Claims Of Being Criminalized, Tony Budidjaja Asks PT Sumi Asih's Execution To Continue

Advocate Tony Budidjaja

JAKARTA - Advocate Tony Budidjaja asked for the execution process against PT Sumi Asih or PT Sumi Asih Oleochemical Industry to continue. Although, currently facing a legal process related to defamation cases which are suspected to be an attempt to criminalize.

Tony was named a suspect by the South Jakarta Metro Police for reports of alleged false complaints filed by the President Director of PT Sumi Asih.

The report relates to Tony's actions as Vinmar Overseas' attorney, Ltd, who complained to the Criminal Investigation Unit of the National Police Headquarters about PT Sumi Asih, who was deemed to have ignored a court order in the context of executing the International arbitration decision (ICDR) handed down in the United States in 2009.

According to him, the arbitration decision has won Vinmar Overseas, Ltd and has received a fiat exception from the Chairman of the Central Jakarta District Court.

Although PT Sumi Asih had filed a lawsuit against the cancellation and resistance under the pretext that the company was not what the arbitration decision meant.

But his lawsuit was rejected by the court and the court's ruling has permanent legal force.

During the trial, the Bekasi District Court intended to carry out the execution of the confiscation of land and factory buildings belonging to PT Sumi Asih in 2017.

PT Sumi Asih fought the execution attempt by stating that the execution was wrong because PT Sumi Asih Oleochemical Industry mentioned in the arbitration decision was different from PT Sumi Asih.

Due to the stagnant confiscation process, Tony then carried out his client's instructions to consult with the National Police and was then directed to make an official report which was used as the basis for the report by PT Sumi Asih to the police on suspicion of violating Article 317 in conjunction with Article 220 of the Criminal Code regarding defamation with complaints and false reports.

He was worried that his determination as a suspect would make the execution of the arbitration decision not work.

"This criminal act has tarnished the authority of law and courts in Indonesia because it shows how easily the legal system in Indonesia is misused by debtors who do not have good intentions. If this criminalization is not stopped immediately, this will make debtors happy who want to prevent/ obstruct efforts to confiscate executions against them, and will also create legal uncertainty and become a very bad precedent for law enforcement in Indonesia," said Tony, Wednesday, January 22.

Tony said that he is currently focusing on undergoing a criminalization case by PT Sumi Asih, who will enter the verdict hearing at the South Jakarta District Court. However, it is said, regardless of the results, the court's decision which has been signed regarding the confiscation of PT Sumi Asih's assets must also be carried out.

What I am worried about is the leadership of law enforcement related to the execution of the arbitration decision even though in the era of President Jokowi this case has been given attention and even formed a special Working Group chaired directly by the Minister of Law to ensure that this execution process is not hampered. Unfortunately, there was a criminal act at the end of President Jokowi's position and now there is no clarity on President Prabowo's attitude regarding the continuation of the Working Group and the execution process that has not been completed until now," said Tony.

Tony revealed various legal remedies to cancel and counter the arbitration decision that had been carried out by PT Sumi Asih in various district courts since 2010. However, he said none of the efforts had been successful.

Therefore, Tony plans to write to President Prabowo Subianto, Vice President Gibran Rakabuming Raka, Coordinating Ministry for Political, Legal and Security Affairs, the Attorney General's Office, the National Police Chief and if necessary the DPR RI Commission III regarding the stagnation of the process of execution of PT Sumi Asih's assets and criminalization of him. It is hoped that the case will receive attention so as not to tarnish Indonesia's face and make negative trauma to the public.

"If an advocate can be criminalized like this, what about ordinary people who have or will complain about a matter of violating the law to the authorities?" Tony said.