Supreme Court Orders PT Antam To Compensate 1,136 Kg Of Gold To Surabaya Entrepreneur Budi Said

JAKARTA - The Supreme Court ordered PT Aneka Tambang Tbk. to provide compensation of 1,136 kilograms of gold bullion to a businessman from Surabaya named Budi Said.

This is based on the decision of the civil case Number 1666 K/PDT/2022 with the plaintiff Budi Said against Defendant I PT Aneka Tambang Tbk, Defendant II Endang Kumoro as Head of Surabaya Precious Metals (BELM) Boutique 01 Antam, Defendant III Misdianto as Administrative Staff (Back Office) at BELM Surabaya 01 Antam, Defendant IV Ahmad Purwanto as General Trading Manufacturing and Service Senior Officer at Antam's Precious Metals Processing and Refining Business Unit, and Defendant V Eksi Anggraeni.

"Kabul," said the Supreme Court's website, reported by ANTARA, Wednesday, July 6.

The cassation panel for the civil case was Maria Anna Samiyati as chairman of the assembly, and Panji Widagdo and Rahmi Mulyati, each as members. The verdict was handed down on June 29, 2022.

"Judgment, granted the request for cassation from the petitioner for cassation Budi Said. Sentenced Defendant I together with Defendants II, III, IV, jointly and severally to hand over 1,136 kilograms of Antam gold bullion to the plaintiff or if they didn't deliver 1,136 kilograms of gold, it would be replaced with money equivalent to the price of gold at the time of implementation of this decision," stated the decision.

On July 6, 2022, Antam's gold price was IDR 977 thousand per gram, meaning that to replace 1,136 kilograms of gold, Antam had to replace the equivalent of IDR 1,109,872,000,000.

"Declare that Defendants I, II, III, IV and V have been guilty of violating the law which harmed the plaintiff. Stating that Defendant I is responsible for all actions and all legal consequences carried out by Defendants II, III, and IV," said the verdict .

The cassation panel also ordered Defendant V to pay material losses to plaintiff Budi Said in the amount of Rp. 92.092 billion.

This case began when Budi Said bought gold bullion from March 20 - November 12 2018 totaling 7 tons of gold but it turned out that he had only received almost 6 tons, so there is still a shortage of 1.136 tons of gold bullion that Antam has not received.

The gold purchase was made at Antam's BELM Surabaya 01 with a gold bullion value of IDR 530 million per kg, which is also below the official price of IDR 585 million per kg.

Because he did not receive the gold as requested, on January 20, 2019 Budi Said then reported it to the police so that on January 13, 2021, with case number 58/Pdt.G/2020/PN Sby, the Surabaya District Court, decided that PT Antam had to pay material losses. amounting to Rp817.456 billion or handed over 1,136 kg of gold.

However, the Surabaya High Court (PT) on August 19, 2021 with case number 371/PDT/2021/PT SBY overturned the Surabaya District Court's decision and rejected Budi Said's claim.

Budi Said then filed a lawsuit to the Supreme Court of Cassation. As a result, the Supreme Court granted Budi Said's claim, canceling the appeal decision.

"That according to the judex juris the judgment of the judex facti / PN judgment is correct and correct so that it can be taken over by the judex juris and can be taken into consideration by the Supreme Court / judex juris with additional considerations and corrections to the ruling as stated in the order below," the cassation panel stated .