The Supreme Court's Request For Cassation, Shareholders Of PT Krama Yudha Are Free From Allegations Of Debt & Bankruptcy

JAKARTA - The Supreme Court (MA) of the Republic of Indonesia has officially granted the appeal submitted by Rozita Binte Puteh and Ery Rizly bin Eka Rasja Putra Said as the heirs of the late Eka Rasja Putra Said, following the bankruptcy decision which was previously considered controversial. With the issuance of this decision, the heirs were declared free from bankruptcy status and free from debt charges.

This decision was recorded in case Number 1103 K/Pdt.Sus-Pailit/2024 and read out in a deliberation meeting of the Supreme Court Panel of Judges on Thursday, November 28, 2024. The panel of judges was led by Syamsul Ma'arif, SH, LLM, PhD, with members of Dr. H. Panji Widagdo, SH, MH, and Prof. Dr. H. Haswandi, SH, SE, MHUm, MM.

This dispute began in 2023 when Mohammad Arsjad Rasjid Prabu Mangkuningrat (aka Arsjad Rasjid), Said Perdana bin Abu Bakar Said, Indra P. Said, and Daud Kai Rizal submitted a request for Postponement of Debt Payment Obligations (PKPU) at the Central Jakarta Commercial Court. In May 2024, the court declared two heirs, namely Rozita Binte Puteh and Ery Rizly bin Eka Rasja Putra Said, in bankruptcy.

The Supreme Court through an cassation decision argued that the decision was wrong in implementing the law. In its consideration, the Supreme Court considered that the existence of the debt alleged by Arsjad Rasjid Cs was not proven simply, so that the PKPU application and bankruptcy statement should have been rejected.

The panel of judges also emphasized that Rozita Binte Puteh and Ery Rizly bin Eka Rasja Putra Said were not the parties who signed Deed No. 78 and they did not even know the contents or whereabouts of the agreement, so there was no direct legal relationship that tied them up to pay off disputed debts.

Furthermore, the Court stated that the agreement in Deed Number 78 requires certain conditions, namely as long as the late Sjarboebie Said was still an active shareholder in PT Krama Yudha, while the person concerned had died since 2001. According to the Supreme Court, the assessment of the fulfillment of these conditions resulted in the alleged debt being not simple.

With this decision, the Supreme Court decided to grant an appeal request for Rozita Binte Puteh and Ery Rizly bin Eka Rasja Putra Said and to cancel the bankruptcy decision issued by the Central Jakarta Commercial Court.

Through the attorneys of Damianus Renjaan, Rozita and Ery Rizly welcomed this decision and stated that this decision was a victory of justice which at the same time restored the good name of the late Eka Rasja Putra Said because it was proven that he did not have a debt to Arsjad Rasjid and related parties.

"The decision of the Supreme Court is proof that the late Eka Rasja Putra Said does not have a debt to anyone so that the name of the deceased can be recovered. Mrs. Rozita and Mr. Ery always emphasize that the deceased is a generous figure to anyone, including to their employees. What is regrettable is that the accusation of debt by Arsjad Rasjid cs was proposed after the deceased's death, while during his lifetime this was never the case. It was very interesting that this accusation of debt was imposed on the mother and child as an heir who did not know at all about the deed 78, but thank God justice can be confirmed by the Supreme Court. The deceased has died and it is impossible to defend himself but Allah SWT still loves and protects Mrs. Rozita and Mr. Ery. This is an expression of gratitude that is always granted by this mother and child," said Damianus representing his client in a written statement received by VOI on Sunday, May 11.

He also emphasized the importance of law enforcement in bankruptcy cases in Indonesia so that in the future there will be no more abuse of the legal process.

"This kind of case has injured the dignity of the law and the face of the judiciary, but the Supreme Court is present as light in the dark space which brings complete legal certainty and justice," concludeddamianus.

Meanwhile, VOI editorial team has tried to contact Arsjad Rasjid via text message to respond to the matter. However, Arsjad Rasjid until this news was published, had not responded.