JAKARTA - Helmut Hermawan's attorney, Soleh Amin, spoke about the chronology of the issuance of the recommendation letter from the Minister of Political, Legal and Security Affairs Mahfud MD to the Ministry of Law and Human Rights regarding the transfer of ownership of PT CLM by Zainal Abidin. According to him, the letter was received on April 18, 2023.
"So initially we applied for legal protection related to the existence of APMR ownership in CLM which was disputed by another party. Now it turns out that there are changes without the knowledge of the APMR owner, through a document issuance mechanism in the form of a notary deed on August 24, 2022," said Soleh to reporters Saturday, May 6.
According to him, in the deed, on August 24, 2022, there was a takeover of APMR shares without going through the GMS forum and the approval of the owner.
"On September 13, 2022, notary Notary Oktaviani made deed number 06 which contained 1000 new shares in APMR." he said.
So, he said, in the deed of 06 dated September 13, 2022, the composition of PT APMR's shares has changed completely.
"And all of that was done without going through the GMS of the owner, without the approval of the court," he said.
Furthermore, the notary then made the same deed number 07 dated August 13, 2022 which contained changes to all the management of the board of directors and commissioners of PT CLM owned by APMR earlier. "And for the next time, the same notary submits an application to AHU, so those submitted to AHU are deed number 06 dated August 24, 2022, Deed number 06 dated September 13, 2022, deed 07 dated September 13, 2022, all of which are the same day on the next 14 September 2022," he said.
On this basis, his party submitted a request for legal protection to the Coordinating Minister for Political, Legal and Security Affairs. "After holding a meeting between them, a recommendation was issued to AHU in order to improve the system in the AHU. The two Ministries of Energy and Mineral Resources and the Ministry of Law and Human Rights should take legal action if anyone violates the provisions, changes in ownership of the company. Before AHU agreed that there must be a recommendation from ESDM first if there is a change in the deed of mining company, but it turns out that for the CLM case it is not done," he said.
Meanwhile, a State Administration Legal Expert, Hendry Julian Noor, emphasized that the Kemenkopolhukam recommendation letter for the performance of licensing services by the Director General of AHU must be followed up. Because, he said, there are sanctions that must be given if there is a violation in the process of making business permits handled by the Ministry of Law and Human Rights.
"In Article 93 a of Law 3 of 2020. There are administrative sanctions provisions there. That will be the competence, the authority of the Ministry of Energy and Mineral Resources to assess.," he said.
Previously, the Coordinating Ministry for Political, Legal and Security Affairs issued a recommendation letter addressed to the Ministry of Law and Human Rights regarding the handling of the case of former President Director of PT Citra Lampia Mandiri, Helmut Hermawan.
Coordinating Minister for Political, Legal and Security Affairs Mahfud Md through the Deputy for Legal Coordination and Human Rights at the Coordinating Ministry for Political, Legal and Security Affairs, Sugeng Purnomo, in the recommendation letter said that the AHU licensing of mining companies PT CLM which is currently being taken over by Zainal Abidinsyah Siregar as the President Director is problematic and has the potential to violate the law in the future.
"That is the alleged violation of the transfer of share ownership of PT CLM based on Article 93A of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal, that IUP and IUPK holders are prohibited from transferring share ownership without the approval of the Minister of Energy and Mineral Resources," said Sugeng in a letter of recommendation quoted on Wednesday, May 3, 2023.
The letter also stated that the change in shareholders through the Notary Deed Oktaviana Kusuma Anggraini, Number 01 dated November 3, 2022, was allegedly carried out without the approval of the Minister of Energy and Mineral Resources and violated the Provisions of Article 93A of Law Number 3 of 2020.
For this reason, he said that the Ministry of Energy and Mineral Resources would examine the sanctions that would be imposed on Zainal Abidin Siregar, if they had been proven to have violated the provisions of Article 93A of Law Number 3 of 2020.
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