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| Dwi Ratna Indri Hapsari, SH., MH. (Photo: Special). |
Some time ago, a police officer arguing with two debt collectors went viral. In fact, there was an attack on a debt collector who wanted to collect a debt. Many questions have arisen about debt collectors, including how far is their authority in collecting debts? It attracts the attention of law lecturer at the University of Muhammadiyah Malang (UMM), Dwi Ratna Indri Hapsari, SH, MH.
According to her, the term debt collector is actually taken from a foreign language, which means a person who collects the debt. This activity is usually related to finance companies. There is a consumer who borrows and must pay the loan. Likewise in pinjaman online (pinjol) (trans: online loans) and credit card financing.
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In fact, there are no regulations related to the bank's obligation to have a debt collector, either in OJK Regulation No. 35/POJK.05/2018 of 2018 regarding the Business Implementation of Financing Companies or OJK Regulation No. 10/POJK.05/2022 regarding Technology-Based Funding Services. However, banks can use collection service providers that are not part of the bank.
Indri explained that debt collectors are a legal activity. Yet, several conditions must be fulfilled. Starting with the requirement to be under a legal body such as a PT, a cooperation, and others. Furthermore, it must have a business license and its staff must also be licensed.
"A debt collector should not only have a big posture and a fierce look, but it is important to be qualified as a debt collector," she added.
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In addition, during the collection process, debt collectors must pay attention to ethics. Moreover, the problems that often occur related to debt collectors are ethical aspects. In OJK Circular Letter No. 19/2023 regarding the Implementation of Information Technology-Based Joint Funding Services, it is stated that collectors must use an official identity card complete with a photo of themselves. They are not allowed to use threats, violence or actions that humiliate the customer.
"The debt collectors should not use physical or verbal pressure. Refrain from using words or actions that intimidate and demean ethnicity, religion, race, and intergroup, dignity, and self-esteem. Whether it is in the real world or in cyberspace (cyberbullying) to the borrower or relatives. Billing is also not carried out continuously in a disruptive manner. It can only be done through personal channels, at the place of the billing address, or the domicile of the borrower," she said.
Considering these regulations, the debt collector must be able to comply with various regulations. Thus, there will be no things that are not desirable during the collection process. As for collector services that violate the collection rules, they will certainly be criminally prosecuted.
"Becoming a debt collector is a legal job as long as it adhere to the rules and regulations. Do not violate the ethics that have been determined. As a borrower, you should be able to measure your capability—whether you are able to pay your debts in the future. If you feel unable, it is better not to make a loan than to have to deal with debt collectors or financing services," she concluded. (dit/wil/put)
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