Can someone be imprisoned (Fraud) for being unable to pay debt?
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:, Phone: 081284260882
Indonesia Law: Can Someone Be Imprisoned (Fraud) For Being Unable To Pay Debt?

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat
Tell us your case, Now!
Konsultasi atau memerlukan Pendampingan Hukum? Chat Sekarang..