Legal Counsel: Shareholders In The 1997 SEA Games Consortium PT TIM Not Bambang Trihatmodjo, But Enggartiasto Lukita

JAKARTA - Bambang Trihatmodjo's attorney, Hardjuno Wiwoho, confirmed that his client does not own shares in the 1997 SEA Games XIX consortium company, PT Tata Insani Mukti (TIM). For this reason, according to him, asking Bambang Trihatmodjo to be responsible for the 1997 SEA Games bailout case is not appropriate.

This is because, according to the deed of Minutes of Meeting of PT TIM No.19 dated March 2, 1998, the shareholders of PT TIM as legal subjects of the 1997 SEA Games XIX SEA Games Private Consortium (KMP) in Jakarta are PT Perwira Swadayarana owned by Bambang Riyadi Soegomo and PT Surya Bina Agung belongs to Enggartiasto Lukita.

This Minutes of the PT TIM Meeting was prepared by a Notary in Jakarta, P Sutrisno A. Tampubolon, SH. This is in accordance with Notary Leo Hutabarat, SH, which has obtained ratification from the Minister of Justice of the Republic of Indonesia No. C2-9317 HT.01.01Th.93 dated 18 September 1993 and his last deed No.147 dated 21 June 1996 drawn up by and before notary Oriana Roosdilan, SH, in Jakarta.

This share ownership status is also strengthened by the Deed of Statement of Meeting Resolutions of PT. Insani Mukti No. 147 dated June 21, 1996, given as an additional copy by Notary & PPAT Mrs. Soehardjo Hadie Widyokusumo, SH, as the holder of notary protocol & PPAT Mrs Sumardilah OR, SH, dated July 20, 2020, regarding the composition of the Board of Commissioners and Board of Directors of the company.

"So, in deed No. 147, the shareholders in PT TIM are Mr. Bambang Yoga and Mr. Enggartiasto," said Hardjuno who was accompanied by Prisma Wardhana Sasmita, Rahmat Hijjir, and Affandi Affan to reporters in Jakarta, Wednesday, June 30.

Because of that, Hardjuno insisted, asking Bambang Trihatmodjo to be legally responsible in this case of misleading SEA Games funds. The reason is that the legal subject of the 1997 SEA Games KMP is PT TIM. This is reinforced in the deed of establishment and changes in shares.

"Once again, Mr. Bambang does not own shares in PT TIM. Notary deed (appointment of commissioners and composition of shares) regarding PT TIM's share ownership, in fact Mr. Bambang is only the main commissioner without shares," he said.

This is in accordance with Van Dading's decision at the South Jakarta District Court with Case Number 159/Pdt.G/2021/PN Jkt Sel, especially at Point 6, Point 7, Point 8, Point 9 and Point 10.

"In the decision, the Director of PT TIM, Bambang Riyadi Soegomo and/or also the shareholder of PT TIM and Enggartiasto Lukita," he explained.

Thus, it further confirms that Bambang Trihatmodjo does not own shares in PT TIM. This is according to the last deed that has a share position after the 1997 Sea Games ended in 1998.

"In this case, PT TIM took over to be responsible for what the state is currently collecting from Mr. Bambang Trihatmodjo personally," he explained.

Hardjuno emphasized that the proof of PT TIM's responsibility was seen in the MoU between KMP and KONI. This is even strengthened in the composition of the SEA Games committee.

"Everything is clear in the audit report. In the composition of the committee, there are the names of Mr. Bambang Yoga and Mr. Enggar," he said.

Therefore, he suggested that PT TIM implement the results of the South Jakarta District Court's decision. In its decision, the panel of judges asked PT TIM to be held accountable and reconciled.

"The summons for the PT Tim management meeting by the commissioner is based on the UUPT and the PN's decision," he concluded.

Hardjuno further explained that his client cannot be held accountable as an individual regarding his position as Chair of the 1997 SEA Games KMP. Because the institution that should be held accountable is PT TIM.

"The subject of the KMP is PT TIM. This is misunderstood. If there is a problem between the State Secretariat and the Consortium, where Mr. Bambang is the Chairman of the Consortium, then PT TIM is held accountable," he said.

Therefore, the imposition of legal responsibility on his clients is very unfair. Moreover, as Chair of the 1997 SEA Games KMP, his client has assigned the SEA Games to the Chief Executive, Bambang Riyadi Soegomo.

"Don't get the impression that all the SEA Games are in the hands of Bambang Trihatmodjo as the person in charge. What is certain is that the Head of the Consortium has given authority to the Daily Chair to hold the SEA Games," he explained.

According to Hardjuno, the cost of organizing the 1997 Sea Games was Rp. 70 billion, then on the way it continued to swell to Rp. 156 billion. In fact, the state still owes Rp. 86 billion for the 1997 SEA Games state event.

For the record, the 1997 SEA Games cost Rp. 156 billion. Meanwhile, the bailout from the reforestation fund was Rp. 35 billion.

"How come today you want to collect coins from non-state budget? It's strange. The 1997 SEA Games case has calmed down, how come it was suddenly dug up from the grave. Supposedly, there is a lack of funds that we must ask the government for, "he said.