Jakarta, posinternasional.com
Lawyer OC Kaligis hopes that PT Jiwasraya can return his IDR 35 billion in savings on the legal basis that there is already a provision in the form of a court decision.
OC Kaligis in Jakarta, Saturday (1/6/2024) said that his party sent a letter to the Ministry of State-Owned Enterprises (BUMN) so that it could be followed up because Jiwanya is a BUMN company.
“As a country of law, I believe that court decisions must be obeyed by everyone,” said Kaligis.
According to him, the president’s oath based on article 9 of the 1945 Constitution is to obey the law, this also applies to ministers including BUMN Minister Erick Thohir.
He said that in mid-2016, on the advice of the investment manager at Bank Tabungan Negara (BTN), he transferred his savings for a period of one year to Jiwasraya through a savings agreement entitled Protection Plan.
However, based on article 75 of the Insurance Law, Kaligis believed in 2016 under the leadership of BUMN Minister Erick Thohir that Jiwasraya had no financial problems.
However, suddenly through the Attorney General’s Office, Jiwasraya was convicted of committing mega corruption which resulted in Kaligis’ money not being returned even though it was the result of 50 years of hard work as a lawyer.
He said that because he failed to mediate with Jiwasraya and Bank BTN, his party was taking legal action.
Meanwhile, three court decisions won Kaligis’ lawsuit and Jiwasraya was ordered to return Rp. 35 billion.
Kaligis added that while the decision had permanent legal force (in Kracht) at the high court, the execution was delayed because Jiwasraya and Erick Thohir as Minister of BUMN submitted a judicial review (PK).
Even in the PK, Kaligis won and never signed the unilateral restructuring, which was rejected by the court of first instance.
They were disappointed that the Jiwasraya auction proceeds amounted to IDR 1.9 trillion, this means that Jiwasraya has the money to return the savings.
The legal basis for returning Kaligis’ savings is the ruling of the DKI High Court No.175/PDT/2022/PT. DKI and the decision of the Central Jakarta District Court no. 219/Pdt.G/2020/PN.JKT.PST dated July 8 2021.
“If I, as a legal expert, cannot enjoy court decisions that have permanent legal force, what will happen to other justice seekers,” said the 82-year-old lawyer.
** (addit)
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