Legal Steps to Take If You Are a Victim of Fraud

Fraud is one of the most common criminal offenses affecting the public, ranging from online sales scams and bogus investment schemes to the misappropriation of funds. If you become a victim, it is important to take the right steps so that the legal process can move forward.

The Legal Basis for Fraud and Embezzlement

The two provisions most often invoked are:

• Pasal 378 KUHP (Article 378 of the Criminal Code) on Fraud — which applies to a person who, through deceit, a series of falsehoods, or a false identity, induces another to hand something over.
• Pasal 372 KUHP (Article 372) on Embezzlement — which applies to a person who unlawfully appropriates property belonging to another that came into their possession by lawful means.

Distinguishing between the two matters, because their elements differ. Fraud turns on deceit from the outset, whereas embezzlement turns on the abuse of trust over property already entrusted to the offender.

First Step: Gather Evidence

Before filing a report, strengthen your position by gathering as much evidence as possible:

1. Communication records — screenshots of chats, emails, or messages.
2. Transaction records — transfer receipts, invoices, or bank statements.
3. Agreements — contracts, notes, or written agreements.
4. The perpetrator's identity — name, bank account number, phone number, social media accounts.
5. Witnesses — people who know of or have experienced something similar.

The more complete the evidence, the stronger the basis for your report.

Second Step: Filing a Police Report

Once you have gathered your evidence, you can file a report with the police:

• Go to the Integrated Police Service Center (Sentra Pelayanan Kepolisian Terpadu / SPKT) at a police station.
• Present the chronology clearly and truthfully.
• Submit the evidence you have gathered.
• You will receive a Report Receipt (Surat Tanda Penerimaan Laporan / STPL) as proof that the report was filed.

Third Step: Following the Legal Process

Once the report is accepted, the investigator will carry out a preliminary inquiry and a formal investigation. You may be asked to give a statement as a victim-witness. At this stage, legal assistance helps ensure that your rights as a victim are upheld and that the process keeps moving.

The Civil Route as a Complement

In addition to the criminal route, a victim may also pursue a civil lawsuit to recover their losses. In many cases, a combination of criminal and civil strategies yields the most favorable result in restoring your rights.

The Lawyer's Role for Victims

Lawyers are not only for defendants. For a victim, a lawyer serves to:

• Draft a report that satisfies the elements of the offense.
• See the process through so that the report does not stall.
• Pursue avenues for recovering losses.

Conclusion

Being a victim of fraud is not the end of the road. With strong evidence and the right legal steps, you can fight for justice. Consult an advocate about your case so that the most effective legal strategy can be devised.