Jakarta, Armfalcon.com – Not long ago, a woman shared a very, very unpleasant experience on the social network Twitter. He lost Rp. 200 million and his wedding ring because his fiancé took him away.
“Twitter do your magic! My fiancé is gone, and he left a ring and a letter just like that. What’s worse, he ran away with my money. All of the money is almost 200 million in total, because there is money from the same project that his friends haven’t finished yet and it turns out he’s also there make the money,” said the tweet of a woman named Grace Given on her Twitter account, @grcgiv.
Grace also uploaded a letter written by Paulus Marulitua Sinaga, the missing fiancé. In essence, Paulus apologized to his parents and said that he included a ring that he would make to give to Grace.
It is said that Grace said that before she disappeared into the earth, Paul routinely borrowed money for seven years when they were dating. In total, the money Paul borrowed was almost Rp. 200 million.
Paulus had promised to return the money in installments, but Paulus just left Grace.
Grace admitted that she had visited Paulus’s house in the village, but Paulus’ family had left hands.
On Twitter, Grace also showed evidence of a chat with Paulus who wanted to borrow a large amount of money. The Rp. 10 million was borrowed under a payment agreement, but in the end, Paulus failed to fulfill the obligation.
Meanwhile, he also forced him to borrow money with a total value of Rp. 47 million for his own aunt’s business capital, which at that time had not received any income.
As is known, losing large amounts of money can certainly have a serious impact on your personal finances. But what solutions can be taken for this problem? Here’s the review.
Fiancee can be prosecuted both criminal and civil
According to a statement by a criminal law expert at Al Azhar Indonesia University, Suparji Ahmad, there are two mechanisms you can take if you want to sue your friend who is negligent in paying debts, namely civil and criminal mechanisms.
“You can be sued for default, broken promises. For example, he promised to pay a certain date but until the promised date was not paid as it should, then he will have a bad performance in the category of default,” he was quoted as saying detikcomSunday (9/5/2021).
The process is, first you can send a subpoena first and then mediate. If the person concerned is still absent from obligations, then this matter can be processed in court and there he will be required to fulfill his achievements (pay debts).
Meanwhile, if you want to use the criminal route, you can use Article 378 of the Criminal Code as a guideline. The person who borrows funds from you can be considered as fulfilling elements of a series of lies or fraud, or it could also be Article 372 of the Criminal Code regarding embezzlement, because the debt given was embezzled by a borrower who has no intention of returning it.
Of course this can be reported to the police in the area where the crime occurred.
But all this has a condition
Suparji also added that the two demands could be implemented as long as they fulfilled the four conditions in Article 1320 of the Civil Code, which included:
– Subjective requirements, namely the existence of an agreement for both parties to bind themselves.
– there is an agreement that the person concerned agrees to make an agreement
– The object of the agreement is clear, for example accounts payable
– the object is halal, in the sense that it is not an object that violates the law
If these four conditions are met, even if the agreement is not ratified by a notary, it can still be processed by law.
Do not carelessly owe people
Even if he is a boyfriend, sibling, fiancé, best friend, and other close person, the behavior of running away from responsibility will still exist. Therefore, when you intend to lend a large amount of funds, make a written agreement that is ratified by a notary because the party who has the potential to be greatly harmed is the lender.
If you want to feel bad and want to help, then give money in an amount that you can afford to lose.
Hoping for the money back will only hurt you more and it will damage your relationship with the person in question in the long run.
Also avoid giving debt from sources of funds that we have allocated for short and long term needs, for example, children’s education funds or savings that you have made.
Similar to Tamara, this is a way to share inheritance if father marries 2 times