South Jakarta District Court Has Granted PT PLN (Persero)’S Demurrer And Rejected Pretrial Motion Filed By The Indonesia Solicitors At Law (Law Firm)

Thursday, 22 July 2021 14:27
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Lawyers: Dr. Julius Singara (Partner) / Doly James Simangunsong, LL.M. (Associate) / Adi Putra Buana Yunara Batubara, LL.M. (Associate)

We are pleased to announce that on 13 April 2021 the South Jakarta District Court has granted PT PLN (Persero)’s Demurrer and rejected a pretrial motion filed by the Indonesia Solicitors at Law.

Previously, on 16 December 2020, the [Indonesia Solicitors at Law] has filed a pretrial motion against:

  1. The Government of the Republic of Indonesia c.q. Chief of National Police of Indonesia c.q. Chief of Greater Jakarta Metropolitan Regional Police c.q. Chief of South Jakarta Subregional Police c.q. Chief of Kebayoran Baru Sector Police as Respondent I;
  2. The Government of the Republic of Indonesia c.q. President of the Republic of Indonesia c.q. Ministry of State-Owned Companies c.q. PT. Perusahaan Listrik Negara c.q. Aji Lesmana as Manager of PT PLN (Persero) UP3 Bulungan Jakarta Selatan as Respondent II;
  3. The Government of the Republic of Indonesia c.q. President of the Republic of Indonesia c.q. Chief of National Police of Indonesia as Co-Respondent I;
  4. The Government of the Republic of Indonesia c.q. President of the Republic of Indonesia c.q. Chief of National Police of Indonesia c.q. Chief of  Professional and Security of the National Police (Propam) as Co-Respondent II;
  5. The Government of the Republic of Indonesia c.q. President of the Republic of Indonesia c.q. Chief of National Police of Indonesia c.q Chief of Greater Jakarta Metropolitan Regional Police as Co-Respondent III;
  6. The Government of the Republic of Indonesia c.q. President of the Republic of Indonesia c.q. Chief of National Police of Indonesia c.q Chief of Greater Jakarta Metropolitan Regional Police c.q. Chief of South Jakarta Resort Police as Co-Respondent IV;
  7. The Government of the Republic of Indonesia c.q. President of the Republic of Indonesia c.q. Ministry of State Owned Companies c.q. Zulkifli Zaini as the President Director of PT. PLN (Persero) as Co-Respondent V.

In such pretrial motion, the [Indonesia Solicitors at Law (Law Office)] alleged that Respondent II had committed criminal act of document forgery as intended in Article 263 of the Indonesian Criminal Code and reported the alleged criminal act to the Jakarta Metropolitan Police (Polda Metro Jaya) under the Police Report Number LP/970/II/YAN.2.5/2020/SPKT PMJ dated 12 February 2020 (“LP 970 Case”). Further, on 17 February 2020, the LP 970 Case was transferred to the South Jakarta Sub-regional Police (Polres Jakarta Selatan) for further preliminary investigation. Then, on 16 December 2020, the [Indonesia Solicitors at Law] filed a pretrial motion against the Respondents and Co-Respondents by alleging that the National Police of the Republic of Indonesia has unlawfully terminated the LP 970 Case .  

On 13 April 2021, the South Jakarta District Court decided to “grant the Demurrer of the Respondents” and therefore, “pretrial motion is deemed as unacceptable”.