Chaotic CLM Stock, It's Thought As Violating Professional Code Of Ethics

Illustration. (Photo: Pixabay)

JAKARTA - In the hostile take-over practice that occurred at PT Citra Lampia Mandiri (CLM), there was a role of a notary named Oktaviana Kusuma Anggraini in changing the deed used by Zainal Abidinsyah Siregar's camp as legitimacy to seize mining land and control the company.

For this behavior, the Regional Notary Supervisory Board for the South Jakarta Administrative City has stated that Notary Oktaviana violated the code of ethics for the office of a notary and recommended for guidance.

Notary Oktaviana is a notary who made deed Number 06 dated 24 August 2022 which changed PT APMR's data in the form of transferring 195 shares owned by Thomas Azali to become wholly owned by PT Aserra Mineralindo Investama (PT AMI). As well as making deed Number 06 dated September 13, 2022, which changed the company's address and inflated PT AMI shares from 200 shares to 1,000 shares.

The amendment to the Articles of Association was then reported by Notary Oktaviana to the Director General of AHU-Kemenkumham RI and received by letter No. AH-AH.01.09-0054341 dated 13 September 2022 and is the 13th change in the Legal Administration System (SABH)-AHU of the Indonesian Ministry of Law and Human Rights.

In fact, as disclosed by Thomas Azali, as a shareholder he has never given power of attorney, attended a GMS and/or accepted an invitation to a GMS, attended and signed the minutes of the deed before the notary Oktaviana. What's more, he has also never signed a purchase/receipt of transfer document and/or the power of attorney to purchase/receive the transfer of shares to the principal from PT Aserra Mineralindo Investama (PT AMI).

Regarding this incident, Thomas actually wrote a letter to the notary Oktaviana to obtain/request a second copy of the deed. Because in accordance with the provisions stipulated in Article 54 of the Notary Office Law, where the authorizing agent as a party directly related to the deed drawn up by the notary has the right to obtain copies of the deed and other documents that form the basis for making the deed.

However, the notary Oktaviana refused on the grounds that she needed the permission of the director of the company. Thomas himself received information about changes to the company's data after accessing the Legal Entity Administration System (SABH) from the Director General of AHU-Kemenkumham RI website.

Oktaviana is reported to the Notary Supervisory Board

Thomas then reported Oktaviana, as a South Jakarta Administrative City Notary to the Regional Notary Supervisory Council on September 26, 2022. Through this report, Thomas as the legal shareholder of PT APMR complained about the transfer of their share ownership to irresponsible parties.

Thomas charged Oktaviana with being seen as careless and careless in making Deeds number 06 dated 24 August 2022 and 13 September 2022, based on BANI Decision Np.43006/I/ARB-BANI/2020 dated 24 May 2021 and the District Court's stipulation. No.49/Eks.Arb/2021/PN.Jkt.Sel. Moreover, in the deed dated September 13, 2022, Oktaviana had increased PT AMI's shares by 500 percent, bringing the number to 1,000 shares from the initial total of only 200 shares.

"The reported party made the deed to carry out BANI's decision, but was not careful and did not pay attention to the maximum percentage of shares decided at the point of BANI's decision. As a notary, Oktaviana did not necessarily make Deed Number 06, 24 August 2022, and 13 September 2022 if The Circular Shareholders' decision has no legal basis," said Thomas, in his statement, Tuesday, January 17.

Regarding this report, the South Jakarta Administrative City Notary Examining Council chaired by Amriyati Amin, SH, MM conducted an examination of both parties on November 7, 2022, and obtained several facts in court. Among other things, Oktaviana's unwillingness to meet with Thomas to discuss the matter even though she has been visited several times.

In addition, the request letter for a copy of the deed submitted by Thomas was also not granted on the grounds that Thomas was no longer the main director, through a removal that Thomas did not know about. In fact, even if he is no longer in the position of managing director, Thomas is still a shareholder even though there has been a delusion (decrease) in the percentage of their shares.

Not only suffered material losses through the transfer of shares which was called irresponsible, but the Examining Council also found the fact that in the field, PT AMI also carried out intimidation in the project area, while the complainant was still a shareholder of PT APMR.

Oktaviana violated the notary's code of ethics

Taking into account the results of the examination and the facts obtained in the trial, both against the reporter (Thomas Azali) and the reported (notary Oktaviana), the Examining Panel is of the opinion that notary Oktaviana has acted imprudently in accepting the deed of a statement of Shareholders' Decisions whose contents could detrimental to either party.

Apart from that, Notary Oktaviana is also suspected of being in favor of one of them, so she simply carried out the request for deed No. 06 dated 24 August 2022 and 13 September 2022 which resulted in huge losses for the other party. Whereas as a public official, according to the Examining Council, a notary is obliged to be neutral and impartial even though the application for making a deed is submitted by another party.

The assembly also regretted the notary Oktaviana's unwillingness to meet directly with Thomas to explain the basis for making the deed.

Based on the results of the examination, according to the authority of the Notary Examining Council in Law Number 2 of 2014, on November 17, 2022, the Regional Notary Supervisory Board for the South Jakarta Administrative City stated that Notary Oktaviana had violated the code of ethics for the position of a Notary. The violation occurred in article 3 number 4 namely in terms of behaving honestly, independently, impartially, trustworthy, thorough, full of responsibility, based on statutory regulations and the content of the oath of office of a notary.

For violating the code of ethics, the Regional Supervisory Board of the South Jakarta Administrative City Notary recommended that the notary Oktaviana need to receive guidance. Furthermore, the Regional Supervisory Council submitted a decision to the DKI Jakarta Regional Supervisory Council (MPW) to examine and decide.