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.
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.

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.
 

hadodi

Member
Nov 8, 2013
154
23
18
NE Bali
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.

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.

Thanks a lot Atlantis. That means this bitch pays e.g. 100.000 and is off the leash?! And she is doing it as a scheme with many victims, especially those who can not defend themselves. And what in our case is the jewellry which is gone because she did not pay the Pegadaian?
What if the situation is like this: She paid BEFORE signing the Surat Pernyataan, but after that nothing?
 

hadodi

Member
Nov 8, 2013
154
23
18
NE Bali
P.S. Should we accept e.g. 1jt if she comes, knowing exactly what you just wrote? Loosing the right for a criminal case?
 

Markit

Well-Known Member
Sep 3, 2007
9,317
1,110
113
Karangasem, Bali
It seems madness to turn down any re-payment unless you're after blood. In all my time here I've never heard of anyone getting any money back from anyone unless they went to the Supreme court (Oz builder suing an Indo film star) and whether they actually got any dosh is debatable.

Famous case in Candi where the previous owner/builder signed over his majority to the Javanese lender only to end up being sued for the hotel rights. Winning it in Bali (he is Balinese) but losing at the next instance in a Jakarta court (lender Javanese). The place has sat empty and decomposing for the last 3 years - was one of the most beautiful hotels on the island (Alam Asmara).

IMHO best thing is to make a film script out of it and sell the rights or just move on.
 

spicyayam

Well-Known Member
Jan 12, 2009
3,592
342
83
A friend lent someone about 200 million and surprisingly didn't get the money back. He took the person to court and won. The lawyer charged him around 50 million for the case. Unfortunately he is still waiting for his money. Maybe you would have more luck with a debt collector.

[video=youtube;TUzlmWWdjEQ]https://www.youtube.com/watch?v=TUzlmWWdjEQ[/video]