Considered In Good Intention, Application For Cancellation Of Peace Against PT BRW Rejected By The Commercial District Court

The atmosphere of the trial at the Commercial Court, Central Jakarta. (IST)

JAKARTA - The panel of judges at the Commercial Court at the Central Jakarta Court rejected the request for the cancellation of peace addressed to PT Bali Ragawisata (PT BRW). The trial chaired by the presiding judge Heneng Pujadi, SH, MH, rejected the request for PT Tatamulia Nusantara Indah, PT Karya Intertek Kencana, and PT Karya Makmur Integra in case number 23/Pdt.Sus-Pembalasan Peace/2025/PN.Niaga.Jkt.Pst who wish to cancel the peace (homologation) Decision on the Suspension of Debt Payment Obligations (PKPU) PT BRW.

"To try, reject the petitioner's application in its entirety" as conveyed by the panel of judges when reading the verdict in Jakarta, Tuesday (10/6/2025).

During the trial, the panel of judges consisting of Betsji Siska Manoe, SH, MH and Adeng Abdul Kohar, SH, MH made PT BRW's efforts to make partial payments to creditors as a form of good faith that was taken into consideration to reject the petitioners' petition.

Based on the peace agreement, said the panel of judges, PT BRW, which is the respondent, can make payments from the contribution of shareholders and asset sales until the fifth year. Thus, PT BRW still has the opportunity to sell assets until the fifth year.

In addition, the panel of judges also considered that the summons sent by the applicants was only a formality to fulfill the formal requirements to apply for PKPU which violated the principle of business continuity in the Bankruptcy Law and PKPU.

For PT BRW, this decision strengthens two case decisions no.20 on behalf of applicants Simon Chang and Ryo Okawa (Catcase No. 22). Both cases at the end of last week were rejected by his application to cancel homologation peace with PT BRW.

"With the decision of case number 23, it further strengthens the two previous decisions that have been rejected by our application. Of course we would like to thank all the panel of judges who were quite observant when deciding this case," said PT BRW's attorney, Ghazi Luthfi, in Jakarta, Wednesday (11/6/2025).

Ghazi said the panel of judges understood very well the conditions that occurred outside the trial. In the midst of a business climate full of challenges with global turmoil and the number of companies that collapsed, he said, the decision of the panel of judges strongly supports the strengthening of the national economy in this country. This is a good decision for us and is also wise in supporting the strengthening of the business climate in Indonesia," he said.

Ghazi explained that currently PT BRW still leaves three cases of requesting the cancellation of peace at the Commercial District Court. The three cases that are still continuing the trial process are requests from Lily Bintoro with PT Bhumi Cahaya Mulia with case file No. 18/Pdt.Sus-Pembalasan Peace/2025/PN.Niaga.Jkt.Pst. Furthermore case number 19/Pdt.Sus-Pembalasan Peace/2025/PN.Niaga.Jkt.Pst with applicant CV Dwi Putu Kassirano, as well as PT Pilar Garba Inti in Case No. 21/Pdt.Sus-Pembatan Peace/2025/PN.Niaga.Jkt.Pst.

Of the three remaining cases, Lily Bintoro was listed as one of the shareholders of PT BRW. At the previous trial, PT BRW had conveyed its intention to make payments using a check but Lily Bintoro refused.

Based on the profile data of the company PT BRW obtained through the official website of the Directorate General of General Legal Administration of the Ministry of Law and Human Rights of the Republic of Indonesia, the names of Lily Bintoro are registered as shareholders of PT BRW together with Djie Tjian An, Didi Dawis, and Saiman Ernawan.

Saiman Ernawan previously served as president director of PT BRW to run a property building business in Bukit Pandawa, Bali. In 2021, Saiman Ernawan's position as president director was replaced by Triono Juliarso Dawis.

After the replacement, Saiman Ernawan in 2024 filed a civil lawsuit against PT BRW at the Denpasar District Court and submitted a request for blocking land and building assets belonging to PT BRW which resulted in PT BRW unable to sell land and building assets in order to pay bills to its creditors in accordance with the homologation agreement.

Meanwhile, PT BRW was sued by six applicants who submitted the cancellation of the peace agreement agreed in the PKPU process in February 2021. The total value of the debt in this case is estimated at IDR 3.5 trillion.

"We hope that the panel of judges will be consistent with their legal considerations and reject all requests for the cancellation of peace to PT BRW", said Ghazi.