JAKARTA - Activist Sri Bintang Pamungkas sued PT Bank Central Asia Tbk (BCA) for his unlawful act of auctioning off the parcel certificate which was used as collateral for credit to the bank.
Apart from BCA, the Jakarta II Auction and Wealth Service Office is also a defendant. The lawsuit is registered at the South Jakarta District Court (PN) with case number 22 / Pdt.G / 2021 / PN JKT.SEL.
Quoting the South Jakarta District Court page, Tuesday 26 January, the lawsuit stated that the two defendants had committed an illegal act, among other things, that the wilis parcel and its certificate belonged to Mrs. Ernalia, the plaintiff's wife. Which parcel certificates are currently under the control of BCA, as objects of mortgage rights which should expire in 2016.
"To state that the credit extension agreement made by the defendant together with the debtor without the knowledge, presence and approval of the guarantor right is against the law," reads the lawsuit dated January 4, 2021.
Sri Bintang demanded that the defendants pay Rp. 10 billion as compensation. The claim for compensation was due to the fact that collateral had to be sold cheaply to pay debtors' debts, amounting to Rp2 billion. Then, the waiting for the return of the freehold certificate (SHM) of the land release for 5 years since 2016, worth IDR 1 billion a year.
In addition, Sri Bintang is also demanding material and immaterial costs that must be incurred for one year by filing a lawsuit and hearings at the district court, with the possibility of an appeal in an attempt to seek justice and truth worth IDR 3 billion.
Sri Bintang also demanded that the defendants pay Rp. 100 million for each day of postponing the court's decision. Finally, asking for court decisions in this provision can be implemented first, even though there is a process of denial, resistance or appeal.
The management of BCA said that it has carried out banking operations including the auction process in accordance with applicable legal provisions.
"We can say that BCA as a banking institution has carried out banking operations including the auction process in accordance with applicable legal provisions," said Executive Vice President of BCA Secretariat & Corporate Communication, Hera F Haryn.
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