KY and MA Asked to Monitor the Appeal of MNC Asia Vs CMNP

Attorney for PT MNC Asia Holding, Munarman

JAKARTA - The lawyer for PT MNC Asia Holding, Munarman, asked the Judicial Commission (KY) and the Supreme Court (MA) to supervise the appeal hearing for the dispute over the sale and purchase of Negotiable Certificate of Deposit (NCD) between MNC Asia and PT Citra Marga Nusaphala Persada Tbk (CMNP). The trial is ongoing at the DKI Jakarta High Court.

"We are proposing that the appeal process be supervised by the KY and by the Supervisory Agency of the Supreme Court so that unprofessionalism does not recur to high judges," Munarman told reporters, quoted on Thursday, July 16.

Munarman said his party found a number of things that were considered strange during the first trial. One of them was related to the announcement of the verdict by the structural official of the Central Jakarta District Court before the copy of the verdict was received by the parties to the case.

In addition, he also highlighted the existence of parties who had died but were still burdened by the law in the verdict of the panel of judges. According to him, this condition shows the less carefulness of the panel of judges in examining the case.

"The person who has died is no longer burdened by any legal rights, whether criminal or civil, but by the panel of judges they are still burdened by the obligations resulting from the decisions they make," he said.

Munarman also questioned the use of the testimony of the party who was referred to as the beneficiary and shareholder of CMNP as a consideration for the judge. According to him, the party has a relationship with the corporation so that his testimony should not be the basis for consideration in the case.

Not only that, he assessed that the first-instance panel of judges had included criminal elements in the civil case by using the word "fraud" in its decision.

"Fraud must first go through the criminal justice process, not be decided in a civil case between CMNP and MNC," he said.

Therefore, Munarman hopes that the panel of judges at the appeal level will examine the case objectively and only focus on the legal aspect that is the crux of the dispute.

"We certainly hope that the appeal process will be a fair trial. We really hope that the court will look at the civil aspect, the civil aspect," he concluded.