JAKARTA — The Surabaya Commercial District Court sentenced CV Kalimass Jaya Utama, a coal mining company owned by Vice Regent Wajo, to be elected in 2018.Bankruptcy application with case No. 8/Pdt.Sus-Pailit/2018/PN Niaga.SBY was submitted by PT Intan Baruprana Finance Tbk. and PT Intraco Penta Prima Servis.
Kalimass Jaya Utama’s attorney, Surya Batubara, said he respected the decision of the Panel of Judges to punish his client but he still objected to the decision and would make cassation efforts at the High Court level.
“We are disappointed that there are a number of points from us that are not considered by the Panel of Judges. First, based on the legal domicile of the first applicant should be tried in the North Jakarta District Court and the second applicant in central Jakarta PN,” Surya said by telephone, Tuesday (8/21/2018).
Another objection, added Surya, the case addressed to his client should be a default not a bankruptcy application. Because, he said, the legal relationship between his client and the company coded issuer IBFN and Intraco Penta Prima Servis was related to non-receivables agreements.
It is based, according to him, contained in the heavy equipment rental agreement between his client, IBFN and Intraco Penta Prima Servis in article 10.Furthermore, he explained, in article 15, if it does not pay off the debt payment then the IBFN can withdraw the unit of equipment rented.
“In the rental agreement rent the tool is usually if it is not able then they must [IBFN] withdraw the tool. We couldn’t [melunasi utang] afford it, by then we had sent a letter for the tools to be taken. None of us can stand in the way of taking those tools, but with pleasure,” he said.
Surya said, although Kalimass Jaya admitted to having debts and had paid even though it did not pay off, but his client objected if it was still considered not to carry out the obligation to pay the debt.
He reasoned, the applicant should understand the sluggish global coal market conditions that make the debt repayment process hampered.
“Of the 15 contract agreements, 9 agreements are paid off and the remaining 6 agreements. The problem in the 6 agreements by them is calculated interest debt, and we have paid Rp3.8 billion so we see there are irregularities and we will file a cassation, on Monday (27/8),”
In addition to cassation, Surya also made another legal defense by reporting the Surabaya PN Magistrate’s Court who handled the case to the Judicial Commission (KY) for refusing to settle disputes such as the agreement of the respondent and the applicant in PN North Jakarta instead of pn Surabaya.
Separately, the legal representative of Intan Baruprana Finance or IBFN and Intraco Penta Prima Servis Vychung Chongson expressed his appreciation for the decision of the Surabaya Commercial Court Judge Who granted the bankruptcy request from his client.
“Yes, because of our evidence proven by the Panel of judges that they [Kalimass Jaya Utama] have debts to us that are due and billable. The respondent in the answer admitted to having debts and had already paid but did not come to repayment,” Vychung said.
Vychung explained, this case started from a lease agreement to rent heavy equipment from his client to a coal mining company located in Banjarmasin (South Kalimantan).
The Director of Kalimass Jaya Utama is Amran, the 2018 elected Vice Regent from Wajo Regency (South Sulawesi) who is paired with Amran Mahmud as his regent. The couple dubbed Pammase garnered 130,035 or 57.95% of the vote.
He explained that IBFN applicants provide equipment facilities for rent worth Rp32.61 billion to respondents with maturity in April 2018. In the course of time, the respondent can only pay Rp3.8 billion of the total debt.
Meanwhile, Intraco Penta Prima Servis applicants provided loan facilities to purchase 3 excavator units and 2 heavy excavator units for a total of US$321,712.
As for the details, the principal debt of the purchase of the tools was US$109,911 and a fine of US$211,800 and the debt of parts payments reached Rp237.89 million.
Related to the exception and also objections from the Amran camp who requested the case to be conducted in the realm of the North Jakarta District Court, according to him, the legal process that took place in PN Surabaya is appropriate because the domicile of Kalimass Jaya is in Banjarmasin so it must be tried in PN Surabaya.
After this bankruptcy decision, said Vychung, the next task is held by the curatorial team that has been determined by PN Surabaya to comb the assets of Kalimass Jaya Utama and then the value of the assets after auction is given to the creditors according to the value of receivables bills
On another occasion, IBFN President Director Alexander Reyza said that he wanted customers to be cooperative with him so that there is trust from the public and banking to his side.
“For uncooperative customers, IBFN does not hesitate to use bankruptcy law, PKPU [Penundaan Kewajiban Pembayaran Utang] and courts to obtain its rights as creditors. The aim is to protect the interests of IBFN stakeholders and support the IBFN’s strategic plan and performance development,” he said. (Indonesian Business)