In late 2025, a European tech consultancy transferred $150,000 to a purported hardware supplier in Jakarta, only to realize they had fallen victim to a sophisticated Business Email Compromise (BEC) scam. The perpetrators were local, but the impact was global. For many foreign nationals (WNA) and foreign companies, the immediate reaction is a sense of helplessness due to jurisdictional and language barriers. However, with the 2026 activation of the Indonesia Anti-Scam Centre (IASC) and recent updates to cyber laws, the path to justice is more structured than ever before.
1. Immediate Action: The 24-Hour “Golden Window”
In the digital era, money moves in seconds. Your first priority is not a lawsuit, but asset freezing.
-
Bank Intervention: Immediately contact your local bank and the recipient bank in Indonesia. Under current OJK (Financial Services Authority) protocols, banks can temporarily freeze suspicious accounts if a report is made within the first 24-48 hours.
-
IASC Reporting: Utilize the Indonesia Anti-Scam Centre (IASC) portal. This is a 2026 integrated initiative between the police (Polri) and the banking sector designed to expedite the blocking of fraudulent accounts and digital wallets.
2. The Criminal Path: Reporting to Bareskrim Polri
To initiate a criminal investigation, you must file a formal Laporan Polisi (LP). For scams involving digital elements, this is handled by the Direktorat Tindak Pidana Siber (Dittipidsiber) at Bareskrim Polri.
-
Applicable Laws: Most scams are prosecuted under Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law (hereinafter referred to as the EIT Law) and Article 378 of the Criminal Code (hereinafter referred to as the KUHP) concerning Fraud.
-
The BAP Process: You will be required to provide a Berita Acara Pemeriksaan (Examination Report). For foreign victims, it is legally mandatory to have a certified Indonesian interpreter and highly recommended to have a legal representative to ensure the technical nuances of the scam are correctly documented.
-
Digital Evidence: Ensure you have high-resolution screenshots, transaction IDs, and “unaltered” email headers. Under the EIT Law, digital evidence must maintain its “integrity” to be admissible in an Indonesian court.
3. Strategic Expert Opinion: The Legalinfo Perspective
For foreign firms, a criminal report is often the “lever” needed for a civil recovery.
According to Gunawan Sembiring, S.H., Managing Partner Legalinfo Lawyers, many foreign victims wait too long for the police to “find the money.” He emphasizes that in 2026, a criminal report should be filed primarily to secure the perpetrator’s identity and freeze their assets. Once the identity is known, a Civil Tort Lawsuit (Perbuatan Melawan Hukum) should be filed in parallel to demand restitution. He notes that Legalinfo Lawyers often uses the “Police Report” as a pressure point to negotiate an out-of-court settlement, which is usually the fastest way to recover funds before they are dissipated.
4. The Civil Path: Asset Recovery and Restitution
Winning a criminal case puts the scammer in jail, but it doesn’t automatically return your money.
-
Civil Lawsuit (PMH): Under Article 1365 of the Indonesian Civil Code (hereinafter referred to as KUHPerdata), you can sue for damages resulting from an unlawful act.
-
Consolidation of Claims: If the perpetrator is being tried criminally, Article 98 of the KUHAP (Criminal Procedure Code) allows you to “merge” your claim for damages into the criminal trial. This is a cost-effective way to get a court-ordered restitution without starting a separate civil case.
-
Small Claims (Gugatan Sederhana): If your loss is below IDR 500 million, you can utilize the Small Claims Court, which offers a final judgment in just 25 days.
5. Mandatory Checklist for Foreign Victims
If you or your company has been scammed in Indonesia, follow this 2026 protocol:
-
Preserve the Trail: Do not delete chat logs or emails. Export them to PDF immediately.
-
Certified Translation: Any evidence in English or other foreign languages must be translated by a Sworn Translator (Penerjemah Tersumpah) to be admissible in an Indonesian court.
-
Liaise with your Embassy: Your embassy cannot act as your lawyer, but they can verify your identity to the police and provide a list of registered law firms.
-
File at the Correct Level: For major international scams, file directly at the National Police Headquarters (Mabes Polri) in Jakarta rather than local stations to access the Cyber Crime Unit’s advanced forensics.
-
Power of Attorney: If you are outside Indonesia, you can grant a Special Power of Attorney to a local lawyer to file the report and represent you, saving you the cost of international travel.
Conclusion
The landscape for scam recovery in Indonesia has improved with the 2026 integration of the IASC and Bareskrim. However, the burden of proof and procedural speed still rest on the victim’s ability to act quickly. For a foreign firm, the most effective strategy is a “hybrid approach” a fast criminal report to freeze assets, followed by a strategic civil demand for restitution.
