This New Zealand-based Contractor Is Ready To Face BCK At The Cassation Level

JAKARTA - A construction company from New Zealand, H Infrastructure Limited (HIL) has confirmed that it will pursue an appeal, after the Commercial Court at the Central Jakarta District Court rejected the request for a bankruptcy statement to PT Bangun Cipta Kontaktor (BCK).

The attorney for the H Infrastructure Limited Representative Office, Albert H Limbong, revealed that at the hearing on Thursday, January 9, the Commercial Court Judges at the Central Jakarta District Court rejected the request for a bankruptcy statement filed by HIL to BCK.

"Today's trial results from the Commercial Court at the Central Jakarta District Court rejected our request for bankruptcy. However, we do not stop here. We will continue to pursue cassation lawsuits," said Albert in a statement received on Friday, January 10.

He said that the plan to file a cassation in this case was based on the belief that BCK had a debt to HIL as stated in the application for a bankruptcy statement to BCK.

"In fact, BCK's debt does exist, but the court stated that our application was completely rejected. We will make an appeal," he said.

However, Albert said, the trial chaired by Chief Judge Abdul Kohar and accompanied by Member Judges, Makmur and John Tony Hutauruk seemed odd and did not meet trial ethics.

"Before the verdict, we were asked to wait in the Sarwata Room courtroom, but unilaterally our request was decided in the Sujono Room," said Albert.

In fact, continued Albert, the Case Tracing Information System (SIPP) of the Central Jakarta District Court stated that the agenda for the decision for the BCK bankruptcy statement was in the Sarwata Room.

"We are considered not present at the trial, even though we are waiting in the Sarwata Room at the request of the Registrar (Substitute)," he said.

The Panel of Judges stated that an appropriate summon had been made to the attorneys of HIL and BCK. "The attorneys from both parties were present in court. However, it was stated by the judge that the verdict had been read and decided without our presence," Albert explained.

Furthermore, Albert admitted that HIL remains optimistic to continue the trial to the cassation level with the evidence that has been collected, even new evidence will be submitted at the cassation trial.

"We will reveal other matters related to BCK's debt and we will register an appeal at least eight days from the verdict," he added.