Home ECONOMY BANI Believes the Verdicts of PT BKUM and PT MMI Won’t be Overturned by the Panel of Judges

BANI Believes the Verdicts of PT BKUM and PT MMI Won’t be Overturned by the Panel of Judges

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BANI Believes the Verdicts of PT BKUM and PT MMI Won’t be Overturned by the Panel of Judges

Jakarta, Timerilis.com – PT Marino Mining International (MMI) sued the Indonesian National Arbitration Board (BANI) at the South Jakarta District Court (PN Jaksel). PT MMI requested to cancel BANI’s decision number 45101/XII/ARB-BANI/2022 dated May 10, 2023, regarding MMI’s default.

BANI’s attorney from the Law Office of Yulwansyah, Balfast & Partners Kamil Zacky Permandha said, the application filed by PT MMI case number 568/Pdt.Sus-Arbt/2023/PN.Jkt.Sel is unlikely to be accepted by the judge, but BANI is optimistic that the panel of judges at the District Court will decide professionally.

“From us, the request for annulment is very small, because the annulment trial is no longer discussing the subject matter, while the evidence presented by the applicant is not strong enough to overturn BANI’s decision,” Kamil said after undergoing a hearing at the Jaksel District Court, Tuesday (07/25/2023).

This optimism is based on the arbitration process in case number 45101/XII/ARB-BANI/2022. During the arbitration process, the arbitral panel considered all evidence from the applicant and respondent. Information from expert witnesses submitted by the applicant and respondent was also taken into consideration by the arbitral tribunal. The result is following the decision registered at the South Jakarta District Court with register number 11/ARB/HKM/2023 on May 29, 2023.

According to him, Article 70 of Law (UU) Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, three things allow BANI’s decision to be canceled. The provisions are that letters or documents in the arbitration process are proven or declared false, some documents are hidden during the arbitration process even though the documents determine the arbitration process and results, and there is deception by one of the parties and the deception has an impact on the outcome of the arbitration panel’s decision.

“Everything about the parties, through the discussion of legal issues, has already been discussed in the BANI trial, so the court cannot assess it again. Cancellation only exists in article 70 of Law 30/1999, if it goes beyond article 70, it is very unlikely that the cancellation of the BANI decision can be accepted,” Kamil explained.

Kamil believes that BANI’s decision is correct and cannot be denied. The agreement between PT MMI and PT Bara Karya Utama Makmur (BKUM) states that if there are legal problems, they take the BANI trial.

“That means he must comply with the provisions and regulations and procedures in BANI. In the BANI procedure, the final BANI decision is final and binding, he should have agreed to their agreement, so he is obliged to respect the agreement, this cancellation cannot be done by him,” he said.

Article 11 paragraph (2) of Law 30 of 1999 also emphasizes that the district court must refuse and will not intervene in the settlement of a dispute that has been determined through arbitration, except in certain cases stipulated in this Law.

Case no 45101/XII/ARB-BANI/2022 is a lawsuit against the shareholders of PT Kartika Selabumi Mining (KSM). Based on the determination of the commercial court at the Central Jakarta District Court Number: 06/Pdt Sus-Cancellation of Peace/ 2019/PN. Niaga Jkt.Pst Jo. Number 37/PKPU/2012/PN. Niaga Jkt.Pst, dated August 14, 2019; PT KSM was declared bankrupt.

This condition made KSM unable to pay off obligations to debtors. Therefore, the curator sought a way out by finding a third party who could run KSM’s business. The curator appointed PT Bara Karya Utama Makmur (BKUM).

After the appointment, BKUM and KSM shareholders agreed. Later, there was a violation of the agreement, resulting in a lawsuit against BANI. (Eva/Rd)