Checklist for Debt Collection in Indonesia

1 - Statute of limitations of the credit

30 years (ordinary term for commercial and civil debts, special regimes apply).

2 - How to interrupt the statute of limitations

Demand letter(s), lawsuit , and acknowledgment of debt.

3 - Lawyer demand letter

Strongly recommended. In some cases the judge could dismiss lawsuit filed by creditor due to the absence of prior demand letter to the debtor or defendant.

4 - Competent Court

The District Court where the defendant or debtor is domiciled, unless otherwise agreed contractually (i.e. Alternative Dispute Resolution).

5 - How to appoint a lawyer

Require Power of Attorney to issue demand letter(s) on behalf of the creditor and represent the creditor inside the court. If the power of attorney is made outside Indonesia, it must be notarized by a public notary and apostilled or legalized (if non-Hague member) by the competent authority. The PoA must be made in the Indonesian language or at least in bilingual form.

6 - Documents required for court action

Contracts,  invoices, statements of account, demand letter(s), any acknowledgement of debt, useful written correspondences, power of attorney, claim/lawsuit letter.

7 - Average duration of an ordinary lawsuit

Up to 6 months at the first degree court (District Court).

8 - Special proceedings for monetary claims

Small Claim Court (Gugatan Sederhana), applicable for material claims up to IDR 500,000,000 (USD 30,000), with a maximum trial duration of 25 working days, provided that there is only 1 (one) debtor and creditor in the dispute.                                                                              

9 -Regime of legal fees

Out-of-court costs to be paid by the creditor or plaintiff.

10 - Interests on arrears

6% per annum.