You lent money to a business partner, or you delivered goods and the payment never arrived; calls go unanswered and promises to pay keep slipping. Many people in Purbalingga and across the Banyumas region face the same thing: a debt that clearly exists, but a debtor who will not pay. The question is no longer whether you are entitled to collect, but how to collect in a way the law recognizes, so the money can actually be recovered.
Collecting through the courts is not a single act. It is an ordered chain: somasi (a formal demand letter), court-annexed mediasi (mediation), a gugatan wanprestasi (breach-of-contract lawsuit), and — if you win — eksekusi (enforcement). This article explains each stage — what it contains, when it is used, where it is filed — so you know where your case stands.
Somasi: A Formal Demand Before Suing
A somasi — a demand letter or notice of default — is a formal letter requiring the debtor to pay within a set deadline. Its basis is Article 1238 of the KUH Perdata (the Indonesian Civil Code): a debtor is only considered in default after being warned by a letter or similar instrument, unless the contract already fixed a deadline that has simply passed. Without a somasi, it is hard to prove the debtor truly defaulted — so it is the first piece of evidence before you sue.
A well-drafted somasi contains:
- the identities of the creditor and the debtor;
- the basis of the debt: a contract, invoice, transfer receipt, or kwitansi (receipt);
- the amount owed and a payment deadline (for example, 7 or 14 days);
- a warning that the matter will go to court if the deadline passes.
The somasi is sent in writing, may be repeated (first, second, third notice), and its proof of delivery is kept as an exhibit to the lawsuit.
The Legal Basis: Breach of Contract, Not Tort
Collecting a debt through the courts rests on a broken agreement. Article 1320 of the KUH Perdata sets four requirements for a valid contract: consent, legal capacity, a defined subject matter, and a lawful cause. When they are met, Article 1338 makes the agreement binding “as law for those who made it” — the principle of pacta sunt servanda — so it cannot be repudiated unilaterally.
Two bases are easily confused, so pick the right one. Wanprestasi is breach of an agreement that already exists; perbuatan melawan hukum (PMH, tort — Article 1365) is used when harm arises without any prior agreement. For a debt born of a deal, the correct basis is wanprestasi. It takes four forms: not performing at all; performing, but not as agreed; performing, but late; or doing something the contract forbids.
Mandatory Mediation Before Judgment
A case is not decided right after the lawsuit is filed. Supreme Court Regulation (Perma) No. 1 of 2016 on Court Mediation Procedure requires every civil case to go through mediasi first; if the stage is skipped, the judgment can be void by operation of law. At the first hearing, with both parties present, the judge explains the procedure and the parties choose a mediator; the Purbalingga District Court (Pengadilan Negeri Purbalingga) provides this service. Mediation opens a faster settlement — an installment plan, say — that, if reached, is recorded in a settlement deed (akta perdamaian) carrying the force of a judgment; if it fails, the case moves to the merits.
The Breach-of-Contract Lawsuit and Damages
If the somasi and mediation produce no payment, the creditor files a gugatan wanprestasi. Article 1243 of the KUH Perdata is the basis for claiming damages: reimbursement of costs, losses, and interest becomes payable only after the debtor has been declared in default and still fails to perform, so the somasi must be sent first. The suit is filed with the District Court where the defendant is domiciled (actor sequitur forum rei), claiming the principal and damages, and, where needed, a sita jaminan (provisional attachment) so the debtor cannot dispose of assets while the case runs. Court costs and the components of damages differ from case to case and court to court; do not compute them yourself from figures circulating online.
For a clear claim up to Rp500 million, there is a faster alternative: the gugatan sederhana (simplified lawsuit) under Perma No. 4 of 2019 — heard by a single judge, requiring the parties to be domiciled within the same court’s jurisdiction, and excluding land-rights disputes. The regulation caps it at 25 days from the first hearing — a regulatory ceiling, not a guaranteed duration.
Eksekusi: When You Have Won but Are Still Not Paid
The stage most often overlooked is eksekusi — enforcement: winning does not mean the money arrives. Enforcement can only proceed once the judgment is inkracht (final and binding — no appeal or cassation remains) and the losing party still will not pay voluntarily. The sequence:
- The creditor files an enforcement request with the Head of the District Court that decided the case.
- Aanmaning (a formal warning) — the Head of the Court summons the losing party to comply within a set period (commonly 8 days).
- Sita eksekusi (execution seizure) — if the warning is ignored, the court seizes the losing party’s assets.
- Lelang (public auction) — the seized assets are sold at public auction through the state auction office, and the proceeds pay the debt.
Practical Steps in Purbalingga
- Gather the evidence: the contract, invoices, receipts, transfer proofs, and your collection history.
- Send a written somasi with a clear deadline; keep proof of delivery.
- If it is still not paid, review the file with an advocate to choose the route: a simplified lawsuit or an ordinary breach-of-contract suit.
- File the suit with the Purbalingga District Court if the debtor is domiciled in its jurisdiction; for a debtor elsewhere, file where they reside.
- Attend the mandatory mediation at the first hearing to seek a payment agreement.
- If you win and the judgment is inkracht but the debtor still will not pay, file an enforcement request with the Head of the Purbalingga District Court.
In Closing
Collecting a debt through the courts is an orderly chain: the somasi as proof of warning, mandatory mediation as a chance to settle, the gugatan wanprestasi as a judgment, and eksekusi as the way to compel payment. Skipping a single stage — especially the demand letter at the start or enforcement at the end — often leaves a valid debt unpaid, and choosing the right basis (breach of contract, not tort) from the outset shapes how quickly your case ends.
If you are facing an unpaid debt in Purbalingga, Banjarnegara, Purwokerto, Banyumas, or Cilacap — do not wait until the evidence trail fades. Advokat Luthfi is ready to help you draft the demand letter, file the lawsuit, and see the judgment through to enforcement. Your first consultation is free.