PTPP Will Apply For Cassation On Makassar Commercial District Court Decision

Illustration. (Photo: Doc. Antara)

JAKARTA - PT PP (Persero) Tbk (PTPP) expressed objections to the decision of the Makassar Commercial Court Judges regarding the PKPU applicant's lawsuit with Register Number: 9/Pdt.SusPKPU/2023/PN.Niaga.Mks as submitted to the PKPU application at the Commercial Court at the Makassar District Court.

Previously, CV Surya Mas sued PTPP on December 9, 2022 at the Central Jakarta Commercial District Court with Case Number: 361/Pdt.Sus.PKPU/2022/PN.Niaga.Jkt.Pst. The lawsuit filed amounting to Rp3.1 billion. The trial verdict on this case was scheduled for January 25, 2023, but CV Surya Mas filed a lawsuit and was granted by the Panel of Judges at the Central Jakarta Commercial District Court on the same day before the trial was held.

On January 26, 2023, CV Surya Mas re-registered the same lawsuit as Case Number: 22/Pdt.Sus-PKPU/2023/PN Niaga Jkt.Pst. On March 14, 2023, CV Surya Mas again withdrew the lawsuit at the Central Jakarta Commercial District Court. With this incident, PTPP felt aggrieved both material and immaterial and filed a lawsuit against CV Surya Mas on March 10, 2023 & May 11, 2023 at the Makassar District Court which is still running in court.

On July 13, 2023, CV Surya Mas again filed a PKPU but this time at the Makassar Commercial District Court. The decision was handed down by the Makassar Commercial Court Panel of Judges on August 29, 2023, but there were several legal anomalies in which it became the basis for the objection response from PTPP, namely that the first is domically the Company is in East Jakarta, but the PKPU application was submitted at the Makassar Commercial Court.

The second reason is that the value requested does not have a basis and explanation because the value submitted is a fine and interest which is calculated unilaterally, not the principal of the debt, which should not meet the requirements for a decision. Third, the collection rights of the applicant should have been transferred to other creditors, because CV Surya Mas has transferred collection rights to his creditors (Bank).

In addition, based on a copy of the verdict, 1 of the 3 Court Judges stated that differences of opinion in the verdict (dissenting opinion), where the Assembly Member Judge stated that the PKPU application should be rejected which caused the decision from the Makassar commercial court to not be reached unanimous decision.

PTPP Corporate Secretary Bakhtiyar Efendi said that until now PTPP has a standing position that has completed all its obligations to CV Surya Mas and always follows the applicable legal rules from CV Surya Mas filing previous lawsuits to date.

"As a law-abiding company, PTPP will use its right to appeal in accordance with the laws and regulations in force in the territory of the Republic of Indonesia. The Company's liquidity is still able to compare the decision value," he said in a written statement, Friday, September 1.