JAKARTA – Legal Bank of India Indonesia (BOII) which has always stated that there has been a Civil decision on a Banking Criminal case in the case of a Legally Defective Execution Auction conducted by a former employee has drawn controversy.
The reason is that until now, there has been no clear civil decision regarding the decision to grant or refuse in the settlement of the case between PT RK and Bank BOII regarding the case of the Legally Defective Execution Auction at the Denpasar-Bali District Court.
Lawyers for PT Ratu Kharisma (PT RK), Jacob Antolin, S.H, M.H, M.M, appealed to BOII, Chotib to speak legally based on legal facts regarding the case of the Execution Auction which was with Legal Defects which caused harm to his client. Moreover, Chotib, as Legal at BOII Bank, only started working in 2018. Jacob suggested Chotib should follow the process of this case from the beginning, namely in 2011.
Furthermore, Jacob said, the case that harmed PT RK occurred long before Chotib worked at BOII Bank. Even the old law, Bank Swadesi/Bank BOII, was dragged into it and the Police have designated them as potential suspects, said Jacob in a press release sent to Whats app by Editorial Indonesia Weekly Monday morning, recently.
Chotib’s statement in various media that said there had been a civil decision and then said Bank BOII, not related to Ningsih Suciati’s verdict, was misleading and was a form of Bank BOII’s responsibility for the loss of its customers.
Moreover, the suspect works for the company’s name and not on his personal behalf. The Supreme Court’s (MA) criminal verdict against Ningsih Suciati (former President Director of PT BOII), is deemed to have violated Article 49 paragraph (2) Letter b of the Banking Law.
“Until now, there has been no civil decision regarding the Legally Defective Execution Auction, there has been not clear decision, namely the decision of the civil court that grants or rejects the case between PT RK and Bank BOII in the case of the execution auction of land and buildings in Rita’s name. The KK/PT RK with legal defects are both in the Denpasar-Bali District Court and in Jakarta,” explained Jacob.
In fact, he said that there was only the decision of the Supreme Court of the Republic of Indonesia No. 1935 K/PID.SUS/2021 in its decision “accepts” the request for Cassation from the Public Prosecutor (JPU) the Attorney General of the Republic of Indonesia and a decision that has permanent legal force (incracht van gewijsde).
Based on these legal facts, it automatically annuls the decision of the Central Jakarta District Court in Criminal Case No. 469/Pid. Sus/2020/PN Jkt Pst in the Banking Crime Case, experienced by the “Victim” on behalf of Rita K.K. Pridhnani/ PT Ratu Kharisma (Rita KK/PT RK) in the case of Police Report No. Pol. : LP/233/VI/2011/Bali/Directorate of Crime, June 25, 2011.
“So there is a Criminal Decision against former employees of Bank Swadesi / BOII,” Jacob firmly reminded Legal Bank BOII.
Every cassation decision in the Supreme Court is basically final. Because, the consequences of this decision defeat the previous court’s decision. “For example, defeating the decision of the high court and the district courts under it, added Jacob.
Furthermore, Jacob said, the BOII Bank party must be responsible for the injustice that befell PT RK. Because the Bank has full authority in supervising the workers so that mistakes made by their employees against customers are of course the responsibility of Bank BOII as well.
“If we analyze the legal statements of Bank BOII in several mass media, it seems that they want to get rid of the responsibility for the evil actions of their employees,” said Jacob.
The well-known lawyer hopes that the investigators of Economic and Special Crimes, the Criminal Investigation Agency of the Indonesian National Police, will immediately carry out their discretion. So that the truth of this case, will soon be revealed. Moreover, from the beginning this case was suspected to be full of engineering from many elements.
The Economic and Special Crime Investigator at the National Police Criminal Investigation, Agency Cq Head of the Banking Sub-Directorate has also named 20 more suspects from the BOII consisting of the board of commissioners, board of directors, officials, leaders and employees of Bank Swadesi/BOII. In addition, Jacob, the Obudsman, must immediately issue a recommendation on this case. As the letter sent by PT RK recently.
Jacob, who has overseen this case for +/- 11th years, said that the Bank Swadesi/BOII jointly or collectively in the credit committee was proven to have committed a banking crime, which had harmed his client both materially and immaterially.
At this time, added Jacob, the investigator at the National Police Headquarters, to immediately prepare the case files to be transferred to the Public Prosecutor of the Attorney General’s Office of the Republic of Indonesia. “We are waiting for the decision of the National Police Headquarters, especially the investigators of economic and special crimes, the National Police Criminal Investigation Agency Cq Head of the Banking Sub-Directorate led by the Dirtipideksus Polrl Headquarters to carry out its discretion,” added Jacob.
From the start, Jacob said, the Bank did not want to work together to find a solution with the debtor in the case experienced by PT RK. In addition to conducting an execution auction without an independent appraisal process, the loan restructuring application was flatly rejected by the BOII bank.
In fact, according to Jacob, PT RK , has sent five letters asking for restructuring of its credit. However, Bank BOII managers have always refused and ignored it. Another oddity,
Jacob said,” was when Bank BOII, with various efforts to quickly get the object of credit collateral, Rita KK/PT RK, could be auctioned as soon as possible.”
No wonder the auction limit value is not fair and the price is below the market.
According to Jacob,” the auction price for the villa, which is very strategically located, is allegedly being reduced by creditors, while the owner still owes money or is still billed for credit.”
Another oddity, said Jacob, is that once the collateral has been auctioned off, the auction buyer immediately puts it back as collateral to get a credit loan that is multiples of the auction value or the purchase of the collateral. illegal,” he said.(GT)
