Harry Tanoe's Camp Calls Criminal And Civil Claims CMNP Expired

Court illustration (pixabay)

JAKARTA - PT MNC Asia Holding Tbk emphasized that the criminal charges and civil lawsuits from PT Citra Marga Nusaphala Persada Tbk (CMNP) have passed or expired. This is because the transactions in question occurred 26 years ago and there have been decisions that have legal force, both from a civil and criminal perspective.

It is known, PT CMNP sued the founder and owner of the MNC Group Hary Iswanto Tanoesoedibjo alias Harry Tanoe to pay material compensation of Rp. 103 trillion and imateriel worth Rp. 16 trillion for Tanoe's unlawful act in exchange transactions to exchange Deposito Certificate of Deposit (NCD) worth a fraudulent 28 million United States (US) dollars in 1999. The lawsuit has also begun trial at the Central Jakarta District Court.

Director of Legal PT MNC Asia Holding Tbk Chris Taufik explained, what CMNP is trying to dispute is the transaction that occurred on May 12, 1999. The transaction, namely CMNP, has a Negotiatable Certificate of Deposit (NCD) issued by PT Bank Unibank (Unibank).

In the transaction, PT MNC Asia Holding Tbk acted only as a broker/intermediary according to the Company's business sector and since May 12, 1999, there has been no more involvement and/or any role from the Company.

"That after the transaction occurs, all forms of correspondence are carried out directly by CMNP with Unibank, including and not limited to confirmation from public accountants, confirmation of NCD records in Unibank and CMNP financial statements, as well as various other forms of confirmation which in principle state that NCD is legally issued by Unibank," said Chris Taufik in an official statement quoted Friday, August 15.

According to him, two years and five months after the date of the witness meeting or 7 months before the maturity date, on October 29, 2001, Unibank was dissolved/ liquidated, so that Unibank failed to pay against CMNP, which failed to pay Unibank, not the Company.

PT CMNP in 2004 tested the problem of NCD in a civil manner through the Central Jakarta District Court with case number 07/PDT.G/2004/PN.JKT.PST by suing Unibank, BPPN, Government of the Republic of Indonesia Cq Minister of Finance and Governor of Bank Indonesia.

The Civil Lawsuit has permanent legal force with the substance of the NCD decision being legal according to law.

In the criminal realm, CMNP has also made a criminal report through Police Report No: LP/497/VIII/2009/Bareskrim dated August 31, 2009 regarding criminal acts of fraud.

On October 19, 2011, the Criminal Investigation Unit of the National Police issued a notification letter to terminate the investigation or SP3 on the Police Report through letter number B/553/X/2011/Dit.Tipideksus.

The SP3 validity has also been tested through the lawsuit process against the law through the lawsuit No. 151/PDT.G/2011/PN.JKT.SEL dated November 24, 2011 which has permanent legal force through the Cassation decision No. 2174 K/Pdt/2013 dated December 9, 2013 with the decision to reject the Application for Cassation from the Petitioner so that SP3 remains valid.

He also emphasized that there has been no decision regarding this lawsuit. The lawsuit that has been touted is currently only limited to reading the lawsuit.

"The demands (victims and civil) should have passed time/expired because the events in question were 26 years ago, besides there have also been decisions that have permanent legal force," said Chris.