his promise. This is the origin of the rise of the debt collector profession who attracts cars or motorbikes that fail to pay.
A fiduciary agreement is a debt agreement between a creditor and a debtor that involves a guarantor whose position is permanent and a Notary Deed is made to be registered at the fiduciary registration office. If there is no fiduciary guarantee, the creditor does not have the right to execute the object that is guaranteed. As a result, the agreement became weak because it was made under the hands.
The Constitutional Court’s new decision to cancel Law no. 42 of 1999. Indecision number 2 which was signed by the Chief Justice of the Constitutional Court, it was stated that Article 15 paragraph 2 of Law Number 42 of 1999 was contrary to the 1945 Constitution of the Republic of Indonesia and had no binding legal force.
All legal mechanisms and procedures in executing the Fiduciary Guarantee Certificate must be carried out and apply the same as the execution of court decisions that have permanent legal force. So, if the debtor objected to having his vehicle taken, the leasing party may not take it by force. Leasing may take the vehicle if there is a court decision that has permanent legal force.
How to Deal with Eagle Eyes?
If you are met or visited by eagle eyes, here are things you can do:
- If forced to stop, pull over in a crowded place
- Don’t panic and talk as usual
- Secure vehicle ignition
- Ask and record the identity of the eagle eye
- Ask the identity of the owner of the vehicle written in the book belonging to the eagle’s eye
- Don’t give STNK, no matter what happens
- If you do have problems with installments, talk to them properly. If possible, pay the installments by transferring
- If you can’t pay the installments, talk to the leasing branch office
- If you can’t afford to pay, ask for a vehicle withdrawal letter as legal evidence, so that if you meet an eagle’s eye, this can be proof that you are not in arrears on credit.