PKPU Hitakara Many Irregularities, MA And KY Need To Intervene

Illustration. (Photo: Unsplash)

JAKARTA - PT Hitakara's attorney, Andi Syamsurizal Nurhadi questioned the panel of judges and supervisory judges in the PKPU case of PT Hitakara at the Surabaya District Court which allowed the PKPU PT Hitakara process to be full of alleged evil conspiracy.

In fact, PT Hitakara has submitted a request for the revocation of PKPU but has not received a response. The MA and KY are expected to take firm action immediately.

"Therefore, we hope that the Supreme Court and the Judicial Commission will take quick and firm action against the PT Hitakara PKPU process, do not let this violation continue and be even more blundered," Andi said in Jakarta, Tuesday, July 11.

Just so you know, PT Hitakara's attorney has submitted a request for the revocation of PT Hitakara PKPU since May 24, 2023. However, until now there has been no response.

"The court should try to solve legal problems and not facilitate violations of the law," said Andi.

This case stems from the PKPU decision to PT Hitakara from the Commercial Court at the Surabaya District Court (PN), East Java, on October 24, 2022. In this PKPU, Linda Herman and Tina are PKPU applicants.

In the PKPU process, Hitakara's attorney found a number of irregular facts, as well as allegations of evil conspiracy from PKPU applicants. First, the legal basis for the application for Postponement of Debt Payment Obligations (PKPU) submitted by the applicant who claimed to have a debt bill due to PT Hitakara, cannot be proven.

Second, the legal relationship between PT Hitakara and PKPU applicants, namely Linda Herman and Tina, is to complete the construction of hotels. And, all PT Hitakara's obligations to build and lease hotel units to PKPU applicants have been completed.

"There is no other delayed obligation from PT Hitakara to PKPU applicants," said Andi.

Meanwhile, the debt bill submitted by the PKPU applicant to PT Hitakara, according to Andi, is related to the payment of revenue sharing for the management of the hotel unit. Meanwhile, PT Hitakara is not the party that manages the hotel. The party that has legal relations with the PKPU applicants to manage the Tijili Benoa Hotel, is PT Tiga Sekawan Benoa.

"If there are parties who do not fulfill the obligation to distribute results (which are proposed as the basis of the PKPU application), then this party is PT Tiga Sekawan Benoa, not PT Hitakara," he said.

From these various facts, Hitakara has sent a letter requesting the revocation of PKPU numbered 013/TA.HITAKARA/PKPU/V/2023 dated May 24, 2023. The letter was addressed to the Case Supervisory Judge Number: 63/PDT.SUS-PKPU/2022/PN.NIAGA.SBY. And, the Panel of Judges Number: 63/PDT.SUS-PKPU/2022/PN.NIAGA.SBY, through the management team.

"We also sent a Letter of Application for Legal Protection through letter Ref. No.: 006/SRT/TIM ADV-HITAKARA/2023 dated July 5, 2023 to His Excellency Case Supervisory Judge Number: 63/PDT.SUS-PKPU/2022/PN.NIAGA.SBY. We copied it to the Chairman of the Supreme Court, and the Judicial Commission. Complete with the legal basis and facts revealed during the PKPU process. Again, there has been no response to date," he said.

Worse yet, Hitakara's attorney suspected that there was an evil conspiracy related to the PKPU process submitted on the basis of a fake bill. This allegation has been reported to the Criminal Investigation Unit of the National Police numbered: LP/B/0623/X/2022/SPKT/Bareskrim Polri on October 28, 2022. The report targets the PKPU Petitioners and their attorneys as the parties suspected of submitting the fake bill.

"Regarding the criminal law process, we hope that the police will immediately identify the suspects against the reported parties, namely the PKPU applicants," said Andi.