Database Access Given to Other Parties, CLM Takes Firm Steps Against PT Cipta Piranti Sejahtera

Illustration. (Photo: Doc. Antara)

JAKARTA - PT Citra Lampia Mandiri (CLM) led by Helmut Hermawan will take firm steps against PT Cipta Piranti Sejahtera (CPS) as the provider of the Accurate accounting software application for giving access to the CLM database to other parties who are currently involved in a share ownership dispute.

According to Helmut, CPS has provided financial data, banking data and CLM company confidential data to other parties who are still in dispute. This action is alleged to have violated the Personal Data Protection Act and the Law on Information and Electronic Transactions (ITE).

"Therefore, we will take firm steps," said PT CLM's Main Director, Helmut Hermawan, in his statement, Tuesday, December 13.

The matter of personal data security has been regulated in Law Number 27 of 2022 concerning Personal Data Protection (PDP). The PDP Law also regulates a number of sanctions, ranging from administrative to criminal. The criminal penalty in this law is up to six years in prison and a fine of IDR 6 billion.

Perpetrators of spreading personal data can also be charged with Article 32 and Article 48 of Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE). The criminal threat for the perpetrators of distributing personal data is a maximum of eight to ten years in prison and/or a maximum fine of IDR 2 billion to IDR 5 billion.

Granting access to the CLM database to one of the parties who are still in dispute, CPS did through a grant letter dated 9 December 2022 addressed to Helmut Hermawan.

In the letter, CPS informed that it would reopen access to the CLM database, which was previously frozen, and would be given to a party that CPS considered legally representing PT Citra Lampia Mandiri.

Helmut explained that until now the CLM share ownership dispute was still in the legal process and no final decision had been issued by the court.

According to Helmut, his party has asked the Director General of General Legal Administration (AHU) of the Ministry of Law and Human Rights to cancel the validation of PT Citra Lampia Mandiri's corporate deed that was submitted by another party.

In addition, he has also reported the dispute over share ownership in CLM to the offices of the Coordinating Minister for Political, Legal and Security Affairs and the Ministry of Energy and Mineral Resources (ESDM).

It was explained, in the Minerba Law, holders of mining business permits (IUP) are prohibited from transferring their share ownership before obtaining permission from the Minister of Energy and Mineral Resources. This is stated in paragraph 1 of Article 93A of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining which reads, Business Entities holding IUP or IUPK are prohibited from transferring share ownership without the approval of the Minister.

Helmut emphasized that his party was CLM's legitimate management based on its latest deed dated 14 September 2022 which had been approved by the Ministry of Law and Human Rights.

On Monday 12 December, the CLM led by Helmut Hermawan tried to provide clarification to CPS regarding the condition of the share ownership dispute that occurred within CLM. However, the CPS remained firm in its decision.

The partnership between CLM and CPS has been going on since 2010, where CPS provided bookkeeping system services to CLM in a package.

Along with the development of CLM's business which has a number of sites in the mining sector, in 2021 the bookkeeping system used by CLM from CPS is an online bookkeeping system, where data from sites can be received directly by the center (realtime).

However, in early November 2022 there was a dispute over share ownership in CLM. In order to keep the company's financial data in a safe condition, access to the company's database is frozen until there is a party that is truly legitimate as CLM manager.

"However, on December 9, 2022, CPS notified the opening and granting access to the database to other parties who were still disputing ownership of shares in CLM," said Helmut Hermawan.