Surabaya · East Java · Indonesia

Tort Claim Against a Bank in Surabaya — Unlawful Act Litigation

A borrower who believes a bank caused loss through an unlawful enforcement step may consider a civil tort claim, known in Indonesia as Perbuatan Melawan Hukum (PMH). The key question is not simply whether the outcome felt unfair, but whether evidence links a specific unlawful act to measurable harm.

Request Private Consultation

Auction and execution law in East Java.

This page concerns claims against a bank for alleged misconduct connected with a loan or collateral enforcement, not a general challenge to every debt or auction. Examples may include acting on a security interest without a valid basis, misstating the account, disregarding a documented payment, or conduct during collection that exceeds the contract and applicable rules. Each allegation requires its own documents and factual chronology.

Before suing, a borrower should compare the facility agreement, security deed, account statements, notices, auction papers, and proof of payments. A claim may seek compensation or another civil remedy, but filing does not automatically suspend an auction or collection. Counsel assesses whether a separate interim request or negotiation is appropriate and whether the alleged loss can be proved.

When you need this service.

A bank proceeds with collateral enforcement despite documents showing the secured debt was paid or materially misstated.
The auction file appears to rely on notices or security documents that do not match the borrower or asset.
A payment, restructuring agreement, or settlement is not reflected in the bank’s balance used for enforcement.
Collection communications include conduct or statements that may breach contractual or legal duties.
You need to compare a proposed tort claim with a direct objection, complaint, or negotiated resolution.

Auction and execution framework in Indonesia.

Article 1365 of the Indonesian Civil Code (KUHPerdata) is the general basis commonly considered for a PMH claim. A claimant must establish the relevant unlawful conduct, fault, loss, and causal connection under the applicable legal analysis; the case turns on evidence, not labels. The Surabaya District Court (Pengadilan Negeri Surabaya) may be relevant depending on jurisdiction, parties, and the claim.

A bank dispute may also involve the Banking Law, contractual duties, and rules governing collateral. For a mortgage right (Hak Tanggungan), the deed, land certificate, notice trail, valuation material, and KPKNL (state auction office) record can matter. Do not assume every procedural irregularity proves tort liability, or that filing a damages claim itself stops execution.

Legal References

How we handle auction matters.

We map each alleged act against dated records, identify who made the decision, and distinguish contract disputes from independent unlawful-conduct allegations. The review includes the loan and security documents, repayment ledger, bank correspondence, notices, auction records, and evidence supporting each claimed loss.

We then compare litigation with internal complaint channels, a written demand, settlement discussions, or a procedural objection where an auction is pending. If litigation is considered, we prepare a fact-specific claim and evidence index for the competent court. The client decides after reviewing costs, evidentiary gaps, jurisdiction, and the risk that parallel enforcement continues.

Our Services

Evidence and conduct review

Build a chronology from the facility, security, payment, notice, and collection records; identify disputed acts and proof gaps.

Loss assessment

Organise receipts, account records, and other documents supporting claimed financial loss, without assuming a court will accept a particular valuation.

Pre-suit resolution

Prepare a focused complaint or demand and assess negotiation options alongside any active enforcement steps.

Civil claim representation

Prepare and present a PMH claim in the appropriate forum, subject to jurisdiction and the available evidence.

Frequently Asked Questions

What evidence should I gather for a claim against a bank?

Collect the signed loan and security documents, complete account statements, payment receipts, notices, emails or messages, auction documents, and a dated account of events. Preserve originals and identify witnesses; counsel can then test which records support each element and loss.

Does filing a tort claim stop an auction?

Not automatically. A claim for damages and an application to restrain a particular enforcement step are distinct issues, and interim relief depends on the facts and court assessment. Obtain advice promptly if an auction date is approaching.

Can a foreign company or guarantor bring a claim?

Potentially, but standing, the contracting entity, authority to act, service, and governing documents need review. A foreign party should preserve certified corporate records and consider Indonesian translation requirements.

What affects the cost of a bank tort dispute?

Fees depend on document volume, number of parties, valuation or accounting evidence, urgency, hearings, and whether appeals or related proceedings arise. Request a scoped engagement after counsel reviews the record.

Where would the case be heard?

The competent court depends on the parties, claim, contract terms, and procedural rules. Pengadilan Negeri Surabaya may be considered for a dispute with a proper Surabaya connection, but venue should be checked before filing.

Request a consultation.

Describe your legal needs. A senior partner will respond within one business day.

info@integralaw.id

Jl. Juwono No.7-8, Darmo, Kec. Wonokromo, Surabaya