Otto Releases Open Letter, It’s Peradi Luhut Pangaribuan’s Response – TribunNews.com
TRIBUNNEWS.COM, JAKARTA – Regarding the appeal decision Supreme Court (MA) Number: 997/K/PDT/2022 regarding the rejection of the cassation Peradi Soho (management of Otto Hasibuan) for the lawsuit submitted by Alamsyah through the Lubuk Pakam District Court, Sumatra North, Otto Hasibuan is considered Peradi according to Luhut MP Pangaribuans version can no longer represent Peradis interests, and correspondence and the statement issued by the person concerned has should be ruled out.
Therefore, Otto Hasibuans open letter which has been published Kompas daily with the title Open Letter from the General Chairperson of Peradi dated May 3, 2022 needs to be refuted and corrected, because it is a form of misleading information on the contents of the decision and detrimental to the public, especially advocates throughout Indonesia, said Chairman of the South Jakarta Peradi Branch Management Board (DPC) Luhuts version MP Pangaribuan, B Halomoan Sianturi SH MH in his release, Thursday (5/5/2022).
Based on that, Halomoan also submitted a rebuttal as following.
First, said Halomoan, from 2017 to April 2022, in the period of At that time there were 3 lawsuits, namely Peradi Sohos lawsuit against Peradi Luhut MP Pangaribuan, Peradi Sohos lawsuit against Peradi Suara Indonesian advocate for the management of Juniver Girsang, and Alamsyahs lawsuit against Peradi Soho who has proceeded in court and has obtain a decision that has been permanent legal force (incracht).
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EVEN THOUGH THE DIRECTOR GENERAL OF AHU KEMENKUMHAM HAS APPROVED
Second, said Halomoan, Alamsyahs lawsuit against Defendants I-IV (DPC Peradi Deli Serdang as Defendant I, National Leadership Council (DPN) Peradi as Defendant II, Fauzie Hasibuan as Defendant III, and Thomas E Tampubolon as Defendant IV) and co-Defendant (Tutty Soetrisno SH/Notary) filed through the Lubuk Pakam District Court with case Number: 12/Pdt.G/2020/PN Lbp is that the defendant has issued Decision Number: KEP.504/PERADI/DPN/VIII/2015 concerning Amendments First, Peradis Articles of Association (AD) were enacted in Jakarta on 21 August 2015 and Decree Number: KEP.104/PERADI/DPN/IX/2019 concerning Amendment to AD dated September 4, 2019.
In essence, the plaintiff argues that the amendment to the Articles of Association it contradicts with the Decision of National Conference II and Article 46 of DPN Decree Number: KEP.504/PERADI/DPN/VIII/2015 concerning the First Amendment to the Articles of Association. Also, that the amendment to the Articles of Association is related to addition of the composition of the DPN and the term of office of the general chairman as follows, namely Decision Number: KEP.504/PERADI/DPN/VIII/2015 concerning Changes First Peradis Articles of Association especially in Article 24 paragraph (5) which reads, the general chairman who is his position has expires may be re-elected for the next term, with no terms may be appointed for more than two terms of office, then changed into as in Decision Number: KEP.104/PERADI/DPN/IX/2019 about Amendment to the Articles of Association which reads, the general chairman who his term of office has expired can be re-elected for another term next, provided that you cannot appointed for more than two consecutive terms, he explained.
The substance of Alamsyahs lawsuit is the claim as follows: the following, namely stating the actions of Defendant II who issued PERADI DPN Decree Number KEP.104/PERADI/DPN/IX/2019 dated 4 September 2019, which was signed by Defendant III and Defendant IV, unlawfully violated PERADI II National Conference Decision on 12-13 June 2015 as follows: referred to in the minutes of the PERADI II National Conference on 12-13 June 2015, at event 4: Determination and/or Amendment of Peradis Articles of Association related to the Deed of Statement of Decisions of the Second National Conference Peradi, dated 19 June 2015 Number 09, made before Tutty Soetrisno SH, Notary in Pekanbaru, provisions and Article 46 of the Decree Number: KEP.504/PERADI/DPN/VIII/2015 concerning the First Amendment Peradis Articles of Association is an act against declaring void and/or not legally enforceable with all the legal consequences are Letter KEP.104/PERADI/DPN/IX/2019 dated 4 September 2019 regarding the Amendment to the Articles of Association, he explained.
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Furthermore, said Halomoan, the Lubuk Pakam District Court in its decision stated that the amendment to the Articles of Association is an act against law and declares null and void or not legally enforceable by all legal consequences letter KEP.104/PERADI/DPN/IX/2019 dated 4 September 2019 concerning Amendments to the Articles of Association.
Based on this decision, Peradi Soho filed an appeal through Medan High Court with case No. 592/Pdt/2020/PT MDN. Amar the decision of PT Medan is to strengthen the decision of the Lubuk Pakam District Court, dated 29 September 2020 Number 12/Pdt.G/2020/PN Lbp which is
