Litigations Civil (Company as Respondent)
2013 2014 2015
Total Cases 8 12 5
resolved Cases (Final and Legally Binding Decisions) 1 6 3
Cases in Settlement Process (Position December 2015) 7 6 2
In criminal cases, the litigations involving the Company are commonly due to:
• The reports from customers or third parties concerning the allegation of banking crimes.
• The reports from customers or third parties concerning the allegation of forgery letters or false statements, and statements of customer’s name on Bank Indonesia Debtor Information System.
The following disclosure identifies cases valued at above rp10 billion 1. Term Deposit Bilyet Lawsuit (697/Pdt.G/2010/PN.Jkt.Sel) Parties: M - Plaintiff
The Company - Defendant I and Defendant II Subject: request to disburse term deposits to the Bank value: - Material rp11,000,000,000 and USD302,000
- Non-material rp100,000,000,000
Status The Bank appealed for Counter Memory Cassation dated 16 April 2013
Litigations Involving the Company and Subsidiaries
2. Lawsuit of Illegal Act, Related to Bank Guarantee Claim (187/Pdt.G/2012/PN.Jkt.Sel) Parties: ME (Plaintiff)
The Company (Defendant I) PLN (Defendant II)
Subject: request to not disburse Bank Guarantee value: Material rp83,300,000,000 and USD5,000,000 Status In cassation at the Supreme Court
3. Lawsuit to Annul Loan Facility (160/Pdt.G/2010/PN.Jkt.Pst) Parties: IS (Plaintiff)
The Company (Defendant)
Subject: Annullment of loan facility from the Bank value: Material rp98,800,000,000
Status The Company appealed for Counter Memory Cassation on 9 May 2012
4. Lawsuit of Illegal Act Motioned by Ex-Debtor that Declared Bankrupt (398/Pdt.G/2010/PN.Jkt.Sel) Parties: CI (Plaintiff)
The Company (Defendant)
Subject: Illegal act committed by the Company with regards to offering derivative product value: - Material rp184,700,000,000
Status The Company appealed for Counter Memory Cassation on 23 November 2012 5. Lawsuit of Illegal Act Motioned by Ex-Debtor that Declared Bankrupt (75/Pdt.G/2011/PN.Kds) Parties: CI (Plaintiff)
The Company (Defendant) LPS (Co-Defendant)
Subject: The Plaintiff has been declared bankrupt. The Plaintiff motioned civil lawsuit on the basis of illegal act committed by the Company concerning sales and purchase of foreign exchange and failure to disburse term deposit collateral of the Plaintiff.
value: - Material rp182,300,000,000 - Immaterial rp50,000,000,000
Status The Company appealed for Counter Memory Cassation on 29 October 2012
6. Perkara Gugatan Perbuatan Melawan Hukum (240/Pdt.G/2011/PN.Jaksel) Parties: SA (Plaintiff I)
SP (Plaintiff II) BUG (Plaintiff III) SB (Plaintiff Iv) SPP (Plaintiff v) Bank II (Defendant I) The Company (Defendant II) KD (Defendant III)
MW (Defendant Iv) DPK (Defendant v)
Subject: This lawsuit is the same lawsuit motioned by the Plaintiffs and other ex-shareholders of KD against the Company. The Court rejected the first lawsuit in its entirety and the Court’s decision was final and binding.
In this matter, the Plaintiffs, who are ex-shareholders of KD, motioned a lawsuit against the Company for the Company’s failure to exercise the Plaintiffs’ option to repurchase KD’s shares from the Company as stipulated in the Decision of Settlement issued by Central Jakarta Commercial Court dated 25 Mei 1999 No. 01/PKPU/1998/PN.Niaga.Jkt.Pst jo No. 01/
Pailit/1998/PN.Niaga.Jkt.Pst with respect to bankruptcy of KD.
value: - Material rp400,000,000,000 - Non-material rp450,000,000,000
Status The Company appealed for Counter Memory Cassation on 2 December 2015 7. Lawsuit of Illegal Act, Dispute of Shareholding and Dividend (338/Pdt.G/2010/PN.Jkt.Ut) Parties: WH (Plaintiff)
GMS (Defendant)
The Company (Co-Defendant)
Subject: The Plaintiff has resigned from the position as Commissioner of GMS. The Plantiff therefore declared the acquittal from responsibilities as PG over GMS’ debts in the Bank. In the lawsuit, the Plaintiff also requested security seizure for a part of a parcel of land that was intended to be used as collateral for the Company.
value: Material rp13.500.000.000
Status The Company appealed for Counter Memory Cassation on 8 February 2013
8. Lawsuit of Illegal Act (180/Pdt.G/2008/PN.Jkt.Pst) Parties: DMZ (Plaintiff I)
STM (Plaintiff II) JCM (Plaintiff III) PNK (Plaintiff Iv) KNv (Plaintiff v) rSv (Plaintiff vI) SNv(Plaintiff vII) rM (Defendant I) DSrA (Defendant II)
The Company (Co-Defendant)
Subject: The Plaintiffs motioned the lawsuit for not receiving a vehicle from Defendant I and demanded for Defendant I to pay its liabilities in full to Co-Defendant and submitted the request to annul Loan Agreement with Co-Defendant
value: Material rp19,500,000,000
Status The Company appealed for Counter Memory Cassation on 16 June 2013 9. Lawsuit of Illegal Act (175/Pdt.G/1998/PN.Jkt.Pst)
Parties: WM (Plaintiff) PE (Defendant I)
The Company (Defendant II) BTA (Defendant III)
BUN (Defendant Iv) DH (Defendant v) BCD (Defendant vI) BUS (Defendant vII) BB (Defendant vIII) SGP (Defendant IX) BS (Defendant X) BEI (Defendant XI) SAN (Defendant XII)
Subject: Termination of syndicated loan facility due to debtor failure to meet the obligations.
value: rp500,000,000,000
Status The Company appealed for Counter Memory Cassation on 26 May 2001
Litigations Involving the Company and Subsidiaries
10. Lawsuit of Illegal Act (255/PDT.G/2008/PN.Jkt.Pst) Parties: II, IIM, DPP, KS (Plaintiffs)
BGI (Defendant I) IS (Defendant II) rHIS (Defendant III) B (Defendant Iv) ISB (Defendant v) rS (Defendant vI) HS (Defendant vII) S (Defendant vIII) KAP TTHr (Defendant IX) TI (Defendant X)
JS (Defendant XI)
KCrI now MI (Defendant XII) KKH ST (Defendant XIII) HT (Defendant XIv) FH (Defendant Xv) APS (Defendant XvI)
The Company (Defendant XvII)
Subject: Plaintiffs motioned a lawsuit claiming that the Company as the trustee agent in the issuance of subordinated bonds I BGI has committed illegal act.
value: - Material rp10,600,000,000 - Immateriil rp400,000,000,000
Status The Company appealed for Counter Memory Cassation on 17 May 2013
11. Countersuit concerning Debtor’s Collateral Auction (365/PDT.G/2013/PN.Sby jo 886/Pdt.Plw/2013/
PN.Sby)
Parties: S & TS (Plaintiffs)
The Company (Defendant I) KPKNL (Defendant II) TI (Defendant III) HA (Defendant Iv) AZA (Defendant v) SPS (Defendant vI) BPN (Co-Defendant)
Subject: Lawsuit to postpone and cancel the auction concerning the execution of mortgage right value: Material rp15,891,636,000
Status The Company submitted Memory of Appeal in December 2013