JAKARTA - PT MNC Asia Holding Hotman Paris Hutapea's attorney believes that the lawsuit filed by PT Citra Marga Nusaphala Persada Tbk (CMNP) should not be accepted by the Panel of Judges or Niet Ontvankelijke Verklaard (NO).
This belief was again expressed by Hotman in the follow-up trial of case Number 142 / Pdt.G / 2025q / PN Jkt.Pst.
At today's trial, Wednesday, November 12, CMNP presented an expert witness, namely Lecturer at the Faculty of Law, Gadjah Mada University (UGM) Plenary, Poerwoko Sugarda.
The trial was related to the Negotiatable Certificate of Deposit (NCD) transaction published by PT Bank Unibank Tbk (BBKU) for CMNP interests facilitated by MNC Asia Holding as an arranger/broker in 1999.
During the trial, Hotman dug up an expert witness by asking his opinion if a bank director issued an NCD deposit certificate, then based on the court's decision it was stated that the issuance was not in accordance with the rules, then whether the board of directors could be sued or not.
"If there is no legal relationship, then it is very difficult to sue him," said the expert witness in answering Hotman's question.
Then, Hotman asked again what if in this case the party had a legal relationship. The expert witness explicitly replied that the lawsuit could be carried out if there was a legal relationship.
"Thank you. If it is not sued, that is from the start we said this case is NO, it cannot be accepted," answered Hotman at trial.
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After the trial, Hotman was mentioned by the media crew about his reasons repeatedly stating that this case should not be accepted or NO.
"Yes, because there are no parties, in the procedural law, like this, earlier the expert witness said, if the board of directors violates the rules, then he is personally responsible. Who has the right to sue, namely the victim's party. It means that if the board of directors issues securities that violate the rules, CMNP should also participate in suing the board of directors from Unibank personally," said Hotman.
"In the procedural law, if the party that should be sued is not sued, that is NO, Niet Ontvankelijke Verklaard. This means that it cannot be accepted. So, if it is not enough, it is called NO," he said.
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