Friday, 18 September 2026
LANGKAT | INDATANEWS.COM - The Binjai Branch of financing company PT Sinar Mitra Sepadan (SMS Finance) in North Sumatra has taken legal action by reporting a debtor identified by the initials Albert S to the Criminal Investigation Unit of the Langkat Police. The report concerns the alleged transfer of a truck that remains bound as an object of fiduciary security under a financing agreement with the company.
The company believes that the vehicle serving as collateral is no longer in the debtor's possession and may have been transferred to another party. This situation prompted SMS Finance to bring the matter into the legal process after several attempts to resolve the dispute through an amicable and persuasive approach failed to produce clarification.PT SMS Finance's Binjai Branch was represented in filing the report by its Branch Head, Sarah Situmeang. She was accompanied by the legal team from KARA Lawyers & Rekan, led by Rion Arios. The law firm is based at Jalan Yos Sudarso Number 65B, Glugur Kota, Medan Barat District, Medan.
Managing Partner of KARA Lawyers & Rekan, Rion Arios, S.H., M.H., said his law firm was accompanying Sarah Situmeang, in her capacity as Head of the Binjai Branch, in taking legal action on behalf of PT SMS Finance.Rion made the statement to journalists after accompanying the SMS Finance representative in filing a police report against the debtor, who is suspected of having transferred the fiduciary collateral. The report was filed on September 16, 2026, at the Integrated Police Service Center of the Langkat Police.
Rion explained that SMS Finance did not immediately report the matter to the police. Before filing the report, the company had taken various steps to resolve the issue through a persuasive approach.
These efforts included contacting the debtor, issuing warnings, and delivering a formal warning or legal demand letter. According to Rion, however, these measures had not provided clarity regarding the whereabouts of the vehicle that is the subject of the fiduciary security."The leasing party had made efforts to approach the debtor and had issued warnings and a legal demand letter. However, since 2025, the debtor has been unable to show the whereabouts of the truck that is the object of the fiduciary security," Rion said.
He said the situation subsequently became the basis for the company to initiate legal proceedings. The vehicle, which remains pledged as security under the financing agreement, is suspected of having been transferred without the debtor first fulfilling his obligations to the financing company.According to Rion, the whereabouts of the collateral constitute an important element of the financing relationship between the company and the debtor. If the location of the vehicle can no longer be established or the vehicle cannot be produced, the company must therefore make use of the available legal procedures.
Rion emphasized that his law firm would leave the subsequent process to investigators at the Langkat Police. KARA Lawyers and SMS Finance are prepared to provide documents and evidence relevant to the case if requested by investigators.
"After various efforts to resolve the matter had been made and based on the fact that the fiduciary collateral was no longer in the debtor's possession, SMS Finance, represented in this case by the Head of the Binjai Branch, Mrs. Sarah Situmeang, accompanied by KARA Lawyers, took legal action by reporting the matter to the Langkat Police," Rion said.The documents expected to support the further proceedings include the financing agreement, fiduciary security documents, as well as evidence of collection efforts previously undertaken by the company and copies of the legal demand letters that had been delivered.
"We respect the legal process being carried out by the police. All documents related to the financing agreement, fiduciary security, as well as evidence of collection efforts and legal demand letters will be submitted according to the investigators' needs," he said.Rion also emphasized that filing a police report was not the company's first option. SMS Finance had initially given the debtor an opportunity to resolve the matter through discussions and direct communication.
Rion explained that the company had pursued legal action after various persuasive efforts failed to establish the whereabouts of the vehicle serving as fiduciary collateral.
"In principle, we did not immediately take this matter into the criminal justice process. There was a process and efforts to resolve the matter that had been undertaken beforehand. Because the fiduciary collateral could not be found or its whereabouts could not be established, the company took legal action in accordance with the applicable regulations," he said.Following receipt of the report, police will examine and further investigate the reported circumstances. Investigators will examine, among other things, the details of the financing agreement, the status of the vehicle, the whereabouts of the fiduciary collateral, and the alleged transfer of the vehicle to another party.
The further examination is also expected to determine whether the reported circumstances contain elements of a criminal offense and which individuals, based on the findings of the investigation and subsequent investigative process, may potentially be held accountable.Through the report, SMS Finance hopes that the legal process will establish clarity regarding the whereabouts of the truck serving as the fiduciary collateral. Further handling of the case remains under the authority of the police and will proceed in accordance with applicable laws and regulations. (IDNC)
REPORTER: Ahmad Zulfikar | EDITOR: Fik Sagala
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