PKPU Decision on PT Krama Yudha Heirs Questioned for Legal Flaws
JAKARTA, Indonesia, Sept. 19, 2023 /PRNewswire/ — Arsjad Rasjid, the Chairman of the Indonesian Chamber of Commerce and Industry (KADIN) and the CEO of PT Indika Energy Tbk, has successfully initiated a PKPU (Suspension of Debt Payment Obligations) against the heirs of PT Krama Yudha amounting to Rp 700 billion in the commercial court of the Central Jakarta District Court.
The respondents in this case are Rozita and Ery Said, both of whom are considered responsible for debts amounting to approximately Rp 700 billion.
This was revealed by the legal representative of Rozita and Ery Said, Damianus Renjaan, in his statement on Sunday (17/9/2023).
According to Damianus, in addition to Arsjad Rasjid, three other petitioners are involved, namely Said Perdana Bin Abubakar Said, Indra P Said, and Daud Kai Rizal.
"However, in reality, the petitioners and respondents were not the parties who signed the agreement numbered 78 in 1998, or 25 years ago," Damianus said.
Damianus explained that these parties are only heirs of those who signed agreement 78. The PKPU petitioners represent Makmunar Rasjid, the late Abi Hasan Said, the late Nuni Asmuni Said, and the late Srikandi Dja'far Said.
Damianus also explained that the PKPU decision has been made, and his client is currently in the 45-day PKPU period. All parties involved in Agreement 78 have already passed away. Srikandi, Nuni, and Abi were siblings of Sjarnobi.
When Sjarnobi passed away, control of PT Krama Yudha was handed over to his son, Eka, who also passed away in September 2022. Subsequently, the company has been managed by professionals.
Damianus stated that on July 25, 2023, Arsjad Rasjid and three other petitioners filed a PKPU lawsuit. The PKPU decision was issued by the commercial court of the Central Jakarta District Court with case number PKPU NO. 226/PDT.SUS-PKPU/2023/PN.NIAGA. JKT.PST.
"In their PKPU petition, Arsjad and others request that Rozita and Ery be held responsible for this Rp 700 billion claim and must pay it to Arsjad and others," Damianus said.
Rozita and Ery Said are also classified as the second and third generations of Sjarnobi, who had no knowledge of Agreement 78, making it legally inappropriate to hold them accountable for it.
"Furthermore, it has come to light that neither the petitioners nor the respondents have ever been recorded as directors, commissioners, or shareholders of PT Krama Yudha, hence they have no access to the company's records, in line with the demands of Arsjad and others," Damianus clarified.
Damianus further explained that the PKPU petition by Arsjad Rasjid and others has expired. Article 210 of Law No. 37 of 2004 concerning Bankruptcy and PKPU states that the PKPU petition deadline is 90 days from the date of the deceased's passing. Sjarnobi passed away on April 13, 2001, and Eka passed away on September 16, 2022.
If calculated until July 25, 2023, when Arsjad and others filed the PKPU petition, it had exceeded 312 days.
"The conditions for granting PKPU, based on Article 222 Paragraph (1) and (3) in conjunction with Article 8 Paragraph (4) of Law No. 37 of 2004, require a provable debt, but in this case, Rozita and Ery Said had no knowledge of it. They also did not sign Agreement 78, which forms the basis of the debt. Another issue is that there is currently a dispute among the heirs of Eka Putra Said," Damianus Renjaan said.
"We will pursue a cassation appeal, especially since our clients are third-generation heirs of the agreement makers and they are all foreign nationals (WNA). They need proper legal certainty and protection," Damianus concluded.
