Supreme Court Rejects PK Zainal Abidin, Expert: Helmut Hermawan Must Be Freed From Crime

JAKARTA - The Indonesian Supreme Court (MA) finally stated that Helmut Hermawan was not proven to have committed an unlawful act. This was revealed by the rejection of the reconsideration (PK) lawsuit filed by Zainal Abidinsyah Siregar against former president director of PT Citra Lampia Mandiri (CLM) Helmut Hermawan on May 8, 2023.

Responding to the decision, Trisakti University Criminal Law expert Abdul Fickar said that the criminal process being carried out by the Dirkrimsus Polda Sulsel could now be declared null and void.

"If the Supreme Court's decision has decided that Helmut has not done anything (against the law), then no one should be punished. This means that the defendant must be released," said Fickar on Friday, May 12.

In addition, he said, Helmut could file a counter lawsuit against Zainal Abidin Siregar, both civil and criminal. "Because there is material and material losses that he got during the legal process. So he can sue back," he said.

Responding to this, Helmut Hermawan's attorney, Sholeh Amin, said that the Supreme Court had proven that there was no unlawful act committed by his client in the PT APMR share sale and purchase agreement at PT CLM.

"We are happy, because Dewi Keadilan has finally proven that there is no unlawful act that has been committed by Mr. Helmut and his friends." said Sholeh.

He also hopes that with no unlawful acts, no offense will be violated in this regard.

"Hopefully it will be gradually revealed in the case that befell Helmut's brother who is currently being named a suspect in another case, but related to this APMR and CLM," he said.

Sholeh also told the chronology of the case that began with the PT APMR share Sale and Purchase Binding Agreement (PPJB) at PT CLM.

"When PPJB is priced at 23.5 million US dollars, it is paid in the form of a DP of 2 million US dollars. The rest will be paid off if it has been carried out for six months. It turns out that after six months they are still asking for three more months," said Sholeh.

Helmut also agreed with the addition of three months, so that Zainal would pay off the purchase of PT APMR's shares. However, after waiting for a total of approximately nine months, there was no clarity regarding the payment of the 85 percent share purchase.

"After waiting, it turned out that they did not provide an answer and wanted to return Pak Helmut's money, it was also difficult because the account number was where they did not know. Because they handed over the money through other countries," he said.

So that in the end, said Sholeh, Helmut's party canceled and returned the money that had been handed over because of a default from Zainal's side.

"Waited for six months, plus for three months it turns out that they are not clear whether it is finished or not. If it is taken 85 percent where is the rest? That's right," he continued.

However, after the agreement was canceled because there was no clarity, Sholeh said that Zainal's party actually reported Helmut to the police on charges of fraud.

"They reported Mr. Helmut to the police who in the end were in SP3 because there was no unlawful act. Then they filed a pre-trial, the winner was finally resumed by the National Police Headquarters, and Mr. Helmut was detained for 20 days," said Sholeh.

"The report is related to being considered fraudulent, considered to have committed acts against the law in the context that it is fraud. He said he had paid 2 million US dollars, but it didn't become buying and selling. In fact, it was reversed like that. Even though they defaulted, they were not satisfied by reporting and detaining Mr. Helmut for 20 days," he added.