Ulma Nurriva – The alleged beating death of a politician, allegedly at the hands of Citibank debt collectors, has sparked a debate on whether the use of outsourced debt collectors, who often employ brutal tactics, is legal and ethical.
Outsourced debt collectors are legal, according to a 2009 circular from Bank Indonesia, under several circumstances. But David Tobing, a lawyer, said the circular stipulated that debt collection should not be done in ways that violate the law.
"The circular also requires creditors to use contracts that include clauses stating that the creditor will responsibility for all of the legal consequences arising from the actions of the collectors," he told the Globe.
David is currently representing a man in Bandung, West Java, who filed a lawsuit against an international private bank after a group of debt collectors beat his face and fractured several of his facial bones last year.
"The trial is ongoing. On the other hand with the Citibank's case, they have criminal liability, since a life was lost, as well as a civil liability, because this man was a father to his family. How can they survive after he died?"
Citibank is in the hot seat after the death of National Unifying Party (PPB) secretary general Irzen Okta on Tuesday. According to police, Okta, 50, died in a private room at Menara Jamsostek on Jalan Gatot Subroto.
South Jakarta Police chief of detectives Comr. Budi Irawan said Okta had gone to the office to discuss his credit card bill. According to Budi, Okta claimed he owed Rp 48 million ($5,500), while the bank said the actual amount was Rp 100 million.
Three bank employees, including two debt collectors, were in the room at the time of Okta's death, Budi said. An autopsy later showed that Okta had died from a brain hemorrhage.
The police have named three suspects – namely B, a Citibank officer, as well as H and D, who are the bank's debt collectors. "We have questioned five people. Three of them have been named as suspects," Budi said.
The police also confiscated evidence from the bank's office. "We have the autopsy report and witnesses' accounts. Other evidence includes blood stains on the curtains of the collections room, the room where the bank deals with customers with bad debts, on the fifth floor of Menara Jamsostek," Budi said.