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Reject Bankruptcy, Telkomsel Submit Appeal

9:38:28 | 21 Sep 2012
Reject Bankruptcy, Telkomsel Submit Appeal
Telkomsel (dok.web)
Angkasa Pura 2
JAKARTA (Indotelko) – Telkomsel confirmed its plan to fight against bankruptcy decision from Central Jakarta Commercial court. Indonesia incumbent telecommunication operator has officially filed case appeal to the Supreme Court by today (21/9) morning

“Appeal registration was sent at 11.00 WIB to the court. It’s very reasonable for us to appeal. In our point of view, Telkomsel bankruptcy decision is very inappropriate regarding some facts are ignored by the court,” law attorney of Telkomsel, Ricardo Simanjuntak said.

He expresses some facts are ignored. First, PT Prima Jaya consider not able to fulfill their own obligation to sold 120 million unit prepaid voucher and 10 million unit SIM Card within one year.

“Our contract with PT Prima start since June 1st, 2012 and will be ended on June 1st 2013. We see PT Prima is not able to fulfill our target to sell prepaid vouchers and SIM Card. This is the reason why we are no longer cooperate with PT Prima and stop supplying sport theme voucher and SIM Card,” jelasnya.

Other reason, he added, PT Prima violate the agreement by selling sports theme voucher and SIM Card to the public. It supposed to be sold to their sports community member only.

“Initially there was an agreement between Telkomsel and Indonesia Sports Foundation (YOI) to help their 10 million members. YOI appointed PT Prima with revenue sharing mechanism. It turns out the product is not sold to the community. It was sold to the public,” he said.

Another fact that is not seen by the court is that the payable isn’t happened yet because Telkomsel never give any product to PT Prima. “We gave nothing yet. Where did the debt arise then? They supposed to ask about opportunity lost,” he explained.

Last fact that has been ignored by the court is the evidence of debt transfer document to other creditor. Although they only able to showed copy of the evidences which equivalent to the original one.

“Copy of the document which equivalent to the original one is considered legitimate by the law. We use it to do money transfer through bank. That evidence also signed and authorized by bank officer’s own hand,” he said.

Furthermore he said, the curator has begun to enter into Telkomsel’s office and talk with management. “Directors explained about Telkomsel’s healthy financial and highly profitable,” he explained. Although Telkomsel is under control of the curator but the company does not lose their civil right.

“Curator allowed company to run all activities related to gain revenue and benefit. Therefore Telkomsel service will not be disturbed, as well as business partners,” he said. Although it has to run by director approval, everything related to strategic matters should be under agreement with the curators.

“We ask the curators to allowed us signed every agreement of specific value. This is because Telkomsel is very vast service areas, not all company agreement can be signed directly by the curators,” he said.

He explained that curator duty is to verify every asset and supervised. “That’s why they came, to make sure the company really healthy financially,” he said.

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Regarding the schedule of appeal hearing, Ricardo said the announcement is maximum 14 days. “First, the court will send the copy of the appeal document to PT Prima, followed by other process. The schedule is out maximum 14 days after we filed the document to the court,” he explained.

State Enterprise Minister, Dahlan Iskan, support the steps taken by Telkomsel to fight via legal channel in order not bankrupted.

“They were careless yesterday. The evidence of money transferred is only a copy, not legalized. Now the evidence has been legalized, so there is no reason to lose,” Dahlan said. (ss)

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