Losing In Arbitration Agency, Pollux Ordered To Pay Debt Of IDR 100 Billion

Illustration. (Photo: Doc. Antara)

JAKARTA - The Indonesian National Arbitration Agency decided and ordered PT Pollux Aditama Kencana, a subsidiary of PT Pollux Properties Indonesia Tbk (POLL), to immediately pay a debt of more than Rp100 billion to the Joint Operation But Qinjiang International (South Pacific) Group Development Co PTE Ltd (CNQC) and PT Nusa Konstruksi Ejiniring Tbk (NKE). The debt is the remainder of the bill for the work that has not been paid by Pollux Aditama Kencana since 2019.

Attorney for JO CNQC-NKE Janses Sihaloho from Sihaloho & Co Law Firm, Monday, September 25 in Jakarta, said CNQC and NKE were contractors appointed by Pollux Aditama Kencana to work on the Chadstone Superblock Pollux Project in Cikarang, Bekasi Regency, West Java based on a 2016 work agreement. Work coverage includes architecture, structure, plumbing, mechanical and electrical.

The work was completed by JO CNQC-NKE in 2019. However, after the work was completed, Pollux Aditama Kencana suffered an appointment or defaulted by not paying a bill of more than Rp. 100 billion, not including Value Added Tax (VAT). Because he did not have good faith, JO CNQC-NKE sued Pollux Aditama Kencana in BANI with Case Number: 45041/V/ARB-BANI/2022.

On April 4, 2023, BANI granted JO CNQC-NKE's lawsuit by ordering the Aditama Kencana Police to pay a debt of Rp 100 billion no later than 45 days after the decision was pronounced.

Representative JO CNQC-NKE Rizaldi Limpas said, due to the Aditama Kencana default for almost five years, CNQC and NKE cash flow (Cash Flow) was disrupted. In fact, CNQC and NKE were sued and reported to the police by a number of sub-contractors and suppliers of the Chadstone Superblock project because they could not pay bills.

Chadstone Superblock stands on an area of 25,000 square meters in Cikarang, Bekasi. The land stands for four apartment towers, shopping centers and culinary delights as well as a 178-room hotel. Rizaldi explained that the project belonging to Pollux Aditama Kencana, a subsidiary of PT Pollux Properties Indonesia Tbk (POLL), was carried out by JO CNQC-NKE on time.

Janses said that the Aditama Kencana Police had submitted a request for the cancellation of the BANI decision to the South Jakarta District Court. However, the application was rejected.

Thus, continued Janses, based on Law Number 30 of 1999 concerning Arbitration and Alternatives for Completion of Disputes, there are no other legal remedies that can be carried out by Pollux Aditama Kencana so that the BANI decision has permanent legal force (Inkracht van gewijsde).

However, until now or about 140 days after the arbitration decision, the Aditama Kencana Police have never paid debts to CNQC and NKE. The BANI decision which ordered the Aditama Kencana Police to pay off the debt no later than 45 days was ignored.

Because they never had any problems, the Attorney General's Team JO CNQC-NKE has submitted an application for execution to the South Jakarta District Court. The execution can be in the form of blocking accounts to confiscation of Chadstone Superblock's assets.

"Thousands of consumers and tenants who have purchased apartment units, shopping center units and various facilities in Chadstone will suffer losses due to the behavior of Aditama Kencana Police who do not comply with the law," said Janses.