“DEBT CASE REPORTED TO THE POLICE”
From the Supreme Court’s decision, a “Legal Abstract” can be raised as follows:
- An owner of money feels disadvantaged because their receivables at maturity are not paid by the debtor, while the clearing account letter (Bilyet Giro) they received as collateral for the debt turns out to be empty when it is disbursed at the Bank. Because there are no funds, the owner of the money then reports/complains to the Police that the debtor has deceived them (the owner of the money).
- In the criminal justice process, from the first level to the cassation level, it has been decided that the debtor is “abandoned from all lawsuits” because the debtor’s action is not a criminal act, neither a crime nor a violation.
- Based on the decision of the criminal case, because they felt that their reputation had been defamed, the debtor filed a civil lawsuit against the owner of the money on the grounds that the owner (Defendant) committed an “Unlawful Act” and was sentenced to pay immaterial damages of one billion rupiahs.
- Regarding the civil lawsuit from the debtor, the Supreme Court of the Republic of Indonesia is of the opinion that the act of someone reporting or complaining to the Police to defend their civil rights is not included as an “Unlawful Act:” (in casu Defamation) ex article 1365 B.W.
- The Supreme Court decision follows the previous decision (jurisprudence) No. 562 K/Sip/1973 about a similar case.
- These are the notes on this case.
→ Supreme Court Decision No. 908 K/Pdt. 1991, September 27, 1994
Source: Compilation of Supreme Court Abstract Legal Decisions on the Law of Debts and Receivables, By: Ali Boediarto, S.H. Publisher: Indonesian Judges Association, page 303.
Best regards,
Fredrik J. Pinakunary