Did she ever pay back anything, even a very small amount? This is in fact an important question which may determine if the case can be or can not be criminalized.He/she borrows money with false reasons, promising paying back, but does not happen. Although took jewellery to Pegadaian to get money out. Not paying back her/his debts therefore the jewellery is gone too. My family, simple campung people, trusted and lost so far about 47mio. This person signed Surat Pernyataan, but not fullfilled her/his promise. All this was reported in writing to the reskrim, witnesses he/she also cheated were asked and the outcome - NO criminal actions.
If I would be in my country I certainly would know what to do. Here, ... And I won't pay for an expensive lawyer.
To simplify:
If she has given back, even say Rp 100.000 out of the amount borrowed, it becomes a civil case and the Police can not be involved. It is to be dealt directly with the Pengadilan Negeri, at the kantor kepaniteraan Pengadilan Negeri of the kabupaten where the debt has been contracted. You need to do what we call a pendaftaran gugatan. This is when you will start to pay. :icon_e_biggrin: Considering the fact that there is Rp 47 jt involved I don't see how they could accept the gugatan prodeo/free of charge.
Do you have a chance of success? If you want my opinion, no. But you will meet with a bunch of clowns and crooks and have a better understanding on how does the judicial system work.
If she has NEVER, reimbursed ANY amount, despite having done numerous promises, and if you have proofs (at least two means of proof, ideally witnesses - close family members are not considered valuable witnesses - plus documents signed on top of a meterai) concerning the debt contracted then a case for penipuan (art. 378 KUHP) and/or pengelapan (art. 372 KUHP). Here, as long as you are tenacious and have real proofs, you have reasonable chances to succeed an to get some money back. I did it.
If the above conditions are/were reunited and that the police has declared the case SP3 (which is what apparently the police has done) you can fill a complaint to the DuMas (Pengaduan Masyarakat) unit in the kantor POLDA in Denpasar. This unit has a lot of functions, one of them being to deal with the complain of the people. Don't expect them to be offended by the behavior of their colleagues and to launch a crusade against them, but they will give them a call to let them know that they would better stick to the procedure. It works reasonably well. You may have to keep regularly in touch but it may reignite the case. If you decide to contact DuMas, do NOT talk about the fact that you suspect corruption or that they are lazy to do their job...etc. Keep it factual:
- She has borrowed money
- she never reimburse ANYTHING despite promising to do so several times
- You have witnesses (not family) and documents to support your claim
- You believe that she could be charged with art. 372 KUHP or 378 KUHP
- There must have been a misunderstanding.