The Panel of Judges at the South Jakarta District Court handed down an interlocutory decision rejecting the absolute competency exception proposed by HITS as Defendant and stated that the South Jakarta District Court was authorized to try Case Number 116/2023. The interlocutory decision handed down by the Panel of Judges on September 12, 2023 also ordered Parbulk and HITS to continue the trial.
In its legal considerations, the Panel of Judges Number 116/2023 argues that the substance of Parbulk's lawsuit in Case Number 116/2023 is whether HITS has defaulted on the Handling Statement which was signed on December 11, 2007, and not regarding the PKPU Case 40/2012.
Furthermore, according to the legal considerations of the Panel of Judges in Case Number 116/2023, on October 12, 2012, the Panel of Judges for the PKPU Case 40/2012 through its decision has granted the PKPU request submitted by PT Jasmanindo Sapta Perkasa against HITS. However, Parbulk was never legally summoned, inappropriately and did not participate as a party in the PKPU case. Parbulk also did not participate in registering the bill in the PKPU case.
Therefore, the Panel of Judges is of the opinion that Case Number 116/2023 is a civil case, namely the default lawsuit filed by Parbulk against HITS to the South Jakarta District Court in order to implement the provisions of Article 436 Rv, namely so that a foreign court decision, in this case the British High Court Decision No. 58/2010 can be implemented in Indonesia. Thus, based on this decision, the South Jakarta District Court has the authority to hear Case Number 116/2023.
The Director of Parbulk, Christian Due, expressed his appreciation to the Panel of Judges of Case Number 116/2023 which has handed down this interim decision and hopes that this can be a positive precedent for the investment climate in Indonesia.
Parbulk's Response To HITS Information To The Indonesia Stock Exchange
Meanwhile, in letter No.154/DU-HIT/VIII/2023 dated August 14, 2023, to the Indonesia Stock Exchange (IDX) regarding Response to Requests for Explanation of News on Mass Media, HITS stated that they had acknowledged and submitted legal cases with Parbulk in the Financial Report of a Consolidated Audit for Fiscal Year 2022 dated April 19, 2023, while the first trial of Case 116/2023 has been taking place since February 13, 2023.
HITS has just reported and announced material information or facts regarding Case 116/2023 to the IDX in the Openness Report on August 14, 2023, which after six months had passed since the first trial of Case 116/2023.
All issuers or public companies are subject to the provisions of Article 2 paragraph (3) and Article 6 letter (p) of the Financial Services Authority Regulation Number 31/POJK.04/2015 concerning Disclosure of Information or Material Facts by Issuers or Public Companies (POJK 31/2015) which states as follows:
Article 2 paragraph (3) POJK 31/2015:
"The submission of reports and announcements as referred to in paragraph (1) is carried out as soon as possible at the end of the 2nd working day (second) after the existence of Material Information or Facts."
Article 6 letter (p) POJK 31/2015:
"The information or material facts as referred to in Article 2 paragraph (1) includes:... (p) legal cases against Issuers or Public Companies and/or members of the Board of Directors and members of the Board of Commissioners of Issuers or Public Companies that have material impacts."
Regarding the statement by the President Director of HITS, Tonny Aulia Achmad in the Openness Report which said that Heritage failed to make payments according to the Ship Rental Agreement - BIMCO Standard Bareboat dated December 11, 2007 as a result of the global financial crisis in 2008, this was not supported and inconsistent with the opinion of the Supreme Court which stated that the financial crisis was not a force majeure which could be the reason that debtors were hindered from giving or doing something that was obligatory based on the agreement they had agreed to or committed an act that was forbidden to him.
The Supreme Court's opinion is contained in several of its decisions, namely Decision Number 3087K/PDT/2001 dated February 20, 2007 which rejected all cassation memory arguments for cassation applicants who argued the reasons for the monetary crisis as a forced state, and Decision Number 1787 K/PDT/2005 dated May 28, 2008 whose legal rules state that the monetary crisis is not a force majeure so that it cannot be used as an excuse not to give or not to do something that is required according to the agreement.
HITS has been found guilty of default by the British High Court through the UK High Court Decision Number 58/2010. In this case, HITS actively participated and filed a rebuttal (points of defense) on February 16, 2010 to the British High Court. This is in accordance with the claims of HITS in the HKS Consolidation Financial Statements and its subsidiaries dated December 31, 2016 and for the year ending on that date along with the independent auditor report.
After the Decision of the British High Court Number 58/2010 was handed down, HITS did not take any legal action against it, so the decision became a legal and legally binding decision. On that basis, HITS should comply with the British High Court Decision Number 58/2010. However, in fact, until now HITS has never paid its obligations to Parbulk based on the Decree of the British High Court Number 58/2010.
This is not the first time HITS has refused to comply with the decision of the foreign court. Based on the 2022 HITS Year Report, HITS also did not comply with the decision of the Singapore High Court which ordered HITS and its subsidiary, PT Humpuss Transportation Chemical (HTK) to pay all claims of HST Liquidator (PT Humpuss Sea Transport Pte Ltd) of 170 million US dollars plus pre-judgment interest from 18 August 2014 to 26 June 2019 at a rate of 5.33 percent per year for HITS and 0.5 percent for HTK, and post-judgment interest of 5.33 percent for HITS and HTK.
HITS and HTK are also required to pay court fees to HST Liquidators amounting to 200,000 Singapore dollars and 137,608 Singapore dollars, respectively. However, until now HITS and HTK have never made any payments to HST Liquidators.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
