CASES
Throughout 2021, the Bank was involved in numerous important civil and criminal cases. In the civil cases, the Bank acts as a Defendant; whereas in the criminal cases the Bank was a Reported Party. The details of the cases (excluding Sharia cases, which are disclosed in the Sharia Business Unit Governance Report) are as follows:
Legal Issue
Total
Civil Cases Criminal Cases
2021 2020 2021 2020
Legal Cases 230 220 17 11
Settled Cases (Final and Legally Binding) 85 66 4 -
Cases in Settlement Process (as of December) 145 154 13 11
IMPORTANT CASES INVOLVING THE BANK
During 2021, several cases that involves the Bank with value over IDR10 billion including the quantitative risk information are as follows:
No Case Subject Status Risk
Encountered by the Bank
Efforts of the Bank’s Management
Imposed
Sanctions Case Value 1. Lawsuit No 572/
PDT.G/2018/PN.JKT.
SEL between BKPL (Plaintiff) andBank (Defendant)
Cancellation of Addendum to Credit Agreement
Cassation at the Supreme Court of the Republic of Indonesia
Compensation of the value of the lawsuit
Maximum effort has been carried out to reach an amicable settlement between the parties. The Bank is currently waiting for the lawsuit to be revoked
N/A Material:
Rp34,818,314,000 Immaterial:
Rp50,000,000,000
2. Lawsuit No.359/
Pdt.G/2019/PN.Jkt.
Sel between IH (Plaintiff I) IRMAS (Plaintiff II) andBank (Defendant I)
Debtor defaulted and filed a lawsuit for the cancellation of an auction
Appeal to the High Court of DKI Jakarta
Compensation of the value of the lawsuit
The Bank has prevailed in the District Court and the plaintiffs filed an Appeal.
The Bank will follow the Appeal process and carry out maximum legal efforts to support its position
N/A Material:
Rp110,000,000,000 Immaterial:
Rp100,000,000,000
3. Lawsuit No. 134/
PDT.G/2019/
PN.Dpk between HM (Plaintiff) andBank (Defendant I)
Claims from customers regarding withdrawal of deposits
Cassation at the Supreme Court of the Republic of Indonesia
Compensation of the value of the lawsuit to be paid with other Defendants
The Bank has prevailed in the High Court and the plaintiffs filed a Cassation. The Bank will follow the Cassation process and carry out maximum legal efforts to support its position
N/A Material:
Rp114,769,504,954 Immaterial:
Rp150,000,000,000
4. Lawsuit No. 16/
PDT.G/2020/PN.Skh between
SCG (Plaintiff) andBank (Defendant I)
Debtor defaulted and filed a lawsuit for the cancellation of an auction
Cassation at the Supreme Court of the Republic of Indonesia
Compensation of the value of the lawsuit to be paid with other Defendants
The Bank has prevailed in the High Court and the plaintiffs filed a Cassation. The Bank will follow the Cassation process and carry out maximum
N/A Material and
Immaterial:
Rp60,000,000,000
No Case Subject Status Risk Encountered
by the Bank
Efforts of the Bank’s Management
Imposed
Sanctions Case Value 5. Lawsuit No.206/
Pdt.G/2020/Pn.Dpk between
MAK (Plaintiff) andBank (Defendant V)
Lawsuit regarding collateral ownership from the Plaintiff to Defendant I where it is deemed null and void which subsequently making the object pledged as collateral to the Bank null and void
Appeal in the High Court of Bandung
Compensation of the value of the lawsuit to be paid with other Defendants
The Bank has lost in the District Court and filed an Appeal. The Bank will follow the Appeal process and carry out maximum legal efforts to support its position
N/A Material : Rp22,764,520,000
6. Lawsuit No.1004/
PDT.G/2020/PN.JKT.
SEL between NKBC (Plaintiff) andBank (Defendant)
Lawsuit brought by a former employee that alleges the Bank acted illegally by ignoring the Plaintiff’s opinion on internal policy
In the District Court of South Jakarta
Compensation of the value of the lawsuit
The Bank has prevailed in the District Court.
Currently, the Bank is monitoring further legal action by the Plaintiff.
N/A Material:
Rp25,000,000,000 Immaterial:
Rp10,000,000,000
7. Lawsuit No.666/
Pdt.G/2020/PN Jkt.Pst between DKU (Plaintiff) andBank (Defendant)
The Plaintiff claims that the Bank has committed an unlawful act because the fiduciary process carried out by the Bank on the Plaintiff's collateral did not meet the requirements of the relevant laws
Appeal to the High Court of DKI Jakarta
Compensation of the value of the lawsuit
The Bank has won in the District Court and the plaintiffs filed an Appeal. The Bank will follow the Appeal process and carry out maximum legal efforts to support the bank’s position
N/A Material:
Rp109,468,075,179,13 Immaterial:
Rp150,000,000,000
8. Lawsuit No. 131/
Pdt.G/2021/PN.Skt between SBH (Plaintiff I) LA (Plaintiff II) andBank (Defendant I)
The plaintiffs claimed to be intimidated by the Bank regarding vacating the collateral object that will be executed
In the District Court of Surakarta
Compensation of the value of the lawsuit to be paid with other Defendants
The Bank will follow the court process and carry out maximum legal efforts to support its position
N/A Material and
Immaterial:
Rp20,000,000,000
9. Lawsuit No. 308/
Pdt.G/2021/PN.Jkt.
Sel between CP (Plaintiff) andBank (Defendant VI)
Lawsuits brought by third parties regarding cessie made by the Bank
In the District Court of South Jakarta
The registration of the first rank Mortgage on behalf of the plaintiff, and compensation of the value of the lawsuit
The Bank will follow the court process and carry out maximum legal efforts to support its position
N/A Material:
Rp7,823,907,261.36 + USD1,893,450.07 Immaterial:
Rp5,000,000,000
10. Lawsuit No. 783/
Pdt.G/2021/PN.Jkt.
Brt between DS (Plaintiff) andBank (Defendant II)
Lawsuits regarding cancellation of Credit agreements and auction of collateral objects
In the District Court of West Jakarta
Compensation of the value of the lawsuit
The Bank will follow the court process and carry out maximum legal efforts to support its position
N/A Material:
Rp406,888,957,188.5 + USD22,877,290.91 Immaterial:
Rp200,000,000,000
11. Lawsuit No. 51/
Pdt.G/2021/PN.Lmj between
AN (Plaintiff I) SK (Plaintiff II) andBank (Defendant I)
Lawsuit regarding cancellation of Cessie
In the District Court of Lumajang
Compensation of the value of the lawsuit
The Bank will follow the court process and carry out maximum legal efforts to support its position
N/A Material:
Rp48,019,000,000
No Case Subject Status Risk Encountered
by the Bank
Efforts of the Bank’s Management
Imposed
Sanctions Case Value 12. Lawsuit No.109/
Pdt.G/2019/PN Jkt.
Tim between DJ (Plaintiff) andBank (Defendant)
The plaintiff was a defaulting debtor of the Bank and the Bank conducted an auction of the collateral
Appeal to the High Court of DKI Jakarta
Compensation of the value of the lawsuit
The Bank has prevailed in the District Court and the plaintiffs filed an Appeal.
The Bank will follow the Appeal process and carry out maximum legal efforts to support its position
N/A Material:
Rp11,400,000,000
13. Lawsuit No. 348/
Pdt.G/2021/PN.Jkt.
Pst between SM (Plaintiff I) AS (Plaintiff II) SL (Plaintiff III) andBank (Defendant I)
Lawsuit regarding an Unlawful Act, in which the Plaintiffs objected to the auction limit of the Plaintiffs’
assets used as collateral by the Bank
In the District Court of Central Jakarta
Compensation of the value of the lawsuit
The Bank will follow the court process and carry out maximum legal efforts to support the bank’s position
N/A Material:
Rp12,000,000,000 Immaterial:
Rp3,000,000,000
14. Lawsuit No. 32/
PDT.G/2021/PN.Jkt.
Brt between BHN (Plaintiff) andBank (Co-Defendant I)
Lawsuit regarding an Unlawful Act related to the transfer of ownership rights to land and a building belonging to the Plaintiff to Defendant II.
Since the Loan of Defendant II is not performing, the bank is planning execute the object of the collateral.
In the District Court of West Jakarta
Loss of collateral object
The Bank has made maximum efforts so that the District Court has issued a verdict that wins the Bank. Currently, the Bank is monitoring any potential further legal action that might be brought by the Plaintiff
N/A Material:
Rp15,685,336,000 Immaterial:
Rp10,000,000,000
15. Lawsuit No.480/
Pdt.G/2020/PN.Jkt.
Utr between GS (Plaintiff) and Bank (Defendant)
Lawsuit regarding the cancellation of a debtor’s collateral auction
Appeal to the High Court of DKI Jakarta
The debtor’s collateral auction is rendered null and void
The Bank has prevailed in the District Court.
The Plaintiff filed an Appeal and is currently awaiting the verdict
N/A Rp91.152.038.625,87
16. Lawsuit No. 902/
PDT.G/2019/PN.Jkt.
Sel between IB (Plaintiff) and Bank (Defendant I)
Lawsuit regarding the cancellation of a debtor’s collateral auction
Appeal to the High Court of DKI Jakarta
Compensation of the value of the lawsuit
The Bank has prepared for the plaintiff’s Appeal and is currently waiting for the decision of the court
N/A Material and
Immaterial:
Rp100,000,000,000
17. Lawsuit No.359/
Pdt.G/2021/PN.Sby between KS (Plaintiff I) NLN (Plaintiff II) and Bank (Defendant)
Debtors defaulted and filed a lawsuit for the cancellation of an auction
In the District Court of Surabaya
Compensation of the value of the lawsuit
The Bank has done maximum efforts on the district court level to win and is currently doing a monitoring action for legal remedies from the plaintiffs
N/A Material:
Rp19,357,142,857 Immaterial:
Rp50,000,000,000
No Case Subject Status Risk Encountered
by the Bank
Efforts of the Bank’s Management
Imposed
Sanctions Case Value 18. Lawsuit No. 644/
Pdt.G/2021/PN.Jkt.
Sel between RS (Plaintiff) and Bank (Defendant I)
The plaintiff alleged that the Bank committed an unlawful act because the debtor’s credit facility was declared non-performing without delivering proper measures to rescue the credit
In the District Court of South Jakarta
Compensation of the value of the lawsuit
The Bank has prepared evidence to support its position
N/A Immaterial:
Rp18,000,000,000
There is no criminal case with claim exceeding IDR10 Bio during 2021.