The Position and Responsibility of Leasing for Debt Collector Actions in Settlement Through Restorative Justice

Abstract

This study aims to analyze the position and responsibility of leasing companies regarding debt collectors' actions in resolving cases through restorative justice mechanisms. Debt collectors' debt collection practices are often carried out through unlawful means, such as intimidation, threats, and seizure of collateral, thus giving rise to criminal law issues and violating the principle of legal protection for debtors. In the context of criminal law reform, restorative justice is viewed as an alternative case resolution that emphasizes restitution for victims' losses. However, its application must be limited to avoid obscuring the legal accountability of the parties involved. This study employed normative legal research methods with a statutory and conceptual approach. The results indicate that leasing companies cannot absolve themselves of legal responsibility for the actions of debt collectors acting in their own interests, even though debt collectors are formally positioned as third parties. In resolving cases through restorative justice, leasing companies must be positioned as the primary subject of recovery, institutionally responsible for both victims' losses and improvements to collection mechanisms. Therefore, restorative justice can only be implemented fairly if it involves active responsibility from leasing companies and remains oriented toward victim protection and substantive justice within the Indonesian criminal justice system.