Against The NTT Provincial Government In Kupang District Court, Judge Kabulkan Parts Of This Company's Lawsuit

UNSPLASH ILLUSTRATION

JAKARTA - The Panel of Judges at the Kupang District Court decided to partially grant a civil lawsuit filed by PT Sarana Investama Manggabar (PT SIM) against the NTT Provincial Government and PT Flobamor. They sued the cooperation of Bangunan Guna Serah (BGS) for the construction of tourist facilities and management of Pede Beach, West Manggarai.

This lawsuit is registered as a Civil Case Number: 302/PDT.G/2022/PN.KPG. In its decision, the judge sentenced the NTT Government and PT Flobamor to return PT SIM as a working partner in accordance with Cooperation Agreement Number HK. 530 of 2014 - No. 04/SIM/Managing Director/V/14.

OrderED DEFENDANT I AND DEFENDANT II for the time being not to divert, impose and/or hand over to other parties the object of a cooperation agreement in the form of land and buildings on it as referred to: Cooperation Agreement No. HK. 530 2014 - No. 04/ SIM/Director/ V/ 14 concerning Hotel Construction and Other Supporting Facilities on Land of the East Nusa Tenggara Provincial Government in Gorontalo Village, Komodo District, West Manggarai Regency, East Nusa Tenggara Province dated 23 May 2014, as quoted from the excerpt of the verdict read out by the Panel of Judges, Tuesday, November 14.

This decision was responded to by PT SIM's lawyer, Khresna Guntarto, who said that the NTT Provincial Government who fired and expelled the company as a partner was an unlawful act. Likewise with the appointment of PT Flobamor as a partner in the utilization cooperation (KSP) of the former Plago Hotel building that has been built.

"The unilateral dismissal and expulsion of PT SIM, then there was the appointment of PT Flobamor as a substitute KSP partner, namely facts that have occurred and cannot be denied which resulted in losses for PT SIM," said Khresna in response to the Kupang District Court's decision.

"The fact should not be ignored as if there has never been the dismissal and expulsion of PT SIM. In fact, there is a Decree of Governor Viktor Laiskodat who appointed PT Flobamor as a KSP partner to replace PT SIM," he continued.

In the future, Khresna also hopes that this decision will affect the handling of alleged corruption that ensnared PT SIM and its business partner PT Sarana Wisata Internusa (PT SWI), which has named three suspects who were taken care of by the NTT High Prosecutor's Office. This is because the issue of cooperation is not a criminal realm but persata.

"The judge's decision confirms that there is nothing wrong with a civil agreement that has been agreed, including the content and substance, such as the assessment of the contribution. Moreover, PT SIM has been proven to have built a hotel building worth approximately Rp. 25 billion and has been taken against the law by the NTT Provincial Government," he said.

Moreover, the claim of the NTT Prosecutor's Office together with the NTT BPKP and the Provincial Government Appraisal from BPAD NTT which stated that the state loss of Rp. 8.5 billion was considered by Khresna to be misleading. The reason is that the calculation is the source of the BPAD Provincial Government Value of NTT 2022 which

At that time, the Governor of NTT Viktor Laiskodat who determined the value of the contribution should be Rp. 1.5 billion per year. "This calculation is biased by interests, because the NTT BPKP auditors should conduct their own assessments and calculations. How is it possible to use data from BPAD NTT in 2022," he said.

"In fact, BPAD was also an institution that issued an assessment of the contribution to PKS on May 23, 2014. Then, changed by the Governor, the data from BPAD always changed its assessment in 2019, 2020 and finally 2022," continued Khresna.

Khresna suspects that there is a conflict of interest between the NTT Provincial Government, the NTT Prosecutor's Office and the NTT BPKP in criminalizing PT SIM and PT SWI. The legal process that ensnared the company was considered arbitrary and tended to be forced.

"That the criminalization of PT. SIM and PT. SWI related to the collaboration between BGS The Utilization of Regional Assets for NTT Province at Pede Beach is a bad precedent for the investment climate in Indonesia. In fact, the Indonesian government under the auspices of President Jokowi has mandated that investors be given legal certainty guarantees in doing business," concluded Khresna.