Sued To PTUN, Minister Of Communication And Information Mentioned Sampoerna Telekom Of 2 Years In Arrears Instead

Minister of Communication and Information, Johnny G Plate (doc. PR Ministry of Communication and Information)

JAKARTA - PT Sampoerna Telekomunikasi Indonesia (STI) sued the Minister of Communication and Information (Menkominfo) Johnny G Plate at the Jakarta State Administrative Court (PTUN). The lawsuit was filed in relation to the Decree of the Minister of Communication and Information No.456/2020.

On the other hand, the Minister of Communication and Information, Johnny G. Plate, said that PT Sampoerna Telekom had not paid the Radio Frequency Band License Fee (BHP) for two years. Even the company that has the Net1 Indonesia trademark has continued to provide commercial services since 2019 and 2020.

"Until now, STI has also shown questionable intentions, because it has not paid the License Fee for Radio Frequency Spectrum for Radio Frequency Band License (BHP IPFR) Year Four (2019) and Year Five (2020) but still commercially uses radio frequency spectrum on the 450 MHz Band. This certainly has an impact on state revenues," said Johnny to VOI, Monday, April 19.

On this basis, the Minister of Communication and Information issued Decree of the Minister of Communication and Information (Kepmen) 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. The ministerial decree was enacted on September 25, 2020.

The decree is stipulated based on the provisions as stated in Government Regulation No.80/2015, which states that the Minister determines the amount and time of BHP IPFR payment each year. Based on Government Regulation No.53/2000, the payment must be made in advance before the radio frequency spectrum is used for each year.

"PT STI's objection has also been rejected by the Ministry of Communication and Information on January 12, 2021, so that if a new lawsuit is filed on April 16, 2021, the lawsuit is overdue," he said.

Johnny revealed, all the laws and regulations that form the basis of the issuance of KM 456/2020 are still valid and have never been canceled either by a higher law or by a decision by a judicial body with permanent legal force.

"If the PT STI lawsuit is granted, it can create uncertainty in the business climate of telecommunications operations in Indonesia, including causing state financial losses by not paying PNBP which is the obligation of PT STI," said Johnny.

Even so, Johnny admitted that he was ready to accept the lawsuit from PT STI. It's just that he has not received a court summons directly from the Jakarta Administrative Court.

"Regarding the information on the lawsuit, until now the Ministry of Communications and Information Technology has not received Relays or Summons, and then the Ministry of Communication and Information will follow the trial process involving legal assistance and assistance from the State Attorney General," he concluded.

Previously, PT Sampoerna Telekomunikasi Indonesia sued the Minister of Communication and Information at PTUN Jakarta. The lawsuit with Case Number 102/G/2021/PTUN.JKT was filed on Friday, April 16.

In its petitum, Sampoerna Telekom challenged the Decree of the Minister of Communication and Information 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 PT Sampoerna's 460-467.5 MHz Telecommunication Indonesia.

PT Sampoerna Telekomunikasi Indonesia (Net1 Indonesia) is a 4G LTE mobile internet service provider part of the Sampoerna Strategic Group. STI operates with a low band so that it is able to provide a very wide range of services.