Menkominfo Johnny G Plate Sued Sampoerna Telekom Regarding Radio Frequency Band License Rates

Menkominfo Johnny G Plate (doc. Humas Kominfo)

JAKARTA - PT Sampoerna Telekomunikasi Indonesia (STI) sued the Minister of Communication and Information Technology (Menkominfo) Johnny G Plate at the Jakarta Administrative Court (PTUN). The lawsuit was registered with case number 102 / G / 2021 / PTUN.JKT, on Friday, April 16 yesterday.

The object of Sampoerna Telecom's lawsuit regarding the Minister of Communication and Information Decree No.456/2020 concerning the Amount and Time of Payment of the Right to Use the Radio Frequency Spectrum for the Fifth Year Radio Frequency Band License in the 450-457.5 MHz Range Paired with 460-467.5 MHz PT Sampoerna Telekomunikasi Indonesia.

In the petitum of his lawsuit, a subsidiary of Sampoerna Strategic Group asked the PTUN judge to cancel the Minister of Communication and Information Decree No.456/2020. Including ordering the Minister of Communication and Information to revoke the Decree of the Minister of Communication and Information No.456/2020.

"Canceling the Minister of Communication and Informatics Letter dated October 2, 2020 regarding the Details of Bill for Payment of Radio Frequency Spectrum Usage Rights and any administrative actions as an implementation or legal consequence of KM Kominfo No.631 / 2019 and the object of the lawsuit," wrote Murthias Shella Putri as the attorney of PT Sampoerna. Telecommunication, Monday, April 19.

Sampoerna Telekom also asked the panel of judges to order the Minister of Communication and Information to adjust the value of the K component in the Radio Frequency Usage Right Fee for the Sampoerna Telkom Radio Frequency Band License for 2019, 2020, and in subsequent years a maximum of 63,540633.

At the same time ordered the defendant to make adjustments to the obligation to pay the Plaintiff's IPFR BHP each year, namely the BHP for the Fourth Year 2019 and the BHP for the 5th Year 2020, as well as for the BHP for the following years.

The scheme requires that the BHP to be paid in cash by the plaintiff to the defendant is 30 percent x the BHP IPFR formula after adjusting the value of K to 63.540633.

"This means that 30 percent x BHP IPFR 2019 using a K value of 63.540633 is IDR 36.8 billion. While the 2020 BHP 30 percent x BHP IPFR 2020 using a K value of 63.540633 is IDR 45.7 billion," quoted VOI from the petitum. PT Sampoerna's lawsuit.

In addition, Sampoerna requested that the plaintiff's frequency 2x2.5 Mhz be not used so that, 35 percent x BHP IPFR formula after adjusting the K value to 63.540633, payment will be in the form of providing internet access to hospitals, health centers, schools and agencies. Government.

As for supporting network equity throughout Indonesia, 35 percent x BHP IPFR formula after adjusting the K value to 63.540633, is realized in the form of coverage expansion.

"Ordered the defendant not to issue a Decision and / or IPFR BHP Bill that was not appropriate," said the petitum.