Court Of Lawsuit Against Gudang Garam Boss Entering Mediation Stage, OCBC NISP Opens Peace Opportunities

Illustration (Photo: Doc. Antara)

JAKARTA - The trial of Bank OCBC NISP's civil lawsuit against Gudang Garam boss Susilo Wonowidjojo began to enter the first mediation stage.

This trial is related to bad credit cases worth Rp232 billion.

OCBC NISP's attorney, Hasbi Setiawan said, his party through this mediation stage opens up opportunities for peace if the defendants submit peace offers in writing.

"In this first mediation stage, we from Bank OCBC NISP opened a space for negotiations or peace space for the defendants, especially Susilo Wonowidjojo as the main defendant to bid for peace on PT Hair Star Indonesia (HSI) bad credit," Hasbi said in a statement to the media, Wednesday, March 29.

At this stage, he said, both parties could discuss the good faith of Susilo Wonowidjojo to make peace so that this case can be resolved immediately.

In the first mediation led by the Mediator, RA Didi Ismiatun, Sidoarjo District Court Judge, the main defendant Susilo Wonowidjojo was not present and was only represented by his attorney, as were the other defendants.

Thus, mediator Didi Ismiatun decided to postpone mediation until next week, Wednesday, April 5, 2023, with the agenda of providing his peace resume from the plaintiffs and defendants.

To the plaintiff, he was asked to compile a resummation that recounted the case at a glance and his peace proposal. The defendant must also prepare a resummation of his proposal. Based on Perma No. 1 of 2016 Concerning Mediation, the mediator asked the defendants to immediately present the principal even if only once, not only represented by their attorneys. Because the defendants have not been able to present the principle, the mediation will continue on Wednesday, April 5, 2023," said Mediator Didi Ismiatun.

In its civil lawsuit, Bank OCBC NISP asked the panel of judges to punish the defendants for causing bad credit with their personal assets in the form of material losses of 16.50 million US dollars or Rp232 billion and immaterials worth Rp1 trillion.

The parties sued by Bank OCBC NISP are: Susilo Wonowidjojo (defendant 1), PT. Mahardika Utama Day (HMU) (defendant 2), PT Surya Multi Flora (suspected 3), Hadi Kristanto Niti Santoso (suspected 4), Dra Linda Nitisantoso (suspected 5), Lianawati Setyo (suspected 6), Norman Sartono MA (sustained 7), Heroik Jakub (suspected 8), Tjandra Hartono (suspected 9), Daniel Widjaja (defendant 10) and Sundoro Niti Santoso (suspected 11) and PT. HSI (subsequently Defendant 1) and Ida Mustika SH (in line 2).

Just so you know, Susilo Wonowidjojo, one of the richest Indonesians according to Forbes magazine, is the controlling shareholder of PT HSI through PT Hari Mahardika Utama (HMU) before PT HSI was bankrupt controversially in September 2021.

PT HSI, a hair maker from Sidoarjo, has bad credit at Bank OCBC NISP worth IDR 232 billion.

Hasbi added that Susilo as defendant 1 must be responsible for the losses suffered by Bank OCBC NISP due to the transfer of PT HMU's shares to Hadi Kristanto Niti Santoso (defendant 4) without approval from Bank OCBC NISP.

Susilo's existence as the owner of HMU who also controls HSI is one of the bank's considerations when giving credit in 2016, and continuing to extend until 2021.

"The credit agreement also firmly states that any changes that occur to debtors (HSI), including share ownership, must obtain creditors' approval. But all agreements were violated, even HMU released its shares in HSI just a month before PKPU," said Hasbi.

PT HSI's bad credit case, he continued, a company whose shares were once owned by Conglomerate Susilo Wonowidjojo through PT HMU turned out to involve many national banks. Based on a copy of the decision of the Surabaya Commercial Court No.57/Pdt.Sus-PKPU/2021/PN.Niaga.Sby dated September 27, 2021, there were 7 banks that were victims, namely Bank BTPN, Bank CTBC, Bank DBS Indonesia, Bank ICBC Indonesia, Bank Mega, Bank OCBC NISP, and Bank Permata. The total bad credit in these 7 banks is around IDR 1 trillion.

Meanwhile, PT HMU's attorney, Agus Sujatmoko, said that the plaintiff's efforts by involving Susilo Wonowidjojo in the PT HSI bad credit case were not appropriate, considering that Susilo did not act as a commissioner.

However, Agus confirmed, Susilo Wonowidjojo is the holder of 50 percent of HSI's shares through PT HMU.

PT HMU is a company owned by Susilo Wonowidjojo.

"Mr. Susilo does not know anything about PT HSI's bankruptcy, the issue of the transfer of shares also does not require shareholder approval. Regarding credit with Bank OCBC NISP does not know anything," said Agus.

Responding to this, Hasbi said that the defendant's party could legally deny that Susilo Wonowidjojo was not involved in this bad credit.

"We will follow this legal process, later the court will judge and determine the truth," concluded Hasbi.