Can someone be imprisoned (Fraud) for being unable to pay debt?
Answers:
The principle, being unable to pay debt is categorized as civil case (breach of contract) so that it shall not be be criminalized.
It is governed under Article 19 paragraph 2 Law No. 39 Year 1999 regarding Human Rights, says:
“No person found guilty by a tribunal shall be imprisoned or incarcerated for being unable to fulfill the obligations of a loan agreement.”
 
Besides that, there are several court decision (Jurisprudence) that confirm the same, the following:
  1. Indonesia Supreme Court’s Decision No. 93K/Kr/1969 dated 11 March 1970 states: “debt case is the civil case”
  2. Indonesia Supreme Court’s Decision No. 325K/Pid/1985 dated 8 October 1970 states: “civil case shall not be criminalized”
Based on the explanation above, you can understand that someone who could not pay his/her debt could not be criminalized.
Having any criminal charge hang over your head is a heavy burden. That is why it is important to find a lawyer that can help you. If you need legal advice or representation from a qualified Indonesian Lawyer, contact us Dalimunthe & Tampubolon Lawyers (click here), email: boristam@outlook.com, Phone: 081284260882
Indonesia Law: Can Someone Be Imprisoned (Fraud) For Being Unable To Pay Debt?

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