Annex 9

ANNEX 9
VERDICT
NUMBER: 1059/PID.B/2009/PN.Jkt.Pst.
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DEFENDANT : ROBERT TANTULAR, MBA

DATE OF VERDICT : Thursday, September 10, 2009
CHIEF JUDGE : SUGENG RIYONO, S.H., M.Hum

JUDGE : RENO LISTOWO, S.H,M.H.
JUDGE : HERDI AGUSTEN, S.H.,M.H.
DEPUTY REGISTRAR : PARMIN, S.H.
PROSECUTOR : TEGUH SUHENDRO,S.H.
VV EE RR DD II CC TT
Number 1059/PID.B/2009/PN.Jkt.Pst.
“For Justice Based On the Almighty God”
The Central Jakarta District Court has hereby investigated,
brought to justice and made the verdict upon the following Defendant:
Full Name : ROBERT TANTULAR, MBA
Place of Birth : Jakarta
Age/Date Of Birth : 46 years/September 12, 1962
Gender : Male
Nationality : Indonesia
Religion : Christian
Occupation : President Director of PT. Century Mega
Investindo
Address : Jl. Simprug Golf 14 Kav. A1/10, RT/RW
02/08, Sub-district of. Grogol Selatan,
District of Kebayoran Lama, Jakarta Selatan
Education : S2 (Master/Graduate Degree)
The defendant has been placed under arrest at the State
Penitentiary by the following:
- The court investigator as of 26 November 2008 until 15
December 2008;
- Extended by the Prosecutor from 16 December 2008 until 24
January 2009;
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- Extended by the Central Jakarta District Court from 25
January 2009 until 23 February 2009;
- Extended further by the Central Jakarta District Court from
24 February 2009 until 25 March 2009;
- Placed under arrest by the Prosecutor from 26 March 2009
until 13 April 2009
- Arrest period extended by the Central Jakarta District Court
from 14 April until 13 May 2009.
- Extended by the Judge from 6 May 2009 until 4 June 2009
- Extended by the Deputy Chief Judge from 5 June 2009 until 3
August 2009
- Extended by the Deputy Chief Judge of the Jakarta High Court
from 4 August 2009 until 2 September 2009
- Extended by the Deputy Chief Judge of the Jakarta High Court
from 3 September 2009 until 2 October 2009
Defendant was accompanied by legal counsels: Harry Kailimang,
S.H.,M.H., Harry Ponto, S.H.,M.H., Bambang Hartono, S.H.,M.H.,
Desmayani S.,S.H., M.Kn.. Advocates of the Kailimang & Ponto
Law Firm, Menara Kuningan, Lt. 14/A, Jl. HR Rasuna Said, Blok
X-7 Kav. 5 Jakarta 12940, acting in accordance to the special
warrant dated 18 May 2009 and T. Triyanto, S.H., C.N.,
Pujiati, S.H., advocate and lawyer, addressed at Jl. Cikini
Raya Number 39 Jakarta, also acting in accordance to the
special warrant dated 18 June 2009;
The District Court:
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Has read all the lawsuit documents;
Has received and heard the testimonies of witnesses and
the defendant;
Has heard the indictment of the Prosecutor, in which the
main point is to plead to the Judge Council to sentence the
Defendant with the following:
1. To charge the Defendant ROBERT TANTULAR guilty of committing
a felony in banking, acting in his position as stockholder
deliberately consorting with the bank employees by issuing
orders to commit actions that resulted in the bank failing
to undertake the necessary measures in order to ensure the
bank’s compliance with the laws and regulations of banking
as stated in the first indictment violating Article 50A of
Law Number 10 Year 1998 On The Amendment Of Law Number 7
Year 1992 On Banking Jo Article 55 Paragraph (1) Of The
Penal Code and the second indictment violating Article 50A
of Law Number 10 Year 1998 On The Amendment Of Law Number 7
Year 1992 On Banking Jo Article 55 Paragraph (1) of the
Penal Code Jo Article 65 of the Penal Code and as the
affiliated party committing a crime deliberately and
collectively by failing to undertake the necessary measures
in order to ensure the bank’s compliance to the laws and
regulations of banking as stated in the first indictment
violating Article 50 of Law Number 10 Year 1998 On The
Amendment Of Law Number 7 Year 1992 On Banking Jo Article
55 Paragraph (1) Of The Penal Code.
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2. To sentence the Defendant ROBERT TANTULAR guilty of crime
and imprisonment of 8 (eight) years reduced by the amount
of time the Defendant has already spent under previous
arrest, with the order stating the Defendant remains to be
put under custody and a penalty of IDR 50.000.000.000,-
(fifty billion rupiahs) with the option of 5 (five) months
imprisonment.
3. To declare evidence in the form of:
1. Confiscated from DJOKO HERTANTO INDRA, in the form of:
a. 17 (seventeen) pieces of letters/1 set of 17 letters
comprising of (To The Commissioner and Directors of
Bank Century dated October 18, 2005, and First Gulf
Asia Holdings Limited dated October 17, 2009 signed
by Rafat A. Rizvi, and ABN AMRO Private Banking
dated October 18, 2005 and Asset Pledge Agreement
dated October 2005 signed by Hesham Al Warraq).
Legalized copy from Bank Century.
b. 1 set of 6 pieces of letters comprising of (March
21, 2006, and the Minutes of Meeting, Tuesday March
21, 2006, and Transfer of Securities number TSY
013/III/2006, dated March 22, 2006, and number TSY
014/III/2006, dated March 22, 2006). Legalized copy
from Bank Century.
c. 1 set of 32 pieces of letters comprising of
(Confirming Letter Of Credit Facility dated January
15, 2003, and Secured Credit Line Arrangement Agreement
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dated January 31, 2003 in English, and Asset Pledge
Agreement dated January 31, 2003, and Memo and
Secured Credit Line Arrangement Agreement dated
January 30, 2003 and Bank CIC dated March 27, 2003,
and Chinkara dated April 3, 2003, and Chinkara dated
March 18, 2003, and Addendum Agreement dated June 1,
2003, and Credit Facility Agreement dated July 17,
2003). Legalized copy from Bank Century.
d. 1 set of 2 pieces of letters comprising of (Chinkara
dated March 15, 2004 and April 2, 2004). Legalized
copy from Bank Century.
e. 2 pieces of letters from Bank Century signed by
Hermanus H.M. Legalized copy from Bank Century.
And in the form of:
a. 15 legalized copies of PT. Bank Century Asset
Management Agreement PT. Bank Century and Telltop
Holdings LTD dated February 17, 2006.
b. 2 copies of Bank Century’s Board of Directors’ Decree
Number 69.1/SK.DIR/Century/X/06 dated October 30,
2006 on the Treasury’s Operational Rules & Procedures
for Money Market & Securities.
c. 1 (one) copy of the Treasury’s Operational Rules &
Procedures for Money Market & Securities year 2006.
And in the form of:
a. A copy of an RTGS transaction document dated September
25, 2006 regarding a transfer of IDR 30.000.000.000
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(thirty billion rupiahs) from the Bank Century account
number 523095000 to the BCA JSX branch account.
b. A copy of a letter from PT. Kuo Capital Raharja to
Bank Century, Tbk reference number: 007/IB/XII/05
dated December 28, 2005 regarding a request for an
advanced deposit placement to the amount of IDR
40.000.000.000 (forty billion rupiahs) for the purchase
of a bond to the BCA JSX Branch account number
458.300-6845.
c. A copy of a letter from PT. Kuo Capital Raharja to
Bank Century, Tbk dated January 6, 2006 regarding a
postponing notice for the purchase of corporate
securities and a discretionary funds management
proposal concerning investments in corporate securities.
d. A copy of an RTGS transaction document dated December
(forty billion rupiahs) from the Bank Century account
number 523095000 to the BCA JSX branch account
registered to PT. Kuo Capital Raharja.
e. A copy of a memorandum from the Treasury Division
(DJOKO H. INDRA) to the Bank Century’s Board Of
Directors/Commissioner dated January 10, 2006 regarding
an approval request for a funds placement to the sum
of IDR 40.000.000.000 (forty billion rupiahs) for a
funds management investment.
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f. A copy of a discretionary funds contract number
010/KPD-IB/I/06 dated January 10, 2006 between PT.
Bank Century as the Investor and PT. Kuo Capital
Raharja as the Investment Manager.
g. A copy of a memorandum from the Treasury Division
Directors/Commissioner dated June 9, 2006 regarding
an approval request for an additional funds placement
to the sum of IDR 20.000.000.000 (twenty billion
rupiahs) for a funds management investment, hence the
total funds invested amount to IDR 60.000.000.000
(sixty billion rupiahs).
h. A copy of a discretionary funds contract number
012/KPD-IB/VI/06 dated June 13, 2006 between PT.
i. A copy of a facsimile transmittal sheet dated June
13, 2006 from PT. Kuo Capital Raharja to DJOKO H.
INDRA (Bank Century) regarding a funds transfer request
to the sum of IDR 20.000.000.000 (twenty billion
rupiahs) to PT. Kuo Capital Raharja’s BCA JSX Branch
account number 458.300-6845.
j. A copy of an RTGS transaction document dated June
(twenty billion rupiahs) from the Bank Century account
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2. Confiscated from HISBULLAH, S.E.,Ak., in the form of:
a. A legalized copy of the Letter of Commitments dated
October 15, 2008.
b. A legalized copy of the Letter of Commitments dated
November 16, 2008.
c. A copy of the Bank Indonesia Regulation Number
7/2/PBI/2005 on the Asset Quality Assessment for
Public Banks, as well as a Securities list owned by
PT. Bank Century dated September 29, 2008 and its
position as of November 20, 2008 and a rating list
of the Securities issuers.
d. A copy of the Bank Indonesia Regulation Number
10/25/PBI/2008 on the amendments of the Bank Indonesia
Regulation Number 10/19/PBI/2008 on the Public Banks’
Minimum Statutory Deposit at Bank Indonesia In Rupiah
and Foreign Currency, as well as the attachment of
the Minimum Statutory Deposit violation by PT. Bank
Century for the period of October 27, 2008 until
November 21, 2008.
e. A legalized copy of the letter from Bank Century to
Bank Indonesia Number 681/Century/D/XI/2008 dated
November 10, 2008 regarding Bank Century’s List of
Stockholders for the period October 31, 2008.
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f. A legalized copy of Act Number 176 dated June 30,
2005 regarding the decision statement from the annual
General Meeting of Stockholders.
g. A legalized copy of the letter from Bank Indonesia
to Bank Century Number 7/87/GBI/DPIP/Confidential,
dated October 26, 2005 regarding the decision on the
appointment of HERMANUS HASAN MUSLIM as Bank Century’s
President Director.
h. A legalized copy of the general audit report on Bank
Century as of March 31, 2006 by the Bank Supervision
Directorate 1, Bank Indonesia.
i. A legalized copy of the letter from Bank Indonesia
to the Bank Century Board of Directors Number
7/106/GBI/DPIP/Confidential, dated December 9, 2005
regarding the decision of the owner and previous
stockholder of PT. Bank Century, Tbk. approving HESHAM
AL WARRAQ as the owner and current stockholder.
j. A legalized copy of the letter from Bank Indonesia
8/123/GBI/DPIP/Confidential, dated October 2, 2006
regarding the decision on the appointment of PT. Bank
Century’s upper management, in which it approves the
appointment of HESHAM AL WARRAQ as member of the
Board of Commissioners and KRISNA JATEESEN as member
of the Board of Directors.
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k. A legalized copy of the letter from Bank Indonesia
Number 7/121/DPWB1/PWB11/Confidential dated December
22, 2005 regarding the commitment on the sale of
foreign currency securities, in which it states the
request to the Controlling Stock Holders (HESHAM AL
WARRAQ and RAFAT ALI RIZVI) where it was conveyed
through Bank Century that the controlling stockholders
fulfill their commitment which they made during the
October 3 and 4 meeting in regards to the sale of
foreign currency securities, as late as December 31,
2005.
l. A legalized copy of the letter from Bank Indonesia
Number 8/9/DPB1 dated April 4, 2006 regarding the
settlement commitment of Bank Century’s Foreign Currency
Securities, in which it states the request upon the
Controlling Stock Holders (HESHAM AL WARRAQ and
RAFAT ALI RIZVI), where it was conveyed through Bank
Century the US Treasury Strip securities to the sum
of USD 70 Million to Bank Century before April 7, 2006.
m. A legalized copy of the letter from Bank Indonesia
Number8/63/DPB1/Confidential dated June 7, 2006 to
the Controlling Stock Holder (HESHAM AL WARRAQ) and
RAFAT ALI RIZVI, which was delivered via Bank Century
the commitment to return the US Treasury Notes,
Interbank CD and additional paid-in capital for Bank
Century, in which it states the returning of US
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Treasury Strips to the sum of USD 20.36 Million
(twenty million and three hundred and sixty thousand
dollars) and USD 4.32 Million (four million and three
hundred and twenty thousand dollars) immediately to
Bank Century.
n. A legalized copy of the letter from Bank Indonesia
10/57/DPB1/Confidential dated March 18, 2008,
regarding the liquidity state of Bank Century, which
states that Bank Century should take the necessary
measures of risk mitigation in order to avoid
liquidity issues.
o. A legalized copy of the letter from Bank Indonesia to
the Bank Century Board of Directors Number
10/78/DPB1/Confidential dated April 14, 2008 regarding
the issues settlement of Bank Century, in which it
requests the Controlling Stock holder and the foreign
currency securities issuer to settle Bank Century’s
securities issues.
p. A legalized copy of the letter from Bank Indonesia
10/119/DPB1/Confidential dated June 17, 2008 regarding
clarifies to the Board Of Directors to carry out
measures such as pressuring the Controlling Stock
Holder and RAFAT ALI RIZVI to return each and every
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Bank Century’s foreign currency securities that are
still in possession by the First Gulf Asia Holdings
Limited (FGAH), and requesting them to pay for every
non-performing foreign currency securities.
q. A legalized copy of the letter from Bank Indonesia
Number 10/152/DPB1/Confidential dated August 6, 2008
to the Controlling Stock Holder (HESHAM AL WARRAQ)
and RAFAT ALI RIZVI, which was delivered via Bank
Century regarding the securities that amount to USD
106 Million (one hundred and six million dollars)
with the maturity by 2008 and USD 87 Million (eighty
seven million dollars) in possession by the First
Gulf Asia Holdings Limited (FGAH). The contents of
the letter requests that the Controlling Stock Holder
and RAFAT ALI RIZVI pay for the securities about to
mature and return the ones that are still being kept
by the First Gulf Asia Holdings Limited (FGAH) to
Bank Century.
r. A legalized copy of the letter from Bank Indonesia
Number 10/163/DPB1/Confidential dated September 15,
2008 to the Controlling Stock Holder, which was
delivered via Bank Century regarding the settlement
for Bank Century’s non-performing Foreign currency
securities and assets. The content of the letter
shows a request to the Controlling Stock Holder to
pay for the Foreign currency securities in cash to
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the amount of USD 106 Million (one hundred and six
million dollars) which matured at 2008 to Bank
Century.
s. A legalized copy of the letter from Bank Indonesia to
10/169/DPB1/Confidential dated September 23, 2008
regarding the settlement concerning Bank Century’s
Foreign currency securities and Liquidity Issues.
The letter contains information such as the request
to the Board of Directors to pressure the Controlling
Stock Holder and RAFAT ALI RIZVI to return the
Foreign currency securities amounting to USD 87.28
Million (eighty seven million two hundred and eighty
thousand dollars).
t. A legalized copy of the letter from Bank Indonesia
10/171/DPB1/Confidential dated September 26, 2008 in
regards to Bank Century’s Liquidity and Rentability.
The letter contains information requesting the Board
of Directors to improve Bank Century’s Liquidity and
Rentability by immediate settlement for the Foreign
currency securities maturing at September 30, 2008
amounting to USD 23 Million (twenty three million
dollars) and for the trimester 2008 amounting to USD
83 Million (eighty three million dollars).
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u. A legalized copy of the letter from Bank Indonesia
10/175/DPB1/Confidential dated October 14, 2008
regarding Bank Century’s Liquidity. The contents
indicate a request made to the Board of Directors to
carry out urgent measures for the Controlling Stock
Holder to pay the Foreign currency securities that
matured on October 30, 2008 amounting to USD 11
Million (eleven million dollars) and USD 45 Million
(forty five million dollars) that matured on November
3, 2008, as well as urging the Controlling Stock
Holder to return USD 87.28 Million (eighty seven
million two hundred and eighty thousand dollars).
v. A legalized copy of the letter from Bank Indonesia to
10/181/DPB1/Confidential dated October 28, 2008
regarding Bank Century’s Rupiah Minimum Statutory
Deposit. The letter contains information such as
requesting the Board of Directors to urge the HESHAM
AL WARRAQ/Controlling Stock Holder, RAFAT ALI RIZVI
and ROBERT TANTULAR to immediately settle the securities
amounting to USD 188.40 Million (one hundred and
eighty eight million four hundred thousand dollars).
w. A legalized copy of the letter from Bank Indonesia
to HESHAM AL WARRAQ/Controlling Stock Holder, RAFAT
ALI RIZVI and ROBERT TANTULAR Number 10/185/-
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DPB1/Confidential dated October 29, 2008 regarding
the liquidity state of Bank Century, which requests
the stock holder to fulfill the commitment to pay in
cash all the securities, especially those that matured
on October 30, 2008 amounting to USD 11 Million
(eleven million dollars) and on November 3, 2008
amounting USD 45 Million (forty five million dollars).
x. A legalized copy of the letter from Bank Indonesia
10/537/DPB1/Confidential dated November 4, 2008
regarding the US Treasury Strip of Bank Century, which
urges the stock holder to settle the payment of the
foreign currency securities that matured on October
30, 2008 amounting to USD 11 Million (eleven million
dollars) and on November 3, 2008 amounting USD 45
Million (forty five million dollars), as well as
return the Bank’s foreign currency securities amounting
to USD 15.88 Million (fifteen million eighty eight
thousand dollars) which is in possession of the
First Gulf Asia Holdings Limited (FGAH).
And in the form of:
a. A copy of General Audit Report on PT. Bank CIC
Internasional, Tbk, position as of November 30, 2002.
b. A copy of General Audit Report on PT. Bank CIC
Internasional, Tbk, position as of November 30, 2003.
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c. A copy of Letter Number 6/65/DPwBi/PwB11/Confidential
dated October 14, 2004 regarding General Audit Report
on Bank Saudara, position as of November 30, 2003.
d. A copy of Letter Number 7/235/DPwB1/PwB11/Confidential
dated October 13, 2005 regarding Minutes of Meeting
between Bank Indonesia and PT. Bank Century Tbk.
e. A copy of Letter Number 8/4/DPwB1/PwB11/Confidential
dated January 18, 2006 regarding General Audit Report
on Bank Saudara, position as of February 28, 2006.
f. PT. Bank Century Tbk’s General Audit Report, position
as of February 28, 2005.
3. Confiscated from DEDDY TRYANA, in the form of:
a. 7 (seven) sheets of Decision of Minister of Justice
of the Republic of Indonesia Number C2-6196.HT.01.01.TH.89
dated July 12, 1989 and Supplement to State Gazette
of the Republic of Indonesia dated May 4, 1993
Number 36 (Legalized copy by PT. Bank Century).
b. 47 (forty seven) sheets of Decision of Minister of
Justice of the Republic of Indonesia Number C2-
2128.HT.01.04.TH.97 dated March 27, 1997 and Data of
Company’s Articles of Association Amendment Act and
Act Number 310 dated February 28, 1997 (Legalized
copy by PT. Bank Century).
c. 20 (twenty) sheets of Supplement to State Gazette of
the Republic of Indonesia Number 51 dated June 27,
1997 and Data of Company’s Articles of Association
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Amendment Act and Act Number 310 dated February 28,
1997 (Legalized copy by PT. Bank Century).
d. 10 (ten) sheets of Supplement to State Gazette of the
Republic of Indonesia Number 51 dated June 27, 1997
and Data of Company’s Articles of Association Amendment
Act and Act Number 351 dated January 29, 1997 (Legalized
e. 1 (one) sheet of Supplement to State Gazette of the
Republic of Indonesia Number 50 dated June 23, 1998
(Legalized copy by PT. Bank Century).
f. 5 (five) sheets of Decision of Minister of Justice
of the Republic of Indonesia Number C-10.641.HT.01.04.TH.99
dated June 8, 1999 and Data of Improvement Act Number
16 dated June 4, 1999 (Legalized copy by PT. Bank
Century).
g. 7 (seven) sheets of Act No 131 dated June 29, 1999
regarding Minutes of PT. Bank CIC Internasional Tbk
Extraordinary General Meeting of Stockholders (Legalized
h. 5 (five) sheets of Supplement to State Gazette of the
Republic of Indonesia Number 4 dated January 14,
2005 and Act Number 280 dated June 30, 2004 regarding
PT. Bank CIC Internasional Tbk’s Meeting Decision
Statement (Legalized copy by PT. Bank Century).
i. 10 (ten) sheets of Letter of Minister of Justice and
Human Rights of the Republic of Indonesia Number C-
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UM.02.01.8371 dated July 16, 2004 and Act Number 287
dated June 30, 2004 regarding Minutes of PT. Bank
CIC Internasional Tbk Annual General Meeting of
Stockholders (Legalized copy by PT. Bank Century).
j. 17 (seventeen) sheets of Act No 145 dated October
22, 2004 regarding Minutes of PT. Bank CIC
Internasional Tbk Extraordinary General Meeting of
k. 6 (six) sheets of Act No 163 dated October 25, 2004
regarding Meeting Decision Statement (Legalized copy
by PT. Bank Century).
l. 12 (twelve) sheets of Letter of Minister of Justice
and Human Rights of the Republic of Indonesia Number
C-27359.HT.01.01.TH.2004 dated November 2, 2004 and
Act Number 287 dated June 30, 2004 regarding Acceptance
of Report on PT. Bank CIC Internasional Tbk’s
Articles of Association Amendment Act and Act Number
160 dated October 22, 2004 regarding PT. Bank CIC
Internasional Tbk’s Meeting Decision Statement
m. 21 (twenty one) sheets of Act No 158 dated October
22, 2004 regarding Merger Act of PT. Bank Danpac Tbk
and PT. Bank Pikko into PT. Bank CIC Internasional
Tbk (Legalized copy by PT. Bank Century).
n. 6 (six) sheets of Act No 136 dated November 26, 2004
regarding Addendum to Merger Act of PT. Bank Danpac
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Tbk and PT. Bank Pikko into PT. Bank CIC Internasional
Tbk (Legalized copy by PT. Bank Century).
o. 5 (five) sheets of Act No 142 dated November 26,
2004 regarding PT. Bank CIC Internasional Tbk’s
Meeting Decision Statement (Legalized copy by PT.
Bank Century).
p. 8 (eight) sheets of Letter of Minister of Justice
C-UM.02.01.15105 dated December 16, 2004 regarding
Acceptance of Notification of Change to PT. Bank CIC
Internasional Tbk’s Board of Directors/Commissioners
and Act Number 84 dated December 15, 2004 regarding
q. 11 (eleven) sheets of Letter of Minister of Justice
C-20789 HT.01.04.TH.2005 dated July 27, 2005 regarding
Approval of PT. Bank CIC Internasional Tbk’s Articles
of Association Amendment Act and Act Number 159
dated June 29, 2005 regarding Minutes of PT. Bank
CIC Internasional Tbk’s Extraordinary General Meeting
of Stockholders (Legalized copy by PT. Bank Century).
r. 24 (twenty four) sheets of Act Number 158 dated June
29, 2005 regarding Minutes of PT. Bank Century Tbk
Annual General Meeting of Stockholders (Legalized copy
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s. 9 (nine) sheets of Letter of Minister of Justice and
UM.02.01.12342 dated August 24, 2004 regarding
Acceptance of Notification of Change to PT. Bank
Century Tbk’s Board of Directors/Commissioners and
Act Number 176 dated June 20, 2005 regarding PT. Bank
Century’s Annual General Meeting of Stockholders
t. 11 (eleven) sheets of Act No 231 dated June 29, 2006
regarding Minutes of PT. Bank Century Tbk Annual
General Meeting of Stockholders (Legalized copy by
PT. Bank Century).
u. 9 (nine) sheets of Letter of Minister of Justice and
UM.02.01.12157 dated July 17, 2006 regarding Acceptance
Notification of Change to PT. Bank Century Tbk’s
Board of Directors/Commissioners and Act Number 39
dated July 11, 2006 regarding Meeting Decision
Statement of PT. Bank Century’s Annual General Meeting
v. 11 (eleven) sheets of Letter of Minister of Justice
W7-HT.01.10.9175 dated June 25, 2007 regarding
Acceptance Notification of Change to PT. Bank Century
Tbk’s Board of Directors/Commissioners and Act
Number 22 dated June 5, 2007 regarding Minutes of
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PT. Bank Century Tbk Annual General Meeting of
w. 7 (seven) sheets of Act Number 23 dated June 5, 2007
PT. Bank Century).
x. 7 (seven) sheets of Act Number 113 dated June 12,
2008 regarding Minutes of PT. Bank Century Tbk Annual
PT. Bank Century).
y. 10 (ten) sheets of Act Number 112 dated June 12, 2008
PT. Bank Century).
z. 2 (two) sheets of Letter Number 245/Century/D/III/2006
dated March 24, 2006 regarding Minutes of Meeting
with the Central Bank of Indonesia (Legalized copy
aa. 2 (two) sheets of Letter Number 229/Century/D/II/2006
dated March 17, 2006 regarding Invitation from the
Central Bank of Indonesia (Legalized copy by PT.
Bank Century).
bb. 1 (one) sheet of Letter Number 254/Century/D/IV/2006
dated April 4, 2006 regarding Invitation from the
Bank Century).
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cc. 1 (one) sheet of Letter Number 495/Century/D/VII/2006
dated July 17, 2006 regarding Invitation from the
Bank Century).
dd. 1 (one) sheet of Letter Number 494/Century/D/VII/2006
Bank Century).
ee. 2 (two) sheets of Letter Number 314/Century/D/V/2006
dated May 2, 2006 regarding Invitation from the
Bank Century).
ff. 1 (one) sheet of Letter Number 494/Century/D/VII/2006
Bank Century).
gg. 1 (one) sheet of Letter Number 495/Century/D/VII/2006
Bank Century).
hh. 1 (one) sheet of Letter Number 694/Century/D/XI/2006
dated November 1, 2006 regarding Invitation from the
Bank Century).
ii. 2 (two) sheets of Letter Number 695/Century/D/XI/2006
dated November 1, 2006 regarding Invitation from the
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Bank Century).
jj. 1 (one) sheet of Letter Number 800/Century/D/XII/2006
dated December 28, 2006 regarding Response to the
letter from Bank Indonesia (Legalized copy by PT.
Bank Century).
kk. 1 (one) sheet of Letter Number 641/Century/D/VIII/2007
dated August 22, 2007 regarding Meeting Invitation
from the Central Bank of Indonesia (Legalized copy
ll. 1 (one) sheet of Letter Number 642/Century/D/VIII/2007
dated August 22, 2007 regarding Meeting Invitation
from the Central Bank of Indonesia (Legalized copy
mm. 1 (one) sheet of Letter Number 215/Century/D/IV/2008
dated April 17, 2008 regarding Response to the
Letter from Bank Indonesia (Legalized copy by PT.
Bank Century).
nn. 1 (one) sheet of Letter Number 331.2/Century/D/VI/2008
dated June 2, 2008 regarding Reminder for Response
to the Letter from Bank Indonesia (Legalized copy by
PT. Bank Century).
oo. 1 (one) sheet of Letter Number 341.4/Century/D/VI/2008
dated June 9, 2008 regarding Reminder for Results of
the Meeting with Bank Indonesia (Legalized copy by
PT. Bank Century).
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pp. 1 (one) sheet of Letter Number 580/Century/D/IX/2008
dated September 23, 2008 regarding Settlement of USD
Marketable Securities (Legalized copy by PT. Bank
Century).
qq. 1 (one) sheet of Letter Number 581/Century/D/IX/2008
dated September 23, 2008 regarding Settlement of USD
Century).
rr. 1 (one) sheet of Letter Number 626/Century/D/X/2008
dated October 28, 2008 regarding Progress of the
Letter of Commitment (Legalized copy by PT. Bank
Century).
ss. 1 (one) sheet of Letter Number 627/Century/D/X/2008
dated October 28, 2008 regarding Progress of the
Century).
tt. 1 (one) sheet of Letter Number 738/Century/D/XI/2008
dated November 19, 2008 regarding Mandatory
Supervisory Action for the Bank (Legalized copy by
PT. Bank Century).
uu. 1 (one) sheet of Letter Number 738.1/Century/D/XI/2008
dated November 19, 2008 regarding Mandatory Supervisory
Action for the Bank (Legalized copy by PT. Bank Century).
And in the form of:
a. 5 (five) sheets of Financial Statements Publication
year 2000 (Legalized copy by PT. Bank Century).
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b. 4 (four) sheets of Financial Statements Publication
c. 4 (four) sheets of Financial Statements Publication
d. 4 (four) sheets of Financial Statements Publication
e. 5 (five) sheets of Financial Statements Publication
f. 4 (four) sheets of Financial Statements Publication
g. 4 (four) sheets of Financial Statements Publication
h. 4 (four) sheets of Financial Statements Publication
i. 3 (three) sheets of Financial Statements Publication
j. 2 (two) sheets of Letter of Bank Century Number:
389/Century/D/VI/2006 dated June 1, 2006 (Legalized
k. 4 (four) sheets of Letter of Bank Century Number:
383/Century/D/VI/2006 dated May 30, 2006 (Legalized
l. 2 (two) sheets of Letter of Bank Century Number:
25
m. 3 (three) sheets of Letter of Bank Century Number:
n. 6 (six) sheets of Letter of Bank Century Number:
107/Century/D/II/2006 dated February 13, 2006
o. 2 (two) sheets of Letter of Bank Century Number:
078/Century/D/I/2006 dated January 27, 2006
p. 2 (two) sheets of Letter of Bank Century Number:
418/Century/D/IV/2006 dated April 15, 2006.
q. 10 (ten) sheets of Letter of Bank Century Number:
144/Century/D/IV/2006 dated April 2, 2006.
r. 3 (three) sheets of Letter of Bank Century Number:
274/CIC/D/VI/2003 dated June 23, 2003 (Legalized
s. 9 (nine) sheets of Letter of Bank Century Number:
205/CIC/D/V/2003 dated May 19, 2003.
t. 20 (twenty) sheets of Letter of Bank Century Number:
038/CIC/D/I/2003 dated January 29, 2003 (Legalized
5. Confiscated from TIAN IE TUNG, in the form of:
- 1 (one) legalized copy of Introduction Letter Number
030935 dated November 13th 2008
And in the form of:
26
a. 1 (one) bundle of legalized copies of Senayan
Operational Head Office’s daily stock card of Foreign
Exchange Bank Note, month of January 2008, which
consists of 3 (three) sheets per day for 21 (twenty
one) days;
b. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of February 2008, which
consists of 3 (three) sheets per day for 20 (twenty)
days;
c. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of March 2008, which consists
of 3 (three) sheets per day for 18 (eighteen) days;
d. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of April 2008, which consists
of 3 (three) sheets per day for 22 (twenty two) days;
e. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of May 2008, which consists
of 3 (three) sheets per day for 20 (twenty) days;
f. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of June 2008, which consists
of 3 (three) sheets per day for 21 (twenty one) days;
27
g. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of January 2008, which
two) days;
h. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of August 2008, which consists
of 3 (three) sheets per day for 20 (twenty) days;
i. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of September 2008, which
one) days;
j. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of October 2008, which
consists of 3 (three) sheets per day for 20 (twenty)
days;
k. 1 (one) bundle of legalized copies of Senayan
Exchange Bank Note, month of November 2008, which
consists of 3 (three) sheets per day for 19 (nineteen)
days;
And in the form of:
28
a. 1 (one) bundle of legalized copies of General Debit
Voucher 14-11-2008 Ledger Number 1022.806120.840
other KS in USD amounting to USD 18.000.000,-;
b. 1 (one) sheet of legalized Selling Deal Slip Number:
018584 dated 14-11-2008 under the name of Sby.
Kertajaya, USD 18 Mio X 1180 (DEP), BN taken at KPU;
c. 1 (one) sheet of legalized copy of Credit Return/
Selling Deal Slip dated 14-11-2008;
d. 1 (one) sheet of legalized copy of Debit Return/
e. 7 (seven) sheets of legalized copies of USD Treasury
Ledger dated 14-11-2008;
6. Confiscated from WENAWATI LIMANTORO, in the form of:
a. 1 (one) original Facsimile Transmittal Sheet sent from
telephone number 021-5356737 dated December 16, 2008;
b. 1 (one) original sheet of Telephone Bill Printout of
telephone number 021-5356737, under the name of
INDRAWATI SAMPOERNA, billing period of December 2008;
c. 2 (two) sheets of Mobile Phone Printout dated December
22, 2008, type of phone Nokia N-73, telephone number
0816505438
7. Confiscated from LINDA WANGSA DINATA, in the form of:
a. PT ACCENT INVESTMENTS INDONESIA (All):
1 (one) legalized copy of PT Accent Investments
Indonesia’s Credit File with CBR (Credit By Request)
29
and CAC (Current Account Credit) facilities, with
details as follows:
1. Requests from PT All to Bank Century, attached
with Funding Proposals, dated March 17, and May
29, 2008.
2. Samples of Account Signatures under the names of:
- TARIQ KHAN
- DESI DAMAYANTI
- STELLA A. HIDAYAT
3. Credit Approval Form (CAF) under the name of PT
All:
- CAF Number: 222/B-KRK-KAP/All/KPO/III/08 dated
March 17, 2008, KPO/Region 03 Branch
- CAF Number: 245/B-KAP/All/V/08 dated May 15,
2008, KPO/Region 03 Branch
- CAF Number: 249/U/All/V/08 dated May 29, 2008,
KPO/Region 03 Branch
4. Collaterals:
- Copy of Letter of Bank Century to PT Antaboga
Delta Sekuritas Indonesia Number 733/C-
SNY/KPO/ADSI/IV/08 dated April 10, 2008 regarding
Instruction for the Freezing of PT All’s
collateral stock.
- Copy of Letter of ICSD (Indonesian Central
Securities Depository) Number: KSEI-5002/JKS/0408
30
dated April 21, 2008 regarding Sub Account
Freezing Confirmation.
- Copy of Letter of PT All to Bank Century dated
May 12, 2008 regarding request for stock
collateral exchange.
SNY/KPO/ADSI/V/08 dated May 21, 2008 regarding
Instruction for Freezing of PT All’s collateral
stock.
dated May 28, 2008 regarding Sub Account
SNY/KPO/ADSI/VI/08 dated June 4, 2008 regarding
collateral stock.
dated June 6, 2008 regarding Sub Account Freezing
Confirmation.
Legal Documents:
- Copy of Act Number 150 dated April 18, 2008
regarding Credit Agreement between PT All and
31
Bank Century, in an amount of IDR 40 Billion,
made before Notary Public Buntario Tigris, SH,
SE, MH.
Bank Century, in an amount of IDR 20 Billion,
SE, MH.
regarding Pledged Collateral Handover, made
before Notary Public Buntario Tigris, SH, SE, MH.
regarding Authority given by PT All to Bank
Century, made before Notary Public Buntario
Tigris, SH, SE, MH.
- Copy of Act Number 202 dated May 29, 2008
regarding Amendment in Credit Agreement Act
Number 150 between PT All and Bank Century,
SE, MH.
SE, MH.
32
regarding Amendment in Pledged Collateral
Handover between PT All and Bank Century, made
regarding Amendment in Authorization from PT
All to Bank Century, made before Notary Public
Buntario Tigris, SH, SE, MH.
- Copy of Act Number 132 dated June 13, 2008
SE, MH.
SE, MH.
regarding Amendment in Authorization from PT
All to Bank Century, made before Notary Public
33
- Copy of privately made Credit, along with the
following amendments:
a) Credit Agreement Number 1022/CA/IV/08/075
dated April 18, 2008, completed with
Promissory Note. Credit Agreement Number
1022/LD/IV/08/076 dated April 18, 2008,
completed with Promissory Note and Letter
of Authority.
b) Amendment in Credit Agreement Number
1022/CA/V/08/129 and Amendment in Credit
Agreement Number 1022/ LD/V/08/128.
c) Amendment in Credit Agreement Number
1022/CA/VI/08/100 and Amendment in Credit
Agreement Number 1022/ LD/VI/08/101.
Financial Transactions:
- Current Account on activity of PT Accent
Investment Indonesia (All) period of April 18,
to December 16, 2008
- Cheque Number 430077 for PT Kuo Capital in a
nominal of IDR 8.340 Million dated April 22, 2008.
- Money transfer application in an amount of IDR
8.340 Million to BCA Account of JSX Branch
under the name of PT Kuo Capital, Account Number
10400000-17405, dated April 22, 2008.
nominal of IDR 21 Million dated April 25, 2008.
34
1 Billion to Bank Mandiri Account at JSX Branch
4583006845, dated April 25, 2008.
20 Billion to Bank Mandiri Account at JSX
Branch under the name PT Kuo Capital, Account
Number 10400000-17405, dated April 25, 2008.
- Cheque Number 130178 addressed to AMIRUDIN
RUSTAM in amount of IDR 24 Billion, dated
April 28, 2008.
- Money deposit slip in amount of IDR 24 Billion
to Bank Century Account Number 41-000000-
292788101 Kota Makassar Branch under the name
of AMIRUDIN RUSTAM, dated April 28, 2008.
nominal of IDR 5 Billion, dated April 30, 2008.
5 Billion to Bank Mandiri Account at JSX Branch
under the name PT Kuo Capital, Account Number
104-00000-17405, dated April 30, 2008.
b. PT WIBHOWO WADAH REJEKI (WWR):
1 (one) legalized copy of PT WIBHOWO WADAH REJEKI
(WWR)’s Credit File with CBR (Credit By Request) and
CAC (Current Account Credit) facilities, with details
as follows:
35
1. Letter of Funding Credit Request under the name
of PT Wibhowo Wadah Rejeki, signed by Director
of PT WWR, Ms. Silvia, to Bank Century, dated
November 29, 2007.
2. Samples of Account Signatures under the name of
STELLA A. HIDAYAT
WWR:
- CAF Number: 155/B-KAP/WWR/KPO/XI/07/009 dated
November 1, 2007, KPO/Region 03 Branch
- CAF Number: 04/B-KAP/WWR/IV/08 dated May 5,
2008, KPO Senayan/Region 03 Branch
4. Collaterals:
- Letter of PT Wibhowo Wabah Rejeki (WWR) to Bank
Century dated March 27, 2007 regarding guarantee
of Deposit Certificate Securities issued by
Banca Populare at Milano amounting to USD 15
Million, attached with agreement Refo Number
TYS-061/XI/2006 dated November 29, 2006.
- Internal Memo from Credit Division of Bank
Century, Senayan Branch, to Head of Treasury
Division of Bank Century, Number
267/1M/WWR/KPO/XII/07 dated December 3, 2007
regarding Securities freezing.
5. Letter of PT Wibhowo Wadah Rejeki to Bank Century
dated January 23, 2008 regarding information on
36
the change in the company’s address and Domicile
Certificate.
6. Legal Documents:
- Credit Agreement Number: 1022/LD/X1I/07, completed
with Promissory Note of PT Wibhowo Wadah Rejeki
(WWR) dated December 3, 2007, signed by Director
of PT WWR, Ms. SILVIA and Commissioner of PT
WWR, Mr. TOTO KARTONUMBER
- Promissory Note of PT Wibhowo Wadah Rejeki
(WWR) dated June 3, 2008, signed by Director
of PT WWR, Ms. SILVIA and Commissioner of PT
WWR, Mr. TOTO KARTONUMBER
7. Financial Transactions:
- Current Account on activity of PT Wibhowo
Wadah Rejeki (WWR) period of May 25 to December
30, 2008.
- General Credit Voucher Number 1020-808694-360
RRP RAU IDR dated December 6, 2007 amounting
to IDR 121.306.443.750,- (one hundred and twenty
one billion three hundred and six million four
hundred and forty three thousand seven hundred
and fifty rupiahs).
- Debit Voucher Number 1022-806521-360 Other KS
Credit dated May 3, 2008 amounting to IDR
2.304.822.432,- (Two billion three hundred and
37
four million eight hundred and twenty two
thousand four hundred and thirty two rupiahs).
c. PT SIGNATURE CAPITAL INDONESIA:
1 (one) legalized copy of PT Signature Capital
details as follows:
1. Letter of Funding Credit Request under the name
of PT SCI to Bank Century, the following
collateral correction changes are carried out:
- On July 10, 2008 Foreign Currency Deposit in
an amount of USD 10 Million would be replaced
with Foreign Currency Deposit in an amount of
USD 5 Million and stock collateral in an amount
of IDR 100 Billion.
- On July 10, 2008 another letter from PT SCI
was addressed to Bank century regarding a plan
to replace collateral in four stages.
- On October 27, 2008 collateral was replaced
with Foreign Currency Deposit amounting to USD
1 Million and stock collateral amounting to
IDR 180 Billion.
- On November 4, 2008 collateral was replaced
with only stock collateral amounting to IDR
200 Billion.
2. Credit Agreement along with Promissory Note:
38
- Without date and number, submit collateral in
the form of USD 10 Million Foreign Currency
Deposit.
- Without date and number, submit collateral
replacement with USD 5 Million Foreign Currency
Deposit and IDR 100 Billion stock collateral.
- Without date and with number: 1022/LD/X/O8/070
replaced collateral with only IDR 200 Billion
stock collateral.
- STELLA A. HIDAYAT.
- OTTO EDWARD SITORUS.
- TARIQ KHAN
SCI:
- CAF Number: 308/B-KAP/SCI/IX/08 dated September
26, 2008.
- CAF Number: 273A/B-KAP/SCI/VII/08 dated July
14, 2008.
5. Collaterals:
- Copy of Letter of PT SCI to Bank Century dated
October 17, 2008 regarding delivery of list of
39
stock collateral in an amount of IDR 100
Billion.
Delta Sekuritas Indonesia dated October 20,
2008 Number 1122/C-SNY/KPO/SCI/X/08 regarding
Instruction to freeze PT SCI’s collateral stock.
- Copy of Letter from Indonesian Central Securities
Depository (ICSD) Number KSEI-15337/JKS/1008
to PT Antaboga Delta Sekuritas Indonesia dated
October 20, 2008 regarding Confirmation of PT
SCI’s Sub Account Freezing.
October 27, 2008 regarding delivery of list of
additional stock collateral in an amount of
IDR 80 Billion (total amount IDR 180 Billion)
Delta Sekuritas Indonesia dated October 27,
2008 Number 1150/C-SNY/KPO/SCI/X/O8 regarding
- Copy of a letter from Indonesian Central
Securities Depository (ICSD) Number KSEI-
15793/JKS/1008 to PT. Antaboga Deltasekuritas
Indonesia dated October 29, 2008 regarding the
freezing PT. SCI’s sub-account.
- Copy of a letter from PT. SCI to Bank Century
dated November 4, 2008 regarding the delivery
40
of a list additional stock collaterals to the
value of IDR 20 Billion (a total of IDR 200
Billion).
- Copy of a letter from Bank Century to PT
Antaboga Deltasekuritas Indonesia dated November
4, 2008 Number 1156/C-SNY/KPO/SCI/X/08 regarding
the instructions to freeze PT. SCI’s collateral
stock.
Indonesia dated November 4, 2008 regarding the
- 3 (three) copies of Foreign Currency Deposit
Cheque, comprising of:
a) Foreign Currency Deposit Cheque Number VB
028906 dated October 14, 2008 with the
value of USD 10 Million.
b) Foreign Currency Deposit Cheque Number VB
c) Foreign Currency Deposit Cheque Number VB
6. Legal Documents:
41
- Phase I: A USD 10 Million Deposit with stocks
to the value of IDR 100 Billion complete with
a Promissory Note, Credit Agreement, Pledge
Letter on a Timed Deposit.
- Phase II: A USD 5 Million Deposit with stocks
- Phase III: A USD 1 Million Deposit with stocks
- Phase IV: Credit Agreement Number 1022/LD/x/08/070
attached with the amendments to the Credit
Agreement with the stocks collateral valued at
IDR 200 Billion, complete with a Promissory
Note, Credit Agreement, Pledge Letter on a
Timed Deposit.
- Bank Statement containing transactions regarding
PT. SCI for the period December 30, 2008.
- Credit Disbursement through:
• October 14, 2008 through the Bank Century
Current Account Cheque Number 15832401 to
the value of IDR 80 Billion to PT. Antaboga
42
Delta Sekuritas Indonesia’s account, attached
with a deposit slip.
- A partial deposit break dated October 20, 2008
with the following details:
• Cheque Number 15832403 paid to PT. Mega
Capital Indonesia with the value of IDR
20.104 Million at Bank Mega.
• Cheque Number 15832404 paid to PT. Antaboga
Deltasekuritas Indonesia with the value of
IDR 28.500 Million at Bank Century.Number
04444151 to the amount of IDR 5 Billion to
PT. Antaboga Deltasekuritas Indonesia’s account,
attached with a deposit slip.
- On October 21, 2008 Cheque Number 044444152
was written and paid to PT. All to the sum of
IDR 460 Million at Bank Mandiri.
43
- On October 23, 2008 Cheque Number 15832405 was
written and paid to PT. All to the sum of IDR
3.755 Million at Bank Mandiri.
- On October 27, 2008, 70 transactions involving
a number of cheques occurred with the following
details:
a. Cheque Number 15832407 paid to Yuliawati
the amount of IDR 100 Million at Bank Century.
b. Cheque Number 15832408 paid to Imelda
Ratnawati the amount of IDR 100 Million
at Bank Century.
c. Cheque Number 15832409 paid to Imelda
Ratnawati the amount of IDR 168 Million
at Bank Century.
d. Cheque Number 15832410 paid to Yuliawati
the amount of IDR 100 Million at Bank
Century.
e. Cheque Number 15832411 paid to RAU Muara
Karang the amount of IDR 107 Million at
Bank Century.
f. Cheque Number 15832412 paid to RAU Muara
Bank Century.
g. Cheque Number 15832413 paid to RAU Muara
Bank Century.
44
h. Cheque Number 15832414 paid to Kaisanto
Chairil the amount of IDR 500 Million at
Bank Century.
i. Cheque Number 15832415 paid to Purnawati
H./Bing Iskandar the amount of IDR 200
Million at Bank Century.
j. Cheque Number 15832416 paid to Thomas
Bele Abelo the amount of IDR 200 Million
at Bank Century.
k. Cheque Number 15832417 paid to RAU Kelapa
Gading Blvd the amount of IDR 100 Million
at Bank Century.
l. Cheque Number 15832418 paid to Andreas Indra
W. the amount of IDR 170 Million at Bank
Century.
m. Cheque Number 15832419 paid to Celine Rafela
Century.
n. Cheque Number 15832420 paid to Daniel Liauw
Century.
o. Cheque Number 15832421 paid to E.M. Ina
Listijati the amount of IDR 100 Million
at Bank Century.
p. Cheque Number 15832422 paid to E.M. Ina
Listijati the amount of IDR 100 Million
at Bank Century.
45
q. Cheque Number 15832423 paid to Henny
H./Soebianto the amount of IDR 130 Million
at Bank Century.
r. Cheque Number 15832424 paid to Fenny
Leo/Julius Danu the amount of IDR 100
s. Cheque Number 15832425 paid to Henny
Herawati the amount of IDR 100 Million at
Bank Century.
t. Cheque Number 15832426 paid to L. Margareta/
Yance the amount of IDR 100 Million at
Bank Century.
u. Cheque Number 15832427 paid to L.
Margareta/Yance the amount of IDR 100
v. Cheque Number 15832428 paid to L. Margareta/
Bank Century.
w. Cheque Number 15832429 paid to L. Margareta/
Bank Century.
x. Cheque Number 15832430 paid to Lisa Yuriko
Century.
y. Cheque Number 15832431 paid to Oong Irianto
Century.
46
z. Cheque Number 15832432 paid to Suherman
Century.
aa. Cheque Number 15832433 paid to Sriana
Rasidin/Minawati the amount of IDR 100
bb. Cheque Number 15832434 paid to Silvia
Sintiani/E.M. Ina Listiwati the amount of
IDR 100 Million at Bank Century.
cc. Cheque Number 15832435 paid to Siswadi
S./Inderawati the amount of IDR 100 Million
at Bank Century.
dd. Cheque Number 15832436 paid to Siswadi
at Bank Century.
ee. Cheque Number 15832437 paid to Tjong Tjoek
Nyoek the amount of IDR 100 Million at
Bank Century.
ff. Cheque Number 15832438 paid to Sri Suci
C. Tjen/Fenny the amount of IDR 150 Million
at Bank Century.
gg. Cheque Number 15832439 paid to Windy
Horsan/Imelda H. the amount of IDR 500
hh. Cheque Number 15832440 paid to Windy
47
ii. Cheque Number 15832441 paid to Yuliana SE
Century.
jj. Cheque Number 15832442 paid to RAU Senayan
Century.
kk. Cheque Number 15832443 paid to RAU Senayan
Century.
ll. Cheque Number 15832444 paid to Lismijati
Njohana the amount of IDR 300 Million at
Bank Century.
mm. Cheque Number 15832445 paid to Zheng Mei
Feng the amount of IDR 900 Million at Bank
Century.
nn. Cheque Number 15832446 paid to Nani Liyanto
Century.
oo. Cheque Number 15832447 paid to Khoe Siat
Jin the amount of IDR 1.200 Million at
Bank Century.
pp. Cheque Number 15832448 paid to Julia Monica
Century.
qq. Cheque Number 15832449 paid to Liliana
Tjandra the amount of IDR 162 Million at
Bank Century.
48
rr. Cheque Number 15832450 paid to Henky Bambang
Soenandi the amount of IDR 110 Million at
Bank Century.
ss. Cheque Number 15832451 paid to Henky
Bambang Soenandi the amount of IDR 60
tt. Cheque Number 15832452 paid to Hans Paulus
Century.
uu. Cheque Number 15832453 paid to Jessica
Giovanni the amount of IDR 30 Million at
Bank Century.
vv. Cheque Number 15832454 paid to Azam Hisyam
Ir. the amount of IDR 600 Million at Bank
Century.
ww. Cheque Number 15832455 paid to Azam Hisyam
Century.
xx. Cheque Number 15832456 paid to Azam Hisyam
Century.
yy. Cheque Number 15832457 paid to Lim Anita
Theresia Halim the amount of IDR 1.000
zz. Cheque Number 15832458 paid to RAU RMI
Century.
49
aaa. Cheque Number 15832459 paid to RAU RMI the
amount of IDR 236 Million at Bank Century.
bbb. Cheque Number 15832460 paid to RAU RMI the
ccc. Cheque Number 15832461 paid to Hadi
Prayogo the amount of IDR 166 Million at
Bank Century.
ddd. Cheque Number 15832462 paid to RAU RMI the
eee. Cheque Number 15832463 paid to Winarto
Ong Hardjo the amount of IDR 75 Million
at Bank Century.
fff. Cheque Number 15832464 paid to RAU
Kertajaya the amount of IDR 400 Million
at Bank Century.
ggg. Cheque Number 15832465 paid to RAU
at Bank Century.
hhh. Cheque Number 15832466 paid to RAU
at Bank Century.
iii. Cheque Number 15832467 paid to RAU
at Bank Century.
50
jjj. Cheque Number 15832468 paid to Teddy
E./Fulbertus the amount of IDR 100 Million
at Bank Century.
kkk. Cheque Number 15832469 paid to Ngo Gracia
Century.
lll. Cheque Number 15832470 paid to Thio Riandi
Thionardo the amount of IDR 499 Million
at Bank Century.
mmm. Cheque Number 15832471 paid to Fredy Lulin
Century.
nnn. Cheque Number 15832472 paid to Tjio
Yulianita Imuk Cahya the amount of IDR
2.000 Million at Bank Century.
ooo. Cheque Number 15832473 paid to Suhardiman
Tjitra/Kartika N. the amount of IDR 213
ppp. Cheque Number 15832474 paid to Antaboga
Delta Sekuritas the amount of IDR 19.600
qqq. Cheque Number 15832475 paid to Antaboga
Delta Sekuritas the amount of IDR 200
rrr. Cheque Number 15832476 paid to Antaboga
51
sss. Cheque Number 15832476 paid to Antaboga
9. Confiscated from AMIRUDDIN RUSTAM, in the form of:
Copy of AMIRUDDIN RUSTAM’s book/file, account
Number 4100. 0000292788.101, Bank Century, JI.
Achmad Yani Makasar.
10. Confiscated from NOFI, in the form of:
a. 4 (four) copies of a letter from First Global
Funds to the Hong Kong Standard Chartered
Bank dated October 13th 2008 signed by HESHAM
AL WARRAQ attached with PT. Bank Century
Tbk’s Swift Incoming Bank Statement from the
Singapore Standard Chartered Bank dated October
14, 2008 with the amount of USD 10.001.794,71.
b. 4 (four) legalized copies from PT. Bank Century
showing the bank statement transactions of
PT. Kuo Capital/PT. Signature Indonesia, Account
Number 1022-0000739561-002 dated October 14,
2008 complete with the following:
- Withdrawal Note Number 10613851 to the sum
of USD7 Million and a general credit voucher
with a foreign currency deposit placement
under the name of PT. Signature Capital
Indonesia dated October 14, 2008 with the
amount of USD 7 Million.
52
- Withdrawal Note Number 10613852 to the sum
of USD 3 Million and a general credit voucher
Indonesia dated October 14, 2008 with the
Therefore the total foreign currency deposit
placed under the name of PT. Signature
Capital Indonesia dated October 14, 2008
amounts to the total of USD 10 Million.
c. 10 (ten) legalized copies of Credit Memorandum
(MAK) Number 222/B-KRK-KAP/AII/KPO/III/08
dated March 17, 2008 from PT. Bank Century.
d. A legalized copy of Credit Memorandum (MAK)
Number 245/R-KAP/AI/KPO/V/08 dated May 15,
2008 from PT. Bank Century.
e. A legalized copy of Credit Memorandum (MAK)
Number 249/R-KAP/AI/KPO/V/08 dated May 29,
f. A legalized copy from Bank Century of a Credit
Documents Receipt Registration to the Region
III Head Secretary.
11. Confiscated SITA DARANANTI, in the form of:
a. A legalized copy of a Custodian Services
Application Form dated March 27, 2003 under
the name of Bank CIC Internasional Tbk, signed
53
by MATHESA SEMBIRING (Director) and HAMIDY
(Director);
b. A legalized copy of Custodian Agreement Number
III/45/CSDA/2003;
c. A legalized copy of a signature sample of an
officer authorized to carry out the transfer
instructions for Securities under the name of
Bank CIC Internasional signed by MATHESA
SEMBIRING (Director), HAMIDY (Director), TJOKO
INDRA (Treasury Division Head) and SRIYONO
(Directors’ Bureau Division Head);
d. A legalized copy of Bank Century Letter Number
019/Century/D/XII/2004 dated December 12, 2004
regarding the merger of Bank CIC Internasional
Tbk, PT. Bank PIKKO Tbk and PT. Bank DANPAC
Tbk into PT. Bank Century.
e. A legalized copy of Bank Century Letter Number
021/Century/D/XII/2004 dated December 15, 2004
which was addressed to the corresponding banks
regarding the sample signatures for the
following authorized personnel: ANWARY SURJAUDAJA
(Managing Director), HERMANUS HASAN MUSLIM
(Assistant Managing Director), HAMIDY
(Director), LAURENCE KUSUMA (Director),
SRIYONO (Director), DJOKO HINDRA, THERESIA
54
DEWI TANTULAR, KRISHNAJAGATESEN, SUNARTONO,
YANTI PK WANGSAHARDJA;
f. A copy of Bank Century’s securities transaction
data at the Custodian Bank Niaga for the
period of April 29, 2003 until November 9, 2007;
g. A legalized copy of Bank Century Letter dated
June 6, 2005 signed by LAURENCE KUSUMA
(Director) and SUNARTONO (Division Head)
regarding payment instructions for matured
Securities (in English);
h. A legalized copy of Bank Century Letter Number
Trf. TSY-012/II/05 regarding a Transfer of
Securities dated February 18, 2003;
i. A legalized copy of Bank Century Letter Number
Trf. TSY-042/VII/05 regarding a Transfer of
US Treasury Strip dated July 19, 2005;
j. A legalized copy of Bank Century Letter Number
Securities dated July 19, 2005;
k. A legalized copy of Bank Century Letter Number
Securities dated July 19, 2005;
l. A legalized copy of Bank Century Letter Number
Trf. TSY-053/X/05 regarding a Transfer of
Securities dated October 18, 2005;
55
m. A legalized copy of Bank Century Letter Number
n. A legalized copy of Bank Century Letter Number
o. A legalized copy of Bank Century Letter Number
p. A legalized copy of Bank Century Letter Number
Trf. TSY-013/III/06 regarding a Transfer of
Securities dated March 22, 2006;
q. A legalized copy of Bank Century Letter Number
Trf. TSY-029/V/06 regarding a Transfer of
Securities dated May 10, 2006;
r. A legalized copy of Bank Century Letter Number
s. A legalized copy of Bank Century Letter Number
t. A legalized copy of Bank Century Letter Number
Trf. TSY-139/XI/07 regarding a Transfer of
Securities dated November 7, 2007;
u. PT. Bank Century’s Portfolio Report, position
as of September and October 2005, February
and March 2006.
56
12. Confiscated from ARGA TIRTA KIRANA, in the form of:
a. 2 (two) legalized copies of a Bank Century
Letter Number 486.A/PNG-KR/PERUB/KPO/XI/08
dated November 4, 2008 to PT. Signature Capital
Indonesia regarding an approval for Collateral
Substitution (Director’s/Commissioner’s signature
not found).
b. 1 (one) legalized copy of a Bank Century Letter
Number 005/PERS-KOM/LG/X/08 dated October 8,
2008 regarding the Commissioner’s Approval
(Director’s/Commissioner’s signature not
found).
c. 1 (one) legalized copy of a Bank Century
Letter, the Board Of Directors’ Letter Of
Authority Number 005/SK-DIR/X/08 dated October
28, 2008 (Director’s/Commissioner’s signature
not found).
d. 3 (three) legalized copies of Bank Century’s
Legal Aspect Analysis from Senayan Operational
Head Office Number FPK 308/B-KAP/SCI/X/08
dated September 26, 2008 (Director’s/
Commissioner’s signature not found).
e. 4 (four) legalized copies of a letter from
Bank Century Number 303/PNG-KR/B/KPO/XI/07
dated November 30, 2007 to PT. Wibowo Wadah
Rejeki regarding a Credit Facility Approval
57
signed by HERMANUS HASAN MUSLIM (Managing
Director) and HAMIDY (Assistant Managing
Director).
f. 1 (one) legalized copy of a Bank Century
Commissioner’s Approval Number 066/PERS-
KOM/LG/XI/07 dated November 30, 2007 signed
by POERWANTO KAMSJADI (Commissioner) and Drs.
RUSLI PRAKARSA (Commissioner).
g. 1 (one) legalized copy of a Bank Century Board
of Directors’ Letter Of Authority Number
066/SK-DIR/0007 dated November 30, 2007 signed
by HERMANUS HASAN MUSLIM (Managing Director)
and HAMIDY (Assistant Managing Director).
h. 5 (five) legalized copies of a Bank Century
Board of Directors’ Letter Of Authority Number
180/PNG-KR/B/KPO/IV/08 dated April 10, 2008
regarding a Credit Facility Approval to PT.
Accent Investment Indonesia signed by HERMANUS
HASAN MUSLIM (Managing Director) and HAMIDY
(Assistant Managing Director).
i. 1 (one) legalized copy of a Bank Century
Commissioner’s Approval Number 017/PERS-
KOM/LG/XI/08 dated April 10, 2008 signed by
POERWANTO KAMSJADI (Commissioner) and Drs.
RUSLI PRAKARSA (Commissioner).
58
j. 1 (one) legalized copy of a Bank Century Board
Of Directors’ Letter Of Authority Number
016/SK-DIR/0007 dated April 10, 2008 signed
by HERMANUS HASAN MUSLIM (Managing Director)
and HAMIDY (Assistant Managing Director).
k. 3 (three) legalized copies of a Bank Century
Letter of Entry to the legal division of PT.
Wibowo Wadah Rejeki and PT. Accent Investment
Indonesia.
l. 3 (three) legalized copies of a Bank Century
Exit Letter from the legal division of PT.
Indonesia.
remains attached to the case file
- 1 (one) piece each of a Silver Nokia 6155
and Silver Nokia N-70 mobile phone
confiscated from the defendant ROBERT
TANTULAR, MBA returned to the defendant
ROBERT TANTULAR, MBA.
- 1 (one) piece of a Black Nokia 6020 serial
number IMEI (International Mobil Equipment
Identity) 3597720003888406 with the number
08161117150 confiscate from TIAN IE TUNG
returned to TIAN IE TUNG.
- 1 (one) piece of a black Samsung Type 170
with the SIM Card Number 08175000989 (XL)
59
confiscated from MICHAEL CHUNG returned to
MICHAEL CHUNG.
4. To stipulate that defendant ROBERT TANTULAR, MBA is
liable for legal expenses to the amount of IDR 5.000
(five thousand rupiahs).
Has heard the defense (pledoi) from the Defendant’s Team
of Attorneys:
The defense (pledoi) from H. BAMBANG MARTONO S.H., M.H. –
written on Tuesday August 25, 2009 from the Defendant’s
Team of Attorneys, stating the main point as follows:
At the end of the Defense Note (Pledoi) with the conclusion
based on the legal evidence, whether from the Defendant’s
testimony, the testimonies from witnesses, the testimonies
from experts and documented evidence, therefore in accordance
with the constitution and our conviction that the defendant
ROBERT TANTULAR, MBA is PROVEN INNOCENT from committing the
prosecuted conducts, be it on the first indictment violating
Article 50A of Law Number 10 Year 1998 on The Amendment of
Law Number 7 Year 1992 On Banking Jo Article 55 Paragraph
(1) Of The Penal Code and the second indictment violating
Article 50A of Law Number 10 Year 1998 On The Amendment Of
Law Number 7 Year 1992 On Banking Jo Article 55 Paragraph
(1) of the Penal Code Jo Article 65 of the Penal Code and
the third indictment violating Article 50 of Law Number 10
60
Year 1998 On The Amendment Of Law Number 7 Year 1992 On
Banking Jo Article 55 Paragraph (1) Of The Penal Code.
Therefore, we, the team of attorneys for the defendant
ROBERT TANTULAR, MBA plead to the Judges Council
adjudicating this lawsuit to stipulate the following:
1. Acquit the defendant ROBERT TANTULAR, MBA from any
legal charges or at the least release the defendant
ROBERT TANTULAR, MBA from any legal charges.
2. Restore the defendant ROBERT TANTULAR’s good name and
dignity to the community by obligating the Prosecutor
to advertise in the DKI Jakarta daily newspapers, such
as:
2.1 Kompas
2.2 Suara Pembaruan
2.3 Jakarta Post
2.4 Bisnis Indonesia
3. To impose the legal expenses to the State.
The defense (pledoi) from T. Triyanto, S.H., M.H. –
written on Tuesday August 25, 2009 from the Defendant’s
Team Of Attorneys, stating the main point as follows:
It is in the team of attorneys’ conclusion and opinion,
that the articles accused and charged upon the defendant
are not legally and convincingly proven, be it the
first, second nor third indictment and the defendant
ROBERT TANTULAR is not guilty of committing a felony in
accordance with the accusation and prosecution of the
61
Prosecutor, and plead to the Judges Council to stipulate
the following:
1. To declare the defendant ROBERT TANTULAR lawfully and
convincingly not proven in committing a felony in
banking as indicted by the Prosecutor stated in the
first indictment violating Article 50A of Law Number
10 Year 1998 On The Amendment Of Law Number 7 Year
1992 On Banking Jo Article 55 Paragraph (1) Of The
Penal Code and the second indictment violating
Article 50A of Law Number 10 Year 1998 On The
Amendment Of Law Number 7 Year 1992 On Banking Jo
Article 55 Paragraph (1) of the Penal Code Jo Article
65 of the Penal Code and the third indictment
violating Article 50 of Law Number 10 Year 1998 On
The Amendment Of Law Number 7 Year 1992 On Banking
Jo Article 55 Paragraph (1) Of The Penal Code.
2. To acquit the defendant ROBERT TANTULAR, MBA from
any legal charges (vrijspraak) or at the least release
the defendant ROBERT TANTULAR, MBA from any legal
charges (Onslag Van Rech Rechsvervolging).
3. To restore and rehabilitate the defendant’s good
name in all his dignity.
4. To impose the legal expenses to the State.
Has heard the response (repliek) from the
Prosecutor delivered in writing on Tuesday, September
1st 2009 at which the main point is to remain unchanged
62
in the prosecution where it received the eventual
response from the defendant’s Team of Attorneys with
their dupliek given in writing on September 3, 2009
mainly stating their persistence in their defense, where
attached to the case file.
In consideration, that the defendant has been placed
under trial with the following indictments:
FIRST:
-------- That he, ROBERT TANTULAR, MBA as stock holder
of PT. Bank Century, Tbk., had on Friday, November 14,
2008 at an estimated time of 17.30 IWT (Indonesian
Western Time) or at the least of November 2008, located
at the Bank Century Head Office at Asia Afrika Street,
Gelora Sub-District, Tanah Abang District, Central Jakarta
or at the least in any places located within the legal
jurisdiction of the Central Jakarta District Court,
conducting solely and collectively with Dewi Tantular
(Most Wanted List) acting as Bank Century’s Bank Notes
Division Head of KPO Senayan, who, in deliberation,
ordered the Board Of Commissioners, Board Of Directors
and the bank’s employees in failing to take the
necessary measures to ensure the bank’s compliance to
the laws and regulations of banking, that of the
transferring of the foreign currency deposit belonging
to Boedi Sampoerna and PT. Lancar Sampoerna Bestari
from Bank Century’s Kertajaya Surabaya branch to the
63
Senayan Jakarta Branch without the correct procedures,
conducting a foreign currency deposit withdrawal
without permission from its rightful owner, the witness
Boedi Sampoerna to the sum of USD 18 Million (eighteen
million dollars), in which the conduct was committed by
the defendant in the following ways:
- That the witness Boedi Sampoerna, as Bank Century’s
customer had in possession two foreign currency deposit
accounts, one registered under his name whereas the
other was registered under his company PT. Lancar
Sampoerna Bestari using the roll over system, based
on the defendant’s suggestion (made orally) had agreed
to transfer the foreign currency deposit accounts at
Bank Century’s Kertajaya Surabaya branch to the
Senayan Jakarta head office in order to be divided
into smaller amounts.
- That the witness had agreed upon the oral suggestion
from the defendant based on the reason that some time
on the month of August 2008 that at the time maturity,
not all of the amount of the deposit account could be
withdrawn. Later on, the defendant and witness Hermanus
Hasan Muslim requested the witness to withdraw the
deposit in several monthly phases, from amounts of
IDR 200 Billion up to IDR 250 Billion, starting from
September, October and November 2008 until paid in
64
full. However, in reality the witness was only able
to withdraw IDR 200 Billion in September 2008.
- That on Friday November 14, 2008, DEWI TANTULAR, in
her capacity as Bank Note Division Head had contacted
witness Tini Puspasari via the office phone and gave
instructions to write a Dealing Slip for a withdrawal
of a foreign currency deposit account to the amount
of USD 18 Million (eighteen million dollars) which
was to be transferred from the Kertajaya Surabaya
branch to the Senayan Jakarta branch where it was to
be withdrawn.
- Based on the instructions given by DEWI TANTULAR,
witness Tini Puspasari then wrote a Dealing Slip for
the deposit, where later on the witness made a
confirmation regarding the deposit withdrawal the Bank
Century Kertajaya Surabaya branch, where the confirmation
was received by Michael Chung, in his capacity as the
Kertajaya Surabaya branch Operations Sections Head.
- That after the witness Tini Puspasari had carried out
a confirmation to the Bank Century Kertajaya Surabaya
branch through the witness Michael Chung, witness
Tini Puspasari then wrote a Dealing Slip for a sale
of foreign currency where afterwards the slip was
handed over to the Head of the Foreign Currency Cashier
at the Operations Center of the Bank Century Senayan
Jakarta operations head office, the witness TIAN IE
65
TUNG, for further processing by the operations
division to be eventually withdrawn from the Senayan
Jakarta operations head office.
- Furthermore, DEWI TANTULAR had again contacted,
confirmed and made it clear to the witness Tini
Puspasari that should anyone make any enquiries
regarding the deposit withdrawal of USD 18 Million
(eighteen million dollars) from the Bank Century
Kertajaya Surabaya branch to the Bank Century Senayan
Jakarta head office, the witness was to confirm it as
it is.
- Furthermore the foreign currency sale dealing slip
Number 518584 dated November 14th 2008 was sent by
witness Tini Puspasari through a messenger to the
witness Tian Ie Tung as the Foreign Currency Head
Cashier, where afterwards witness Tini Puspasari, via
phone, had informed the witness Tian Ie Tung on the
sale of foreign currency amounting to USD 18 Million
(eighteen million dollars) for the deposit withdrawal
from the Bank Century Kertajaya Surabaya branch,
where the bank notes would be collected at the
Senayan Operations Head Office (OHO) via payment
through the inter-office account.
- After the witness Tian Ie Tung received the dealing
slip Number 518584 from the Treasury Foreign Currency
Division, the witness then stood by for the incoming
66
funds from the Kertajaya Surabaya branch to account
for the dealing slip. At approximately 16.30
Indonesian Western Time the witness received a call
from the defendant who informed him of the incoming
funds from the Kertajaya Surabaya branch which was to
be used for the payment of USD 18 Million (eighteen
million dollars).
- That approximately 17.30 to 18.00 Indonesian Western
Time the defendant, via telephone, ordered Michael
Chung who was at the Kertajaya Surabaya branch to
withdraw a deposit of USD 22.200.593 (twenty two
million two hundred thousand and five hundred and
ninety three dollars) Act Number VB-009928 currently
deposited at the Kertajaya Surabaya branch. The
witness then made an enquiry on the computer and had
discovered that the deposit was listed as credit
collateral, thus the witness refused to conduct the
withdrawal.
- That furthermore, the defendant appointed and ordered
the witness Michael Chung to withdraw a deposit of
USD 22.200.000 (twenty two million two hundred
thousand dollars) Act Number VB-009931 which was not
listed as credit collateral, however the witness
refused to do so and told the defendant that the
defendant was the owner and did not exist in the
bank’s organizational structure, therefore the
67
witness would refuse the withdrawal order without a
signed approval notice from the Board of Directors.
From the response given by the witness Michael Chung,
the defendant said that all the members of the Board
of Directors were attending a meeting at Bank
Indonesia, while the signature to be put in the
approval notice would be the defendant’s signature.
- That afterwards the defendant faxed a Letter of
Approval for the deposit withdrawal to the witness
Michael Chung in the form of a foreign currency
deposit Act Number 009931 signed by the defendant,
whereby the witness after having read the contents of
the fax did not agree with the sentence contained in
the letter that states as if the witness was the one
who made the deposit withdrawal request.
- Furthermore the witness Michael Chung had received a
phone call from the witness TINI PUSPASARI acting as
the foreign currency dealer who informed him to
immediately withdraw the deposit requested by the
defendant as someone from Bank Indonesia was waiting
for it, the witness however still refused to process
the request. The witness then contacted the Marketing
Director who was also concurrently acting as the
Surabaya Regional Office Chief, the witness LILA
GONDOKUSUMO, via his home phone and the witness
MICHAEL CHUNG had explained to her that he had
68
received an order from the defendant to withdraw a
deposit registered under PT. Lancar Sampoerna Lestari
to the sum of USD 22.200.000 (twenty two million two
hundred thousand dollars), where it was replied by
Lila Gondokusumo that the witness Michael Chung carry
out the defendant’s request as it would not
compromise BOEDI SAMPOERNA in any way, on the
contrary the request was made in order to secure
Boedi Sampoerna’s funds. Afterwards the witness
Michael Chung requested the witness LILA GONDOKUSUMO
to sign the deposit withdrawal, however the witness
Lila Gondokusumo refused to do so as the reason being
she was receiving a guest, furthermore the witness
said she would send a fax, but the witness LILA
GONDOKUSUMO said that the fax machine was out of
paper and she would sign it on Monday.
- That furthermore the witness Michael Chung had again
contacted the witness Gantoro but was unable to
connect as his mobile phone was still not active.
Later on the witness received a phone call from the
witness TINI PUSPASARI who requested that the witness
immediately process the deposit withdrawal of Boedi
Sampoerna, however the witness replied that he was
unable to do so as there was no approval from the
Board of Directors.
69
- That based on the reply given by the witness Michael
Chung, the witness Tini Puspasari had recommended to
contact the witness JOKO H. INDRA as all the
Directors were at Bank Indonesia, however the witness
Michael Chung refused to do so as JOKO H. INDRA was
only Head of the General Division.
- That furthermore the defendant had called the witness
Michael Chung and warned him to immediately carry out
the defendant’s order and at approximately 21.00
Indonesian Western Time the defendant and DEWI
TANTULAR called the witness Tan Ie Tung to enquiring
about the requested incoming funds from the Kertajaya
Surabaya Branch.
- After receiving the phone call from the defendant,
the witness Michael Chung had informed his colleagues
at the office regarding the plan to transfer the
foreign currency deposit belonging to Boedi Sampoerna
on the order of the defendant and the witness’s
colleagues had urged him not to do so as it was not
the correct procedure.
- That afterwards the witness had contacted the Branch
Head but failed to connect as his mobile phone was
still inactive. Therefore the witness contacted the
Bank Century Head Office Branch Support Tjetjep and
informed him of the defendant’s request and based on
the witness’s explanation, Tjetjep told the witness
70
that he would seek for information regarding the
matter.
- That not long after, Tjetjep called the witness
Michael Chung and said that the witness should just
carry out the defendant’s request, therefore the
witness sent a fax to Tjetjep requesting his approval.
Tjetjep then signed the faxed approval request and
re-faxed it to the witness Michael Chung, who still,
however, still refused to withdraw the deposit.
- Furthermore, on November 15th 2008 at approximately
02.00 Indonesian Western Time (early dawn) the
witness Gantoro contacted the witness Michael Chung
and told him to immediately withdraw every foreign
currency deposit belonging to the witness Boedi
Sampoerna and PT. Lancar Sampoerna Bestari, except of
the one that was frozen, and based from the phone
call the witness then withdrew and transferred Boedi
Sampoerna’s deposit which amounted to USD
96,544,572.84 (ninety six million five hundred and
forty four thousand and five hundred and seventy two
point eighty four dollars) from the Bank Century
Kertajaya Surabaya branch to the Bank Century Senayan
Jakarta head office through foreign currency Inter-
Office Account.
- That after the deposit had been received by the
Senayan head office, the witness Tian Ie Tung who had
71
been waiting for it to arrive from the Kertajaya
Surabaya branch reported the matter to the defendant
that funds from the deposit amounting approximately
to USD 90 Million (ninety million dollars) has come
through, whereby the defendant then ordered the
witness to only debit the amount of USD 18 Million
(eighteen million dollars).
- As the foreign currency inter-unit account did not
allow for any remaining balances, the witness Tian Ie
Tung transferred the whole amount to the Foreign
Currency Immediate Liabilities Account and debited
from the account an amount of USD 18 Million
(eighteen million dollars) to the USD Foreign
Currency Account.
- That with the defendant ordering the withdrawal and
transfer of the foreign currency deposit belonging to
Boedi Sampoerna and PT. Lancar Sampoerna Bestari from
the Bank Century Kertajaya Surabaya branch to the
Bank Century Senayan Jakarta head office to the
amount of USD 18 Million (eighteen million dollars),
resulted in Bank Century failing to undertake the
necessary measures in order to ensure the bank’s
compliance to the laws and regulations of banking, as
the withdrawal was done without the signature of its
owner, Boedi Sampoerna.
72
---- The above actions committed by the defendant
ROBERT TANTULAR, MBA are regulated and charged in
violation of Article 50A of Law Number 10 Year 1998 on
The Amendment of Law Number 7 Year 1992 On Banking Jo
Article 55 Paragraph (1) of The Penal Code ----------
SECOND:
---- That he, ROBERT TANTULAR, MBA as stock holder of
PT. Bank Century, Tbk., had on December 5th 2007 and on
April 22nd 2008 or during the times circa 2007 until
2008, located at the Bank Century Head Office at Asia
Afrika Street, Gelora Sub-District, Tanah Abang
District, Central Jakarta or at the least in any places
located within the legal jurisdiction of the Central
Jakarta District Court, acting solely as well as
collectively with the witness Hermanus Hasan Muslim
acting as the Managing Director of Bank Century Ltd,
committed or had been involved in committing actions
that must be viewed as stand-alone actions by
deliberately ordering the Board of Commissioners, Board
of Directors and other bank employees that resulted in
Bank Century failing to undertake the necessary
measures in order to ensure the bank’s compliance to
the laws and regulations of banking, in the form of a
credit disbursement without regards to procedures to
PT. Wibowo Wadah Rejeki and PT. Accent Investindo
73
Indonesia, which was committed by the defendant in the
following ways:
- That on December 5th 2007 at approximately 18.00 the
witness Linda Wangsadinata acting as the Senayan
Operations Head Office Branch Head received an order
from the witness JOKO HERTANTO INDRA who was acting
as Head of the Treasury Division stating that the
Senayan Operations Head Office was to account for a
credit disbursement of IDR121.306.440.000 (one hundred
and twenty one billion three hundred and six million
and four hundred and forty thousand rupiahs) given to
PT. Wibowo Wadah Rejeki with the collateral of a Act
Of Deposit issued by the BANCA POPULARE in Milan with
the serial number ISIN: XS0179811616 with a value of
USD 15 Million (fifteen million American dollars).
- On the order and request, the witness Linda
Wangsadinata stated her objections to the witness
Djoko Hertanto Indra on the anomaly of the credit
disbursement with a large amount, based on the reason
that the witness had never came into contact with the
future debtor, the physical absence of the collateral
and the credit disbursement mechanism that was not
according to procedure. Furthermore the witness Djoko
Hertanto Indra had asked the witness Linda
Wangsadinata to contact the defendant and the witness
later on contacted the defendant and conveyed her
74
objections on the recording of the credit
disbursement. However, the defendant still told Linda
Wangsadinata to record the credit disbursement to
given to PT. Wibowo Wadah Rejeki.
- That afterwards the witness Linda Wangsadinata
contacted the witness Hermanus Hasan Muslim,
informing him of the request made by Djoko Hertanto
Indra and the defendant. However the witness Hermanus
Hasan Muslim still told Linda Wangsadinata to record
the credit disbursement. Because the disbursement
must be made, therefore the Senayan Operations Head
Office branch wrote a Credit Application Form (CAF)
in order to ask for the approval from the Head of
Reginal Office III, the Head of the Credit Division,
two Directors and two Commissioners, where on the
same day, that was December 5th 2007, the Senayan
branch had already informed the Head of Regional
Office III and the Head of the Credit Division
regarding the instructed credit disbursement from the
defendant Robert Tantular which was to be recorded on
the following day on December 6th 2007.
- On the next day on December 6th 2007, after the CAF
had been approved by the Credit Committee, the
witness Linda Wangsadinata ordered the Legal Division
to issue a Promissory Note/Debt Recognition Letter,
Credit Contract and a Credit Approval Letter.
75
Afterwards the Senayan branch sent an order to the
Credit Settlement and Reporting (CSR) to issue a
Credit Facility Disbursement Memo (CFDM) signed by
the Account Officer (AO), Head of the Account Officer
Division, Branch Head (the witness herself), Legal
Officer, Head of the Legal Division by attaching the
Credit Application Form (CAF) approved by the Credit
Committee, including the two Commissioners.
Afterwards the Credit Settlement and Reporting (CSR)
recorded the credit amount and credited it to PT.
Wibowo Wadah Rejeki’s Bank Century account Number
1022-0000245402-001.
- That furthermore on April 22nd 2008 PT. Accent
Investment Indonesia (AAI) had received a credit
facility of IDR 20 Billion (twenty billion rupiahs)
in the form of a Current Account Credit (CAC), added
by another credit facility of IDR 40 Billion (forty
billion rupiahs) in the form of a Credit On Request
(COR) with the collateral in the form of stocks with
the value of IDR 120.038.000.000 (one hundred and
twenty billion and thirty eight million rupiahs)
referred by the defendant.
- Based on the reference made by the defendant, the
witness Linda Wangsadinata informed the witness
Hermanus Hasan Muslim of a credit application of IDR
60 Billion (sixty billion rupiahs) with the
76
collateral in the form of stocks with the value of
IDR 120.038.000.000 (one hundred and twenty billion
and thirty eight million rupiahs) and at that time
the witness had conveyed her objections in her
capacity as the Senayan Operational Head Office
Branch Head to the witness Hermanus Hasan Muslim, on
the request of credit application referred by the
defendant based on the reasons that the stocks are of
high risk in values according to the witness where
its prices are fluctuative (rapidly changing), the
applicant was not willing to provide the company’s
current account in which this was to be Linda
Wangsadinata’s concern to conduct analyses of the
company and its given financial statements which are
made In-House (has never been audited), the company’s
illiquid financial situation, its high dependency on
loans, mainly loans from its stock holders. Moreover,
the company had seemed to suffer a loss of IDR 300
Million (three hundred million rupiahs) and PT.
Accent Investment Indonesia was listed as a new
debtor and had never received any credit facility
from any other banks, therefore the credit application
of IDR 60 Billion had seemed to be not feasible.
- That the witness Linda Wangsadinata’s objections had
been conveyed in oral and writing in the form of an
Internal Memo but the witness Hermanus Hasan Muslim
77
was not willing to approve Linda Wangsadinata’s
analysis suggestions and even persisted in ordering
her to process the credit application on the reason
that the stock collateral from PT. Accent Investment
Indonesia were blue chip stocks (stocks with a high
rating value) with the amount more than enough to
cover the credit application.
- That for every instructed credit application from the
defendant Robert Tantular MBA and Hermanus Hasan
Muslim as the Managing Director, the witness Hermanus
Hasan Muslim had instructed to the witness Linda
Wangsadinata that the branch, Regional Office III and
the Head of the Credit Division would not be allowed
to write any objecting statements, meaning that any
processing of every instructed credit application
from the defendant must be processed with ease.
- That out of both credit applications made by PT.
Indonesia, the witness Linda Wangsadinata had never
conducted a data analysis and made on-the-spot
surveys/visits to the companies before the credit
disbursement was done, and no records of it ever
existed as it had been an instructed credit facility
from management which was no other than the defendant
and the witness Hermanus Hasan Muslim acting as
Managing Director and the concurrent Credit Director.
78
- That regarding the credit disbursement to PT. Accent
Investment Indonesia, a field survey had actually
been conducted, however it was done without following
the required procedure, that is it was done after the
credit contract had been done between the Creditor
(Bank Century) and Debtor (PT. Accent Investment
Indonesia) and the witness had only received the data
related to PT. Accent Investment Indonesia from
witnesses Tariq Khan or Stella Angalina Hidajat by a
messenger. That the analysis made by the witness
Linda Wangsadinata on the future debtor PT. Accent
Investment Indonesia was based solely on the
financial statements for the year 2007 that was made
in-house (not yet audited) without any other
supporting documents.
- That in a normal situation, for every credit
application the bank would conduct an on-the-spot
survey in order to find out the future debtor’s
credibility and make an assessment of the following:
the capital currently owned, the character of the
future debtor and the business, the repayment
capacity or the ability to compete with rival
businesses in the same industry, the collateral
given, meaning the future debtor’s ability to provide
an asset that could cover the amount of credit
applied. The results of these assessments will then
79
be written in a Credit Analysis Memorandum (CAM) and
specifically for the collateral assessment will be
written in a Collateral Analysis and Assessment Form
(CAAF) from an Appraisals Officer, an analysis of the
company’s current account and the analysis of the
company’s financial statements, particularly on the
company’s profit/loss. When these steps have been
taken and the credit application is deemed feasible,
a Credit Approval Form (CAF) will be made and the
next step would be attaching the CAF with other
supporting documents and submitted to the Credit
Committee for further analysis.
---- The above actions committed by the defendant
ROBERT TANTULAR, MBA are regulated and charged in
violation of Article 50A of Law Number 10 Year 1998 On
The Amendment Of Law Number 7 Year 1992 On Banking Jo
Article 55 Paragraph (1) Of The Penal Code Jo Article
65 Of The Penal Code ---------------------
AND
THIRD:
---- That he, ROBERT TANTULAR, MBA as an affiliate of
PT. Bank Century, Tbk., had at a certain time circa
2003 until November 2008 or at the least of circa 2003
to 2008, located at the Bank Century Head Office at
Asia Afrika Street, Gelora Sub-District, Tanah Abang
80
District, Central Jakarta or at the least in any places
located within the legal jurisdiction of the Central
Jakarta District Court, conducting solely and
collectively with Rafat Ali Rizvi (Wanted List) and
Hesham Al Warraq (Wanted List), who, in deliberation,
failed to take the necessary measures to ensure the
bank’s compliance to the laws and regulations of
banking, that of the failure to act in accordance to
the Letter Of Commitment (LOC) signed by the defendant
on October 15th 2008 and November 16th 2008, in which
the conduct was committed by the defendant in the
following ways:
- That PT. Bank Century Ltd which was previously named
PT. Bank Century Intervest Corporation (Bank CIC),
was established in 1989 and commenced operations in
1990 with Hasyim Tantular acting as Managing Director
(father of the defendant Robert Tantular), while the
position of Director was held by Robert Tantular who
was also the original stock holder. In 1992 the
defendant became the Managing Director after the
passing of his father.
- That the defendant held the position of Managing
Director until June 2000 whereby he was replaced by
Aziz Rajkotwala (Foreign Citizen – FC), and the
witnesses Hamidy and Anthony C. Kartawira were
81
appointed as Directors along with the witness
Poerwanto Kamsjadi as Commissioner.
- That Rafat Ali Rizvi acted as the Leading
Commissioner and had also acted as the management of
Chinkara Limited based in Singapore. Chinkara Liited
had been one of Bank CIC’s stock holder. Later on the
ownership of Chinkara Limited was transferred to
Hesham Al Warraq and the company relocated from
Singapore to Saudi Arabia. Then, at the request of
the Board of Directors to Bank Indonesia, Hesham Al
Warraq was nominated for Leading Commissioner of Bank
CIC and the nomination had been approved by Bank
Indonesia.
- That circa 2001 Bank CIC through Aziz Rajkotwala as
Managing Director and concurrently acting as Treasury
Director had invested in Credit Link Note (CLN)
securities with the Singaporeans and several other
banks with the underlying securities backed up by the
Indonesian government.
- That later in 2003 the CLN was declared as default,
hence Bank CIC would receive its payment in the form
of an Indonesian government-backed securities, in
which Bank Indonesia requested that the securities be
sold. However, Rafat Ali Rizvi, in his capacity as
the owner of First Gulf Asia Holdings Limited
(previously named Chinkara Limited) had exchanged it
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with several Acts of Deposit (CD’s) issued by a
number of overseas banks with a term of five years.
- That later in December 2004 a merger had occurred
between Bank CIC, Bank PIKKO and Bank DANPAC in
accordance to the Bank Indonesia’s Governor’s Decree
Number 6/87/KEP.GB1/2004 dated December 6th 2004
regarding the approval of a merger and the Law &
Human Rights Minister’s Decree Number C-
30117.HT.01.04 TH 2004 dated December 14th 2004
regarding the approval of the Amendment in the
Corporate Charter and the company’s name change into
PT. Bank Century Ltd.
- That on December 15th 2004 Bank Century had formally
commenced operations with the witness Hermanus Hasan
Muslim acting as Managing Director, Hamidy as
Assistant Managing Director, Edward Situmorang as
Compliance Director, Hesham Al Warraq (Foreign
Citizen – Wanted List) as Assistant Leading
Commissioner, Rusli Prakarsa and Poerwanto Kamsjadi
as Commissioners, along with the defendant Robert
Tantular and Rafat Ali Rizvi as the Majority
Stockholders and in accordance to the Bank Indonesia
Letter Number 7/106/GBI/DPIP/Confidential dated
December 9th 2005 stating Hesham Al Warraq as the
Controlling Stockholder.
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- That based on the merger between Bank CIC, Bank PIKKO
and Bank DANPAC into Bank Century, therefore a
mixture/combination of debts or assets and
liabilities had occurred in Bank Century where one of
them was the purchase of securities and the payment
to be made on the maturity dates.
- That the composition of Bank Century Ltd’s stockholders
as of September 30th 2008 in accordance with the Bank
Century Letter Number 594/Century/D/IX/08 dated
October 10th 2008 is as follows:
a. Clearstream Banking SA Luxembourg.
b. First Gulf Asia Holdings Limited, where its stocks
are partially controlled by Hesham Al Warraq.
c. PT. Century Mega Investindo, where its stocks are
partially controlled by the defendant’s family.
d. PT. Antaboga Delta Sekuritas, where its stocks are
partially controlled by the defendant.
e. PT. Century where its stocks are partially
controlled by the defendant’s family.
f. The public in the value of 55.87%.
- While based on the Shareholders Agreement dated
January 7th 2008 the majority/controlling
stockholders are the defendant and Rafat Ali Rizvi.
- That:
a. Based on the Bank Indonesia’s monitoring results,
it was discovered that Bank Century had in
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possession several securities to the amount of USD
203.400.000 (two hundred and three million four
hundred thousand American dollars) issued by 11
emittent overseas companies which was originally
purchased through the controlling stockholder
(Rafat Ali Rizvi/Chinkara Limited). Based on Bank
Indonesia’s research, the securities did not have
a rating therefore in accordance with the
regulations under the Bank Indonesia Regulation on
the Productive Asset Quality, the securities were
listed as Default as having a high risk. Hence,
Bank Indonesia had requested that the controlling
stockholders carry out a cash settlement.
b. The controlling stockholders who had established
the Telltop Holdings Ltd located at 2nd
floor,Abbott Building,Road Town, Tortola, British
Virgin Islands who would manage and settle the
securities by placing (through Telltop Holdings
Ltd) a security deposit to the bank the sum of USD
220 Million (two hundred and twenty million
American dollars) deposited at the Dresdner Bank
Zurich (Switzerland) under Telltop Holding Ltd’s
account for the interests of Bank Century as a
pledge deposit, as stated in the Asset Management
Agreement (AMA) dated February 17th 2006 between
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Bank Century (signed by the Commissioner and
Director) and Telltop Holdings Ltd.
- That based on the Bank Indonesia’s monitoring results,
the securities to the amount of USD 203.400.000 (two
hundred and three million four hundred thousand
American dollars) issued by 11 emitent overseas
companies which was purchased by the stockholders
Robert Tantular, Rafat Ali Rizvi and Hesham Al
Warraq, did not have a rating, hence it was not in
accordance to the regulations under the Bank
Indonesia Regulation on the Productive Asset Quality.
Therefore in this case the management and stockholders
of Bank Century did not carry out the cautionary
principles that resulted in the securities being
listed as Default from the high risk attached to it.
- That up to this moment, the securities issued by the
11 overseas emittent companies purchased by Bank
Century and transferred/controlled by the First Gulf
Asia Holdings Limited are as follows:
a. Securities issued by the National Australia Bank
valued each at USD 15 Million (fifteen million
American dollars) and USD 30 Million (thirty
million American dollars) with the maturity date
of November 3rd 2008, currently in the custody of
the First Gulf Asia Holdings Limited in the
Bahamas.
86
b. Securities issued by the Nomura Bank Int’l valued
each at USD 10 Million (ten million American
dollars) and USD 1 Million (one million American
dollars) with the maturity date of December 9th
2008, currently in the custody of the First Gulf
Asia Holdings Limited in the Bahamas.
c. Securities issued by the Lehmann Brothers Bankhaus
Ldn. valued USD 8 Million (eight million American
dollars) with the maturity date of April 25th
2014, currently in the custody of the First Gulf
Asia Holdings Limited in the Bahamas.
d. Securities issued in the form of US Treasury Bonds
valued each at USD 7.4 Million (seven million four
hundred thousand American dollars) and USD 13.36
Million (thirteen million three hundred and sixty
thousand American dollars) with the maturity date
of August 15th 2011, currently in the custody of
the First Gulf Asia Holdings Limited in the Bahamas.
e. Securities in the form of Interest Strips valued
at USD 2.52 Million (two million five hundred and
twenty thousand American dollars) with the
maturity date of August 15th 2011, currently in
the custody of the First Gulf Asia Holdings
Limited in the Bahamas.
- That the location or transfer of Bank Century’s
securities to the custody of the First Gulf Asia
87
Holdings Limited in the Bahamas was based on the
meeting of the Board of Directors and Commissioners
and the approval from the defendant as the stockholder.
- That a total of 8 (eight) securities belonging to
Bank Century in which up to this day are still under
the custody of First Gulf Asia Holdings Limited
amounts to USD 87.280.000 (eighty seven million two
hundred and eighty thousand American dollars).
- That aside from the 8 (eight) securities belonging to
Bank in Century which up to this day are still under
the custody of First Gulf Asia Holdings Limited,
there remains other securities issued by the Banca
Populare Milano Ldn. Amounting to USD 11 Million
(eleven million American dollars) which matured on
October 30th 2008 and has not been paid to Bank Century.
- Based on the Bank Indonesia’s monitoring results
towards Bank Century on March 31st 2006, it was
discovered that on October 2005 most of the foreign
currency securities that amounted to USD 50 Million
(fifty million American dollars) had been transferred
by Bank Century to the First Gulf Asia Holdings
Limited, the reason being that the transferring of
those securities to the First Gulf Asia Holdings
Limited was that Bank Century had requested that the
First Gulf Asia Holdings Limited would sell them.
Some of the foreign currency securities to the amount
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of USD 139.720.000 (one hundred and thirty nine
million seven hundred and twenty thousand American
dollars) are still in the First Gulf Asia Holdings
Limited’s custody which did not have the license as a
custodian, therefore the transfer decision was not in
line with the cautionary principles and Bank Century
would be obliged to accept a high financial risk had
the First Gulf Asia Holdings Limited not been able to
return the foreign currency securities as their
placement at the First Gulf Asia Holdings Limited was
not guaranteed by an agreement contract.
- That by the custody of the 8 (eight) foreign currency
securities belonging to Bank Century by the First
Gulf Asia Holdings Limited, Bank Century had been
liable to absorb a loss as the First Gulf Asia
Holdings Limited was unable to sell them. In
addition, the 8 (eight) foreign currency securities
did not have a rating (except for the US Treasury
Bonds and Interest Strips) are at the risk of a
potential Default in accordance with the Bank
Indonesia Regulation Number 7/2/PBI/2005 dated
January 20th 2005. Therefore, Bank Indonesia had
requested that Bank Century’s stockholders and
management settle/pay for the securities and its
proceeds to be deposited to Bank Century’s account.
89
- That based on Article 14 of the Bank Indonesia
Regulation Number 7/2/PBI/2005 dated January 20th
2005 Paragraph (2) Point A that states that
securities are to be classified as Current only on
the conditions that:
1. It has a high rating.
2. Any other coupon or liabilities in common are
paid/settled in the exact amount and time
according to the contract.
3. Has not yet matured.
- That as of this moment Bank Century’s foreign
currency securities are as follows:
a. Unrated securities issued by the Banca Populare
Milano in London to the sum of USD 11 Million
matured on October 30th 2008.
b. Unrated securities issued by the National
Australia Bank valued each at USD 15 Million
(fifteen million American dollars) and USD 30
Million (thirty million American dollars) with the
maturity date of November 3rd 2008 currently in
the custody of the First Gulf Asia Holdings
Limited in the Bahamas.
c. Unrated securities issued by the Nomura Bank Int’l
valued each at USD 10 Million (ten million
American dollars) and USD 1 Million (one million
American dollars) with the maturity date of
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December 9th 2008, currently in the custody of the
First Gulf Asia Holdings Limited in the Bahamas.
d. Unrated securities issued by the Lehmann Brothers
Bankhaus Ldn. valued USD 8 Million (eight million
American dollars) with the maturity date of April
25th 2014, currently in the custody of the First
Gulf Asia Holdings Limited in the Bahamas.
- That according to Article 14 of the Bank Indonesia
Regulation Number 7/2/PBI/2005 dated January 20th
2005 Paragraph (2) Point A, the above securities are
classified as Default. The grounds that they are
unrated are from the data & information received from
Bloomberg (Information Provider Institution), which
among the information provided are in regards to
information on internationally commercialized
securities.
- That Bank Indonesia had previously sent a warning
notice to Bank Century with the following details:
1. Bank Indonesia Letter Number 7/121/DPwB11/
Confidential dated December 22nd 2005 regarding
the commitment on the sale of foreign currency
securities, in which it states the request to the
Controlling Stock Holders (HESHAM AL WARRAQ and
RAFAT ALI RIZVI) where it was conveyed through
Bank Century that the controlling stockholders
fulfill their commitment which they made during
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the October 3rd and 4th meeting in regards to the
sale of foreign currency securities, as late as
December 31st 2005.
2. Bank Indonesia Letter Number 8/9/DPB1 dated April
4th 2006 regarding the settlement commitment of
Bank Century’s Foreign Securities, in which it
states the request upon the Controlling Stock
Holders (HESHAM AL WARRAQ and RAFAT ALI RIZVI),
where it was conveyed through Bank Century the US
Treasury Strip securities to the sum of USD 70
Million to Bank Century before April 7th 2006.
3. Bank Indonesia Letter Number8/63/DPB1/Confidential
dated June 7th 2006 to the Controlling Stock
Holder (HESHAM AL WARRAQ and RAFAT ALI RIZVI),
which was delivered via Bank Century the
commitment to return the US Treasury Notes,
Interbank CD and additional paid-in capital for
Bank Century, in which it states the returning of
US Treasury Strips to the sum of USD 20.36
Million (twenty million and three hundred and
sixty thousand dollars) and USD 4.32 Million
(four million and three hundred and twenty
thousand dollars) immediately to Bank Century.
4. Bank Indonesia Letter to the Bank Century Board
Of Directors Number 10/57/DPB1/Confidential dated
March 18th 2008, regarding the liquidity state of
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Bank Century, which states that Bank Century
should take the necessary measures of risk
mitigation in order to avoid liquidity issues.
Of Directors Number 10/78/DPB1/Confidential dated
April 14th 2008 regarding the issues settlement
of Bank Century, in which it requests the
Controlling Stock holder and the foreign currency
securities issuer to settle Bank Century’s
securities issues.
Of Directors Number 10/119/DPB1/Confidential
dated June 17th 2008 regarding the issues
settlement of Bank Century, in which it clarifies
to the Board Of Directors to carry out measures
such as pressuring the Controlling Stock Holder
and RAFAT ALI RIZVI to return each and every Bank
Century’s foreign currency securities that are
Limited (FGAH), and requesting them to pay for
every non-performing foreign currency securities.
7. Bank Indonesia Letter Number 10/152/DPB1/Confidential
dated August 6th 2008 to the Controlling Stock
Holder (HESHAM AL WARRAQ) and RAFAT ALI RIZVI,
which was delivered via Bank Century regarding
the securities that amount to USD 106 Million
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(one hundred and six million dollars) with the
maturity by 2008 and USD 87 Million (eighty seven
million dollars) in possession by the First Gulf
Asia Holdings Limited (FGAH). The contents of the
letter requests that the Controlling Stock Holder
and RAFAT ALI RIZVI pay for the securities about
to mature and return the ones that are still
being kept by the First Gulf Asia Holdings
Limited (FGAH) to Bank Century.
dated September 15th 2008 to the Controlling
Stock Holder, which was delivered via Bank
Century regarding the settlement for Bank
Century’s non-performing foreign currency
securities and assets. The content of the letter
shows a request to the Controlling Stock Holder
to pay for the Foreign currency securities in
cash to the amount of USD 106 Million (one
hundred and six million dollars) which matured at
2008 to Bank Century.
Of Directors Number 10/169/DPB1/Confidential
dated September 23rd 2008 regarding the
settlement concerning Bank Century’s Foreign
currency securitiesvand Liquidity Issues. The
letter contains information such as the request
94
to the Board Of Directors to pressure the
Controlling Stock Holder and RAFAT ALI RIZVI to
return the Foreign currency securitiesvamounting
to USD 87.28 Million (eighty seven million two
hundred and eighty thousand dollars).
of Directors Number 10/171/DPB1/Confidential
dated September 26th 2008 in regards to Bank
Century’s Liquidity and Rentability. The letter
contains information requesting the Board Of
Directors to improve Bank Century’s Liquidity and
currency securities maturing at September 30th 2008
dollars) and for the trimester 2008 amounting to
USD 83 Million (eighty three million dollars).
11. Bank Indonesia to the Bank Century Board of
Directors Number 10/175/DPB1/Confidential dated
October 14th 2008 regarding Bank Century’s
Liquidity. The contents indicate a request made
to the Board Of Directors to carry out urgent
measures for the Controlling Stock Holder to pay
the Foreign currency securities that matured on
October 30th 2008 amounting to USD 11 Million
(eleven million dollars) and USD 45 Million
(forty five million dollars) that matured on
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November 3rd 2008, as well as urging the
Controlling Stock Holder to return USD 87.28
Million (eighty seven million two hundred and
eighty thousand dollars).
- That based on the worsening condition of Bank
Century’s liquidity, on October 15th 2008 a meeting
was held at the Bank Indonesia Head Office between
Bank Indonesia officials and Bank Century
stockholders and management that is the Board of
Commissioners and Directors to discuss the necessary
steps to handle the non-performing securities.
- That those who had attended the October 15th 2008
meeting were:
From Bank Indonesia:
• Director of Bank Supervision I, the witness ZAINAL
ABIDIN;
• Deputy Director of Bank Supervision Directorate I,
the witness HERU KRISTIYANA;
• The witness PAHLA SANTOSO;
• The witness PURWANTO SOEMARTO;
• The witness HISBULLAH and several other Supervisors.
While Bank Century were represented by the following:
• The defendant and stockholder ROBERT TANTULAR;
• The stockholders RAFAT ALI RIZVI and HESHAM AL
WARRAQ;
96
• The Managing Director, the witness HERMANUS HASAN
MUSLIM;
• The Treasury Director, the witness KRISNA JAGATEESEN
(Wanted List);
• The Directors, witnesses HAMIDY and LILA KOMALADEWI
GONDOKUSUMO;
• The Leading Commissioner, the witness SULAIMAN
AHMAD BASYIR;
• The Commissioners, witnesses PURWANTO KAMSJADI and
RUSLI PRAKARSA.
- From the meeting held in Bank Indonesia, it was
concluded that the Bank Century stockholders ROBERT
TANTULAR, RAFAT ALI RIZVI and HESHAM AL WARRAQ had
written a Letter Of Commitment dated on October 15th
2008 which contained the following:
a. That they had pledged to settle the following
matured securities:
- On October 30th 2008 the securities valued at USD
11 Million (eleven million American dollars).
- On November 3rd 2008 the securities valued at USD
45 Million (forty five million American dollars).
- On December 9th 2008 the securities valued at
USD 27 Million (twenty seven million American
dollars), and
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- At the end of February 2009 the securities
valued at USD 40.4 Million (forty million four
hundred thousand American dollars).
Other than that they had also pledged to
immediately settle the securities from JP Morgan
Luxembourg Banking SA valued at USD 25 Million
(twenty five million American dollars) and the
Nomura Bank Int’l Plc, London valued at USD 40
Million (forty million American dollars).
b. To return or settle in cash to Bank Century the
securities belonging to Bank Century that were
under the custody of the First Gulf Asia Holdings
Limited to the value of USD 15.880.000 (fifteen
million eight hundred and eighty thousand American
dollars).
c. To pay for the matured securities on October 30th
2008 to the value of USD 15 Million (fifteen
million American dollars) and on November 3rd 2008
to the value of 7 Million (seven million American
dollars) which were used as collateral by PT.
Cantingmas Persada and PT. Wibowo Wadah Rezeki.
d. To place additional capital to Bank Century or
seek a new investor to settle Bank Century’s
matters as late as March 31st 2009.
- That furthermore Bank Indonesia had warned Bank
Century through the Bank Indonesia Letter Number
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10/181/DPB1/Confidential dated October 28th 2008
requesting the Board Of Directors to urge the HESHAM
AL WARRAQ/Controlling Stock Holder, RAFAT ALI RIZVI
and ROBERT TANTULAR to immediately settle the
securities amounting to USD 188.40 Million (one
hundred and eighty eight million four hundred
thousand dollars).
- That furthermore Bank Indonesia had again warned
HESHAM AL WARRAQ/Controlling Stock Holder, RAFAT ALI
RIZVI and ROBERT TANTULAR through the Bank Indonesia
Letter Number 10/185/-DPB1/Confidential dated October
29th 2008 regarding the liquidity state of Bank
Century, which requests the stock holder to fulfill
the commitment to pay in cash all the Surat-Surat
Berharga, especially those that matured on October
30th 2008 amounting to USD 11 Million (eleven million
dollars) and on November 3rd 2008 amounting USD 45
Million (forty five million dollars).
- That it turned out that the securities belonging to
Bank Century that matured on October 30th 2008 and
November 3rd 2008 with the total of USD 56 Million
(fifty six million American dollars) could be settled
by the defendant, RAFAT ALI RIZVI and HESHAM AL
WARRAQ to Bank Century, which resulted the bank
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failing to fulfill its commitment to the depositors
and the violation of the 5% minimum from the total
amount of third party deposits (current account,
savings and timed deposits belonging to the public)
at Bank Century.
- That furthermore, Bank Indonesia had sent a letter to
10/537/DPB1/Confidential dated November 4th 2008
regarding the US Treasury Strip of Bank Century,
which urges the stock holder to settle the payment of
the Foreign currency securitiesthat matured on
October 30th 2008 amounting to USD 11 Million (eleven
million dollars) and on November 3rd 2008 amounting
USD 45 Million (forty five million dollars), as well
as return the Bank’s Foreign currency securities
amounting to USD 15.88 Million (fifteen million
eighty eight thousand dollars) which is in possession
by the First Gulf Asia Holdings Limited (FGAH).
- Due to Bank Century suffering from liquidation
difficulties, therefore Bank Indonesia had granted a
Short Term Funding Facility (STFF) to the sum of IDR
502 Billion (five hundred and two million rupiahs) on
October 14th 2008.
- Further more Bank Indonesia had again requested the
defendant and RAFAT ALI RIZVI, through the Bank
Century’s Board Of Directors to fulfill their
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commitment and on November 16th 2008, at the Bank
Indonesia Head Office, the defendant and RAFAT ALI
RIZVI had again signed a Letter Of Commitment
containing the following:
a. To transfer the securities belonging to Bank
Century to a custodian bank in Indonesia
registered under PT. Bank Century, including the
US Treasury Notes with the value of USD 41Million
that were deposited at the Dresdner Bank in
Switzerland.
b. To return the payment proceeds for the matured
securities and negotiable Acts of deposit (NCD’s)
from West LB to the sum of USD 16 Million and
National Australia Bank to the sum of USD 45
million.
c. To fulfill every commitment from the First Gulf
Asia Holdings Limited and Outlook Investment Plc,
whether direct or indirectly controlled by and
managed by Rafat Ali Rizvi and PT. Century Mega
Investindo, whether direct or indirectly
controlled by and managed by the defendant as
stated in the October 15th Letter Of Commitment.
d. To transfer every Bank Century stocks owned by the
First Gulf Asia Holdings Limited of 32% and PT.
Century Mega Investindo of 38% to be placed in
custody in Indonesia.
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e. Would not use any securities and NCD’s belonging
to Bank Century as collateral in other parties for
the benefit of them both.
- That after the signing of the Letter Of Commitment
dated November 16th 2008, the defendant and RAFAT ALI
RIZVI had again been unable to fulfill their
commitments, therefore Bank Indonesia had again
granted a Short Term Funding Facility (STFF) to the
sum of IDR 187 Billion on November 18th 2008.
- Considering the declining liquidity condition of Bank
Century in fulfilling their commitment to the public,
therefore on November 21st 2008 the handling of Bank
Century was given over to the Indonesian Deposit
Insurance Corporation).
- That the letters containing warnings from Bank
Indonesia on the performance of Bank Century had not
been responded either by its management nor the
majority/controlling stockholders.
- That the commitments as stated in the letters of
commitment dated October 15th 2008 and November 16th
2008 had not been fulfilled by the defendant, Hesham
Al Warraq and Rafat Ali Rizvi.
The above actions committed by the defendant ROBERT
TANTULAR, MBA are regulated and charged in violation of
Article 50 of Law Number 10 Year 1998 On The Amendment of Law
102
Number 7 Year 1992 On Banking Jo Article 55 Paragraph (1) Of
The Penal Code
In considering, that to prove the accusations the
Prosecutor declares evidence in the form of:
a. 17 (seventeen) pieces of letters/1 set of 17 letters
comprising of (To The Commissioner and Directors of
Bank Century dated October 18th 2005, and First Gulf
Asia Holdings Limited dated October 17th 2009 signed by
Rafat A. Rizvi, and ABN AMRO Private Banking dated
October 18th 2005 and Asset Pledge Agreement dated
October 2005 signed by Hesham Al Warraq). Legalized
b. 1 set of 6 pieces of letters comprising of (March 21st
2006, and the Minutes of Meeting, Tuesday March 21st
2006, and Transfer of Securities number TSY
013/III/2006, dated March 22nd 2006, and number TSY
014/III/2006, dated March 22nd 2006). Legalized copy
from Bank Century.
c. 1 set of 32 pieces of letters comprising of (Confirming
Letter Of Credit Facility dated January 15th 2003, and
Secured Credit Line Arrangement Agreement dated January
31st 2003 in English, and Asset Pledge Agreement dated
January 31st 2003, and Memo and Secured Credit Line
Arrangement Agreement dated January 30th 2003 and Bank
CIC dated March 27th 2003, and Chinkara dated April 3rd
103
2003, and Chinkara dated March 18th 2003, and Addendum
Agreement dated June 1st 2003, and Credit Facility
Agreement dated July 17th 2003). Legalized copy from
Bank Century.
dated March 15th 2004 and April 2nd 2004). Legalized
e. 2 pieces of letters from Bank Century signed by
Hermanus H.M. Legalized copy from Bank Century.
And in the form of:
a. 15 legalized copies of PT. Bank Century Asset
Management Agreement PT. Bank Century and Telltop
Holdings LTD dated February 17th 2006.
Number 69.1/SK.DIR/Century/X/06 dated October 30th 2006
on the Treasury’s Operational Rules & Procedures for
Money Market & Securities.
And in the form of:
25th 2006 regarding a transfer of IDR 30.000.000.000
104
b. A copy of a letter from PT. Kuo Capital Raharja to Bank
Century, Tbk reference number: 007/IB/XII/05 dated
December 28th 2005 regarding a request for an advanced
deposit placement to the amount of IDR 40.000.000.000
(forty billion rupiahs) for the purchase of a bond to
the BCA JSX Branch account number 458.300-6845.
c. A copy of a letter from PT. Kuo Capital Raharja to Bank
Century, Tbk dated January 6th 2006 regarding a
securities and a discretionary funds management
proposal concerning investments in corporate securities.
e. A copy of a memorandum from the Treasury Division
Directors/Commissioner dated January 10th 2006
regarding an approval request for a funds placement to
the sum of IDR 40.000.000.000 (forty billion rupiahs)
for a funds management investment.
f. A copy of a discretionary funds contract number
010/KPD-IB/I/06 dated January 10th 2006 between PT.
105
g. A copy of a memorandum from the Treasury Division
Directors/Commissioner dated June 9th 2006 regarding an
approval request for an additional funds placement to
the sum of IDR 20.000.000.000 (twenty billion rupiahs)
for a funds management investment, hence the total
funds invested amount to IDR 60.000.000.000 (sixty
billion rupiahs).
h. A copy of a discretionary funds contract number
012/KPD-IB/VI/06 dated June 13thh 2006 between PT. Bank
Century as the Investor and PT. Kuo Capital Raharja as
the Investment Manager.
i. A copy of a facsimile transmittal sheet dated June 13th
2006 from PT. Kuo Capital Raharja to DJOKO H. INDRA
(Bank Century) regarding a funds transfer request to
the sum of IDR 20.000.000.000 (twenty billion rupiahs)
to PT. Kuo Capital Raharja’s BCA JSX Branch account
number 458.300-6845.
j. A copy of an RTGS transaction document dated June 13th
2006 regarding a transfer of IDR 20.000.000.000 (twenty
billion rupiahs) from the Bank Century account number
523095000 to the BCA JSX branch account registered to
PT. Kuo Capital Raharja.
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October 15th 2008.
November 16th 2008.
7/2/PBI/2005 on the Asset Quality Assessment for Public
Banks, as well as a Securities list owned by PT. Bank
Century dated September 29th 2008 and its position as
of November 20th 2008 and a rating list of the
Securities issuers.
and Foreign Currency, as well as the attachment of the
Minimum Statutory Deposit violation by PT. Bank Century
for the period of October 27th 2008 until November 21st 2008.
e. A legalized copy of the letter from Bank Century to
Bank Indonesia Number 681/Century/D/XI/2008 dated
November 10th 2008 regarding Bank Century’s List of
Stockholders for the period October 31st 2008.
f. A legalized copy of Act Number 176 dated June 30th 2005
regarding the decision statement from the annual
General Meeting of Stockholders.
g. A legalized copy of the letter from Bank Indonesia to
Bank Century Number 7/87/GBI/DPIP/Confidential, dated
107
October 26th 2005 regarding the decision on the
President Director.
Century as of March 31st 2006 by the Bank Supervision
i. A legalized copy of the letter from Bank Indonesia to
7/106/GBI/DPIP/Confidential, dated December 9th 2005
j. A legalized copy of the letter from Bank Indonesia to
8/123/GBI/DPIP/Confidential, dated October 2nd 2006
appointment of HESHAM AL WARRAQ as member of the Board
of Commissioners and KRISNA JATEESEN as member of the
Board of Directors.
22nd 2005 regarding the commitment on the sale of
WARRAQ and RAFAT ALI RIZVI) where it was conveyed through
108
Bank Century that the controlling stockholders fulfill
their commitment which they made during the October 3rd
and 4th meeting in regards to the sale of foreign
currency securities, as late as December 31st 2005.
Number 8/9/DPB1 dated April 4th 2006 regarding the
settlement commitment of Bank Century’s Foreign
Currency Securities, in which it states the request
upon the Controlling Stock Holders (HESHAM AL WARRAQ
and RAFAT ALI RIZVI), where it was conveyed through
Bank Century the US Treasury Strip securities to the sum
of USD 70 Million to Bank Century before April 7th 2006.
Number8/63/DPB1/Confidential dated June 7th 2006 to the
Controlling Stock Holder (HESHAM AL WARRAQ) and RAFAT
ALI RIZVI, which was delivered via Bank Century the
commitment to return the US Treasury Notes, Interbank
CD and additional paid-in capital for Bank Century, in
which it states the returning of US Treasury Strips to
the sum of USD 20.36 Million (twenty million and three
hundred and sixty thousand dollars) and USD 4.32
Million (four million and three hundred and twenty
thousand dollars) immediately to Bank Century.
n. A legalized copy of the letter from Bank Indonesia to
10/57/DPB1/Confidential dated March 18th 2008, regarding
109
the liquidity state of Bank Century, which states that
Bank Century should take the necessary measures of risk
10/78/DPB1/Confidential dated April 14th 2008 regarding
securities issues.
p. A legalized copy of the letter from Bank Indonesia to
10/119/DPB1/Confidential dated June 17th 2008 regarding
measures such as pressuring the Controlling Stock
Holder and RAFAT ALI RIZVI to return each and every
Bank Century’s foreign currency securities that are
Limited (FGAH), and requesting them to pay for every
non-performing foreign currency securities.
Number 10/152/DPB1/Confidential dated August 6th 2008
to the Controlling Stock Holder (HESHAM AL WARRAQ) and
regarding the securities that amount to USD 106 Million
110
(one hundred and six million dollars) with the maturity
by 2008 and USD 87 Million (eighty seven million
dollars) in possession by the First Gulf Asia Holdings
Limited (FGAH). The contents of the letter requests
that the Controlling Stock Holder and RAFAT ALI RIZVI
pay for the securities about to mature and return the
ones that are still being kept by the First Gulf Asia
Holdings Limited (FGAH) to Bank Century.
Number 10/163/DPB1/Confidential dated September 15th
delivered via Bank Century regarding the settlement for
Bank Century’s non-performing Foreign currency
securities and assets. The content of the letter shows
a request to the Controlling Stock Holder to pay for
the Foreign currency securities in cash to the amount
of USD 106 Million (one hundred and six million
dollars) which matured at 2008 to Bank Century.
the Bank Century Board of Directors Number 10/169/DPB1/
Confidential dated September 23rd 2008 regarding the
settlement concerning Bank Century’s Foreign currency
securities and Liquidity Issues. The letter contains
information such as the request to the Board of
Directors to pressure the Controlling Stock Holder and
RAFAT ALI RIZVI to return the Foreign currency
111
securities amounting to USD 87.28 Million (eighty seven
t. A legalized copy of the letter from Bank Indonesia to
10/171/DPB1/Confidential dated September 26th 2008 in
regards to Bank Century’s Liquidity and Rentability.
The letter contains information requesting the Board of
dollars) and for the trimester 2008 amounting to USD 83
Million (eighty three million dollars).
u. A legalized copy of the letter from Bank Indonesia to
matured on October 30th 2008 amounting to USD 11
Million (eleven million dollars) and USD 45 Million
(forty five million dollars) that matured on November
3rd 2008, as well as urging the Controlling Stock
Holder to return USD 87.28 Million (eighty seven
112
requesting the Board of Directors to urge the HESHAM AL
WARRAQ/Controlling Stock Holder, RAFAT ALI RIZVI and
ROBERT TANTULAR to immediately settle the securities
amounting to USD 188.40 Million (one hundred and eighty
eight million four hundred thousand dollars).
w. A legalized copy of the letter from Bank Indonesia to
RIZVI and ROBERT TANTULAR Number 10/185/-
DPB1/Confidential dated October 29th 2008 regarding the
liquidity state of Bank Century, which requests the
stock holder to fulfill the commitment to pay in cash
all the securities, especially those that matured on
million dollars) and on November 3rd 2008 amounting USD
45 Million (forty five million dollars).
x. A legalized copy of the letter from Bank Indonesia to
10/537/DPB1/Confidential dated November 4th 2008
regarding the US Treasury Strip of Bank Century, which
urges the stock holder to settle the payment of the
foreign currency securities that matured on October
113
30th 2008 amounting to USD 11 Million (eleven million
dollars) and on November 3rd 2008 amounting USD 45
Million (forty five million dollars), as well as return
the Bank’s foreign currency securities amounting to USD
15.88 Million (fifteen million eighty eight thousand
dollars) which is in possession of the First Gulf Asia
Holdings Limited (FGAH).
And in the form of:
Internasional, Tbk, position as of November 30th 2002.
dated October 14th 2004 regarding General Audit Report
on Bank Saudara, position as of November 30th 2003.
dated October 13th 2005 regarding Minutes of Meeting
dated January 18th 2006 regarding General Audit Report
on Bank Saudara, position as of February 28th 2006.
f. PT. Bank Century Tbk’s General Audit Report, position
as of February 28th 2005.
114
a. 7 (seven) sheets of Decision of Minister of Justice of
the Republic of Indonesia Number C2-6196.HT.01.01.TH.89
dated July 12th 1989 and Supplement to State Gazette of
the Republic of Indonesia dated May 4th 1993 Number 36
2128.HT.01.04.TH.97 dated March 27th 1997 and Data of
Company’s Articles of Association Amendment Act and Act
Number 310 dated February 28th 1997 (Legalized copy by
PT. Bank Century).
the Republic of Indonesia Number 51 dated June 27th
1997 and Data of Company’s Articles of Association
Amendment Act and Act Number 310 dated February 28th
1997 (Legalized copy by PT. Bank Century).
Republic of Indonesia Number 51 dated June 27th 1997
Act and Act Number 351 dated January 29th 1997
Republic of Indonesia Number 50 dated June 23rd 1998
f. 5 (five) sheets of Decision of Minister of Justice of
the Republic of Indonesia Number C-
115
10.641.HT.01.04.TH.99 dated June 8th 1999 and Data of
Improvement Act Number 16 dated June 4th 1999
g. 7 (seven) sheets of Act No 131 dated June 29th 1999
Extraordinary General Meeting of Stockholders
Republic of Indonesia Number 4 dated January 14th 2005
and Act Number 280 dated June 30th 2004 regarding PT.
Bank CIC Internasional Tbk’s Meeting Decision Statement
UM.02.01.8371 dated July 16th 2004 and Act Number 287
dated June 30th 2004 regarding Minutes of PT. Bank CIC
Internasional Tbk Annual General Meeting of
j. 17 (seventeen) sheets of Act No 145 dated October 22nd
2004 regarding Minutes of PT. Bank CIC Internasional
Tbk Extraordinary General Meeting of Stockholders
k. 6 (six) sheets of Act No 163 dated October 25th 2004
regarding Meeting Decision Statement (Legalized copy by
PT. Bank Century).
116
l. 12 (twelve) sheets of Letter of Minister of Justice and
27359.HT.01.01.TH.2004 dated November 2nd 2004 and Act
Number 287 dated June 30th 2004 regarding Acceptance of
Report on PT. Bank CIC Internasional Tbk’s Articles of
Association Amendment Act and Act Number 160 dated
October 22nd 2004 regarding PT. Bank CIC Internasional
Tbk’s Meeting Decision Statement (Legalized copy by PT.
Bank Century).
m. 21 (twenty one) sheets of Act No 158 dated October 22nd
2004 regarding Merger Act of PT. Bank Danpac Tbk and
PT. Bank Pikko into PT. Bank CIC Internasional Tbk
n. 6 (six) sheets of Act No 136 dated November 26th 2004
regarding Addendum to Merger Act of PT. Bank Danpac Tbk
and PT. Bank Pikko into PT. Bank CIC Internasional Tbk
o. 5 (five) sheets of Act No 142 dated November 26th 2004
regarding PT. Bank CIC Internasional Tbk’s Meeting
Decision Statement (Legalized copy by PT. Bank
Century).
p. 8 (eight) sheets of Letter of Minister of Justice and
UM.02.01.15105 dated December 16th 2004 regarding
117
and Act Number 84 dated December 15th 2004 regarding
q. 11 (eleven) sheets of Letter of Minister of Justice and
20789 HT.01.04.TH.2005 dated July 27th 2005 regarding
of Association Amendment Act and Act Number 159 dated
June 29th 2005 regarding Minutes of PT. Bank CIC
Internasional Tbk’s Extraordinary General Meeting of
29th 2005 regarding Minutes of PT. Bank Century Tbk
UM.02.01.12342 dated August 24th 2004 regarding
Century Tbk’s Board of Directors/Commissioners and Act
Number 176 dated June 20th 2005 regarding PT. Bank
t. 11 (eleven) sheets of Act No 231 dated June 29th 2006
118
General Meeting of Stockholders (Legalized copy by PT.
Bank Century).
UM.02.01.12157 dated July 17th 2006 regarding
Acceptance Notification of Change to PT. Bank Century
Tbk’s Board of Directors/Commissioners and Act Number
39 dated July 11th 2006 regarding Meeting Decision
Statement of PT. Bank Century’s Annual General Meeting
v. 11 (eleven) sheets of Letter of Minister of Justice and
Human Rights of the Republic of Indonesia Number W7-
HT.01.10.9175 dated June 25th 2007 regarding Acceptance
Notification of Change to PT. Bank Century Tbk’s Board
of Directors/Commissioners and Act Number 22 dated June
w. 7 (seven) sheets of Act Number 23 dated June 5th 2007
Bank Century).
x. 7 (seven) sheets of Act Number 113 dated June 12th 2008
Bank Century).
119
y. 10 (ten) sheets of Act Number 112 dated June 12th 2008
Bank Century).
dated March 24th 2006 regarding Minutes of Meeting with
the Central Bank of Indonesia (Legalized copy by PT.
Bank Century).
dated March 17th 2006 regarding Invitation from the
Central Bank of Indonesia (Legalized copy by PT. Bank
Century).
dated April 4th 2006 regarding Invitation from the
Century).
dated July 17th 2006 regarding Invitation from the
Century).
Century).
dated May 2nd 2006 regarding Invitation from the
120
Century).
Century).
Century).
dated November 1st 2006 regarding Invitation from the
Century).
Century).
dated December 28th 2006 regarding Response to the
letter from Bank Indonesia (Legalized copy by PT. Bank
Century).
dated August 22nd 2007 regarding Meeting Invitation
from the Central Bank of Indonesia (Legalized copy by
PT. Bank Century).
121
dated August 22nd 2007 regarding Meeting Invitation
from the Central Bank of Indonesia (Legalized copy by
PT. Bank Century).
dated April 17th 2008 regarding Response to the Letter
from Bank Indonesia (Legalized copy by PT. Bank
Century).
dated June 2nd 2008 regarding Reminder for Response to
the Letter from Bank Indonesia (Legalized copy by PT.
Bank Century).
dated June 9th 2008 regarding Reminder for Results of
the Meeting with Bank Indonesia (Legalized copy by PT.
Bank Century).
dated September 23rd 2008 regarding Settlement of USD
Century).
Century).
dated October 28th 2008 regarding Progress of the
122
Century).
dated October 28th 2008 regarding Progress of the
Century).
dated November 19th 2008 regarding Mandatory
Supervisory Action for the Bank (Legalized copy by PT.
Bank Century).
dated November 19th 2008 regarding Mandatory
Supervisory Action for the Bank (Legalized copy by PT.
Bank Century).
And in the form of:
123
389/Century/D/VI/2006 dated June 1st 2006 (Legalized
383/Century/D/VI/2006 dated May 30th 2006 (Legalized
362/Century/D/VI/2006 dated May 22nd 2006 (Legalized
107/Century/D/II/2006 dated February 13th 2006
078/Century/D/I/2006 dated January 27th 2006 (Legalized
124
418/Century/D/IV/2006 dated April 15th 2006.
144/Century/D/IV/2006 dated April 2nd 2006.
274/CIC/D/VI/2003 dated June 23rd 2003 (Legalized copy
205/CIC/D/V/2003 dated May 19th 2003.
038/CIC/D/I/2003 dated January 29th 2003 (Legalized
4. Confiscated from ROBERT TANTULAR, MBA, in the form of:
a. 1 (one) piece of Mobile Telephone, Nokia brand, Serial
Number 6155, silver colored.
b. 1 (one) piece of Mobile Telephone, Nokia brand, Serial
Number: N-70, silver colored.
- 1 (one) piece of a Mobile Telephone, Nokia brand, Type
6020, Black color, IMEI (International Mobil Equipment
Identity) serial number 3597720003888406, telephone
number 08161117150
And in the form of:
125
a. 1 (one) bundle of legalized copies of Senayan Operational
Head Office’s daily stock card of Foreign Exchange Bank
Note, month of January 2008, which consists of 3
(three) sheets per day for 21 (twenty one) days;
b. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of February 2008, which consists of 3
(three) sheets per day for 20 (twenty) days;
c. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of March 2008, which consists of 3 (three)
sheets per day for 18 (eighteen) days;
d. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of April 2008, which consists of 3 (three)
sheets per day for 22 (twenty two) days;
e. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of May 2008, which consists of 3 (three)
sheets per day for 20 (twenty) days;
f. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of June 2008, which consists of 3 (three)
sheets per day for 21 (twenty one) days;
g. 1 (one) bundle of legalized copies of Senayan Operational
126
(three) sheets per day for 22 (twenty two) days;
h. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of August 2008, which consists of 3 (three)
i. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of September 2008, which consists of 3
j. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of October 2008, which consists of 3
k. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of November 2008, which consists of 3
(three) sheets per day for 19 (nineteen) days;
And in the form of:
a. 1 (one) bundle of legalized copies of General Debit Voucher
14-11-2008 Ledger Number 1022.806120.840 other KS in
USD amounting to USD 18.000.000,-;
b. 1 (one) sheet of legalized Selling Deal Slip Number: 018584
dated 14-11-2008 under the name of Sby. Kertajaya, USD
18 Mio X 1180 (DEP), BN taken at KPU;
127
c. 1 (one) sheet of legalized copy of Credit Return/
d. 1 (one) sheet of legalized copy of Debit Return/Selling
Deal Slip dated 14-11-2008;
6. Confiscated from MICHAEL CHUNG, in the form of:
- 1 (one) piece of Mobile Telephone, Samsung brand, Black
color, Type 170, and SIM Card Number 08175000989 (XL)
telephone number 021-5356737 dated December 16th 2008;
22nd 2008, type of phone Nokia N-73, telephone number
0816505438
a. PT ACCENT INVESTMENTS INDONESIA (All): 1 (one) legalized
copy of PT Accent Investments Indonesia’s Credit File
with CBR (Credit By Request) and CAC (Current Account
Credit) facilities, with details as follows:
128
1. Requests from PT All to Bank Century, attached with
Funding Proposals, dated March 17th and May 29th 2008.
- TARIQ KHAN
- DESI DAMAYANTI
- STELLA A. HIDAYAT
3. Credit Approval Form (CAF) under the name of PT All:
March 17th 2008, KPO/Region 03 Branch
- CAF Number: 245/B-KAP/All/V/08 dated May 15th
- CAF Number: 249/U/All/V/08 dated May 29th 2008,
4. Collaterals:
SNY/KPO/ADSI/IV/08 dated April 10th 2008
regarding Instruction for the Freezing of PT
All’s collateral stock.
dated April 21st 2008 regarding Sub Account
May 12th 2008 regarding request for stock
129
SNY/KPO/ADSI/V/08 dated May 21st 2008 regarding
Instruction for Freezing of PT All’s collateral
stock.
dated May 28th 2008 regarding Sub Account
SNY/KPO/ADSI/VI/08 dated June 4th 2008 regarding
collateral stock.
dated June 6th 2008 regarding Sub Account
5. Legal Documents:
- Copy of Act Number 150 dated April 18th 2008
Bank Century, in an amount of IDR 40 Billion, made
regarding Credit Agreement between PT All and Bank
130
Century, in an amount of IDR 20 Billion, made
Tigris, SH, SE, MH.
- Copy of Act Number 202 dated May 29th 2008
Number 150 between PT All and Bank Century, made
regarding Amendment in Authorization from PT All
to Bank Century, made before Notary Public
131
- Copy of Act Number 132 dated June 13th 2008
a) Credit Agreement Number 1022/CA/IV/08/075 dated
April 18th 2008, completed with Promissory
Note. Credit Agreement Number 1022/LD/IV/08/076
dated April 18th 2008, completed with
Promissory Note and Letter of Authority.
132
Investment Indonesia (All) period of April 18th
to December 16th 2008
nominal of IDR 8.340 Million dated April 22nd 2008.
8.340 Million to BCA Account of JSX Branch under
the name of PT Kuo Capital, Account Number
10400000-17405, dated April 22nd 2008.
nominal of IDR 21 Million dated April 25th 2008.
- Money transfer application in an amount of IDR 1
Billion to Bank Mandiri Account at JSX Branch
4583006845, dated April 25th 2008.
10400000-17405, dated April 25th 2008.
- Cheque Number 130178 addressed to AMIRUDIN RUSTAM
in amount of IDR 24 Billion, dated April 28th 2008.
133
- Money deposit slip in amount of IDR 24 Billion to
Bank Century Account Number 41-000000-292788101
Kota Makassar Branch under the name of AMIRUDIN
RUSTAM, dated April 28th 2008.
nominal of IDR 5 Billion, dated April 30th 2008.
104-00000-17405, dated April 30th 2008.
1 (one) legalized copy of PT WIBHOWO WADAH REJEKI (WWR)’s
Credit File with CBR (Credit By Request) and CAC (Current
Account Credit) facilities, with details as follows:
1. Letter of Funding Credit Request under the name of
PT Wibhowo Wadah Rejeki, signed by Director of PT
WWR, Ms. Silvia, to Bank Century, dated November
29th 2007.
2. Samples of Account Signatures under the name of
STELLA A. HIDAYAT
3. Credit Approval Form (CAF) under the name of PT WWR:
- CAF Number: 155/B-KAP/WWR/KPO/XI/07/009 dated
November 1st 2007, KPO/Region 03 Branch
- CAF Number: 04/B-KAP/WWR/IV/08 dated May 5th
2008, KPO Senayan/Region 03 Branch
134
4. Collaterals:
Century dated March 27th 2007 regarding guarantee
of Deposit Certificate Securities issued by Banca
Populare at Milano amounting to USD 15 Million,
attached with agreement Refo Number TYS-
061/XI/2006 dated November 29th 2006.
- Internal Memo from Credit Division of Bank Century,
Senayan Branch, to Head of Treasury Division of
Bank Century, Number 267/1M/WWR/KPO/XII/07 dated
December 3rd 2007 regarding Securities freezing.
5. Letter of PT Wibhowo Wadah Rejeki to Bank Century
dated January 23rd 2008 regarding information on the
change in the company’s address and Domicile Certificate.
6. Legal Documents:
- Credit Agreement Number: 1022/LD/X1I/07, completed
with Promissory Note of PT Wibhowo Wadah Rejeki
(WWR) dated December 3rd 2007, signed by Director
of PT WWR, Ms. SILVIA and Commissioner of PT WWR,
Mr. TOTO KARTONUMBER
- Promissory Note of PT Wibhowo Wadah Rejeki (WWR)
dated June 3rd 2008, signed by Director of PT
WWR, Ms. SILVIA and Commissioner of PT WWR, Mr.
TOTO KARTONUMBER
135
- Current Account on activity of PT Wibhowo Wadah
Rejeki (WWR) period of May 25th to December 30th 2008.
- General Credit Voucher Number 1020-808694-360 RRP
RAU IDR dated December 6th 2007 amounting to IDR
121.306.443.750,- (one hundred and twenty one
billion three hundred and six million four
hundred and forty three thousand seven hundred
and fifty rupiahs).
- Debit Voucher Number 1022-806521-360 Other KS
Credit dated May 3rd 2008 amounting to IDR
2.304.822.432,- (Two billion three hundred and
four million eight hundred and twenty two
thousand four hundred and thirty two rupiahs).
1 (one) legalized copy of PT Signature Capital
details as follows:
1. Letter of Funding Credit Request under the name of
PT SCI to Bank Century, the following collateral
correction changes are carried out:
- On July 10th 2008 Foreign Currency Deposit in an
amount of USD 10 Million would be replaced with
Foreign Currency Deposit in an amount of USD 5
136
Million and stock collateral in an amount of IDR
100 Billion.
- On July 10th 2008 another letter from PT SCI was
addressed to Bank century regarding a plan to
replace collateral in four stages.
- On October 27th 2008 collateral was replaced with
Foreign Currency Deposit amounting to USD 1 Million
and stock collateral amounting to IDR 180 Billion.
- On November 4th 2008 collateral was replaced with
only stock collateral amounting to IDR 200 Billion.
- Without date and number, submit collateral in the
form of USD 10 Million Foreign Currency Deposit.
- Without date and number, submit collateral replacement
with USD 5 Million Foreign Currency Deposit and
IDR 100 Billion stock collateral.
replaced collateral with only IDR 200 Billion
stock collateral.
- TARIQ KHAN
137
4. Credit Approval Form (CAF) under the name of PT SCI:
- CAF Number: 308/B-KAP/SCI/IX/08 dated September
26th 2008.
- CAF Number: 273A/B-KAP/SCI/VII/08 dated July 14th 2008.
5. Collaterals:
October 17th 2008 regarding delivery of list of
stock collateral in an amount of IDR 100 Billion.
Delta Sekuritas Indonesia dated October 20th 2008
Number 1122/C-SNY/KPO/SCI/X/08 regarding Instruction
to freeze PT SCI’s collateral stock .
Depository (ICSD) Number KSEI-15337/JKS/ 1008 to
PT Antaboga Delta Sekuritas Indonesia dated
October 20th 2008 regarding Confirmation of PT
SCI’s Sub Account Freezing.
additional stock collateral in an amount of IDR
80 Billion (total amount IDR 180 Billion)
Delta Sekuritas Indonesia dated October 27th 2008
Number 1150/C-SNY/KPO/SCI/X/O8 regarding
138
Indonesia dated October 29th 2008 regarding the
- Copy of a letter from PT. SCI to Bank Century
dated November 4th 2008 regarding the delivery of
a list additional stock collaterals to the value
of IDR 20 Billion (a total of IDR 200 Billion).
- Copy of a letter from Bank Century to PT Antaboga
Deltasekuritas Indonesia dated November 4th 2008
Number 1156/C-SNY/KPO/SCI/X/08 regarding the
instructions to freeze PT. SCI’s collateral stock.
Indonesia dated November 4th 2008 regarding the
- 3 (three) copies of Foreign Currency Deposit
Cheque, comprising of:
k. Foreign Currency Deposit Cheque Number VB
028906 dated October 14th 2008 with the value
of USD 10 Million.
l. Foreign Currency Deposit Cheque Number VB
of USD 5 Million.
139
m. Foreign Currency Deposit Cheque Number VB
of USD 1 Million.
6. Legal Documents:
- Phase I : A USD 10 Million Deposit with
stocks to the value of IDR 100
Billion complete with a Promissory
Note, Credit Agreement, Pledge
- Phase II : A USD 5 Million Deposit with stocks
to the value of IDR 100 Billion
complete with a Promissory Note,
Credit Agreement, Pledge Letter on
a Timed Deposit.
- Phase III : A USD 1 Million Deposit with stocks
to the value of IDR 180 Billion
complete with a Promissory Note,
Credit Agreement, Pledge Letter on
a Timed Deposit.
- Phase IV : Credit Agreement Number 1022/LD/x/
08/070 attached with the amendments
to the Credit Agreement with the
stocks collateral valued at IDR 200
Billion, complete with a Promissory
Note, Credit Agreement, Pledge
Letter On a Timed Deposit.
140
- Bank Statement containing transactions regarding
PT. SCI for the period December 30th 2008.
- October 14th 2008 through the Bank Century
Current Account Cheque Number 15832401 to the
value of IDR 80 Billion to PT. Antaboga Delta
Sekuritas Indonesia’s account, attached with a
deposit slip.
deposit slip.
deposit slip.
- A partial deposit break dated October 20th 2008
with the following details:
• Cheque Number 15832403 paid to PT. Mega Capital
Indonesia with the value of IDR 20.104 Million
at Bank Mega.
Deltasekuritas Indonesia with the value of IDR
141
28.500 Million at Bank Century.Number 04444151
to the amount of IDR 5 Billion to PT. Antaboga
Deltasekuritas Indonesia’s account, attached
- On October 21st 2008 Cheque Number 044444152 was
written and paid to PT. All to the sum of IDR 460
Million at Bank Mandiri.
- On October 23rd 2008 Cheque Number 15832405 was
written and paid to PT. All to the sum of IDR
3.755 Million at Bank Mandiri.
- On October 27th 2008, 70 transactions involving a
number of cheques occurred with the following
details:
a. Cheque Number 15832407 paid to Yuliawati the
b. Cheque Number 15832408 paid to Imelda
Ratnawati the amount of IDR 100 Million at
Bank Century.
c. Cheque Number 15832409 paid to Imelda
Ratnawati the amount of IDR 168 Million at
Bank Century.
d. Cheque Number 15832410 paid to Yuliawati the
e. Cheque Number 15832411 paid to RAU Muara
Karang the amount of IDR 107 Million at Bank
Century.
142
f. Cheque Number 15832412 paid to RAU Muara
Century.
g. Cheque Number 15832413 paid to RAU Muara
Century.
h. Cheque Number 15832414 paid to Kaisanto
Chairil the amount of IDR 500 Million at
Bank Century.
i. Cheque Number 15832415 paid to Purnawati
H./Bing Iskandar the amount of IDR 200
j. Cheque Number 15832416 paid to Thomas Bele
Abelo the amount of IDR 200 Million at Bank
Century.
k. Cheque Number 15832417 paid to RAU Kelapa
Gading Blvd the amount of IDR 100 Million at
Bank Century.
l. Cheque Number 15832418 paid to Andreas Indra W.
m. Cheque Number 15832419 paid to Celine Rafela
n. Cheque Number 15832420 paid to Daniel Liauw
143
Listijati the amount of IDR 100 Million at
Bank Century.
Listijati the amount of IDR 100 Million at
Bank Century.
H./Soebianto the amount of IDR 130 Million
at Bank Century.
r. Cheque Number 15832424 paid to Fenny
Leo/Julius Danu the amount of IDR 100
s. Cheque Number 15832425 paid to Henny
Herawati the amount of IDR 100 Million at
Bank Century.
t. Cheque Number 15832426 paid to L. Margareta/
Yance the amount of IDR 100 Million at Bank
Century.
u. Cheque Number 15832427 paid to L. Margareta/
Century.
v. Cheque Number 15832428 paid to L. Margareta/
Century.
144
w. Cheque Number 15832429 paid to L. Margareta/
Century.
x. Cheque Number 15832430 paid to Lisa Yuriko
y. Cheque Number 15832431 paid to Oong Irianto
z. Cheque Number 15832432 paid to Suherman the
Rasidin/Minawati the amount of IDR 100
Sintiani/E.M. Ina Listiwati the amount of
IDR 100 Million at Bank Century.
at Bank Century.
at Bank Century.
ee. Cheque Number 15832437 paid to Tjong Tjoek
Nyoek the amount of IDR 100 Million at Bank
Century.
145
ff. Cheque Number 15832438 paid to Sri Suci C.
Tjen/Fenny the amount of IDR 150 Million at
Bank Century.
ii. Cheque Number 15832441 paid to Yuliana SE
jj. Cheque Number 15832442 paid to RAU Senayan
kk. Cheque Number 15832443 paid to RAU Senayan
ll. Cheque Number 15832444 paid to Lismijati
Njohana the amount of IDR 300 Million at
Bank Century.
mm. Cheque Number 15832445 paid to Zheng Mei
Feng the amount of IDR 900 Million at Bank
Century.
nn. Cheque Number 15832446 paid to Nani Liyanto
oo. Cheque Number 15832447 paid to Khoe Siat Jin
the amount of IDR 1.200 Million at Bank Century.
146
pp. Cheque Number 15832448 paid to Julia Monica
qq. Cheque Number 15832449 paid to Liliana
Tjandra the amount of IDR 162 Million at
Bank Century.
Bank Century.
ss. Cheque Number 15832451 paid to Henky Bambang
Bank Century.
tt. Cheque Number 15832452 paid to Hans Paulus
uu. Cheque Number 15832453 paid to Jessica
Giovanni the amount of IDR 30 Million at
Bank Century.
vv. Cheque Number 15832454 paid to Azam Hisyam
Century.
ww. Cheque Number 15832455 paid to Azam Hisyam
Century.
xx. Cheque Number 15832456 paid to Azam Hisyam
Century.
147
Theresia Halim the amount of IDR 1.000
zz. Cheque Number 15832458 paid to RAU RMI the
ccc. Cheque Number 15832461 paid to Hadi Prayogo
eee. Cheque Number 15832463 paid to Winarto Ong
Hardjo the amount of IDR 75 Million at Bank
Century.
fff. Cheque Number 15832464 paid to RAU Kertajaya
ggg. Cheque Number 15832465 paid to RAU Kertajaya
hhh. Cheque Number 15832466 paid to RAU Kertajaya
iii. Cheque Number 15832467 paid to RAU Kertajaya
148
E./Fulbertus the amount of IDR 100 Million
at Bank Century.
kkk. Cheque Number 15832469 paid to Ngo Gracia
Thionardo the amount of IDR 499 Million at
Bank Century.
mmm. Cheque Number 15832471 paid to Fredy Lulin
nnn. Cheque Number 15832472 paid to Tjio
Yulianita Imuk Cahya the amount of IDR 2.000
Tjitra/Kartika N. the amount of IDR 213
ppp. Cheque Number 15832474 paid to Antaboga
qqq. Cheque Number 15832475 paid to Antaboga
Delta Sekuritas the amount of IDR 200
rrr. Cheque Number 15832476 paid to Antaboga
149
sss. Cheque Number 15832476 paid to Antaboga
Copy of AMIRUDDIN RUSTAM’s book/ file, account
Number 4100. 0000292788.101, Bank Century, JI.
Achmad Yani Makasar.
a. 4 (four) copies of a letter from First Global
Funds to the Hong Kong Standard Chartered Bank
dated October 13th 2008 signed by HESHAM AL
WARRAQ attached with PT. Bank Century Tbk’s Swift
Incoming Bank Statement from the Singapore
Standard Chartered Bank dated October 14th 2008
with the amount of USD 10.001.794,71.
showing the bank statement transactions of PT.
Kuo Capital/PT. Signature Indonesia, Account
Number 1022-0000739561-002 dated October 14th
2008 complete with the following:
- Withdrawal Note Number 10613851 to the sum of
USD7 Million and a general credit voucher with
a foreign currency deposit placement under the
name of PT. Signature Capital Indonesia dated
October 14th 2008 with the amount of USD 7 Million.
150
- Withdrawal Note Number 10613852 to the sum of
USD 3 Million and a general credit voucher
Indonesia dated October 14th 2008 with the
placed under the name of PT. Signature Capital
Indonesia dated October 14th 2008 amounts to
the total of USD 10 Million.
c. 10 (ten) legalized copies of Credit Memorandum
(MAK) Number 222/B•KRK•KAP/AII/KPO/III/08 dated
March 17th 2008 from PT. Bank Century.
d. A legalized copy of Credit Memorandum (MAK)
Number 245/R-KAP/AI/KPO/V/08 dated May 15th 2008
from PT. Bank Century.
e. A legalized copy of Credit Memorandum (MAK)
Number 249/R-KAP/AI/KPO/V/08 dated May 29th 2008
from PT. Bank Century.
Documents Receipt Registration to the Region III
Head Secretary.
11. Confiscated from SITA DARANANTI, in the form of:
a. A legalized copy of a Custodian Services
Application Form dated March 27th 2003 under the
151
name of Bank CIC Internasional Tbk, signed by
MATHESA SEMBIRING (Director) and HAMIDY (Director);
III/45/CSDA/2003;
c. A legalized copy of a signature sample of an
officer authorized to carry out the transfer
instructions for Securities under the name of
Bank CIC Internasional signed by MATHESA
SEMBIRING (Director), HAMIDY (Director), TJOKO
INDRA (Treasury Division Head) and SRIYONO
(Directors’ Bureau Division Head);
019/Century/D/XII/2004 dated December 12th 2004
regarding the merger of Bank CIC Internasional
Tbk, PT. Bank PIKKO Tbk and PT. Bank DANPAC Tbk
into PT. Bank Century.
e. Legalized copy of Bank Century’s Letter Ref.
021/Century/D/XII/2004 addressed to correspondent
Bank, on Data of sample of the following
authorized officials’ signature: ANWARY
SURJAUDAJA (President Director), HERMANUS HASAN
MUSLIM (Vice-President Director), HAMIDY (Director),
LAURENCE KUSUMA (Director)), SRIYONO (Director),
DJOKO H INDRA, THERESIA DEWI TANTULAR, KRISHNA
JAGATESEN, SUNARTONO, YANTI PK WANGSAHARDJA;
152
f. Copy of data of transaction of securities of Bank
Century Tbk existing in Custodian Bank Niaga for
Period 29 April 2003 to 09 November 2007;
g. Legalized copy of Bank Century Tbk’s Letter dated
06 June 2005 signed by LAURENCE KUSUMA (Director)
and SUNARTONO (Division Head) concerning
Instruction of Payment for all outstanding
Securities (in English);
h. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-012/II/05, Re.: Transfer of Securities dated
18 February 2005;
i. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-042/VII/05, Re.: Transfer of US Treasury
Strip dated 19th July 2005;
j. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-043/VII/05, Re.: Transfer of Securities dated
19th July 2005;
k. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-044/II/05, Re.: Transfer of Securities dated
19th July 2005;
l. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-053/X/0 Re.: Transfer of Securities dated 18h
October 2005;
m. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-054/X/05, Re.: Transfer of Securities dated
19th October 2005;
153
n. Legalized copy of Bank Century Tbk’s Letter Trf.
19th October 2005;
o. Legalized copy of Bank Century Tbk’s Letter Trf.
19th October 2005;
p. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-013/III/06, Re.: Transfer of Securities dated
22nd March 2006;
q. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-029/V/06, Re.: Transfer of Securities dated
16th May 2006;
r. Legalized copy of Bank Century Tbk’s Letter Trf.
18th May 2006;
s. Legalized copy of Bank Century Tbk’s Letter Trf.
18th May 2006;
t. Legalized copy of Bank Century Tbk’s Letter Trf.
TSY-139/XI/07, Re.: Transfer of Securities dated
7th November 2007;
u. Portfolio Report on behalf of PTT. Bank Century
Tbk as at September and October 2005, February
and March 2006;
12. The following items have been confiscated from ARGA
TIRTA KIRANA:
154
a. Two (2) legalized copies of PT. Bank Century
Tbk’s Letter Nr.: 486.A/PNG-KR/PERUB/KPO/XI/08
dated 4th November 2008 to PT. Signature Capital
Indonesia on approval for Guarantee Change (there
is no signature of Board of Management/Commissioner);
b. One (1) legalized copy of PT. Bank Century Tbk.’s
Commissioners Approval Letter Nr.: 005/PERS-
KOM/LG/X/08 dated 8th October 2008 (there is no
signature of Board of Management / Commissioner);
c. One (1) legalized copy of Power of Attorney Nr.:
005/SK-DIR/X/08 dated 28th October 2008 from
Board of Directors of PT. Bank Century Tbk (there
is no signature of Board of Management/Commissioner);
d. Three (3) legalized copies of PT. Bank Century
Tbk’s Legal Aspects Analysis of KPO Senayan Wil
III FPK., Nr. FPK.:308/B-KAP/SCI/X/08 dated 26th
September 2008 (there is no signature of Board of
Management/Commissioner);
e. Four (4) legalized copies of PT. Bank Century
Tbk.’s Letter Nr.: 303/PNG-KR/B/KPO/XI/07 to PT.
Wibowo Wadah Rejeki dated 30th November 2007 on
Credit Facility Approval signed by HERMANUS HASAN
MUSLIM (President Director and HAMIDY (Vice-
President Director);
f. One (1) legalized copy of PT. Bank Century Tbk.’s
155
KOM/LG/XI/07 dated 30th November 2007, signed by
PERWANTO KAMSJADI (Commissioner) and Drs. RUSLI
PRAKARSA (Commissioner);
g. One (1) legalized copy of Power of Attorney from
Board of Directors of PT. Bank Century Tbk Nr.:
066/SK-DIR/X/07 dated 30th November 2007, signed
by HERMANUS HASAN MUSLIM (President Director and
HAMIDY (Vice-President Director);
h. One (1) legalized copy of Power of Attorney Nr.:
180/PNG-KR/B/K/KPO/IV/08 dated 10th April 2008
from Board of Directors of PT. Bank Century Tbk
to PT. Accent Investment Indonesia concerning
Credit Facility Approval, signed by HERMANUS
HASAN MUSLIM (President Director and HAMIDY
(Vice-President Director);
i. One (1) legalized copy of PT. Bank Century Tbk.’s
KOM/LG/X/08 dated 10th April 2008, signed by
POERWANTO KAMSJADI (Commissioner) and Drs. RUSLI
PRAKARSA (Commissioner);
j. One (1) legalized copy of Power of Attorney Nr.:
116/SK-DIR/IV/08 dated 10th April 2008 from Board
of Directors of PT. Bank Century Tbk., signed by
HERMANUS HASAN MUSLI (President Director) and
HAMIDY (Vice-President Director);
156
k. Three (3) legalized copies of, PT. Bank Century
Tbk., Debtor’s Incoming Letter to Legal Dept
received from PT. Wibowo Wadah Rejeki and PT.
Accent Investment Indonesia;
l. Three (3) legalized copies of, PT. Bank Century
Tbk., debtor outgoing letter to legal dept from
PT. Signature Capital Indonesia, PT. Wibowo Wadah
Rejeki and PT. Accent Investment Indonesia;
Whereas, in order to prove its prejudgment, the Public
Prosecutor, in addition to file the evidences above-mentioned,
also presented the following witnesses:
First witness: MICHAEL CHUNG, in court proceedings and
under an oath, principally clarified as follows:
- that, the witness, in good physical and mental conditions,
knows the Defendant, has no family relationship with the
Defendant, and agrees to give information;
- that, the witness has worked with Bank Century since 1995 and,
from 2005 to November 2008, he was the Operation Division
Head of Bank Century Kertajaya Branch Office – Surabaya.
- that, duties and responsibilities of the witness according
to his title are among others: to control activities of
operational function covering Clearing, Deposit, Cashier,
Customer Services functions and, in performing his
duties/responsibilities, the witness shall be responsible to
157
GANTORO, who is Branch Manager of Bank Century Kertajaya-
Surabaya Branch Office;
- that, on 14th November 2008 in the afternoon, the witness
was called by TINI PUSPASARI from the Jakarta Head Office of
Bank Century, which principally informed that a disbursement
of deposit amounting to US$ 18,000,000.- from head office
will be made;
- that, in addition to the call from TINI PURBASARI, the
Defendant also called the witness and GANTORO informing that
a Deposit in favor of BOEDI SAMPURNA in US$ currency will be
disbursed at the request of the Defendant, and the
Defendant, at the time of the call, requested the witness to
disburse BOEDI SAMPURNA’s US$ Deposit amounting to US$
22,200,593 with Bilyet No. VB-009928. The witness then
checked such Deposit in computer and found that such US$
Deposit is a credit collateral, so that the witness was
unwilling to disburse it;
- that, the witness said to the Defendant that the Defendant
is owner and beyond the organizational structure, and the
witness also said to the Defendant that he was unwilling to
disburse such Deposit without approval of the Board of
Directors;
- that, the Defendant said to the witness that the Board of
Directors of PT. Bank Century Tbk. was meeting with Bank
Indonesia, then witness requested approval from the Board of
Directors, thereafter the Defendant sent a fax concerning
158
approval of disbursement of Foreign Currency Deposit No. VB
009931 but the witness disagreed upon words containing in
the approval letter as the letter stated that the witness as
if requests for such disbursement, so that the witness did
not perform such Defendant’s request.
- that, the witness then made effort to contact GANTORO as
Branch Manager to inform it, but witness failed to contact
GANTORO’s cellular;
- that, thereafter the witness called LILA GONDOKUSUMO, Marketing
Director, and informed her of the Defendant’s request for such
disbursement of Deposit of US$ 22,200,000. LILA GONDOKUSUMO
advised the witness to disburse such fund in order to rescue
BUDI SAMPOERNA’s fund and also informed that BUDI SAMPOERNA
was then traveling to Jakarta to meet the Defendant;
- that, the witness requested LILA GONDOKUSUMO to sign such
Deposit Break, but LILA GONDOKUSUMO said that she cannot do
it as she have no time and have to meet her subordinate
GEORGE FREDY and LILA GONDOKUSUMO requested the witness to
directly perform such instruction while the documents would
be signed on Monday;
- that, the witness called TJET JEP, Branch Support of Bank
Century Head Office to inform about such event and requested
TJEP JEP for written approval, and finally TJET JEP gave the
witness such approval sent via fax, but the witness was
still unwilling to disburse such Deposit;
159
- that, the witness received again a call from the Defendant
requesting the witness to immediately disburse the Deposit,
thereafter, the witness called GANTORO, branch manager, to
inform about such request, and GANTORO tried to call BUDI
SAMPOERNA as the owner of the account and requested the
witness to wait him and not take any actions pending the
progress;
- that, later, at around 02.00 AM (West Indonesian Time Zone),
the witness got a call from GANTORO. In that call, GANTORO
said that he has made a conversation with WENA, a trusted
person of BUDI SAMPOERNA, who had approved GANTORO to disburse
all foreign exchange deposits belonging to BUDI SAMPOERNA
and PT. LANCAR SAMPOERNA BESTARI in worth of around US$
96,544,572.84, unless the frozen Foreign Exchange Deposit;
- that, the witness thereafter transferred the foreign exchange
Deposits in question and their interest rate belonging to BUDI
SAMPOERNA and PT. LANCAR SAMPOERNA BESTARI in worth of around
US$ 96,544,572.84, unless the frozen Foreign Exchange Deposit
to foreign exchange Unit Intern Account and then the witness
reported it to DENI, a Vice-KBO of Bank Century Head Office;
- that, upon such transfer of the foreign exchange Deposit in
question to the Unit Intern Account, the witness did not
know anymore what the purpose such fund is used for;
- that, upon the foreign exchange Deposit of BUDI SAMPOERNA in
question has been successfully disbursed, then on Monday,
17th November 2008, the witness just received a written
160
request for disbursement of the foreign exchange Deposits in
favor of PT. LANCAR SAMPOERNA BESTARI and BUDI SAMPOERNA
from GANTORO as Branch Manager;
- that, at the time the witness was processing the disbursement
of the Deposit in worth of US$ 96,544,572.84 on 15th November
2008 at 02.00 AM, the witness had not obtained yet the internal
memo, which shall be one of requirements of disbursement of
a foreign exchange Deposit which is still in force from LILA
GONDOKUSUMO as Marketing Director and Regional Head of
Surabaya Branch Office Bank Century Tbk, and just obtained
oral instruction via phone from GANTORO as Branch Manager of
Kertajaya-Surabaya Branch Office Bank Century;
- that, the said disbursement of fund of US$ 96,544,572.84
belonging to BUDI SAMPOERNA was made deviating from the
procedure due to the fact that the same was made before
obtaining application letter and the written approval of the
owner, i.e.: BUDI SAMPOERNA;
Considering that in response to the witness’ information
above-mentioned, the Defendant declared that some of such
information are true and some others are untrue. The untrue
information are in respect of the fax, where the witness sent
the Defendant a copy of the deposit of Budi Sampoerna and
requested him to approve it, and then the Defendant faxed back
the same to the witness, but the witness did not perform it.
161
Second witness: GANTORO, who, before at the court
proceedings and under an oath, declared as follows:
- that, the witness is, in good physical and mental conditions,
knows the Defendant and agrees to provide information;
- that, the witness worked with Bank Century as from January
2005 and, since June 2006 to November 2008 as Branch Manager
of Kertajaya Surabaya Brach Office of Bank Century with his
daily duties and responsibilities are to manage branch
office operations in order to run smoothly and achieve the
target stipulated by the head office;
- that, on 14th November 2008 at around 16.30 WITZ, the
witness got a call from the Defendant through Marketing
Director and Regional Office of Surabaya, LILA GONDOKUSUMO
requesting the witness to transfer the foreign exchange
deposit account amounting to US$ 22,200,000.- belonging to
BUDI SAMPOERNA saved with Kertajaya Surabaya Branch Office
of Bank Century to the collecting account of Bank Century
Jakarta Central Office;
- that, with regard to such request, the witness asked LILA
GONDOKUSUM about the amount to be disbursed and the approval
of the owner, namely BUDI SAMPOERNA, but after being waited
for some minutes, LILA GONDOKUSUMO did not call again so
that the witness decided to go home at around 17.00 WITZ;
- that, before taking go home, the witness had once met and
spoken with MICHAEL CHUNG and asked about the Deposit to be
162
disbursed in a worth of US$ 22,200,000.- and MICHAEL CHUNG
said that such Deposit had been frozen as a credit collateral;
- that, at the time the witnesses at his home, he was contacted
by LILA GONDOKUSUMO requesting the witness to disburse the
foreign exchange Deposit of BUDI SAMPOERNA as the owner, the
witness thereafter asked about the approval of such
disbursement from BUDI SAMPOERNA as owner and thereafter was
answered by LILA GONDOKUSUMO saying that such Deposit
disbursement has been approved by the owner, BUDI SAMPOERNA;
- that, the witness thereafter called BUDI SAMPOERNA as the
owner of the Deposit account to confirm about such
disbursement and the witness was requested to contact WINA,
a trusted person of BUDI SAMPOERNA;
- that, at around 01.00 WITZ on 15th November 2008, the
witness was called by WENA who requested the witness to
transfer the funds on the Deposit accounts of BUDI SAMPOERNA
and PT. LANCAR SAMPOERNA BESTARI in Kertajaya Surabaya
Branch Office of Century Bank to Century Bank Senayan
Central Office as BUDI SAMPOERNA would go to Jakarta at next
day, and then the witness called MICHAEL CHUNG requesting
him to execute such transfer and at about 02.00 WITZ,
MICHAEL CHUNG successfully transferred such foreign exchange
Deposit accounts in favor of BUDI SAMPOERNA and PT. LANCAR
SAMPOERNA BESTARI in question;
- that, MICHAEL CHUNG fulfilled the requirements of such
transfer by preparing an Internal Memo on break
163
request/withdrawal before due date to be submitted to LILA
GONDOKUSUMO, Marketing Director under No/IM/Cab Kertajaya/XI/2008
retroactively made on 14th November 2008 amounting to US$
88,479,578 signed by MICHAEL CHUNG acknowledged by the
witness and LILA GONDOKUSUMO on 17th November 2008;
- that, as per the procedure of transfer, written approval
from the account owner is required;
- that, the witness is responsible to LILA GONDOKUSUMO and to
the best knowledge of the witness, WENA is a trusted person
of BUDI SAMPOERNA and BUDI SAMPOERNA is a prime customer of
Kertajaya-Surabaya branch office Century Bank;
- that, BUDI SAMPOERNA has two foreign exchange Deposit accounts
in favor of PT. LANCAR SEMPURNA BESTARI and of BUDI SAMPOERNA;
- that, the witness refused the request of the Defendant as
the Defendant is not under the structural organization of
Century Bank;
Considering that in response to the witness’ information
above-mentioned, the Defendant declared that some of such
information are true and some others are untrue.
Third witness: TAN IE TUNG, who, before at the court
proceedings and under an oath, declared as follows:
- that, the witness worked with Bank Century as from 1999 and,
in 2000 he was appointed as Head of foreign exchange cashier
164
of Century Bank in Senayan Branch Office-Jakarta to November
2008, when the management of Century Bank was taken over by
LPS (Lembaga Penjamin Simpanan);
- that, the scope of daily duties and responsibilities of the
witness in his capacity as head of foreign exchange cashier
function are to control fund and perform posting.
- that, on 14th November 2008, the witness received a dialing
slip no. 518584 from witness TINI PUSPITASARI, a foreign
exchange treasury staff, which contains foreign exchange
transaction data delivered via courier at around 16.00 WITZ,
the witness thereafter received a call from TINI PUSPITASARI
acting as Head of Bank Note Function of Central Office Bank
Century informing that a foreign exchange transaction had
been made in a worth of US$ 18 million with Bank Century
Surabaya Branch office the calculation of which is with DEWI
TANTUTAR.
- that, the terms “the calculation of which with DEWI
TANTUTAR” means the cash in a the value of US$ 18 million
was under the control of DEWI TANTULAR to be sold to Century
bank Surabaya Branch office. This was made as the reserve of
foreign exchange of Century bank in head office of Century
bank was under the control of DEWI TANTULAR, which should be
kept in the media box.
- that, the content of the deal slip was the foreign exchange
sale amounting to US$ 18 million for disbursement of deposit
from Century bank Kertajaya Surabaya branch office where
165
bank Note would be taken in the Operational Head Office
(KPO) Senayan with inter-office accounts payment method;
- that, at around 16.30 WITZ, the witness was called by the
Defendant informing that a fund would be received from
Surabaya but the Defendant did not clarify the amount of
such fund and by whom such fund is sent, thereafter at about
21.00 WITZ the Defendant called the witness to confirm if
the fund from Surabaya has been received, which was answered
not yet by the witness and at about 22.00 the Defendant
called the witness again confirming if the fund has been
received or not yet;
- that, the witness was waiting for the fund from Century bank
Kertajaya Surabaya branch office to Century bank Senayan
branch office until 02.00 WITZ morning and this was an
abnormal office hour that is typically up to 19.00 WITZ.
- that, after the fund was received by Century bank Senayan
branch office in a worth of around US$ 96 million, the
witness thereafter informed the Defendant of amount of the
fund and the Defendant requested the witness to debit bill
amounting to US$ 18 million, which means that such sum US$
18 million is taken out from the total US$ 96 million and
the balance is stored in the collecting account ;
- that, in December 2008, the witness was requested by LINDAWATI,
KPO Senayan Manager, to meet ERWIN as Operation Director who
informed that there is a complaint against such deposit
debit from BUDI SAMPOERNA as the owner of the deposit;
166
- that since January – November 2008, the foreign exchange
cash was physically under the control of DEWI TANTULAR so
that the witness’ duty is limited to administrative affairs
where the witness receives daily report from treasury;
- that, DEWI TANTULAR is the Defendant’s sister, and after
receiving the dealing slip, the Defendant called and
instructed the witness to execute such debit;
Considering, that in response to the witness’
information, the Defendant declared as follows:
- The debited amount based on the dealing slip was US$ 18
million only. Witness called the Defendant to inform that a
fund in total of US$ 90 million has been received. Since
Dewi Tantular was then not in the office and the witness
represented Budi Sampoerna;
- In Bank Century, the Defendant does not intervene technical
matters, at that time, Dewi Tantular was not in the office
and leaved a message to the Defendant. At that time up to
02.00 WITZ, the Defendant acted representing Boedi Sampoerna;
Fourth Witness: TINI PUSPITASARI, who, before at the court
proceedings and under an oath, principally declared as follows:
- that, the witness worked with Century bank since 2004 and in
2008, she was appointed as Head of Foreign Exchange/Bank
Note Function whose duties and responsibilities were to
167
perform dealings of inter-branch offices within Century bank
or between Century bank and other banks;
- that, on Friday, on 14th November 2008, at the time the
witness was in the office, she was called by DEWI TANTULAR
via office telephone line instructing the witness to prepare
a dealing slip in a worth of US$ 18,000,000.- as a fund
would be received from Century bank Kertajaya Surabaya
branch office;
- that, after receiving such instruction from DEWI TANTULAR,
the witness thereafter prepared the dealing slip no.: 518584
dated 14th November 2008 and called/confirmed Century bank
Kertajaya Surabaya branch office, which was answered by
MICHAEL CHUNG as Head of Surabaya Operational Division where
MICHAEL CHUNG justified the disbursement of foreign exchange
Deposit account from Century bank Kertajaya Surabaya branch
office;
- that, such confirmation did not mentioned the name of the
account owner and just mentioned dollar exchange rate;
- that, after performing the confirmation with Century bank
Kertajaya Surabaya branch office, the witness then delivered
the dealing slip to Foreign Exchange Cashier Head of KBO
Century Bank, namely TAN IE TUNG and then escalated to
operational function and disbursed in century bank head
office;
- that, the witness had once called TAN IE TUNG informing that
the dollar deposit disbursement was made at instruction of
168
DEWI TANTULAR and its calculation was directly undertaken by
DEWI TANTULAR;
- that, the witness known that such cash amounting to US$
18,000,000 is owned by BUDI SAMPOERNA after the witness was
dismissed and informed by branch manager;
- that on 14th November 2008, the witness was in the office up
to midnight day at the request of DEWI TANTULAR to monitor
such transaction up to finish and the witness had once
called and asked MICHAEL CHUNG about the transfer of the
foreign exchange deposit account as DEWI TANTULAR asked the
witness about the progress of the transfer;
- that, before the fitness took go home, the witness called
and inform that the dealing slip has been prepared and
delivered to the foreign exchange cashier and just waiting
from the receipt of the fund from Century bank Kertajaya
Surabaya branch office;
- that, the witness was responsible to DEWI TANTULAR as all
dealer transactions were the responsibility of DEWI TANTULAR
and on that day (14th November 2008) DEWI TANTULAR was not
in the office;
- that, to the best knowledge of the witness, the foreign
exchange deposit fund amounting to US$ 18,000,000 was stored
by DEWI TANTULAR, which is in accordance with the procedure,
such fund should be stored in the Century bank central
office and the disbursement should be done by the
customer/account owner, namely BUDI SAMPOERNA or his proxy;
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- that, the witness has once been requested by Dewi Tantular
to not inform BI persons about such disbursement of foreign
exchange deposit account amounting to US$ 18,000,000.- if
there is audit from Bank Indonesia;
Considering, that in response to the witness’
information, the Defendant said the such information are true;
Fifth Witness: LINDA WANGSADINATA, who, before at the court
proceedings and under an oath, principally declared as
follows:
- that, the witness, knows the Defendant as President Director
of PT. CENTURY MEGA INVESTINDO and a shareholder of Bank
Century and has not family relationship with the Defendant;
- that, the witness’s knowledge about the lending from PT.
Bank Century to debtor for and on behalf of the company as
follows:
• On 05 December 2007 at about 18.00, the witness was
informed and instructed by JOKO (Treasury Div. Head) that
KPO Senayan Branch Office must post a credit platform of
Rp. 121,306,440,000.00 in favor o PT. Wibowo Wadah Rejeki
with a collateral of Certificate of Deposit issued by
issuing bank BANCA POPOLARE in Milano under number ISIN:
XSO179811616 with a nominal value of US$ 15 million, and
at the same time the witness called DJOKO to say the
witness objection to such abnormal lending in a
significant amount, by reasons that the witness had never
170
met the prospective debtor, physical guarantee was not
attached, and deviation from lending procedure. DJOKO
thereafter requested the witness to contact the Defendant
where DJOKO said the instruction from DJOKO to the
witness was at instruction of the Defendant to record the
lending to PT. WWR, and after having spoken with the
Defendant, the Defendant said that such lending to PT.
WWR must be recorded.
• Further, the witness called Hermanus and Hermanus also
requested the witness to post/record the lending. As the
recording must be made, then KPO Senayan branch office
prepared FPK for approval from Head of Regional Office
III, Credit Div. Head, two Board of Directors and two
Board of Commissioners, where at the same day (05-12-
2007), the branch office had informed the Head of
Regional Office III and Credit Div. Head that there is an
instruction of credit from the Defendant that must be
posted in the next day on 06th December 2007;
• On 6th December 2007, after the FPK was approved by the
Credit Committee, the witness requested the Legal
Division to prepare a Loan Agreement, Credit Acceptance
Letter, Credit Agreement and Credit Approval Letter.
Further, the branch office ordered SKPK to prepare MPFK
signed by AO, AO Division Head, Branch Manager (the
witness herself), Legal Officer, Legal Division Head by
attaching the FPK had already been approved by the Credit
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Committee including two members of the board of
commissioners, then the SKPK recorded the credit platform
which was then credited to the account of PT. WWR in PT.
Bank Century with account number 1022-000245402-001 in
favor of PT. Wibowo Wadah Rejeki;
• So, for all credit facilities given at instruction of the
Defendant, Hermanus instructed branch manager, Head of
Regional Office III, and Head of Credit Division to not make
any burdening statement whatsoever, which means that such
parties must facilitate and approve applications for credit;
- that, the witness known the lending from PT. Bank Century to
debtor PT. Accent Investment Indonesia amounting to Rp.
60,000,000,000.- (sixty billion rupiah) as follows:
• On 22nd April 2008, PT. Accent Investment Indonesia
obtained credit facility in a worth of Rp.
20,000,000,000.- (twenty billion rupiah) in the form of
Current Account Credit facility (KRK) plus a Credit Based
on Request (KAP) facility in a worth of Rp.
40,000,000,000.- (forty billion rupiah), the collateral
of which are shares in the value of Rp. 120,038,000,000.-
(one hundred twenty billion thirty eight million rupiah)
based on recommendation of the Defendant. Based on such
recommendation, the witness thereafter informed Hermanus
of an application for credit from PT. Accent Investment
Indonesia amounting to Rp. 60 billion whose collateral is
shares in a worth of Rp. 120,038,000,000.-;
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• At that time, the witness had submitted her objections in
her capacity as Branch Manager of KPO Senayan to witness
Hermanus Hasan Muslim against the credit application with
recommendation from the Defendant. Such objections were
among others in respect of shares used as collateral of
the credit, which according to the opinion of the witness
have high level of risk due to their fluctuated rate, the
witness was unwilling to give photocopy of the company’s
current account, for which the witness needs to conduct
analysis on such company. And, the financial statements
of the company was in house in nature (unaudited),
illiquid financial condition, very high dependence level
of loan, particularly loans to shareholders, the company
was still experiencing loss of Rp. 300 million, and this
company (PT. Accent) is a relatively new company which
had never obtained any credit facility from any bank
whatsoever. As such, the witness deemed that the lending
of Rp. 60,000,000,000.- was unfeasible, which conditions
had been advised by the witness in both oral and writing
set forth in an Internal Memo. However, Hermanus was not
willing to agree such analytical advises and he
consistently instructed the witness to process such
lending for the reasons that the collateral of PT. Accent
was blue chip shares whose value was sufficient to cover
the platform of the credit;
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- that, in processing both applications for credit submitted
by PT. Wibowo Wadah Rejeki and PT. Accent Investment
Indonesia, the witness did not firstly conducted a survey /
direct visit, since such credit facilities were based on
instruction of the leader, namely the Defendant, Hermanus
Hasan Muslim acting as President Director and Credit
Director, especially for credit facility given to PT. Wibowo
Wadah Rejeki. For credit facility given to PT. Accent
Investment Indonesia, the survey was conducted but such
survey was conducted after the credit agreement had been
entered into by the creditor (Century bank) and the debtor
(PT. Accent Investment Indonesia);
- that, in normal condition, for any application for credit
facility from a prospective debtor, the Bank would conduct a
field survey aimed at identifying the credibility of the
prospective debtor and analysis covering: prospective
debtor’ capital, characters, and business type, debtor’s
capacity in repaying the loan, or debtor’s competitiveness,
collateral made available by the prospective debtor, which
means that the collateral of the debtor should be equal to
the amount of the requested credit. And the results of the
analysis would be recorded in MAK (Credit Analysis
Memorandum) and the collateral analysis result would be
recorded in the Collateral Analysis Form from Appraiser,
current account analysis from company of the prospective
debtor, financial statements analysis covering company’s
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profit/loss. And, if all of the results are feasible for
lending, a Credit Approval Form (FPK) would be issued and
then such FPK and the supporting documents would be
submitted to the Credit Committee for review;
- That, for applications for credit from prospective debtors,
i.e: PT. WWR and PT. AII, the analysis and survey were not
conducted, thereby there were no results recorded. This was
due to the fact that such credit facilities were given based
on instructions from the Defendant and Hermanus Hasan Muslim
acting as President Director concurrently as Credit
Director, in which at the time of the process of the credit
facility applications, the witness was not given opportunity
to conduct such analyses and field survey;
- that, for credit facility given to PT. Accent, the field
survey was conducted but it was conducted following the
signing of the credit agreement. Data in respect of the
debtor PT. Accent were received from in the name of Tariq
Khan or from Stella Angalina Hidayat via courier;
- that, in respect of credit facilities applied for by PT. WWR
and PT. Accent, that are credit facilities based on
instruction of the Defendant and the witness’s direct
superior (President Director concurrently acting as Credit
Director) Hermanus Hasan Muslim, the witness, Regional
Office Head and Credit Division Head were not allowed to
make any burdening statement of the lending, and were
obliged to facilitate the process of the instructed lending;
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- that, the analyses conducted by the witness over the
prospective debtor PT. Accent Investment Indonesia were
based on unaudited financial statements of PT. Accent for
fiscal year 2007 without supporting documents;
- that, with regard to the lending to PT. Accent Investment
Indonesia, the persons signing the application for credit
and credit agreement were Desi Damayanti (Director) and
Suhadi (Commissioner), while the person signing the
check/giro was one of the following three persons: Tariq
Khan, Desi Damayanti and Stella Angelina Hidajat;
- that, with regard to the lending to PT. Wibowo Wadah Rejeki,
the persons signing the application for credit and credit
agreement were Silvia (Director) and Toto Kartono
(Commissioner), while the person signing the check/giro was
Stella Angelina Hidajat;
- that, those officials of Century bank KPO Senayan Branch
Office who signed the approval of the lending to PT. Accent
were NOVITA EVALINDA as AO, NOVI as AO Div. Head, and the
witness LINDA WANGSA DINATA as branch manager, while those
officials who signed the lending to PT. WWR were LISA
NURSANTI as AO, NOVI as AO Div. Head, and the witness LINDA
WANGSA DINATA as branch manager. Those officials of credit
committee involving in the lending were Regional Office
Head, Credit Division Head, two members of the Board of
Directors and two members of the Board of Commissioners. The
final decision of the lending was taken by the Board of
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Directors, namely HERMANUS HASAN MUSLIM, KRISNA JAGATESEN,
and board of commissioners, namely RUSLI PRAKASYA and
PURWANTO KAMSYADI.
- that, in respect of the lending to PT. Wibowo Wadah Rejeki,
the procedure of the lending was as follows:
- there were no analyses on financial statements (in
house/unaudit financial statements) and current account
(applicant did not attach it on the credit application
form), so that bank (bank century) was unable to identify the
characteristics of the business of the prospective debtor;
- that the witness could not conduct assessment and see the
securities/shares the debtor provided as collateral of
the loan in the name of PT. WWR (in this case the branch
manager of KPO does not understand about such securities).
- that, the witness did not personally know the management
board of PT. WWR as the credit application data were sent
via courier service and Credit agreement was not prepared
through a real note and was executed not in the presence
of Century bank officials.
- there was no survey on business activities of the debtor
PT. WWR. as the lending was based on instructions from
the Defendant as shareholder and Hermanus Hasan Muslim as
Managing Director concurrently as Credit Director of PT.
Bank Century.
- that, with respect to the credit facilities given to PT.
WIBOWO WADAH REJEKI or WWR, neither appraisal nor
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interview conducted against the prospective debtors as
the branch manager had never met the debtors, BI checking
was conducted following the FPK was delivered to the
Credit Committee, without site survey, and the FPK was
prepared with back date, which as if according to the
actual procedures;
- that, PT. WIBOWO WADAH REJEKI or WWR is a company having
no a registered office, employees and activities which
was established by the witness TARIQ KHAN at instruction
of ROBERT TANTULAR aimed at obtaining the credit facility
from Century bank;
- that, in fact, the credit collateral provided by PT.
WIBOWO WADAH REJEKI / WWR of credit from Century bank,
which is in the form of Certificate of Deposit issued by
Banca Populare in Milano with ISIN No.: XSO179811616 with
a nominal value of US$ 15 million was the property of
Century bank;
- that the General Credit Voucher Instrument and General
Note of Century bank dated 6th December 2007 were relevant
to the credit facility instructed by the leaders of
century bank (Defendant and Hermanus), which was
processed through Century bank Senayan KPO branch office
given to PT. Wibowo Wadah Rejeki for the sake of
settlement of REVERSI REPO in Treasury Division amounting
to Rp. 121,306,443,750.- the mechanism of which is that
Century bank debits the PT. WWR account in the value of
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Rp. 121,306,443,750.- which thereafter be credited to the
account number: 1020-808694-360 in favor of RRP RAU IDR
(LIABILITY DIVERSE ACCOUNTS OF RUPIAH INTERN-UNIT
ACCOUNTS);
- that, with respect to the lending to PT. Accent Investment
Indonesia, the lending procedures were as follows:
• KPO branch did not conduct interview with the debtor to
clarify data and to identify characters of the debtor;
• KPO branch office did not conducted checking of
liabilities of the debtor to other banks;
• KPO branch did not conducted a ban-to-bank checking as
Century bank did not obtain copy of current account of
the debtor in another bank;
• KPO branch office did not conducted checking based on
blacklist issued by BI in respect of the debtor’s
credibility;
• KPO branch office did not conducted field visit to the
business of the debtor;
• KPO branch office did not conducted analysis on credit
application submitted by PT. Accent in question where
memorandum of credit analysis was prepared by KPO branch
office following the disbursement of the credit facility;
- that, the matters above-mentioned were not conducted by the
KPO branch office of Century bank because of insufficient
time in the lending instruction to debtor that has been
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arranged in such by Hermanus as President Director
concurrently as Credit Director of Century Bank;
- that, for all lending based on instruction of the Defendant,
HERMANUS HASAN MUSLIM thereafter instructed Kakanwil III and
Kadiv Kredit to not make any burdening statement whatsoever,
which means that such parties shall smooth and approve the
lending;
- that, in a lending, branch office should conduct a survey to
the prospective debtor location and simultaneously check the
collateral submitted for the credit;
- that, the Defendant has instructed and approved the process
of the lending to PT. Accent Investment Indonesia (AII) in a
worth of Rp. 20,000,000,000.- (twenty billion rupiah) in the
form of Current Account Credit Facility (KRK) plus another
credit facility amounting to Rp. 40,000,000,000.- (forty
billion rupiah) in the form of Credit-Based on Request (KAP)
credit facility, with collateral of shares in nominal value
of Rp. 120,038,000,000.- (one hundred twenty billion thirty
eight million rupiah) based on recommendation of the
Defendant. Thereafter, after receiving such reference/
recommendation, the witness LINDA WANGSADINATA informed it
to HERMANUS HASAN MUSLIM that there is a credit facility
request from PT. Accent Investment Indonesia amounting to
Rp. 120,038,000,000.- (one hundred twenty billion thirty
eight million rupiah);
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- that, as a KPO Senayan Branch Manager, the witness LINDA
WANGSADINATA stated her objection to HERMANUS HASAN MUSLIM
against the credit application recommended by the Defendant,
as the collateral of the credit was shares;
- that, the witness thereafter advised that the shares used as
collateral of the credit has high level of risk with quick
fluctuated rate, the applicant was not willing to provide
copy of the company’s current account, for which the witness
LINDA WANGSADINATA considers that an analyis over such company
is required. And company’s financial reports being submitted
were in house (unaudited), illiquid financial condition of
the company, very high dependence level of loan, particularly
loans to shareholders, the company was still experiencing
loss of Rp. 300 million, and this company (PT. Accent) is a
relatively new company which had never obtained any credit
facility from any bank whatsoever. As such, the witness deemed
that the lending of Rp. 60,000,000,000.- was unfeasible.
- that, the witness LINDA WANGSADINATA’s objections had been
filed in both oral and writing set forth in an Internal Memo.
However, Hermanus Hasan Muslim was not willing to agree upon
such witness’ analytical advises and he consistently instructed
the witness to process such lending for the reasons that the
collateral of PT. Accent was blue chip shares whose value
was sufficient to cover the platform of the credit;
- that, in processing the lending to PT. Accent Investment Indonesia
(AII), the Credit Approval Form was made on back date basis;
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- that, PT. Accent Investment Indonesia (AII) was a new
customer who had never obtained any facility whatsoever from
or had no financial data in Century bank. Debtor did not
submit its financial data or current account from another
bank. Collateral of the debtor was in the form of shares
that have high risk for the bank as the bank could not
control the value of the shares;
- that, to the best knowledge of the witness, of the total
fund disbursed by century bank to PT. AII, some amount was
given by PT. AII to PT. Antaboga.
Considering, that in response to the witness
clarification above-mentioned, the Defendant declared that the
witness called the Defendant to request for advises from the
defendant in respect of the lending to PT. WWR, while with
respect to the lending to PT. AII, the Defendant had never
given instruction to the witness.
Sixth Witness: DJOKO HERTANTO INDRA, who, in a court proceedings
and under an oath, principally clarified as follows:
- that, the witness knows the Defendant as a President
Director of PT. Century Mega Investindo and as a shareholder
of Bank Century Tbk and, the witness has no family
relationship with the Defendant;
- that, the placement of securities of Century bank with FGAH
was initially at the request of Hermanus Hasan Muslim
(President Director) and Laurence Kusuma (Treasury Director)
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as the shares/securities would be used as collateral of L/C
facility facilitated by FGAH and currently the L/C facility
has been obtained by Bank Century, but such facility has not
been used yet.
- that, the delivery of the shares was carried out by sending
them to Clear Stream A/C 81780 with a Transfer Letter signed
by LAURENCE KUSUMA and JOKO H. INDRA. The delivery was
carried out at instruction of founder shareholders, namely
RAFAT ALI RISVI;
- that, following the delivery of the shares, there was no
payment made by PSP, RAFAT ALI RISVI to PT. Bank century,
Tbk for the amount of such shares;
- that, a bank can be said as a sound bank if it has balance
amount in Bank Indonesia at least more than 5% of the
Minimum Mandatory Giro (GWM);
- that, to the best knowledge of the witness, Bank Century had
once received Short Term Credit Facility (FPJP) from Bank
Indonesia three times, namely:
a. On a day and date the witness does not remember but in
initial November 2008, BANK CENTURY received a Short
Term Credit Facility (FPJK) from Bank Indonesia amounting
to Rp. 300,000,000,000.- (three hundred billion rupiah);
b. On a day and date the witness does not remember but in
initial November 2008 or some days following the first
FPJK was received, BANK CENTURY received another Short
183
Term Credit Facility (FPJK) from Bank Indonesia amounting
to Rp. 200,000,000,000.- (two hundred billion rupiah);
c. On a day and date the witness does not remember but in
initial November 2008 or some days following the second
FPJK was received, BANK CENTURY received another Short
Term Credit Facility (FPJK) from Bank Indonesia
amounting to Rp. 150,000,000,000.- (one hundred fifty
billion rupiah);
- That, Bank Century was categorized as an unsound bank as
from the date it has received the Short Term Credit Facility
from Bank Indonesia. Since October 2008, liquidity level of
the Bank Century consistently dropped so that Bank Indonesia
provided the bank with the Short Term Credit Facility.
Before being taken over by LPS the liquidity level of Bank
Century was around 1%.
- that, a meeting was held by the Board of Directors and
Commissioners of Bank Century before placement of the shares
with First Gulf Asia Holding Ltd (FGAH). The shares had been
in the form of Scriples when under the possession of PT
First gulf Asia Holding Ltd. (FGAH);
- that, the shares under the possession of FGAH were as follows:
a. National Australia Bank, in the form of CD in a value of
US$ 45,000,000.- (forty five million United States’
Dollar), due date on 03rd November 2008;
184
That, such shares were divided into two portions, i.e:
US$ 30,000,000.- (thirty million United States’ Dollar)
and US$ 15,000,000.- (fifteen million United States’ Dollar).
For the value of US$ 30,000,000.- (thirty million United
States’ Dollar), the placement process was as follows:
A letter was sent by First Gulf Asia Holding Ltd.
(FGAH), dated 17th October 2005 signed by RAFAT A RISVI;
With this letter, the witness received from LAURENCE
KUSUMA an Asset Pledge Agreement letter (undated) signed
by HESMAM AL WARAQ, Director of First Gulf Asia Holding
Ltd., HERMANUS HASAN MUSLIM (Bank Century’s President Director)
and LAURENCE KUSUMA (Bank Century’s Treasury Director);
The letter was attached with the following documents:
1. Letter from First Gulf Asia Holding Ltd. (FGAH) dated
17th October 2005 signed by RAFAT A RIZVI;
2. Asset Pledge Agreement (undated) signed by HESMAM AL
WARAQ, Director of First Gulf Asia Holding Ltd.,
HERMANUS HASAN MUSLIM (Bank Century’s President
Director) and LAURENCE KUSUMA (Bank Century’s
Treasury Director);
3. Letter dated 18th October 2005 the witness had given
to the Board of Commissioners and Board of Directors
of Bank Century, which was thereafter approved by
HERMANUS HASAN MUSLIM (President Director) and
LAURENCE KUSUMA (Treasury Director), PURWANTO
185
KAMSJADI and RUSLI PRAKARSA as Commissioners, by
putting their signature on such letter;
4. A Letter from ABN Amro Bank dated 18th October 2005
addressed to RAFAT, which was signed by RAJ SIDHU.
Meanwhile, in respect of the shares in the value of
US$ 15,000,000.- (fifteen million United States’
dollar), the placement was as follows:
These shares originated from a meeting result between
the Board of Commissioners, the Board of Directors,
and shareholders dated 21st March 2006 where TOTAL
PLUS INVESTMENT Ltd would provide Term Letter of
Credit (SBLC) amounting to US$ 80,000,000.- (eighty
million United States’ Dollar), but of the amount,
there was US$ 15,000,000.- only that was transferred.
The supporting documents were as follows:
1) Minutes of meeting of the Board of Commissioners,
the Board of Directors, and shareholders dated
21st March 2006, signed by:
(1) Hesham Al Warrag, as shareholder;
(2) Rusli Prakarsa, as Commissioner
(3) Poerwanto Kamsjadi, as Commissioner
(4) Hermanus H.M. as President Director
(5) Hamidy, as Vice-President Director
(6) Laurence Kusuma, as Director
(7) Edward M. Situmorang, as Director.
186
2) Application Letter signed by the witness and
approved by the following persons:
Board of Directors:
(1) Hermanus H.M. as President Director
(2) Hamidy, as Vice-President Director
(3) Laurence Kusuma, as Director
(4) Edward M. Situmorang, as Director.
Board of Commissioners:
(1) Sulaiman Ahmad Basyir, SH.
(2) Poerwanto Kamsjadi
(3) Rusli Prakarsa
(4) Anwary Suryaudaya.
b. US Treasury Strips that the witness did not know what
the form is, in the value of US$ 13,000,000.- (thirteen
million United States Dollar), due date on 15th August 2011.
The placement process of the securities were as follows:
A discussion was made between Management (the witness
did not know who the person is) and a person from
CHINKARA CAPITAL LIMITED aimed at obtaining LC Facility
from Saudi National Commercial Bank with a collateral of
securities from Bank Century;
As the consequence of such discussion, a letter was
issued dated 15th January 2003 on request to Board of
Directors and Commissioners for approval of delivery of
Republic of Indonesian Loan amounting to US$ 192,424,400
187
(one hundred ninety two million four hundred twenty four
thousand, four hundred United States’ Dollar) to be used
to cover the Facility amounting to US$ 100,000,000.-
(one hundred million United States’ Dollar).
A Master Participation Agreement dated 31st January 2003
signed by TOMMY TONG BUHM KIM (CHINKARA CAPITAL
LIMITED), and METAHSA SEMBING (Director) and HAMIDY
(Director) from Bank Century.
Secured Credit Line Arrangement Agreement dated 31st
January 2003 signed by TOMMY TONG BUHM KIM (CHINKARA
CAPITAL LIMITED), and METAHSA SEMBING (Director) and
HAMIDY (Director) from Bank Century.
Further, through a letter from CIC International Bank
dated 27th March 2003 signed by METESHA SEMING (Director)
and HAMIDY (Director) responded by Chinkara Capital
Limited through a letter dated 3rd April 2003 signed by
Tommy Tong Buhm Kim, by attaching a letter dated 18th
March 2003 addressed to Anwary (President Director of
CIC BANK) signed by Tommy Tong Buhm Kim, the collateral
which was initially in the form of Republic of Indonesia
Loan amounting to US$ 192,424,400.- (one hundred ninety
two million four hundred twenty four thousand, four
hundred United States’ Dollar) changed by issuing an
Addendum Agreement dated 1st June 2003 signed by Tommy
Tong Buhm Kim (Chinkara Capital Limited) and METAHSA
SEMBING (Director) and HAMIDY (Director) from Bank
188
Century. So, the collateral given to be US TREASURY
STRIPS amounting to US$ 70,000,000.- (seventy million
United States’ Dollar) and Republik of Indonesia Loan
amounting to US$ 42,486,600.- (forty two million four
hundred eighty six thousand six hundred United States’
Dollar). At the maturity date of the L/C amounting to
US$ 35,000,000.- (thirty five million United States
Dollar), the payment by CIC BANK was made by cutting the
collateral in the form of Republik Of Indonesia Loan
amounting to US$ 42,486,600.- (forty two million four
hundred eighty six thousand six hundred United States’
Dollar) and the remaining of US$ 7,486,600.- (seven
million forty hundred eighty six thousand six hundred
United States Dollar) was still under the control of
Chinkara Capital Limited, which to be exchanged with the
US TREASURY STRIP. While the US TREASURY STRIP amounting
to US$70,000,000.- (seventy million United States
Dollar) was repaid at gradual basis to CIC BANK, which
currently there is still unpaid amount of US$
13,000,000.- (thirteen million United States’ Dollar),
which is under the possession of Chinkara Capital
Limited, which has been changing its name into Gulf Asia
Holding Ltd. (FGAH);
189
c. Nomura Bank International Plc, in the form of CD in the
value of US$ 1,000,000.- (one million United State’s
Dollar) due date on 9th December 2008;
These securities originated from securities of JP.
Morgan Stanley Dean Witer Pacific Ltd, in worth of US$
20,000,000.- (twenty million United States’ Dollar) sold
paid in cash of US$ 19,000,000.- (nineteen million
United States’ Dollar) paid in cash, and the remaining
of US$ 1,000,000.- (one million United States’ Dollar)
was paid in form of CD issued by Nomura Bank
International Plc. The sale and placement of these
securities were approved by Metehsa Sembing (Director)
and JIMMY BURHAN. The supporting document was a letter
from Chinkara Capital Limited dated 2nd April 2004 signed
by RAFAT ALI RISVI.
d. While for US Treasury Strip that the witness did not
know what the type is, in a worth of US$ 2,250,000.-
(two million two hundred fifty thousand United States’
Dollar) due date on 15th August 2011 was an addition but
it was counted as interest rate of the purchase of the
securities in a value of US$ 70,000,000.- (seventy million
United States Dollar). This indeed has not been recorded
by Bank Century as it represents an interest rate
component and is not furnished with written evidences.
190
- that pursuant to the Asset Pledge Agreement between Bank
Century and First Gulf Asia Holding Ltd. (FGAH), the
placement of securities in the form of CD in a worth of US$
45,000,000.- (forty five million United States Dollar)
issued by the National Australia Bank was carried out by
Hermanus Hasan Muslim and management board of BANK CENTURY;
- that, the witness signed letter to the Board of
Commissioners and Directors concerning Funding Facility by
First Gulf Asia Holding Limited dated 18th October 2005;
- that, the witness signed a letter on Transfer of Securities to
PT. Bank Niaga, Graha Niaga 7th Floor dated 22nd March 2006;
- that, the witness signed a letter on Transfer of Securities
to Total Pluas Investment dated 22nd March 2006;
- that, the witness signed a letter on conforming letter of
credit facility dated 15th January 2003;
Considering, that in response to the witness’s clarification,
the Defendant stated that the company experienced a liquidity
problem due to a rush and the existing securities that are due
date were non cash.
Seventh witness: DEDDY TRIYANA, who, in the court proceedings
- that, the witness known the defendant but he has no family
relationship with the defendant;
- that, the witness started to work with Bank Danpac in 2000 –
2001, as assistant to Manager of Business Development
191
Function, with main duties of assisting the developments of
branch offices and products/services. In 2001 to 2004, the
position of the witness in that company was a Corporate
Planning with duty to assist the Board of Directors in
preparing business plans. In 2004 to now, the witness is
corporate secretary of Century Bank, with duties to deal in
relations (assisting the Board of Directors in preparing
presentation, correspondences of Bank) with shareholders,
investors and institutions such as Bank Indonesia, Bapepam
(Investment Supervisory Board), and Stock Exchanges;
- that, correspondence relevant to the billing and settlement
of commitment from Century Bank signed by Hermanus as
President Director, which principally requested Hesham Al
Warraq and Rafat Ali Risvi to settle such foreign exchange
securities issues under the control of Hesham Al Warraq and
Raffat Ali Risvi that had already been due date;
- that, to the best knowledge of the witness, the securities
were those securities pledged in the Asset Management
Agreement dated 17th February 2006 made between PT. Bank
Century and TellTop Holdings Ltd, where persons from Bank
Century signing such agreement were the members of the Board
of Directors including: Laurence Kusuma, Hermanus Hasan
Muslim, Hamidy, Edward M. Situmorang, and members of the
Board of Commissioners: Sulaeman AB, Ruysli Prakarsa,
Purwanto Kamsjadi, Anwari Surjaudaja. Some persons from
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Telltop were also signed such agreement, but they do not
state their name. The securities consisted of the following:
a. West LB AG London, in the value of US$ 26 million due
date on 30th September 2008;
b. Banca Populare in Milano, in the value of US$ 26 million
due date on 30th September 2008;
c. National Australia Bank, in the value of US$ 52 million
due date on 3rd November 2008;
d. Nomura Bank Int, in the value of US$ 26 million due date
on 9th December 2008;
e. Deutche Bank, in the value of US$ 25 million due date on
4th April 2008;
f. Dresdner Bank, in the value of US$ 7 million due date on
1st December 2006;
g. Lehman Brothers in the value of US$ 8 million due date
on 25th April 2014;
h. Nomura Bank Int, in the value of US$ 1 million due date
on 9th December 2008;
i. West Deutch LB Bank, in the value of US$ 10 million due
date on 26th February 2009;
j. Independence II Notes, in the value of US$ 15 million
due date on 30th June 2011;
k. US Treasury, in the value of US$ 7.4 million due date on
15th August 2009;
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- that, to the best knowledge of the witness, such agreement
were prepared by the Directorate Treasury of Bank Century
Tbk, and the witness did not know where the agreement was signed;
- that, the witness did not know, but he had once been
informed by the Board of Directors that the issued Asset
Management Agreement, Century Bank would obtain more
certainty of payment of the securities when due date.
- that, the minutes of the meeting of the Board of Directors
and Commissioners of Bank Century the witness had once made,
in respect of billing of commitment or securities to
shareholders (but the witness does not remember what the
content is, such minutes would be attached by the witness to
the investigator);
- that, with respect to the Minutes of the Board of Directors
and Commissioners in respect of the billing of the
securities, the Board of Directors instructed the witness to
make a letter containing directions from the Board of
Directors to be submitted in writing to the shareholders,
namely HESHAM AL WARRAQ, RAFAT ALI RISVI while to the
Defendant, such letter was sent directly by HERMANUS as the
President Director;
Considering, that in response to the witness’ clarification
above mentioned, the Defendant said that the defendant had
obtained warnings many times from BI and those persons
attending in the meeting were Hesham and Rafat. Initially, the
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name of the Defendant was not included, but on 28th October
2008 the Defendant was included;
The eighth witness: LIZA MONALISA SOERATMAN, who, in the court
proceedings and under an oath, principally clarified as follows:
- that, the witness knows the defendant as President Director
of PT. Century Mega Investindo, Tbk, as a shareholder of
Bank Century, and the witness has no family relationship
with the Defendant;
- that, the witness as Head of Regional Office III understands
the procedures of lending applicable within Bank Century
Tbk, namely:
- Branch office submits a proposal for lending to the Credit
Committee, for credit in maximum value of Rp. 500 million,
branch manager is authorized to approve it with the
following conditions:
- An application letter for credit from prospective debtor.
Data /identification of the prospective debtor.
Data of Collateral and financial condition of the
prospective debtor.
Assessment conducted by independent appraisal from Credit
Division
Credit analysis memorandum from Account Officer
Result of audit over the prospective debtor is sent to
BIm, which is prepared by SKPK or Credit Division at the
request of Account Officer.
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Account Officer prepares credit application form at the
Credit Committee for approval by the Credit Committee (branch
office authority is limited to a lending with a maximum
amount of Rp. 500,000,000,000.- if the credit collateral
is in the form of Deposit, the branch manager is authorized
to approve the lending of up to Rp. 1,000,000,000.-.
For a credit of up to Rp. 750 million, the approval must
be made by Regional Office Head based on approval of
branch manager and Memorandum review from Review Division
who reviews the documents of the credit proposal
submitted to the Regional Office.
For a credit of up to Rp. 1 billion, the approval must be
made by Credit Division head, which approval must be made
after receiving credit proposal approved by branch
manager and Regional Office Head (the regional Office
Head approves or not). Disregarding the approval of such
branch manager and Regional Office Head), the Credit
Division Head is authorized whether to approve or reject
such credit proposal.
For a credit of up to Rp. 3 billion, the final decision
is in Credit Director and any of directors unless
compliance director.
For a credit or more than Rp. 3 billion until BMPK, the
final decision is in Credit Director and any of directors
unless compliace director, plus 2 members of Board of
Commissioners.
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Procedures of lending of PT. Bank century Tbk are set
forth in Bank Credit Policy (KPB) and Credit Process
Guidelines (PPK);
- That, the witness knows PT. Accent Investment Indonesia and
PT. Wibhowo Wadah rejeki from the Credit Proposals submitted
by such companies to Century Bank Main Branch Office Senayan
to the Regional Office.
- that, PT. Accent Investment Indonesia was a Debtor of Bank
century since April 2008;
- that, the process of application for credit from PT. Accent
Investment Indonesia took place on April 2008, where the
witness received Credit Approval Form from KPO Senayan in
the name of PT. Accent Investment Indonesia with a ceiling
of Rp. 60,000 million, where the witness had received a call
from Linda Wangsa Dinata, KPO Senayan Head who informed the
witness that “the Credit Proposal from PT. Accent Investment
Indonesia must immediately be processed”. At around 17.00
WITZ, an officer of KPO Senayan (the witness does not
remember the name of such officer) sent a Credit Approval
Form in the name of PT. Accent Investment Indonesia that has
been approved by KPO Senayan and, as the witness had already
been called by KPO Senayan and the witness was waiting for
such form, the witness has to sign each sheet of the form,
which means that the witness has acknowledged and read out
it, and has to give his Recommendation of new facility of
Current Account Credit (KRK) amounting to Rp. 20 billion and
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a Credit at request (KAP) of Rp. 40 billion as per the
proposal from KPO for collateral in the form of blue chip
shares of min 200% of the ceiling;
- that, the credit in the name of PT. Accent Investment
Indonesia with a ceiling total of Rp. 60,000 million was
approved by Credit Director Hermanus Hasan Muslim and
Treasury Director Krishna Jagatesen as well as two members
of the board of commissioners;
- that, PT. Wibhowo Wadah Rejeki, started to be a Debtor of
Bank Century Tbk in December 2007;
- that, the chronology of the process of credit proposal from
PT. Wibhowo Wadah Rejeki with a platform of Rp. 121,304.44
million is as follows: In around December 2007, at a
morning, the witness got a call from Linda Wangsadinata Head
of KPO Senayan informing via that phone conversation that
“The credit approval form in the name of PT. Wibhowo Wadah
Rejeki must be processed at the same day as per instruction
from Hermanus and Djoko H. Indra”. At aroung 17.00 WITZ, the
witness received the Credit Approval Form from KPO Senayan
which had already been approved by KPO Senayan. At the same
time, as he had been informed by Linda Wangsadinata about it,
the witness has to put his signature on each sheet of the
form, which means that the witness has acknowledged and read
out and must sign the new credit facility of Rp. 121,306.44
million for a period of 6 montsh as per the KPO’s proposal;
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- that, the credit given to PT. Wibhowo Wadah Rejeki with a
ceiling of Rp. 121,306.44 million was approved by Credit
Director Hermanus Hasan Muslim and Treasury Dirfector
Krishna Jagatesen and two members of commissioners board.
- that, the witness did not know by whom the credits in the
name of PT. Accent Investment Indonesia and PT. Wibhowo
Wadah Rejeki were applied for, as the witness just received
the Credit Approval Form without supporting documents and at
that time the witness was informed by Linda Wangsadinata
saying that such credit proposal from PT. Accent Investment
Indonesia must be processed at instruction from Hermanus,
while the credit proposal from PT. Wibhowo Wadah Rejeki was
at instruction of Hermanus and Djoko H. Indra;
- that, those persons signing the Credit Approval Form were:
Novi (KPO Division Head), Linda Wangsadinata (KPO Manager),
Lisa Monalisa (Regional Office III Head), Alama G. Cahyadi
(Credit Division Head), Kreshna Jagatesen (Treasury
Director), Hermanus HM (Credit Director), and two members of
the Board of Commissioners;
- that, the collateral of credit for PT. Accent Investment
Indonesia, which to the best knowledge of the witness based
on FPK was in the value of Rp. 120,038 million, the witness
did not know where the collateral is;
- that, the collateral of credit for PT. Wibhowo Wadah Rejeki,
which to the best knowledge of the witness based on FPK was
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in the value of Rp. 15 million, the witness did not know
where the collateral is;
Considering, that in response to the witness’ clarification
above-mentioned, the defendant said that he never give
instruction of any kind to the witness;
The ninth witness: ALAM GUNADI CAHYADI, who, in a court
of PT. Century Mega Investindo, Tbk, as a shareholder of
Bank Century, and the witness has no family relationship
with the Defendant;
- that, the witness knows the names PT. Accent Investment
Indonesia and PT. Wibhowo Wadah Rejeki from the Credit
Approval Form submitted by Century Bank Senayan Main Branch
Office to the Credit Division;
- that PT. Accent Investment Indonesia (All), became debtor of
Bank Century around April 2008;
- that, on April 2008, the witness as Credit Division Head
received a new credit approval form proposal from Senayan
Main Branch Office which had been approved by A.O., Branch
Manager and Regional Office Manager with a ceiling of Rp.
60,000,000,000.- (sixty billion rupiah);
Credit Proposal Process:
At around the middle of April 2008, LINDA WANGSADINATA, a
Bank Century Senayan Branch Manager, called the witness
200
saying that NOVI, Division Head of Senayan Brach Office
would meet the witness to request for the witness’ signature
on credit facility proposal from PT. AII. In addition, she
also said that such credit is at oral instruction from
HERMANUS HASAN MUSLIM (President Director concurrently as
Credit Director). At afternoon of the same day, the witness
was visited by NOFI who brought such credit approval form
(FPK) that the witness must sign on column number 6 (six) of
Credit Committee initial). After the witness put his initial
on such FPK, the FPK was thereafter taken by NOFI to be
escalated to the Board of Directors, after that, the witness
did not know anymore;
- that, PT. Wibowo Wadah Rejeki started to be a Debtor of Bank
Century Tbk since December 2007;
- that, at around December 2007, the witness as Credit
Division Head received a new Credit Approval Form proposal
from Senayan Main Branch Office which had already been
approved by A.O, Branch Manager and Regional Office Head
with a credit ceiling of Rp. 121,306,440,000.- (One hundred
twenty one billion three hundred six million four hundred
forty thousand rupiah);
- that, in the credit proposal process, no supporting document
attached to the Credit Approval Form for PT. AAI, but the
credit approval form for PT. WWR was attached by 1 (one)
sheet of Statement stating collateral of the credit which
was in the form of Securities in a worth of US$ 15 million.
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FPK was recorded in Credit Division in the document
acceptance book, put in the agenda any time a document is
received as administrative requirement of intern-Credit
Division;
- that, the witness did not know by whom the credit proposals
of PT. Accent Investment Indonesia and PT. Wobhowo Wadah
Rejeki were submitted. As per the procedure, a credit
proposal should firstly come from Branch Office. But if
analysis credit documents are complete, the witness might
know by whom the credit proposal is submitted based on the
data of the Credit Analysis Memo (MAK);
- that, with respect to the credits in the name of PT. AII and
PT. WWR, the witness never see documents of the credit
proposal, which documents should be attached to the
submitted FPK;
- that, technically and as per the procedure applicable in
Bank century, those persons having authority to sign a
credit agreement are Branch Manager and Legal Division;
- that, to the best knowledge of the witness based on FPK, the
collateral of credit facility to PT. Accent Investment
Indonesia was in the form of Shares with a total value of
Rp. 120,038 million;
- that, to the best knowledge of the witness based on FPK, the
collateral of credit facility to PT. Wibhowo Wadah Rejeki
(WWR) was in the form of Securities with a total value of
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Rp. 15 million, but the witness did not know where such
collateral is;
- that, the recording of the credit proposal was carried out
internally by the respective function (branch office,
regional office, and division), but monthly report for the
interest of the Board of Directors or external agency (Bank
Indonesia) was prepared by SKPK Division (Credit Settlement
and Credit Reporting). The Credit Division prepared monthly
report containing:
- Credit Achievement Target
- Credit Push-Pull
- that, the monthly report the witness reported to the Board
of Directors was not made as material of report to Bank
Indonesia. The report to Bank Indonesia was prepared by the
SKPK Division (Credit Settlement and Credit Reporting),
while the monthly report to Bank Indonesia is signed by two
persons of Board of Directors;
- that, as per the information the witness received from LINDA
WANGSADINATA, the officials of Bank Century giving
instruction to approve the lending to PT WWR were HERMANUS
and the Defendant. The disbursement of the credit to PT AII
and PT WWR was approved by 2 (two) persons of the member of
the Board of Directors and 2 (two) persons of the member of
the Board of Commissioners;
- that, the time of the credit disbursement is as follows:
203
a. To the best knowledge of the witness from LINDA WANGSADINATA
(Senayan Branch Manager) and based on monthly report
prepared by Credit Division based on reports from
regional office and SKPK, the disbursement of the credit
facility to PT. AII was in around April 2008;
b. To the best knowledge of the witness from LINDA WANGSADINATA
(Senayan Branch Manager) and based on monthly report
prepared by Credit Division based on reports from
regional office and SKPK, the disbursement of the credit
facility to PT. WWR was in around December 2007;
- that, the witness can clarify as follows:
a. The current status of the credit facility given to PT
AII is as follows: its quality is categorized as
category 2 (a special concern is required), its interest
rate has not been paid since November 2008 with total
outstanding interest rate and penalty of Rp. 1,108,277,778.
b. The current status of the credit facility given to PT WWR
is as follows: its quality is categorized as category 4
(doubtful credit), its interest rate has not been paid
since July 2008 with total unpaid loan of Rp. 8,335,655,117.
- that, the process of the lending to PT AII and PT WWR can be
described by the witness as follows:
a. that, the credit facilities given to PT AII and PT WWR
as per their proposed value that have been approved by
two (2) members of the Board of Directors and two (2)
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members of Board of Commissioners have been in
accordance with the approval procedure;
b. that, however, the credit facilities did not comply with
the Credit Process Guidelines (PPK), as the following
required documents were not provided:
- documents as per the requirements.
- Memorandum and Analysis of Credit.
- Identity of credit applicants/ debtor
- that, according to the policies of internal Bank Century,
collateral of credit in the form of shares are allowed,
provided that such shares are registered with the Stock
Exchange. The value of the shares to be made as collateral
shall at least 200% of the total credit requested and, if
the value of the shares drops, the debtor shall increase the
value of its collateral or reduce the value of its loan;
- that, the lending to PT. WWR with a collateral of securities
meets the criteria/category of Internal Bank Century Tbk (as
per the Bank Lending Guidelines) ;
- that, based on the FPK the witness already seen and read
out, such company has no special relation with Bank Century
which can be seen from page 1a of the FPK on Total Facility
of Group. On such page, there is no notes concerning
relationship between such company and Bank Century. But if
such document is complete, the witness may find whether such
company has special relation with Bank Century or not in the
Credit Analysis Memorandum (MAK);
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- that, the witness’ initial, signature and notes to the FPK
sheets indirectly approves such FPK Recommended by Credit
Committee as the witness exercises instruction from the
Board of Directors through LINDA WANGSADINATA and actually,
for such three debtors, the authority of lending is on the
Board of Directors and Board of Commissioners.
- that, the witness did not review to such instruction because
the witness trusts to LINDA WANGSADINATA. In addition, such
instruction typically addressed directly to branch office
and not via Division. In general, such instruction is
unjustifiable in the banking norms, mainly if it is not
accompanied by the requirements that the debtor shall
fulfill as per the procedure;
- that, on 6th December 2007, after FKP (Credit Approval Letter)
was approved by the Credit Committee, Linda ordered the
Legal Division to prepare a deed of credit, loan acceptance
letter, credit agreement, and credit approval letter;
- that, the Branch Office thereafter ordered SKPK (Settlement
of Credit and Credit Reporting) to prepare MPFK (Credit
Facility Disbursement Memo) signed by AO, Branch Manager,
Legal Officer, Legal Officer Division Head by attaching FPK
already approved by the Credit Committee including 2 members
of the Board of Commissioners, then SKPK should record
credit ceiling and credit it to bank account of PT. Wibowo
Wadah Rejeki / WWR in PT. Bank Century account number: 1022-
0000245402-001 in favor of PT. Wibowo Wadah Rejeki;
206
- that, for all credit facilities disbursed upon instruction
of the Defendant, HERMANUS HASAN MUSLIM instructed Head of
Regional Office III and Credit Division head to not make any
burdening written statement which means that they must
approve such credit;
- that, with respect to the lending to PT. WIBOWO WADAH REJEKI
or WWR, the analysis was not conducted against the debtor.
Branch Office did not conduct interview with the debtor as
it has never met them, BI checking was conducted following
the FPK had been delivered to the Credit Committee, neither
site survey nor analysis were conducted, the FPk was prepared
with back date which as if it complies with the procedure;
- that, in a lending, the Branch Office should conduct a
survey to the site of prospective debtor and at the same
time inspect the collateral of the prospective debtor for
such credit;
- that, the collateral provided by PT. WIBOWO WADAH REJEKI /
WWR for credit facility submitted to Bank Century in the
form of Certificate of Deposit issued by Banca Populare Bank
in Milano with ISIN No. XSO179811616 in a nominal value of
US$ 15 billion was in fact the property of Bank Century;
- that, PT. WIBOWO WADFAH REJEKI or WWR is a company having no
a registered office, employees and activities, which was
established by the TARIQ KHAN at instruction of the
Defendant aimed at obtaining the credit facility from
Century bank;
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- that, in processing the lending to PT. Accent Investment
Indonesia (AII), the Credit Approval Form was prepared with
back date;
- that, PT. Accent Investment Indonesia was a new customer of
and having neither facility nor other financial data with
Bank Century. Neither financial reports nor current account
from another bank were submitted by the debtor and the
debtor’s collateral was in the form of shares having very
high level of risk as the bank cannot control the fluctuated
price of the shares;
- that as per the procedure of lending, the proposal and
company data of Debtor are required, which should be
surveyed by the Account Officer (A/O) in order to determine
whether the prospective debtor is feasible or not for
obtaining the credit, which should be set forth in the
Credit Analysis Memorandum (MAK). Based on such MAK, a
Credit Approval Form (FPK) should thereafter be issued
signed by the management (A/O, KPO, Regional Office Head,
Credit Division and two members of the Board of Directors
and two members of Board of Commissioners). Such FPK and MAK
should thereafter be submitted to the Legal Division to be
set forth in a credit facility approval letter prepared by
the Credit Division and, a power of attorney from the Board
of Directors and approval letter of the Board of
Commissioners prepared by the Legal Division should be
submitted to the Board of Directors through the Secretary
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and should be documented and approved by the Board of
Commissioners. After that, the same should be returned to
the legal division for drafting of Credit Deed and credit
agreement by a Notary represented by KPO and Legal Division
and, after drafted credit agreement should thereafter be
submitted to the Credit Administration Function for
disbursement process;
- that, with respect to the credit given to PT. WIBOWO WADFAH
REJEKI and PT. Accent Investment Indonesia, the bank did not
conduct survey and all processes of the credit were based on
instruction of the defendant. As such, such lending deviates
from the procedure and is not documented in the business
activity report, accounting book or credit process report;
Considering that in response to the clarification of the
witness above-mentioned, the defendant stated that he agrees
to that clarification;
The tenth witness: HAMIDY, who, in a court proceedings and
under an oath, clarified as follows:
- that, the witness knows the Defendant as a shareholder of
Bank Century;
- that, the value of the Defendant’s shares in PT. Century
Mega Investindo (CMI) was around 5% to 10%. While Hesham Al
Waraq and Rafat Ali Risvi controlled more than 10% of the
total shares of Bank Century;
209
- that, that the disbursement of the credit facility to PT.
WIBOWO WADFAH REJEKI was made on November 2007, the
administrative requirements of which were fulfilled on 13th
December 2007. While the disbursement of the credit facility
to PT. Accent Investment Indonesia, the witness did not know
when it is executed;
- that, it is true that Bank Century warned several times by
Bank Indonesia, which requires Bank Century to redeem its
securities that were under the control of First Gulf Asia
Holding (FGAH) in a worth of around US$ 2000 million;
- that, the issues on the securities took place since CIC
bank, which currently called Century bank, purchased ROI
Loan;
- that, the sale and transfer of Bank Century’s securities to
overseas in 2003 when Bank Century was still under the name
CIC Bank were acknowledged and approved by the defendant;
- that, Bank Century’s securities under the control of FGAH
were guaranteed by Tells Top Holding where there was only
one of the securities which can be disbursed, while the
others could not be disbursed, even they have been fallen
due;
- that, the Defendant, in several meetings of the Board of
Directors of Bank Century, also attended and, any General
Meeting of Shareholders of Bank Century could be commenced
if it is attended by the Defendant;
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- that, on 13th November 2008, bank century experienced a loss
of clearing as Bank Century’s balance was insufficient to
cover the limit of Minimum Mandatory Giro and on 21st
November 2008, Bank century was taken over by Lembaga
Penjamin Simpanan as Bank Century’s Liabilities were higher
that its Assets;
Considering, that in response to the witness’ clarification,
the Defendant justifies it;
The eleventh witness: NOFI, who, in a court proceedings and
under an oath, principally clarified as follows:
- that, duties and responsibilities of the witness as Account
Officer Division Head were as follows: Conducting Credit
Feasibility Analysis (Business feasibility, and Financial
Analysis); Reviewing the Credit Analysis Memo & Credit
Approval Form; Following up to the debtor for unpaid
interest rate and credit installment, monthly and weekly
report submitted to Credit Administration Division or
Regional Office;
- that, it could be clarified by the witness that in respect
of the credit, the witness taken the following actions:
Conducting Credit feasibility Analysis: (in respect of
`Business Feasibility, the witness takes the following
measures: Ensuring as to whether Debtor’s business is
feasible to be funded or not, Debtor’s business activities
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comply with prevailing laws and regulations or not. While
the financial analysis covers:
- Analysis of financial statements including Balance Sheet
and Profit/Loss;
- Analysis of Current Account upon financial activities;
Evaluating process of making of Credit Analysis Memo and
Credit Approval Letter covering:
Ensuring as to whether the drafting of MAK and FPK are in
accordance with supporting documents, such as: ANALYSES
OF DEBTOR’S CURRENT ACCOUNT, INCOME STATEMENTS, FINANCIAL
RATIO, COMPANY PROFILE, ETC.;
Monitoring and following up to Debtor on unpaid interest
rate and principal loan installment. In this case, the
witness takes the following actions: Calling debtor via
phone and informing the debtor concerning unpaid Interest
Rate, Loan Installment, or issuing a warning letter if
the debtor still fails to pay the same within a
stipulated time;
Evaluating Monthly and Weekly reports submitted to Credit
Administration Division or Regional Office, which to be
clarified by the witness on the next investigation;
- that, all outputs of activities and works of the witness as
Account Officer Division Head were submitted to:
DIVISION HEAD, then escalated to BRANCH MANAGER then
escalated to REGIONAL OFFICE HEAD, then escalated to CREDIT
DIVISION HEAD, then escalated to PRESIDENT DIRECTOR/CREDIT
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DIRECTOR accompanied by CO-DIRECTOR, and then escalated to
TWO MEMBERS OF THE BOARD OF COMMISSIONERS (SPECIAL FOR
CREDIT PROCESS, DIURECTORS ALWAYS PUT THEIR
INITIAL/SIGNATURE AND COMMENTS IN AN AVAILABLE COLUMN IN
THE FORM OF NOTES).
Types of Credits issued by Bank Century:
- Credit At request (KAP);
- Current Account Credit (KRK);
- Term Credit (KAB);
- Investment Credit (KAI);
- Back To Back Credit (BTB);
- Multifunction Credit;
- that, in November 2007, Bank Century provided credit
facilities as follows: PT. WIBOWO WADFAH REJEKI amounting to
RP. 121,306,000,000.- analyzed by Account Officer (AO) LISA
NURSANTI, PT. Signature Capital Indonesia amounting to Rp.
97,060,000,000.- analyzed by AO T YUDA, PT. Accent
Investment Indonesia amounting to Rp. 60,000,000,000.-
analyzed by the witness as Account Officer Division Head,
consisting of two credit facilities: Current Account Credit
(KRK) amounting to Rp. 20,000,000,000.- and Credit at
Request (KAP) amounting to Rp. 40,000,000,000.-;
- that, in November 2007, Bank Century Senayan KPO Branch
provided credit facilities to PT. WIBOWO WADFAH REJEKI
amounting to Rp. 121,306,000,000.- with LISA NURSANTI as
Account Officer. As per the procedures applicable in Bank
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Century, in processing such lending, AO should take the
following measures:
Conducting analysis on the prospective debtor (PT WWR);
Conducting interview with the prospective debtor;
Conducting BI Checking in order to identify whether the
prospective debtor has good performance or not in banking
business;
Conducting field survey to business site of the prospective
debtor;
Conducting analysis of credit proposal of the prospective
debtor; if feasible, preparing Credit Application Form
(FPK) and Credit Analysis Memorandum (MAK) to be submitted
to A/O Division head and Branch Manager;
DEVIATIONS FROM PROCEDURE IN RESPECT OF THE LENDING TO PT.
WIBOWO WADFAH REJEKI (DIRECTOR: SILVIA, COMMISSIONER: TOTO
KARTONO):
• A prior analysis was not conducted over the prospective
Debtor as the Debtor had Credit Facility at Treasury
Division of central Office;
• Interview was not conducted as branch manager had never
met the management board of PT. WIBOWO WADFAH REJEKI, as
the credit facility represented mandated Credit Facility
from Treasury of Central Office;
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• BI Checking was conducted following FPK was delivered to
the Credit Committee, which deviates from the prevailing
bank lending procedure.
• Field survey was not conducted.
• Analysis was not conducted for the following reasons:
* Unavailability of Debtor’s financial data;
* It was instructed to immediately disburse the credit so
that the analysis was made after the disbursement,
which actually deviates from the bank lending procedure.
FPk was prepared with back date, which as if it
complies with the procedure (as otherwise, it would be
returned to President Director/Credit Director HERMANUS
HASAN MUSLIM);
If processed as per the prevailing lending procedure,
the credit proposal from PT. WIBOWO WADFAH REJEKI
should be rejected;
The process of lending to PT. Accent Investment
Indonesia was as follows:
Analysis over customer, interview with the debtor,
survey, and analysis over credit proposal of the debtor
were not conducted as the disbursement of the credit
facility was based on urgent instruction from HERMANUS
HASAN MULIS through LINDA WANGSADINATA (Branch Manager
of KPO Senayan), where branch office have no time to
process the lending as per the prevailing procedure;
215
Initially, the witness was informed by LINDA WANGSADINATA
that PT. Accent Investment Indonesia had submitted a
proposal of Credit facility amounting to Rp. 60 billion
(consisting Rp. 20 Billion KRP and Rp. 40 Billion KAP)
with Main Collateral of Shares. The witness questioned
about the collateral in form of such Shares. LINDA W
thereafter informed HERMANUS HASAN MUSLIM concerning
the Shares used as collateral of the Credit and, at the
same time, LINDA W instructed the witness to prepare
FPK with Back Date, otherwise, the FPK would be
returned to Board of Directors (HERMANUS HASAN MUSLIM)
and such FPK proposal was not furnished with the Credit
Analysis Memo.
DISADVANTAGES:
PT. Accent Investment Indonesia was a New Customer who
had previously no Facility nor other financial data in
Bank Century;
Data received by bank century from this company was very
insufficient and the debtor also did not provide Financial
Statements or Current Account from another bank;
Collateral of the credit facility was in the form of Shares
whose value/price could not be controlled by the Bank;
- that, after the FPK (Credit Approval Letter) was issued to
PT. WIBOWO WADFAH REJEKI and PT. Accent Investment Indonesia
by AO, it was evaluated by AO Division Head in Senayan KPO
Branch Office, which thereafter was approved by the branch
216
manager without Credit Analysis Memo (MAK). Such FPK was
thereafter sent to the Credit Committee consisting of:
- Regional Office Head LISA MONALISA, and after being signed
by LISA MONALISA, the FPK was delivered to the Credit
Division ALAM G CAHYADI and after being approved / signed by
the Division Head, the FPK was delivered to the President
Director HERMANUS HASAN MUSLIM, which so far any process
must involve HERMANUS. After that, the FPK was delivered to
one of Co-Directors (typically is Vice-President or
International Director) and after the copy of the FPK was
sent to Legal Division for preparation of drafting of Credit
Agreement, SPK (Job Order), and power of attorney from Board
of Directors and Board of Commissioners, the Legal Division
thereafter prepared Credit Agreement with the Debtor. After
the preparation of the credit agreement, the credit
agreement document was incorporated and Branch Manager
issued MPFK (credit facility disbursement memo) signed by
the Branch Manager (LINDA W) and Legal Division ARGA TIRTA
KENCANA), and such MPFK was thereafter sent to SKPK (Credit
Settlement & Credit reporting Function) and the credit
facility was thereafter disbursed to the Debtor’s account;
- That, to the best knowledge of the witness, such credit
facilities could be disbursed without Credit Analysis as all
have been acknowledged by the Board of Directors, regional
office head, and the witness who undertakes the same at
instruction of HERMANUS HASAN MUSLIM to Linda Wangsadinata;
217
- The credit facility to PT. WIBOWO WADFAH REJEKI was
disbursed on 3rd December 2007 whose PK was signed by SILVIA
and TOTO KARTONO, while the credit facility to PT. Accent
Investment Indonesia was disbursed on 22nd April 2008 whose
PK was signed by DESI DAMAYANTI and SUHADI;
- that, there is evidence as per the receipt in respect of
delivery of FPK documents from KPO Senayan Branch Office to
Regional Office. That, the FPK submitted by Senayan KPO
Branch Office for PT. WIBOWO WADFAH REJEKI and PT. Accent
Investment Indonesia to Regional Office and Head Office was
not attached with MAK (Credit Analysis Memorandum);
- that, the person submitting the credit proposal from PT.
WIBOWO WADFAH REJEKI was SILIVA as Director of PT. WIBOWO
WADFAH REJEKI as per the Letter dated 29th November 2007,
but such letter was made with back date and it was evidenced
that no Bank official making disposition to such letter (not
like credit memorandum where bank official disposition is
attached as per the procedure);
- that, for credit facility given to PT. Accent Investment
Indonesia, there was no Credit proposal but it was made with
back date and the person signing such proposal was DESI
DAMAYANTI as Director of PT. Accent Investment Indonesia;
- that, the evidence of the existence of the letter with back
date, the witness could give examples, specially for:
A. For credit facility given to PT. Accent Investment
Indonesia, CREDIT APPROVAL FORM NO. FPK 222/B-KRK –
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KAP/AII/KPO/III/08 dated 17/3/08, KPO Branch Office /
REGFIONAL OFFICE – 03, and delivered to Regional Office
on 9th April 2008 addressed to LISA MONALISA received by
her secretary LILY. Delivery of document of FPK/222/B –
KRK-KAP/AII/KPO/III/08 dated 17th March 2008, which
letters were not attached with Credit Analysis
Memorandum (MAK) required to disburse credit facility.
The MAK for lending to PT. Accent Investment Indonesia
was prepared by A/O following the credit disbursement
but there was still supporting document not yet
fulfilled until now, i.e. Current Account Analysis where
the Debtor’s current account had never been given to
Bank Century).
B. With respect to the credit facility given to PT. WIBOWO
WADFAH REJEKI, the document was only FPK No. 155/B-
KAP/WWR/KPO/II/07 dated 1st November 2007, the letter of
which was addressed to Regional Office Head and Board of
Directors the receipt of which was not attached to the
MAK (Credit Analysis Memorandum) and prepared back date.
Up today, the required documents not yet fulfilled by
Debtor was PT. WIBOWO WADFAH REJEKI’s Current Account
thereby Bank Century never conducted analysis of
financial aspects of PT. WIBOWO WADFAH REJEKI. The
Credit Analysis Memorandum for the lending to PT. WIBOWO
WADFAH REJEKI prepared back date (post-disbursement) was
MAK No. 155/B-KAP/WWR/KPO/II/07 dated 1st November 2007
219
signed by LISA NURSANTI (A/O0 and the witness (NOFI) as
A/O Div. Head, and LINDA WANGSADINATA as Branch Manager.
This was made so as the MAK was prepared after the
disbursement of the Credit Facility.
Should the MAK is prepared as per the prevailing
procedure, it is typically also signed by LISA MONALISA
(Regional Office Manager) and the defendant HERMANUS
HASAN MUSLIM (President Director) of Bank Century;
- that, according to the witness, the management should
acknowledge that MAK (Credit Analysis Memorandum) was not
attached to the FPK for credit facilities to PT. WIBOWO
WADFAH REJEKI, PT. Signature Capital Indonesia, and PT.
Accent Investment Indonesia according to the receipt as
clarified by the witness above-mentioned;
- that, it is true that when the witness LINDA WANGSADINATA
was calling the defendant the loud speaker of the telephone
line used by LINDA WANGSADINATA was on so that the
conversation between her and the defendant could clearly be
hear by the witness NOFI;
- that it is true that when such loudspeaker was on, the
witness hear the defendant’s voice of instructing the
witness Linda Wangsadinata to proceed the credit facility to
PT. WIBOWO WADFAH REJEKI;
Considering that in response to the witness’ clarification,
the Defendant stated that such clarification was true, but he
220
never instructed Linda to provide credit facility to PT.
WIBOWO WADFAH REJEKI;
The twelfth witness: STELLA ANGELINA HIDAJAT alias WONG MIN
CHU, who, in a court proceedings and under an oath, clarified
as follows:
- that the witness does not know the Defendant and has no
family relationship with him;
- that, PT. Accent Investment Indonesia was established on 9th
February 2004 whose deed of establishment was drawn up
before a Notary Vivi Novita Ranadireksa, SH, under number 3
dated 9th February 2004 with the management board
composition as follows:
Director : STELLA ANGELIA HIDAJAT.
Commissioner : GUNTHAR BACHROEM
Shareholders:
The witness (STELLA ANGELIA HIDAJAT) who controlled
5,000,000 shares in a nominal value of Rp. 5,000,000,000.-
(five billion rupiah) and GUNTHAR BACHROEM who controlled
15,000,000 (fifteen million) shares in a nominal value of
Rp. 15,000,000,000.- (fifteen billion rupiah);
- that, PT. Accent Investment Indonesia has been a duly legal
entity registered with the Ministry of Law and Human Rights
of the Republic of Indonesia by virtue of Decree No. C-
05484.HT.01.01.TH.2004 of the Minister for Law and Human
Rights of the Republic of Indonesia dated 05th March 2004;
221
On 14th June 2004, a General Meeting of Shareholders of PT.
Accent Investment Indonesia was held, the deed of
resolutions of which was drafted by Notary Vivi Novita
Ranadireksa, SH as set forth in the Deed No. 6 dated 14th
June 2004. The agenda of the meeting was the sale of shares
and change in management board composition, so that the new
management board members were as follows:
Director : STELLA ANGELIA HIDAJAT
Commissioner : SUHADI
Shareholders:
The witness (STELLA ANGELIA HIDAJAT) who controlled
5,000,000 shares in a nominal value of Rp. 5,000,000,000.-
(five billion rupiah) and SUHADI who controlled 15,000,000
(fifteen million) shares in a nominal value of Rp.
15,000,000,000.- (fifteen billion rupiah), which thereafter
a Deed of Sale of Shares No. 09 dated 14th June 2004 was
drawn up before Notary Vivi Novita Ranadireksa, SH;
On 29th January 2008, a General Meeting of Shareholders of
PT. Accent Investment Indonesia was held, the deed of
resolutions of which was drafted by Notary Vivi Novita
Ranadireksa, SH as set forth in the Deed No. 12 dated 29th
January 2008. The agenda of the meeting was the change in
the company’s management board composition, so that the
company’s new management board members were as follows:
Director : DESI DAMAYANTI;
222
- that, the Deed No. 3 dated 9th February 2004 and Deed No. 6
dated 14th June 2004 contain name STELLA ANGELIA HIDAJAT,
which was mistakenly written as per the witness’s Identity
Card. The correct name of the witness was STELLA ANGELINA
HIDAJAT as indicated in Deed No. 12 dated 29th January 2008,
where the witness written her name correctly;
that, the PT. Accent Investment Indonesia has an office in
WTC, 14th Floor and five (5) employees, they were:
CHANDRA, YANNI, as Office Boy, BAGYO as Security Guard,
KUSNANTO as Messenger, and the witness as Administration;
- that, the witness never transfer the 5,000,000 (five
million) shares in the nominal value of Rp. 5,000,000,000.-
(five billion rupiah) to PT. Accent Investment Indonesia and
has no shares registration book;
that, as per the Deed No. 12 dated 29th January 2008 drawn up
before Notary Vivi Novita Ranadireksa, SH, PT. Accent Investment
Indonesia’s management board composition was as follows:
Director : DESI DAMAYANTI;
- that, DESY DAMAYANTI and SUHADI were employees of PT. SCI
concurrently as management board of PT. Accent Investment
Indonesia;
- that, DESI DAMAYANTI and SUHADI in their capacity
respectively as Director and Commissioner of PT. Accent
Investment Indonesia have no exclusive job space;
223
- that in April 2008, PT. Accent Investment Indonesia had once
submitted proposal for credit facility to PT. BANK CENTURY,
Tbk, and such proposal for credit was approved and disbursed
and amounting to Rp. 60,000,000,000.- (sixty billion
rupiah);
- that in processing such credit facility proposal, the
involved parties were as follows:
From PT. BANK CENTURY, Tbk: Mr. NOVI and Ms. Linda;
From PT. Accent Investment Indonesia: the witness but DESI
DAMAYANTI also had once called NOVI and Linda;
- that, the proposal for credit facility submitted by PT.
Accent Investment Indonesia to PT BANK CENTURY, Tbk was
signed by DESI DAMAYANTI as Director of PT. Accent
Investment Indonesia and SUHADI as Commissioner of PT.
Accent Investment Indonesia;
- that, the witness knows Hermanus Hasan Muslim and Laurence
Kusuma;
- that, Hermanus Hasan Muslim was Director of PT. BANK
CENTURY, Tbk., and Laurence Kusuma was one of Board of
Directors of PT. BANK CENTURY, Tbk.
- That, after PT. Accent Investment Indonesia was established,
the witness opened the following bank accounts;
a. BCA, Account No.: 035.3084.809;
b. Bank Mandiri, Account No.: 122.000.425.5116;
- that, the witness acknowledged that the collateral of credit
facility proposed by PT. Accent Investment Indonesia to PT.
224
BANK CENTURY, Tbk amounting to 60,000,000,000.- (sixty
billion rupiah) was in the form of shares with a total value
of Rp. 120,000,000,000.- (one hundred twenty billion rupiah);
- that, the witness never know about the documents of the
credit and the witness just known it recently. The witness
did not know why the “CREDIT ANALYSIS MEMO” NO. FPK005/BC-
SDRM/KRD/FPK/II/08 dated FPK: 28.2.2008 mentions Key Person
Silvia & Stella (0818-700222);
- that, the witness had once received a call from PT. BANK
CENTURY, Tbk requesting for payment of interest rate of loan,
but the witness did not know about it. However, on a date
and day the witness does not remember, upon receiving the
call from PT BANK CENTURY Tbk, the witness had once informed
by TARIQ KHAN that there was also PT. WIBOWO WADFAH REJEKI
receiving a credit facility from PT BANK CENTURY, Tbk;
- that, the Deed No. 3 dated 9th February 2004 on establishment
of PT. Accent Investment Indonesia had once also been used
to register PT. Accent Investment Indonesia with the
Ministry of Laws and Human Rights of the Republic of
Indonesia as also as foundation of changing management board
and shareholders of PT. Accent Investment Indonesia, which
later was used as a requirement for obtaining the credit
facility from PT BANK CENTURY, tbk;
Considering that in response to the witness’ clarification
above-mentioned, the Defendant declared that the same was
225
untrue; REPO was the issue of BANK CENTURY, instead of the
defendant;
The thirteenth witness: TARIQ KHAN, who, in a court proceedings
- that the witness knows HERMANUS HASAN MUSLIM as President
Director of PT. BANK CENTURY, Tbk, and LAURENCE KUSUMA as
one of the members of the Board of Directors of PT. BANK
CENTURY, Tbk. The witness known both persons in relation
between debtor and creditor, as PT. KUO Capital Rajarja
which later changed into PT. Signature Capital, and PT.
Accent Investment Indonesia had ever obtained credit
facility and fund management facility from PT BANK CENTURY
Tbk. The witness has no a family relationship with both
persons in question;
The composition of the management board of PT. Accent
Investment Indonesia was as follows:
Management Board:
Director : DESI DAMAYANTI
Shareholders:
DESI DAMAYANTI = 90%
SUHADI = 10%
- that, it can be explained by the witness that the witness had
once helped in proposing the credit facility of PT. Accent
226
Investment Indonesia to PT BANK CENTURY, Tbk, the agreement
of which was made in the form of fund management facility;
- that, PT. Accent Investment Indonesia represented by DESI
DAMAYANTI and LINDA WANGSADINATA and H. AGRATIRTA KIRANA
representing HERMANUS HASAN MUSLIM and HAMIDY respectively
as President Director and Vice-President Director of PT.
BANK CENTURY, Tbk, entered into a credit proposal agreement
drawn up before Notary BUNTARIO TIGRIS, SH, SE, MH, and a
fund amounting to Rp. 60,000,000,000.- (sixty billion rupiah)
was paid by PT. BANK CENTURY, Tbk to PT. Accent Investment
Indonesia by transfer to PT. Accent Investment Indonesia’s
bank account at Bank Century Acc. No: 1022-000019748-002;
- that, in respect of the lending to PT. Accent Investment
Indonesia amounting to Rp. 60,000,000,000.- (sixty billion
rupiah), PT. Accent Investment Indonesia has rendered a
collateral in the form of shares owned by PT. SCI in a total
value of 120,000,000,00.- (one hundred twenty billion rupiah)
wholly under a Custody and in the name of PT. SCI and, a shares
pledge agreement has been made with PT BANK CENTURY, Tbk;
- that, it can be clarified by the witness that such fund was
not used by PT. Accent Investment Indonesia but it was
transferred by PT. Accent Investment Indonesia to:
1) PT. SCI via Bank Mandiri BEJ Branch Office dated
22/4/2008 amounting to Rp. 8,340,000,000.-;
25/4/2008 amounting to Rp. 21,000,000,000.-;
227
3) PT. Antaboga Deltasekuritas dated 28/4/2008 amounting to
Rp. 24,000,000,000.-;
30/4/2008 amounting to Rp. 5,000,000,000.-;
5) And the remaining of Rp. 1,666,000,000 was used as
administrative costs, provision, and interest rate;
- that, specimen of signature at PT. BANK CENTURY, Tbk, for
account in favor of PT. Accent Investment Indonesia was
signed by Ms. DESI DAMAYANTI;
- that, PT. Accent Investment Indonesia did not business
activities as such company was just a media used by PT. SCI
to obtain loan from PT. BANK CENTURY, Tbk, as per the
following documents:
1) Letter ref. No.007/IB/XII/05 dated 28th December 2005
signed by Tariq Khan.
2) Letter dated 6th January 2006 signed by Tariq Khan.
3) Fund Management Contract No.010/KPD-IB/I/06 dated 10th
January 2006 signed by:
1) PT. BANK CENTURY, Tbk,:
a. Defendant HERMANUS HASAN MUSLIM (President Director);
b. Drs. HAMIDY (Vice-President Director);
c. RUSLI PRAKARSA (Commissioner);
d. POERWANTO KAMSJADI (Commissioner).
2) PT. KUO CAPITAL RAHARJA: TARIQ KHAN/President Director;
228
the Defendant stated that such clarification was true;
The forteenth witness: HISBULLAH, SE, AK, who, in a court
- that the witness does not know the Defendant and has no
- that on 15th October 2008, at about 14.15 WITZ, in Bank
Indonesia Central Office, a meeting was held between Bank
Indonesia and Shareholders and Management Board (Board of
Directors & Commissioners) of PT. BANK CENTURY, Tbk,
discussing measures of settling non-performance foreign
exchange securities;
- that those persons attending in the meeting were Bank
Supervision I Director (ZAINAL ABIDIN), Deputy to Bank
Supervision I Director (HRU KRISTIYANA, PAHLA SANTOSO,
PURWANTO SOEMARTONO, (from Bank Indonesia) and the witness
and other banking supervisors. Those persons from PT. BANK
CENTURY, Tbk, attending the meeting were the defendant,
RAFAT ALI RIZVI, HESHAM AL WARRAQ, HERMANUS IHSAN MUSLIM
(President Director), KRISNA JAGATEENSEN (Director), HAMIDY
(Director), LILAKOMALADEWI GONDOKUSUMO (Director), SULAIMAN
AHMAD BASYIR (President Commissioner), PURWANTO KAMSADI
(Commissioner) and RUSLI PRAKARSA (Commissioner);
- that following the meeting in Bank Indonesia, PT. BANK
CENTURY, Tbk, (the Defendant, RAVAT ALI RIZVI, and HESHAM AL
229
WARRAQ) issued a Letter of Commitment dated 15th October
2008 containing the following:
a. that they promises to redeem the securities due date on
30th October 2008 amounting to US$ 11 million (eleven
million United States Dollar), on 3rd November 2008
amounting to US$ 45 million (forty five million United
States Dollar), on 9th December 2008 amounting to US$ 27
million (twenty seven United States Dollar), and end
February 2009 amounting to US$ 40.4 million (forty
\million four hundred thousand United States Dollar). In
addition they also promised to pay the securities of JP
Morgan Luxemburg Banking SA amounting to US$ 25 million
(twenty five million United States Dollar) and
securities of Nomura Bank Int’l Plc, London amounting to
US$ 40 million (forty million United States Dollar);
b. Return or pay in cash Bank Century for securities of
Bank Century under the control of First Gulf Asia
Holding Ltd amounting to US$ 15.88 (fifteen million
eight hundred eighty thousand United States Dollar);
c. Pay securities due date on 30 September 2008 amounting
to US$ 15 million (fifteen million United States Dollar)
and on 3 November 2008 amounting to US$ 7 million (seven
million United States Dollar) that had been made as
collateral of loan by PT. Cantingmas Persada and PT.
WIBOWO WADFAH REJEKI;
230
- that, the Bank Century’s securities due date on 30th October
2008 and 3rd November 2008 in total value of US$ 56 million
(fifty six million United States Dollar) have not been paid
by the Defendant, RAFAT ALI RISVI, HESHAM AL WARRAQ to Bank
Century (incompliance with the letter of commitment), so
that Bank Century failed to meet its obligations to its
customers and GWM (Minimum Mandatory Giro) of Bank Century
in Bank Indonesia. As such, Bank Century committed breach to
the prevailing regulations where it is required to have at
least 5% of the total third party’s fund (giro, saving, deposit
of public in Bank century, so that Bank Century underwent a
liquidity and Bank Indonesia thereafter provided Short Term
Funding Facility (FPJP) amounting to Rp. 502 billion (five
hundred and two billion rupiah) on 14th November 2008;
- that further Bank Indonesia requested again the Defendant,
RAFAT ALI RISVI, HESHAM AL WARRAQ through Board of Directors
of PT. BANK CENTURY, Tbk, and on 16th November 2008 in Bank
Indonesia office, the Defendant and RAFAT ALI RISVI issued
again a letter of commitments containing as follows:
a. Transferring PT. BANK CENTURY, Tbk,’s securities to
custody bank in Indonesia in favor of PT. BANK CENTURY,
Tbk, including US Treasury Notes amounting to US$ 41
million (forty one million United States Dollar) stored
in Dresdener Swiss Bank.-
b. Returning the proceeds of securities due date and
negotiable Certificate of Deposit (NCDs) from West LB
231
amounting to US$ 16 million (sixteen million United
States Dollar);
c. Promising to carry out all commitments of First Gulf
Asia Holding Limited (FGA) and Outlook Investment Plc
(that are directly or indirectly owned, controlled and
operated by RAFAT ALI RISVI and PT. Century mega
Investindo (CMI) (that are directly or indirectly owned,
controlled and operated by ROBERT TANTULAR) as set forth
the commitments of the persons concerned in the Letter
of Commitment dated 15th October 2008;
d. Transferring all shares of bank belonging to FGH
amounting to 32% and CMI amounting to 38% to a custody
in Indoensia;
e. They will not pledge securities and NCD belonging to PT.
BANK CENTURY, Tbk, to another party whatsoever for their
personal interests;
f. Given that after signing the Letter of Commitment dated
16th November 2008, ROBERT TANTULAR, RAFAT ALI RISVI
still failed to fulfill their promises according to the
Letter of Commitment dated 16th November 2008, Bank
Indonesia provided additional Short Term Funding
Facility (FPJP) amounting to Rp. 187 Billion (one
hundred eighty seven billion rupiah) on 18th November
2008. Due to the fact that the liquidity level of Bank
century in fulfilling its obligations to the public
tended to decrease, then on 21st November 2008, the
232
management process of PT. BANK CENTURY, Tbk, was
delivered to LPS (Lembaga Penjamin Simpanan);
- That the reasons for the issue of the Letter of Commitment
were as follows:
a. Based on the result of supervision by Bank Indonesia, it
was found that Bank Century has securities amounting to
US$ 203.4 billion issued by 11 issuing companies in
overseas that initially were purchased through
Controlling Shareholders (PT. Cinkara Capital / Rafat
Ali Risvi). Based on evaluation result conducted by Bank
Indonesia, such securities have no rating so that as per
the regulations of Bank Indonesia concerning Quality of
Product Assets, such securities were deemed Bad
Securities as they contain high level of risk.
Therefore, Bank Indonesia requested that the Controlling
Shareholders (PSP) of the bank to immediately settle
such securities in cash basis;
b. PSP established company Telltop Holding Ltd domiciled at
2nd Floor, Abbott Building, Road Town, Tortola British
Virgin island, which would manage and settle the
securities in question, by which Telltop Holding Company
would provide Security Deposit to the bank amounting to
US$ 220 Million placed in Dresdner Bank (Switzerland)
Zurich in account of Telltop Holding Ltd for the
interest of Bank Century as pledge deposit as referred
to in Asset Management Agreement (AMA) dated 17th
233
February 2006 between Bank Century signed by the Board
of Commissioners and Directors of Tilltop Holding Ltd.;
c. On 15th October, the Bank Supervisory Directorate I (DPB 1)
of Bank Indonesia summoned and requested shareholders of
PT. BANK CENTURY, Tbk, (Defendant, HESHAM AL WARRAQ and
RAFAT ALI RIZVI) to settle the securities of the Bank
amounting to US$ 56 Million due to the fact that the
Bank was in bad condition and even failed to comply with
the Minimum Mandatory Giro (GWM) and the Bank failed to
fulfill its obligations to the Customers. For that
purpose, PSP prepared a Letter of Commitment dated 15th
October 2008 on willingness to pay all Securities that
either already due date or will due date to the Bank,
but this commitment was in fact not fulfilled to the Bank;
d. On 30th October 2008 and 3rd November 2008, there have
been matured Securities issued by Banca Populare Milano,
Ldn amounting to US$ 11 million and the National
Australia Bank amounting to US$ 45 million not paid to
the Bank. The Bank also failed to disburse the security
deposit pledged by Tilltop Holding Ltd as a guarantee of
the securities if they cannot paid to the Bank;
e. The Short Term Funding facility provided by Bank
Indonesia was aimed at addressing liquidity difficulty
of the Bank which cannot be coped with by the Bank and
shareholders amounting to Rp. 689 billion (on 14th
November 2008 amounting to Rp. 187 billion);
234
f. Bank Indonesia summoned again and requested the
shareholders to immediately settle the securities and
the shareholders issued again a Letter of Commitment on
16th November 2008 including will render assets of the
Bank existing in overseas;
g. Up to now, the Bank’s shareholders still failed to settle
such securities as their commitment set forth in the Letter
of Commitment dated 15th October 2008 and 16th November 2008.
h. That, the said Letter of Commitment dated 15th October
2008 and 16th November 2008 were prepared by Bank
Supervisory Directorate I based on the meeting result.
The draft letter of commitment were then submitted to
the Defendant, RAFAT ALI RIZVI, HESHAM AL WARRAQ for
their review if they do not agree to anything contained
thereof. After being reviewed, corrected and approved by
the Defendant, RAFAT ALI RIZVI, and HESHAM AL WARRAQ,
the same was signed by the persons concerned;
- that, until now, the Securities issued by issuing company in
overseas and purchased by Bank Century but transferred to /
controlled by FGAH (First Gulf Asia Holding Limited) are as
follows:
i. Securities issued by the National Australia Bank in a
worth of US$ 15,000,000.- (fifteen million United
States Dollar) and US$ 30,000,000.- (Thirty million
United States Dollar) with maturity date of 3rd
235
November 2008 respectively, which currently are under
the control of FGAH Custody in Bahamas;
ii. Securities issued by Nomura Bank Int’l Plc in a worth
of US$ 10,000,000.- (ten million United States Dollar)
and US$ 1,000,000.- (one million United States Dollar)
with maturity date of 9th December 2008 respectively,
which currently are under the control of FGAH Custody
in Bahamas;
iii. Securities issued by Lehman Brothers Bankhaus, Ldn, in
a worth of US$ 8,000,000.- (eight million United States
Dollar) with maturity date of 25th April 2014, which
currently under the control of FGAH Custody in Bahamas;
iv. Securities in the form of US Treasury Bonds in worth of
US$ 7,400,000.- (seven million four hundred thousand
United States Dollar) and US$ 13,360,000.- (thirteen
million three hundred and sixty thousand United States
Dollar) with maturity date of 15th August 2011
respectively, which currently are under the control of
FGAH Custody in Bahamas;
v. Securities in the form of Interest Strips in worth of
US$ 2,520,000.- (two million five hundred twenty
thousand United States Dollar with maturity date of
15th August 2011 respectively, which currently are
under the control of FGAH Custody in Bahamas;
- There have been 8 (eight) securities of PT. BANK CENTURY,
Tbk, currently under the control of FGAH (First Gulf Asia
236
Holding) in the value of US$ 87,280,000.- (eighty seven two
hundred eighty thousand United States Dollar);
- that, in addition to the 8 (eight) Securities above-
mentioned, there is also a securities of PT. BANK CENTURY,
Tbk, issued by Banca Populare Milano, Ldn in a worth of US$
11 million (eleven million United States Dollar due date on
30th October 2008, which is currently still unpaid by Bank;
- that, based on audit result conducted by Bank Indonesia over
PT. BANK CENTURY, Tbk, as per 31st March 2006, it was found
that on October 2005, most Foreign Exchange Securities (US$
50,000,000.- (Fifty million United States Dollar) have been
transferred by PT. BANK CENTURY, Tbk, to FGAH (First Gulf
Asia Holding);
- that according to the Board of Directors of PT. BANK
CENTURY, Tbk, such transfer of securities was done due to a
request from PT. BANK CENTURY, Tbk, to FGAH (First Gulf Asia
Holding) to sell such Foreign Exchange Securities;
- that, based on data from Bank Indonesia, the composition of
the Board of Directors of PT. BANK CENTURY, Tbk, in October
2005 was as follows: HERMANUS HASAN MUSLIM (President
Director) and HAMIDY as Vice-President Director, LAURENCE
KUSUMA (Treasury & International Director), EDWARD MANDAHAR
SITUMORANG (Compliance Director);
- that, based on audit conducted by Bank Indonesia against PT.
BANK CENTURY, Tbk, as per 31 March 2006, some Foreign
Exchange Securities of PT. BANK CENTURY, Tbk, in the value
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of US$ 139,72 million (one hundred thirty nine seven hundred
twenty thousand United States Dollar) are still under the
control of FGAH (First Gulf Asia Holding) who has no
custodian license so that it does not meet the prudential
principles and PT. BANK CENTURY, Tbk, is facing risk of loss
if FGAH (First Gulf Asia Holding) does not return such
Foreign Exchange Securities to PT. BANK CENTURY, Tbk, due to
the fact that the custody is not supported by an agreement;
- that, given the control of PT. BANK CENTURY, Tbk,’s
securities by FGAH (First Gulf Asia Holding), PT. BANK
CENTURY, Tbk, potentially faces loss as it cannot sell such
securities. In addition the 8 (eight) foreign exchange
securities have no rating (unless US Treasury Bonds and
Interest Strips), which potentially results in bad-
performance according to the Bank Indonesia regulation
number 7/2/PBI/2005 dated 20th January 2005 so that Bank
Indonesia encourages shareholders and management board of
PT. BANK CENTURY, Tbk, to settle/disburse such securities
and to save its proceeds in the account of Bank Century;
- that, paragraph (2) point (a) article 14 of the Bank
Indonesia Regulation (PBI) Number 7/2/PBI/2005 states:
Any securities categorized as sound if:
a. It has investment rating or higher;
b. Coupon or other similar liabilities are paid in correct
amount and time as per the agreement;
c. Still in force
238
Today, there are some securities owned by Bank Century,
they are:
a. Securities issued by Banca Populare Milano, Ldn
amounting to US$ 11 Million Without Rating and has
been due date on 30th October 2008;
b. Securities issued by National Australia Bank in value
of US$ 15,000,000.- (fifteen million United States
Dollar) and US$ 30,000,000,000.- (thirty million
United States Dollar Without Rating and have been
fallen due on 3rd November 2008 respectively, which
are now under the custody of FGAH in Bahamas;
c. Securities issued by Nomura Bank Int’s Plc in value
of US$ 10,000,000.- (ten million United States
Dollar) and US$ 1,000,000.- (one million United
States Dollar) having no rating, which are currently
under the custody of FGAH in Bahamas.
Securities issued by Lehman Brothers Bankhaus Ldn, in
a worth of US$ 8,000,000.- (eight million United
States Dollar) having no rating, which is currently
under the custody of FGAH in Bahamas;
According to the paragraph (2) point (a) article 14 of
the Bank Indonesia Regulation (PBI) Number 7/2/PBI/2005,
such securities are categorized as bad securities;
The basis on which such securities have no rating is
data/information from Bloomberg (Information Provider
239
Institution) including information on securities
traded in international markets);
- that, Article 4 A paragraph (1) letter a of the Bank
Indonesia Regulation Number: 10/25/PBI/2008 on Amendment to
Bank Indonesia regulation Number: 10/19/PBI/2008 on Minimum
Mandatory Check/Giro (GWM) in Bank Indonesia for General
Banks in either rupiah or foreign currency, states that:
“Fulfillment of GWM (Minimum Mandatory Check/Giro) in rupiah
currency shall be 5% (five percent) of the Total Third Party
Fund (DPK) in rupiah currency;
- That the warning letters already submitted by Bank Indonesia
to PT. BANK CENTURY, Tbk, are as follows:
1. Bank Indonesia Letter number 7/121/DPwB11/Rahasia dated
22nd December 2005 on Commitment to sell Foreign Exchange
Securities, requesting the controlling shareholders of
Bank Century (HESHAM AL WARRAQ and RAFAT ALI RIZVI),
submitted via Bank century, to immediately fulfill their
commitment promised when a meeting dated 3rd and 4th
October 2005 to sell the Foreign Exchange Securities not
later than 31st December 2005;
2. Bank Indonesia Letter number 8/9/DPB1 dated 4th April
2006 on Commitment of settlement of Foreign Exchange
Securities of Bank century, requesting the controlling
shareholders of Bank Century (HESHAM AL WARRAQ and RAFAT
ALI RIZVI), submitted via Bank century, to immediately
240
return the US Treasury Strip amounting to US$ 70 million
to Century Bank not later than 7th April 2006;
3. Bank Indonesia Letter number 8/63/DPB1/Confidential
dated 7th June 2006 on Commitment of returning of US
Treasury Note, Interbank CD and Capital Increase of Bank
Century, submitted via Bank century, requesting the
controlling shareholders of Bank Century (HESHAM AL
WARRAQ and RAFAT ALI RIZVI) to return the US Treasury
Strip amounting to US$ 20.36 million (twenty million
three hundred sixty thousand United States Dollar) and
US$ 4.32 million (four million three hundred twenty
thousand United States Dollar) to Century Bank;
4. Bank Indonesia Letter number 10/57/DPB1/Rahasia dated
18th March 2008 on Bank Century Liquidity Condition,
addressed to Board of Directors of PT. BANK CENTURY, Tbk,
requesting the Board of Directors to take risk mitigation
measures in order to prevent from liquidity problem;
14th April 2008 on settlement of Bank Century issues,
addressed to the Board of Directors of PT. BANK CENTURY,
Tbk, requesting PSP and Foreign Exchange Securities
issuer to settle the securities of Bank Century;
17th June 2008 on settlement of Bank Century issues,
addressed to the Board of Directors of PT. BANK CENTURY,
Tbk, confirming the Board of Directors to take measures
241
including encouraging the controlling shareholder and
RAFAT ALI RISVI to return all Foreign Exchange
Securities of Bank Century that are still under the
custody of FGAH and requesting the controlling
shareholder and RAFAT ALI RIZVI to pay all bad foreign
exchange securities of Bank Century;
7. Bank Indonesia Letter to PSP (Controlling Shareholder)
submitted via Bank century number 10/152/DPB1/Confidential
dated 6th August 2008 on Securities in worth of US$ 106
Million (one hundred six million United States Dollar)
due date in 2008 and of US$ 87 million (eighty seven
million United States Dollar) under the control of FGAH;
8. Bank Indonesia Letter to PSP (Controlling Shareholder)
submitted via Bank century number 10/163/DPB1/Confidential
dated 15th September 2008 on settlement of Bank Century’s
foreign exchange securities and assets issues. The
letter contains a request of Bank Indonesia to PSP to
pay in cash Bank Century for the foreign exchange
securities amounting to US$ 106 million (one hundred six
million United States Dollar). Bank Indonesia Letter to
the Board of Directors of Bank Century number
10/169/DPB1/Rahasia dated 23rd September 2008 on
Settlement of issues on Foreign Exchange Securities and
liquidity of Bank century, requesting the Board of
Directors to urge the controlling shareholder and RAFAT
ALI RIZVI to settle the Foreign Exchange Securities in
242
worth of US$ 106 million (one hundred six million United
States Dollar) due date in 2008 and to urge the
controlling shareholder and RAFAT ALI RIZVI to return
the Foreign Exchange Securities of Bank Century in worth
of US$ 87.28 million (eighty seven million two hundred
eighty thousand United States Dollar);
9. Bank Indonesia Letter to the Board of Directors of Bank
Century number 10/171/DPB1/Rahasia dated 26th September
2008 on Liquidity and Vulnerability of Bank Century,
requesting the Board of Directors to recover liquidity
and vulnerability of PT. BANK CENTURY, Tbk, by
immediately settling the foreign exchange securities due
date on 30th September 2008 in worth of US$ 23 million
(twenty three million United States Dollar) and Fourth
Trimester of 2008 amounting to US$ 83 million (eighty
three million United States Dollar);
Century number 10/175/DPB1/Rahasia dated 14th October
2008 on Liquidity of Bank Century, requesting the Board
of Directors to take measures of urging shareholders to
pay the foreign exchange securities due date on 30th
September 2008 in worth of US$ 11 million (eleven
million United States Dollar) and 3rd November 2008 in
worth of US$ 45 million (forty five million United
States Dollar) as well as to urge the controlling
shareholder to return the securities in worth of US$
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87.28 million (eighty seven million two hundred eighty
thousand United States Dollar);
Century number 10/181/DPB1/Rahasia dated 28th October
2008 on Minimum Mandatory Giro of Bank Century,
requesting the Board of Directors to urge HESYAM AL
WARRAQ (controlling shareholder), RIFAT ALI RIZVI and
the Defendant to immediately settle the foreign exchange
securities in worth of US$ 188.40 million one hundred
eighty eight million four hundred United States Dollar);
12. Bank Indonesia Letter to HESYAM AL WARRAQ / Controlling
Shareholder, RAFAT ALI RIZVI and ROBERT TANTULAR number
10/185/DPB1/Rahasia dated 29th October 2008 on Bank
Century Liquidity Issue, requesting them to comply with
their commitment to pay in cash all securities due date
on 30 October 2008 in worth of US$ 11 million (eleven million
United States Dollar) and on 3rd November 2008 in worth
of US$ 11 million (eleven million United States Dollar);
Century number 10/537/DPB1/Rahasia dated 4th November
2008 on Bank Century’s US Treasury Strip, urging the
shareholders to settle the foreign exchange securities
due date on 30th October 2008 in worth of US$ 11 million
(eleven million United States Dollar) and on 3rd November
2008 in worth of US$ 45 million (forty five million
United States Dollar) and to return Bank Century’s
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foreign exchange securities under the custody of FGAH
amounting to US$ 15.88 million (fifteen million eight
hundred eight thousand United States Dollar);
- that in 2003 bad securities were found in value of around
US$ 240 million which were settled when Bank Century was
still CIC Bank merged from three (3) banks consisting of CIC
Bank, Pikko Bank and Danpac bank and after the merger, Bank
Century was audited again and bad securities were also
found;
- that, given the securities of Bank Century do not meet the
regulation of Bank Indonesia regulation, they are
categorized as bad securities;
- that, on 3rd October 2005, Bank Indonesia summoned
shareholders, Board of Directors and Board of Commissioners
of Bank Century to settle such non-performance securities by
way of selling them in cash;
- But in fact, on 17th October 2005, such securities were not
sold, but they were made as a collateral by HERMANUS HASAN
MUSLIM AND LAURENCE KUSUMA to FGAH for obtaining a one-year
term credit facility amounting to US$ 40,000,000.- from ABN
AMRO BANK Dubai;
- that, the securities made as collateral by the defendant to
FGAH are as follows:
1. National Australia Bank Limited London CD’S Linked Notes
in worth of US$ 30,000,000.- due date on 3rd November 2008;
245
2. Nomura Bank International PLC CD”S Linked Notes in worth
of US$ 10,000,000.,- due date on 9th December 2008;
3. Westdeutsche LB AG London CD”S Linked Notes in worth of
US$ 10,000,000.,- due date on 26th February 2009;
- that the loan amounting to US$ 40,000,000.- with collateral
of securities in a total value of US$ 50,000,000.- has never
been paid by FGAH (HESHAM TALAAT MOHAMMED BESHEER AL WARRAQ
alias HESHAM and RAFAT ALI RIZVI to Bank century and such
Certificate of deposit has never been returned to Bank Century;
- that, the securities in value of US$ 50,000,000.- made as a
collateral in question were delivered to FGAH with the
following letters:
• Letter No. TSY-058/X/05 dated 19th October 2005 addressed
to Bank Niaga on Transfer of Securities national
Australia Bank Limited London CD’s Linked Notes in value
of US$ 30,000,000.- due date on 03rd November 2008;
to Bank Niaga on Transfer of Securities Nomura Bank
International CD’s Linked Notes in value of US$
10,000,000.- due date on 09th December 2008;
to Bank Niaga on Transfer of Securities Westdeutsche LB
AG London CD’s Linked Notes in value of US$ 10,000,000.-
due date on 26th February 2009;
246
- that, after experiencing several failures of transaction in
which shareholders of FGAH fails to pay Bank Century
amounting to US$ 40,000,000.- for Securities in total worth
of US$ 50,000,000.- made as collateral, then an Asset
Management Agreement (AMA) was prepared on 17th February
2006 between Bank Century and Telltop Holding Ltd (an
affiliate of FGAH appointed by it to provide fund amounting
to US$ 220,000,000.- in Dressner Bank (Switzerland);
- that the Asset Management Agreement (AMA) signed by the
defendant HERMANUS HASAN MUSLIM (President Director),
LAURENCE KUSUMA, HAMIDY, EDWARD M.SITUMORANG, SULAIMAN AB,
RUSLI PRAKARSA, POERWANTO KAMSJADI, ANWARY S was failure to
be implemented and Telltop holding failed to fulfill the
request of Bank Century to provide fund amounting to US$
220,000,000.-;
- that, on 21st March 2006 the defendant HERMANUS HASAN MUSLIM
together with the Board of Commissioners an Board of Directors
has agreed upon the sale of the securities in the form of
National Australia Bank London CD’s Notes in worth of US$
15,000,000.- (fifteen million United States Dollar) to
custodian Total Plus Investment Ltd in ABN AMRO Bank NV Dubai;
- that, the delivery of the securities was made through Clear
Stream A?C 81780 whose Letter of Transfer was signed by the
witness LAURENCE KUSUMA and DJOKO H. INDRA. Such delivery
was carried out according to instruction of Founder
Shareholder RAFAT ALI RISVI;
247
- that, in fact after the securities were sent, no payment was
made by the controlling shareholder RAFAT ALI RISVI to PT.
BANK CENTURY, Tbk, for such securities value;
- that on 15th October 2008, the Banks Supervisory Directorate
I (DPB I) of Bank Indonesia summoned and requested the
shareholder (ROBERT TANTULAR) to settle the Securities to
such Bank as the bank was in deteriorating liquidation and
even breaching to the Minimum Mandatory Giro (GWM) and the
Bank was unable to fulfill its obligations to the customers;
- that, the Controlling Shareholders prepared a Letter of
Commitment dated 15th October 2008 containing his
willingness to pay the securities either those securities
already due date or will due date to the Bank, but in fact,
the Shareholder failed to realize its commitment of paying
to the Bank;
- That, according to the paragraph (2) point (a) article 14 of
- that the Asset Management Agreement (AMA) signed by the
LAURENCE KUSUMA, HAMIDY, EDWARD M.SITUMORANG, SULAIMAN AB,
RUSLI PRAKARSA, POERWANTO KAMSJADI, ANWARY S was failure to
be implemented and Telltop holding failed to fulfill the
request of Bank Century to provide fund amounting to US$
220,000,000.-;
248
- that, on 21st March 2006 the defendant HERMANUS HASAN MUSLIM
together with the Board of Commissioners an Board of
Directors has agreed upon the sale of the securities in the
form of National Australia Bank London CD’s Notes in worth
of US$ 15,000,000.- (fifteen million United States Dollar)
to custodian Total Plus Investment Ltd in ABN AMRO Bank NV
Dubai;
- that, the delivery of the securities was made through Clear
Stream A?C 81780 whose Letter of Transfer was signed by the
witness LAURENCE KUSUMA and DJOKO H. INDRA. Such delivery
was carried out according to instruction of Founder
Shareholder RAFAT ALI RISVI;
- that, in fact after the securities were sent, no payment was
made by the controlling shareholder RAFAT ALI RISVI to PT.
BANK CENTURY, Tbk, for such securities value;
- that on 15th October 2008, the Banks Supervisory Directorate
I (DPB I) of Bank Indonesia summoned and requested the
shareholder (ROBERT TANTULAR) to settle the Securities to
such Bank as the bank was in deteriorating liquidation and
even breaching to the Minimum Mandatory Giro (GWM) and the
Bank was unable to fulfill its obligations to the customers;
- that, the Controlling Shareholders prepared a Letter of
Commitment dated 15th October 2008 containing his
willingness to pay the securities either those securities
already due date or will due date to the Bank, but in fact,
249
the Shareholder failed to realize its commitment of paying
to the Bank;
- That, according to the paragraph (2) point (a) article 14 of
- that, based on data/information obtained from Bloomberg
(Information Provider Agency, including those information on
securities traded in international markets), such securities
above-mentioned have no rating;
- that, Article 4 A paragraph (1) letter a of the Bank
Indonesia Regulation Number: 10/25/PBI/2008 on Amendment to
Bank Indonesia regulation Number: 10/19/PBI/2008 on Minimum
Mandatory Check/Giro (GWM) in Bank Indonesia for General
Banks in either rupiah or foreign currency, states that:
“Fulfillment of GWM (Minimum Mandatory Check/Giro) in rupiah
currency shall be 5% (five percent) of the Total Third Party
Fund (DPK) in rupiah currency;
- That as Bank Century’s assets were in the form of securities
that have been due date and could not be disbursed, it makes
Bank Century to be unable to fulfill its obligations to
customers and the required Minimum Mandatory Giro (GWM) of
Bank century in BI and breached to Bank Indonesia Regulation
No. 10/25/PBI/2008 on Amendment to Bank Indonesia Regulation
No. 10/19/PBI/2008 on Minimum Mandatory Giro for General
Banks in Bank Indonesia;
250
- that, upon an agreement was made, the Board of Directors of
Bank century failed to implement it;
- that, according to the Board of Directors, such securities
have no rating so that the same were difficult for sale and
their sale in cash could not be realized;
- that, such securities on 18th October 2005 in worth of 50
million were transferred to FGH. This FGH was shareholder of
Bank Century and on March 2005 the same were also
transferred to FGH in worth of 15 billion;
- that, as from the due date, such securities have not been
returned up to now;
- that, Bank Indonesia in fact requested several times to
shareholders or Board of Directors of PT. BANK CENTURY, Tbk,
to return the securities to PT. BANK CENTURY, Tbk, if they
cannot be sold. Now the securities have been due date and
resulted in loss of the Bank;
- that, initially the cash amounting to Rp. 40 billion was
delivered to PT. Pro Capital in December 2005 for purchasing
sound bond, but in fact such bond purchase was cancelled and
become fixed fund placement and such placed fund become the
problem and not received by Bank and there ware a lending to
Accent amounting to Rp. 60 billion in 2008 which lending was
made without taking into account principles of landing and
prudential principles and now, such loan was still unpaid
and also there was a lending to PT. WIBOWO WADFAH REJEKI
amounting to Rp. 121 billion which is not repaid up to now
251
as such lending was made without taking into account lending
principles and there was also a lending to PT. Signature
previously called Pro Capital amounting to Rp. 97 billion
which is also bad loan;
- that, based on the audit result conducted by Bank Indonesia,
such credits were generally given without credit analysis
and unknown capability of the debtor in paying the loan,
which in fact that such credits become non-performance
loans;
above-mentioned, the defendant files his objections;
The fifteenth witness: Zainal Abidin, who, in a court proceedings
- that, the witness does not know the defendant and has no
- that, the witness had once been audited in term of LOC the
content of which is to request for willingness of
shareholders to immediately sell their securities in order
to fulfill the liquidity of Bank Century;
- that the securities were found to be bad from the auditor’s
audit result;
- that such LOC among other requested the shareholders to
immediately disburse such bad securities;
252
- that there was a letter from BI requesting for sale of some
of such securities, but such request was not fulfilled
instead of delivering such securities to shareholders;
- that AMA (Asset Management Agreement) was an agreement for
management of assets covering the securities;
- that the problem of ASPA was also one of reasons of the
preparation of LOC where the main reason is the liquidity of
Bank Century;
- that the chase and disease order are a letter issued by BI
to a bank deemed experiencing serious problem where the bank
is prohibited to do something;
- that, as per 30 September 2008, the shareholders of PT. BANK
CENTURY, Tbk, are as follows:
• Cleartream Banking S.A Luxemburg in total of 11.15%;
• First Gulf Asia Holding Limited in total of 9.55% (100%
was controlled by HASAN AL WARAQ)
• PT. Century Mega Investindo amounting to 9.00% (100% was
controlled by ROBERT TANTULAR)
• PT. Antaboga Deltas Sekuritas amounting to 9.00%
(controlled by ROBERT TANTULAR);
• PT. Century Super Investindo amounting to 5.64%
(controlled by ROBERT TANTULAR family) Public = 55.87%;
- that the main shareholders were RAFAT ALI RIZVI and ROBERT
TANTULAR (70%);
253
- that, based on the ongoing audit by Bank Indonesia, it is
known that the Defendant controlled the activities of PT.
BANK CENTURY, Tbk, so that results in harm of the bank
(among others, L/C Customer amounting to US$ 178 million,
unsound lending amounting to Rp. 362,000,000,000.- (three
hundred sixty two billion rupiah), and corruption of Foreign
Exchange fund amounting US$ 18,000,000 (eighteen million
United States Dollar);
- that, the value of assets of PT. BANK CENTURY, Tbk, was Rp.
15 T while its liability was around Rp. 9 – 12 trillion;
- that, in formal and based on BI records, the controlling
shareholder of PT. BANK CENTURY, Tbk, was Hesham;
- that, principally, according to LoC, the responsible person
was the main shareholder;
- that according to the witness which did not done by the
Defendant was LoC dated 15 October 2008 and 16 November 2008
and breaching to Banking Laws;
- that LoC dated 16 November 2008 was only signed by RAFAT and
the defendant as those persons attending in the meeting;
- that, the witness does not know what the reasons BI reported
the Defendant to the Police;
Considering, that in response to the witness’ clarification,
the defendant declared as follows:
a. It is untrue that LoC was made by us, instead of by BI;
254
b. On 16th November on Monday, the Defendant and Rafat
ontained new investor, namely Sinar Mas group and we
directly reported it to BI and acknowledged by Governor
Deputy of BI Mrs. Fajriah and the Witness;
c. The securities were controlled by Rafat;
The sixteenth witness: Ahmad Berlian, who, in the court
proceedings and under an oath, principally clarified as
follows:
- that, the witness was appointed as auditor since November
2008 to February 2009;
- that on the audit, witness bad lending to WWR and AII;
- that the bad lending was due to the absence of analysis of
the lending;
- that AII was a fictive debtor as it has no staffs, if any,
they are staffs of KUO Capital;
- that, pre-disbursement means disbursement prior to analysis;
Considering, that in response to the witness clarification,
the defendant said don’t know;
The seventeenth witness: PAHLA SANTOSA, who, in the court
follows:
- that, the witness doesn’t know the Defendant and has no a
family relationship with the him;
255
- that, BANK CENTURY since 21st November 2008 its management
was taken over by Lembaga Penjamin Simpanan (LPS);
- that, on 15th October 2008, the defendant together with 2
(two) shareholders of the bank, namely HESHAM AL WARRAQ and
RAFAT ALI RIZVI prepared a Letter of Commitment containing
their agreement to pay the Bank Century’s securities payable
on;
1) 30th October 2008 amounting to US$ 11 million;
2) 3rd November 2008 amounting to US$ 45 million;
3) 9th December 2008 amounting to US$ 27 million;
4) Late February 2009 amounting to US$ 40.4 million;
But in fact, the bonds/securities payable on 30th October
2008 and 3rd November 2008 in total of US$ 56 million
were also not paid by the Defendant, Hesham Al Warraq
and Rafat Ali Risvi. As the consequence, PT. BANK
CENTURY, Tbk, was unable to meet its obligations to its
customers, thereby Bank Indonesia provided Short Term
Funding Facility to PT. BANK CENTURY, Tbk, in total of
Rp. 689,000,000,000 (six hundred eighty nine billion
rupiah) on 14th and 18th November 2008. After that on 21st
November 2008, the PT. BANK CENTURY, Tbk, was handed
over to Lembaga Penjamin Simpanan (LPS);
Bank Indonesia has several times called the Defendant
via the Board of Directors of PT. BANK CENTURY, Tbk,
and, on 16th November 2008 the Defendant and Rafat Ali
256
Rizvi made a letter of commitment stating that they
agree to immediately pay the bonds/securities payable;
- that, the letter of commitment dated 15th October 2008 was
prepared by the Banking Supervisory Directorate I of Bank
Indonesia which later was reviewed and corrected by the
Defendant, HESHAM AL WARRAQ and RAFAT ALI RIZVI. Now, such
letter of commitment dated 15th October 2008 was stored in
Bank Indonesia;
- that, the request of Bank Indonesia to Defendant, HESHAM AL
WARRAQ and RAFAT ALI RISVI to prepare such letter of
commitment dated 15th October 2008 was due to the fact that
the persons concerned were shareholders having responsibility
to the foreign exchange securities of Bank Century;
In addition, HESHAM AL WARRAG was the owner of FGAH in
Bahamas, where the Bank Century’s foreign exchange bonds are
under the custody. HESHAM AL WARRAQ was also a controlling
shareholder of bank Century. The securities that the witness
said are as follows:
1) Bond/Securities issued by Banca Populare Milano Ldn in
worth of US$ 11,000,000.- (eleven million United States
Dollar) payable on 30th October 2008, which is currently
under the custody of Citibank;
2) Bond issued by national Australia Bank in worth of US$
45,000,000.- (forty five million United States Dollar)
payable on 3rd November 2008, which is currently under
the custody of FGAH in Bahamas;
257
3) Bond issued by Nomura Bank Int’l Plc in worth of US$
27,000,000.- (twenty seven million United States Dollar)
payable on 9th December 2008, which is currently under
the custody of Citibank;
4) Bond issued by JP.Morgan Luxemburg Bank S.A. in worth of
US$ 25,000,000.- (twenty five million United States
Dollar) payable on 1st December 2014, which is currently
under the custody of Citibank;
5) Bond issued by Lehman Brothers bankhaus Ldn, in worth of
US$ 8,000,000.- (eight million United States Dollar)
payable on 25th April 2014, which is currently under the
custody of FGAH in Bahamas;
6) Bond issued by US Treasury Bonds in worth of US$
20,760,000.- (twenty million seven hundred sixty thousand
United States Dollar) payable on 15th August 2011, which
is currently under the custody of FGAH in Bahamas;
7) Bond in the form of Interest Strips in worth of US$
2,520,000.- (two million five hundred twenty thousand
United States Dollar) payable on 15th August 2011, which
is currently under the custody of FGAH in Bahamas;
8) Bond issued by US Treasury Bonds, in worth of US$
41,000,000.- (fourty one million United States Dollar)
payable on 15th August 2011, which is currently under the
custody of Dresdner, Swiss;
- that, the PT. BANK CENTURY, Tbk,’s obligation is to collect
the issuers of the bonds as if the issuers fail to pay it,
258
Bank Century would suffer from loss. If such condition so
occurs, Bank Indonesia deems that such bonds become non-
performance bonds and Bank Century must establish an Asset
Write Off Allowance resulting in Bank Century’s loss, which
finally reducing Bank Century’s assets amounting to such
bonds value. As the follow up, shareholders of Bank Century
must increase its capital. Similarly for those bonds not yet
payable, if they are not paid in the future, they would be
categorized as bad bonds;
- that, the agreement of Bank Indonesia dated 26th October
2005 was in accordance with the robs. HERMANUS HASAN MUSLIM
was appointed as President Director on 30th June 2005;
- that, according to the prevailing regulation, Bank Indonesia
conducted an evaluation over this bank and it is found that
the condition of this bank still could be recovered, so that
the bank was declared as failed bank. After being declared
as a failed bank, such decision was raised to KSSK, to be
determined whether such failure is centific failure or not.
KSSK decided that the failed bank is categorized as centific
failure so that the bank needs to be rescued by LPS;
above-mentioned, the witness justified;
The eighteenth witness: ZAINAL ABIDIN, who, in the court
follows:
259
- that the witness does not know the Defendant and has no a
- that, the witness had once been investigated in respect of
LOC, the content of which was to request shareholders for
their agreement to sell their bonds for the interest of
liquidity of PT. BANK CENTURY, Tbk,
- that the witness knows that such bonds are bad bonds from
audit result;
- that LOC also requested shareholders to immediately disburse
the bad bonds;
- that, in respect of the agreement in the LOC, the witness
was involved once and for the first time;
- that, the witness just attended in the meeting;
- that, there was a letter from BI requesting that some of the
securities should be sold, but such request was not
implemented by the shareholders, but they were delivered to
shareholders;
- that Report I already received sometime ago;
- that, AMA (Asset Management Agreement) was an agreement of
assets management the content of which is set forth in the
bonds;
- that, the agreement the witness read out was Asset Flat
Agreement where PT. BANK CENTURY, Tbk, and Gulfua Furst
Holding;
260
- that, the ASPA problem was also one of reasons of the
issuance of LOC where liquidity problem of Bank Century was
the main reason;
- that, chase and disease order is a letter issued by BI to a
bank suffering from serious problem where such bank is
prohibited to do something;
- that, as per 30 September 2008, the shareholders of PT. BANK
CENTURY, Tbk, are as follows:
Cleartream Banking S.A Luxemburg in total of 11.15%;
• First Gulf Asia Holding Limited in total of 9.55% (100%
was controlled by HASAN AL WARAQ)
• PT. Century Mega Investindo amounting to 9.00% (100% was
controlled by ROBERT TANTULAR)
• PT. Antaboga Deltas Sekuritas amounting to 9.00%
(controlled by ROBERT TANTULAR);
• PT. Century Super Investindo amounting to 5.64%
(controlled by ROBERT TANTULAR family) Public = 55.87%;
- that the main shareholders were RAFAT ALI RIZVI and ROBERT
TANTULAR (70%);
- that, based on the ongoing audit by Bank Indonesia, it is
found that the Defendant controlled the activities of PT.
BANK CENTURY, Tbk, thereby resulting in loss on the bank
(among others, L/C Customer amounting to US$ 178 million,
unsound lending amounting to Rp. 362,000,000,000.- (three
hundred sixty two billion rupiah), and corruption of Foreign
261
Exchange fund amounting US$ 18,000,000 (eighteen million
- that general audit result of PT. BANK CENTURY, Tbk, on 28th
February 2005;
- that general audit result of PT. BANK CENTURY, Tbk, on 31st
March 2007;
That, in response to the witness’s clarification, the
defendant justified;
The nineteenth witness: PURWANTO, who, in a court proceedings,
principally clarified as follows:
- that, the witness does not know the defendant and has no a
- that Bank Indonesia’ authority in function to General Banks
in Indonesia is to control banking activities as per the
regulation stipulated by Bank Indonesia and Bank Century has
license as Bank;
- that, PT. BANK CENTURY, Tbk, suffered from liquidity problem
since the middle of October 2008 so that in the mid of
November 2008 the bank was unable to settle its obligations
to the customers. The problem occurred due to failure of the
Defendant (shareholder), HESHAM AL WARRAQ (shareholder and
vice-president commissioner), and RAFAT ALI RIZVI
(shareholder) in settling the bonds payable according to the
letter of commitment dated 15th October 2008 resulting in
inability of the bank in fulfilling its obligations to the
262
customers and currently the bank has been taken over by
Lembaga Penjamin Simpanan (LPS);
- that, it can be clarified by the witness that the
bonds/securities already payable and unpaid are as follows:
1. Bond payable on 30 October 2008 in a value of US$ 11 million;
2. Bond payable on 3rd November 2008 in a value of US$ 454 million;
- that those persons guarantying or issuing commitment that on
the payable date will settle or pay the bond in worth of US$
11 million payable on 30 October 2008 and the bond in worth
of US$ 45 million payable on 3rd November 2008 to Bank
Century were the Defendant (shareholder), HESHAM AL WARRAQ
(shareholder and vice-president commissioner), and RAFAT ALI
RIZVI (shareholder) as per the Letter of Commitment dated
15th October 2008;
- that, the Defendant (shareholder), HESHAM AL WARRAQ (shareholder
and vice-president commissioner), and RAFAT ALI RIZVI
(shareholder) made a letter of commitment to settle the
securities payable on 30 October 2008 amounting to US$ 11
million and securities payable on 3 November 2008 amounting
to US$ 45 million to Bank century on 15 October 20087 and
such Letter of Commitment was affixed with duty stamp in the
presence of staffs and officers of Bank Indonesia acting as
Indonesian General Bank Supervisory Team including the
witness PURWANTO (Team member) and such letter was delivered
to Bank Indonesia at the same day, namely 15th October 2008;
263
- that the issue of the letter of commitment by shareholders
of BANK CENTURY was due to the fact that there were bonds to
be payable on 30 October 2008 amounting to US$ 11 million
and on 3 November 28 amounting to US$ 45 million so that the
Defendant (shareholder), HESHAM AL WARRAQ (shareholder and
vice-president commissioner), and RAFAT ALI RIZVI (shareholder)
were reminded and requested to settle them;
- that the owner of the bonds payable on 30 October 2008
amounting to US$ 11 million issued by Banca Populare under
the custody of Citibank and Bond payable on 3 November 28
amounting to US$ 45 million issued by National Australia
Bank under the custody of FGAH a company owned by HESHAM AL
WARRAQ was BANK CENTURY;
- that based on the letter of statements dated 15 October 2008
and 16 November 2008 respectively, the Defendant
(shareholder), HESHAM AL WARRAQ (shareholder and vice-
president commissioner), and RAFAT ALI RIZVI (shareholder)
have declared their commitment to settle such payable
bonds/securities but in fact they failed to settle them;
- that, in settling the bonds payable on 30 October 2008
amounting to US$ 11 million and on 3 November 28 amounting
to US$ 45 million unpaid at the time the Bank Indonesia
Supervisory Team called the Management Board and
Shareholders of BANK CENTURY, the Management Board and
Shareholders of BANK CENTURY would bill the issuers of such
bonds, but in fact they failed;
264
- that, due to the fact that BANK CENTURY experienced a
problem in settling its obligations to the customers, Bank
Indonesia provided the bank with a Short Term Funding
Facility (FPJP) in total of Rp. 689 billion. This was done
by Bank Indonesia in order to keep the trusts of customers
and public to BANK CENTURY;
- that, the obligation that the management board and
commissioners of BANK CENTURY have to fulfill following the
receipt of the Short term Funding Facility (FPJP) of Rp. 689
billion from Bank Indonesia was to remain fulfill their
obligations as set forth in the letter of commitment issued
by the Defendant (shareholder), HESHAM AL WARRAQ
(shareholder and vice-president commissioner), and RAFAT ALI
RIZVI (shareholder) dated 15 October 2008 and be conformed
again in a Letter of Commitment dated 16 November 2008 to
settle / pay the bonds payable on 30 October 2008 amounting
to US$ 11 million and on 3 November 28 amounting to US$ 45
million to BANK CENTURY simultaneously a statement of
acceptance of such Short Term Funding Facility (FPJP) in
total of Rp. 689 billion. But in fact, up to the issue of
the latest Letter of Commitment dated 16 November 2008, the
Management Board and shareholders of BANK CENTURY were still
unable to fulfill their obligations so that Bank Indonesia
thereafter appoint the Lembaga Penjamin Simpanan (LPS) to
take over the management of BANK CENTURY;
265
- that, LOC dated 15 October 2008, LOC dated 16 November 2008,
LOC dated 4 October 2005, and LOC dated 4 October 2005, the
settlement of the securities was done by way of sale. The
LOC dated 15 October 2008 also settled bad securities and
added by way of obtaining investor for addressing the
problem faced by BANK CENTURY and LOC dated 16 October 2008
was the consequence of the problem of failure of sale of the
securities that must be sold as per the agreement dated 3 &
4 October 2005;
- that, the agreement dated 3 and 4 October 2005 was attended by
Board of Directors and Board of Commissioners of BANK CENTURY
followed by the delivery of LOC. The meeting on 15 October
2008 was the second meeting and the meeting on 16 November
2008 was the third meeting attended by the defendant;
- that, on 18th October 2005 an agreement of delivery of securities
in worth of US$ 50 million was made and then on 21 March
2006 an agreement of delivery of securities in worth of US$
80 million was made, both were approved by the defendant;
- that, all such LOCs could not be implemented so that on 15
October 2008 and 16 November 2008 there was no realization;
- that, given that there was no realization of the commitments
already submitted to BI, the bank experienced a problem
which in turn the bank was rendered to LPS;
- that, before being taken over by LPS, BANK CENTURY suffered
from liquidity problem so that BI provided the bank with a
short term funding facility dated 14 and 18 November 2008 in
266
total of Rp. 689 billion that has been settled at the time
the bank was managed by new management and owner (LPS) on
February 2009;
- that, the document was proposed by Treasury Division Head of
BANK CENTURY Joko Sudra at approval of the Board of
Directors Hermawan and Board of Commissioners Rusli and
Purwanto Komsyadi;
- that, the witness starts from 2006, instead of from initial
of the issue of the letter of commitment dated 3 & 4 October
2008 to sell the bank’s assets in worth of 246 million;
- that, initially the bank suffered from liquidity problem and
we have requested manager of the bank as person in charge of
the bank operation to settle it. As the problem could not be
addressed, we thereafter requested the Board of Directors to
hold a meeting with us. At the time, the Board of Directors,
through a letter dated 10th October 2008 stated that they
would involve shareholders and there would be management and
shareholders to be followed up and a meeting dated 15th
October 2008 was held discussing the securities issue and
finally confirming such commitment. The Defendant, hesham Al
Waraq and Rafat Ali Rizvi signed the LOC on 15 October 2008;
- that, the result of the general audit over PT. BANK CENTURY,
Tbk, dated 28th February 2005:
- that, the result of the general audit over PT. BANK CENTURY,
Tbk, dated 31st March 2007:
267
Considering that in response to the witness’
clarification above-mentioned, the Defendant said that he
attended in the meeting with BI. He signed the LoC as he was
one of Shareholders of the bank invited by BI;
The twentieth witness: PRANOTO, SE, who, in the court proceedings
- that, the witness had once conducted supervisory duties to
BANK CENTURY at around 2003 – 2006 result of which was set
forth in the audit report (LPH) of BI’s Auditor Team;
- that, based on the audit, BANK CENTURY was found to have
purchased securities in worth of US$ 246 million. Of such
amount, a sum US$ 116 million was placed in First Gulf Asia
Holding (FGAH) and other than FGAH amounting to US$ 130 million;
- that the securities purchased by BANK CENTURY have no rating
so that Bank Indonesia, for the sake of development, through
a meeting dated 3rd October 2005 and through a letter dated
22 December 2005 addressed to the Board of Directors and
Controlling Shareholders of BANK CENTURY encouraged them to
sell such securities to minimize the loss risk level of BANK
CENTURY;
Considering that, in response to the witness’ clarification
above-mentioned, the defendant justified;
268
The twenty-first witness: EDWARD MANDAHAR SITUMORANG, who, in
the court proceedings and under an oath, principally clarified
as follows:
- that, Shareholders of PT. BANK CENTURY, Tbk, was the defendant
ROBERT TANTULAR and RAVAT ALI RIZVI. Those persons were also
the controlling shareholders of PT. BANK CENTURY, Tbk,;
- that, Robert Tantular as a shareholder controlling 9% of
shares and another his ownership in the BANK CENTURY the
witness did not know and those person knowing it was
Corporate Secretary of PT. Bank Century, namely DEDY TRIANA;
- that, the witness was appointed as Compliance Director of
BANK CENTURY as from December 2004 till 21st November 2008
when BANK CENTURY was taken over by Lembaga Penjamin Simpanan;
- that, in his capacity as a compliance director, the witness
has duties to socialize the Regulations of Bank Indonesia
and regulations of other Banks to the Management Board of
BANK CENTURY in order that BANK CENTURY complies with the
prevailing regulations;
- that, the taking over of BANK CENTURY by Bank Indonesia via
LPS (Lembaga Penjamin Simpanan) was actually very good as
BANK CENTURY suffered from liquidity problem (capability of
a bank in settling its obligations to customers when being
payable as per the request of the customers), so that then
the customers of BANK CENTURY faced problem in taking their
deposit. The intervention of BI through LPS was very useful
in addressing the liquidity problem of the bank, which could
269
prevent from rush and this could make the banking system of
PT. BANK CENTURY, Tbk, to smoothly run again;
- that on 13th November 2008, BANK CENTURY was not allowed to
perform Clearing as its fund delayed to enter BI, which
results in suspension of trade of BANK CENTURY’s shares.
Such condition resulted in delayed payment to another party
and rush;
- that BANK CENTURY has securities in value of more than US$
246 million, most of them was under the custody of First
Gulf Asia Holding (FGAH) owned by Rafat Ali Rizvi and a few
of them were in domestic custodian and up to now the total
value of BANK CENTURY’s securities that cannot be disbursed
was around US$ 220,000,000.-
- that since the witness worked with BANK CENTURY, the witness
knows that BANK CENTURY’s securities have no rating and
difficult for sale;
- that, the transfer of such securities to First Gulf Asia
Holding (FGAH), which is a non-custodian bank, was approved
by the defendant as shareholder;
- that, the issue on non-rating securities of BANK CENTURY had
once been discussed in the Board of Directors Meeting and
the witness had once warned the defendant , Hesham Al Warraq
and rafat Ali Rizvi as shareholders;
Considering that, in response to the witness’s clarification
above-mentioned, the defendant declared that BI has frequently
270
warned the controlling shareholders Rafat Ali Rizvi and Hesham
Al Warraq;
The twenty-second witness: POERWANTO KAMSJADI, who, in the
court proceedings and under an oath, principally clarified as
follows:
of PT. Century Mega Investindo, Tbk since 1990 when the
witness together with the defendant was establishing CIC
Bank where the defendant acted as Credit Director
concurrently as Marketing Director. In 1994, the defendant
was President Director of CIC Bank replacing his late father
and the witness was Operation Director. The witness has no a
family relationship with the defendant;
- that, the witness worked with BANK CENTURY as Independent
Commissioner of BANK CENTURY (Non-active), having registered
office in 22nd Central Senayan II Building, Jl. Asia Afrika
No. 8 South Jakarta Tel. 5724180 with duties and
responsibilities of to provide advises to the Board of
Directors and to control the performance of the Board of
Directors, the implementation of which was to approve Work
Plans prepared by the Board of Directors and to evaluate the
Board of Directors’ implementation of such work plans;
- that the witness knows HERMANUS HASAN MUSLIM since 2004 in
Jakarta at the time of a General Meeting of Shareholders for
the sake of merger between CIC Bank, Dampac Bank and PIKKO
271
Bank where HERMANUS HASAN MUSLIM was appointed as President
Director of the Merging Bank;
- that, BANK CENTURY has securities in value of around US$
200,000,000,- issued by Banca Populare London, National
Australia Bank, Nomora Bank. Such securities were mostly
stored in Chinkara and such transfer occurred since 2002
when such securities could not be disbursed;
- that the defendant on 15 October 2008 and 16 November 2008
jointly signed the Letter of Commitment due to the fact that
the defendant was a shareholder of BANK CENTURY;
above-mentioned, the defendant justified it, because:
- that BANK CENTURY was taken over by LPS as it faces
financial problem and, the credit facility from BI has
passed certain amount limit;
above-mentioned, the defendant declared that he attended the
meeting with BI to sign the LoC as he was a shareholder of
BANK CENTURY invited by BI to attend in that meeting;
The twenty-third witness: Drs. RUSLI PRAKASA, who, in the
follows:
- that, the witness knows the Defendant since the witness
started to work with CIC Bank in 2002. Given the witness was
272
a shareholder of CIC Bank and when the merger between CIC
Bank, Pikko Bank and Danpac Bank, the witness has shares
totaling 27%;
- that the witness was appointed as an Independent
Commissioner since 2004 up to 21st November 2008 when BANK
CENTURY was taken over by LPS;
- that the taking over of BANK CENTURY by LPS was due to the
fact that CAR (Capital Adequacy Ratio of BANK CENTURY
significantly decreased of up to 2 – 3%. The drop of the CAR
was due to audit conducted by Bank Indonesia auditing
loss/profit of BANK CENTURY;
- that Bank was insolvent against withdrawal of fund of third
party thereby resulting in rush on the bank;
- that, the witness jointly signed the Credit Approval Form
given by Bank Century to PT. WIBOWO WADFAH REJEKI in 2007,
where the credit proposal was not attached with supporting
documents such as financial statements for the latest 2
years, there was no guarantee, so that the witness gave
notes as the collateral of the credit was in the form of
deposit issued by Banca Populare belonging to BANK CENTURY
itself;
- that, BANK CENTURY has many securities placed in overseas or
in Chinkara Capital now called First Gulf Asia Holding since
2003 when the securities were still owned by CIC Bank;
transferred to First Gulf Asia Holding (FGAH) Ltd in around
273
2005 or 2006 were in the value of US$ 192,000,000.- for
obtaining a collateral of credit amounting to US$
100,000,000.- and when the securities were transferred, the
expected fund was in fact not sent and up to now such
securities were still in overseas and when they were payable
in September 2008, October 2008, November 2008 and December
2008, the securities could not be disbursed;
- that, to the best knowledge of the witness, Bank Indonesia
have warned four times BANK CENTURY in respect of the
problem on such securities in overseas that cannot be sold;
- that, the defendant jointly signed the Letter of Commitment
on 15 October 2008 and 16 November 2008 in Bank Indonesia
office was due to the fact that the defendant was a
shareholder of the BANK CENTURY;
Considering, that in response to the witness’s clarification
above-mentioned, the defendant declared that such securities
are the responsibility of Raft. The witness was forced to sign
the LoC. From 2002 to 2008, Rafat and Hesham who always
attended in the meeting in Bank Indonesia;
The twenty-fourth witness: METHESA SEMBIRING, who, in the
follows:
- That, the witness knows the defendant since 2002 as the
defendant was a shareholder of CIC Bank, but the witness has
no a family relationship with the defendant;
274
- That the witness was an International Director of CIC
INTERNASIONAL TBK in 2002 to 2004 and, after the merger of
CIC Bank into BANK CENTURY, the witness was appointed as
advisor until the BANK CENTURY was taken over by LPS on 21
November 2008;
- That the taking over of BANK CENTURY by LPS on 21 November
2008 was due to the fact that BANK CENTURY suffered from
loss of clearing and rush so that BANK CENTURY failed to
meet its obligations;
- That, the witness does not know anymore the said securities
transferred to First Gulf Asian Holding Limited (FGAH) as he
has no been the member of the Board of Directors of BANK
CENTURY;
- That, the witness knows CHINKARA CAPITAL LIMITED as shareholder
of CIC INTERNASIONAL TBK Bank when he was the member of the
Board of Directors of CIC Internasional Tbk Bank. And the
Board of Directors of CHINKARA CAPITAL LIMITED the witness
knows was RAFAT ALI RIZVI domiciled in Singapore;
- That, to the best knowledge of the witness the securities of
CIC Bank transferred to CHINKARA CAPITAL LIMITED was aimed
at obtaining Letter of Credit (L/C) facility from banks in
overseas through assistance offered by CHINKARA CAPITAL
LIMITED;
- That, to the best knowledge of the witness, the securities
of CIC Bank transferred to CHINKARA CAPITAL LIMITED used as
collateral of letter of credit facility were US Treasury (a
275
bond issued by the Government of the United States of
America) in worth of US$ 70 million and ROI Loan (bond
issued by the Government of the Republic of Indonesia) in
worth of US$ 42.5 million. Such securities/bonds were
thereafter transferred to CHINKARA CAPITAL LIMITED at the
end of January of 2003;
- That, to the best knowledge of the witness, the process of
transfer of such CIC Bank’s securities to CHINKARA CAPITAL
LIMITED was initially from an offer of CHINKARA CAPITAL
LIMITED to assist CIC Bank Internasional to obtain L/C
facility with a ceiling of US$ 100 million with ROI Loan
guarantee in worth of US$ 192 million plus US$ 70 million of
US Treasury. The realization was that the ceiling used was
only US$ 35 million with collateral of US$ 70 US Treasury
plus US$ 42.5 ROI Loan. While the remained ROI Loan of US$
150 million was exchanged by CHINKARA CAPITAL LIMITED with:
a. Cash US$ 20 million
b. Certificate of deposit of US$ 26 in West London bank
payable on 30 September 2008;
c. Certificate of deposit of US$ 26 in Banco Populare
Milano payable on 30 October 2008
d. Certificate of deposit of US$ 26 issued by Nomura Bank
payable on 12 December 2008;
- that, to the best knowledge of the witness, after the LC
Facility of US$ 35 million was completely used, CIC Bank
Internasional Ltd requested CHINKARA CAPITAL LIMITED for a
276
collateral in worth of US$ 70 US treasury and US$ 42.5 ROI
Loan, but such securities have not been returned by CHINKARA
CAPITAL LIMITED until the witness was no longer the member
of the Board of Directors of CIC Bank;
the defendant justified it;
The twenty-fifth witness: POLTAK ADOPF TOBING, who, in the
follows:
- That the witness does not know the defendant and has no a
- That currently, the witness is working with LEMBAGA PENJAMIN
SIMPANAN (LPS) since 22 September 2005 with position as
Collateral Division head, having its registered office in
11th Floor BRI II Building, Jl. Jend. Sudirman Kav. 44-46 –
Jakarta. Duties and responsibilities of the witness as the
Collateral Division Head are to undertake obligations of
Banks as collateral participant;
- That, on 21 November 2008 the Committee of Stability of
Financial System (KSSK) (Minister for Finance and Governor
of BI) stipulated that PT. BANK CENTURY, Tbk, as a failed
bank and delivered the management of BANK CENTURY to LPS.
Thereafter, LPS immediately taken over such bank as per the
Law of LPS (Law No. 24 of 2004);
277
- that, after PT. BANK CENTURY, Tbk, on 21 November 2008 was
declared as a failed Bank by the Committee of Stability of
Financial System (KSSK), at the same time the BANK CENTURY
was taken over by LPS. Measures taken by LPS following the
taking over of BANK CENTURY were as follows:
1) As per the LPS Law, taking over rights and authorities
of shareholders, including General Meeting of Shareholders;
2) Convening General Meeting of Shareholders to terminate
Board of Directors and Board of Commissioners and to
appoint new Board of Directors and Board of Commissioners.
3) Performing temporary capital equity (PMS) by way of
increasing paid up capital of the bank at gradual basis.
- Duties of LPS:
1) Guarantying saving of Bank Customers
2) Performing settling/handling of Failed Bank
(rescuing or liquidating Bank);
Legal basis of LPS is Law No. 24 of 2004 on Saving
Guarantor Agency;
- that after the taking over of BANK CENTURY, LPS conducted
PMS until 24 February 2009 in worth of Rp.
6,132,000,000,000.- (Six trillion one hundred thirty two
billion rupiah. Such amount may be increased as per the
liquidity need of the Bank;
- that, the basis of temporary capital equity (PMS) done by
LPS to BANK CENTURY Tbk was in line with the LPS LAW where
LPS shall be responsible for costs of handling of Failed
278
Bank to increase paid up capital of the bank in the form of
PMS until the bank meets the required sound level of bank
stipulated by Banking Supervisory Agency (BI). The amount of
PMS already paid used to meet CAR of the bank and Liquidity
need (GWM)
- that, a bank is declared as a failed bank if it suffers from
financial problem that cannot be recovered any more by Bank
Indonesia as per its authority. When PT. BANK CENTURY, Tbk,
was taken over by LPS, it has CAR minus 35% and after being
taken over by LPS, the CAR of BANK CENTURY was more than 10%;
- that to the best knowledge of the witness the liquidity
problem of BANK CENTURY was caused by securities problem,
lending not according to the prevailing procedure and
existence of costs already existed for a long time but not
being charged;
- that on 21 November 2008, one of controlling shareholders
promised to follow the Recapitalization Program by paying
capital of at least 20% of the required total fund, bust
such controlling shareholder failed to meet his promise so
that LPS takes over the management of BANK CENTURY;
- that, when being taken over by LPS, based on audit result
conducted by Accountant Firm Harianto Yusuf, BANK CENTURY
has asset in the value of around Rp. 6,900,000,000.- (six
trillion nine billion rupiah) only, while its liabilities
were around Rp. 13,700,000,000.- (thirteen trillion seven
279
hundred billion rupiah) thus the negative equity was around
Rp. 6,800,000,000.- (six trillion eight hundred million rupiah);
above-mentioned, the Defendant justified it;
The twenty-sixth witness: SITA DARANANTI, who, in the court
- That the witness started to work with bank Niaga Jakarta in
1997 with position as Custodian Services Officer at Unit
Corporate Action;
- That, Bank Niaga is a custodian Bank since 1991. Custodian
Bank is a bank providing securities custodian services;
- That a bank may operate as custodian bank if it has obtained
permit from Investment Supervisory Board and Financial
Institution (BAPEPAM & LK);
- That, BANK CENTURY Tbk entrusted its securities to Bank
Niaga custodian since 27 March 2003 but at that time the
placement was made by CIC Bank which later was merged into
BANK CENTURY Tbk;
- That, persons undertaking the placement of the securities by
CIC Bank to Bank Niaga were METHESA SEMBIRING (Director) and
HAMIDY (Director) on 27 March 2003;
- that, some of the securities of bank Century, Tbk placed in
Bank Niaga as Custodian, were payable, including US Treasury
Trips (US912833X39) in worth of US$ 100,000.- payable on 15
280
November 2005 and US Treasury trips (US912833FZ86) in worth
of US$ 100,000.- payable on 15 November 2006;
- that the payment of the securities payable by the issuer of
the securities was made to Bank Niaga as Custodian via Custodian
bank Niaga Account in Citibank Jakarta, which was thereafter
transferred by Custodian Bank Niaga to the Account of PT.
BANK CENTURY, Tbk, US$ A/C No. 2009-191-000205 Waschovia
Bank NA, New York, Swift Code: PNBPUS3NNYC, based on a
letter from PT. BANK CENTURY, Tbk, dated 6 June 2005 signed
by LAURENCE KUSUMA (director) and SUNARTONO (Division head)
on Instruction of Payment to all securities payable;
Considering that in response to the witness’s clarification
above mentioned, the defendant stated don’t know;
The twenty-seventh witness: DESI DAMAYANTI, who, in the court
follows:
- That the witness does not know the defendant and has no a
- That, PT. Signature Capital Indonesia was a company engaging
in Stock Trading domiciled at 14th Floor WTC Building Jl.
Jenderal Sudirman Kav. 29-31 Jakarta 1290. The management of
this company were IM RIZAL ISMAIL, and DIRECTOR OTO EDWAR
SITORUS, and HEAD OPERATION: YAN ARIEFYANDI, and since
September appointed as Operation Director, Commissioner: HM
281
WAHYU WIBOWO and the position of the witness in that company
was Assistant Manager;
- That, the chronology of the lending from Bank Century to PT.
Accent Investment Indonesia was as follows:
a. At the end of 2007, the witness was contacted by TARIQ
KHAN from Ext telephone of TARIQ KHAN to Ext telephone
of the witness. In that phone conversation, TARIQ KHAN
said that he would use the name of the witness and the
witness then did not say yes or no as the phone was
quickly closed;
b. In January 2008, STELLA ANGGELINA HIDAYAT prepared an
attendant list of a General Meeting of Shareholders
which thereafter submitted to TARIQ KHAN. After that,
TARIQ KHAN called and requested the witness to meet him
in his room and requested the witness to sign such
attendant list;
c. In initial February 2008, the DEED OF ESTABLISHMENT OF
PT. ACCENT INVESTMENT INDONEWA was established with a
change in new management board (the witness never met
the Notary) where old director STELLA A HIDAYAT was
replaced with the witness as new Director;
d. In April 2008, TARIQ KHAN sent SMS to the witness
stating that on 15 April 2008 the witness was requested
to come to Bank Signature Office at 8 AM to go to BANK
CENTURY together with SUHADI and STELLA. And at the
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night day dated 14 April 2008 the witness received a SMS
from TARIQ KHAN informing that such meeting is suspended;
e. On 16 April 2008, TARIQ KHAN sent SMS again to the
witness stating that the meeting with BANK CENTURY would
be held on 17 April 2008;
f. In 17 April 2008, the witness, SUHADI and STELLA met
officials of BANK CENTURY, namely LINDA WANGSADINAWA and
Mr. NOFI and NOTARY BUNTARIO TIGRIS SH, in a meeting
room of BANK CENTURY, 12th Floor at around 09.30 am.
After that, the witness and SUHADI signed a CREDIT DEED
in worth of Rp. 60 billion with a collateral of shares
that then have a total value of Rp. 120 billion;
g. In 12 May 2008, TARIQ KHAN and STELLA A HIDAYAT as well
as OTTO E SITORUS prepared a letter of exchange of
shares collateral submitted to HERMANUS HM as President
Director of PT. BANK CENTURY, Tbk, and LINDA WANGSADINATA
as branch Manager. The witness was requested by TARIQ
KHAN to come to his home to sign such letter;
- that, such General Meeting of Shareholders was actually never
held and signature on the attendant list of the General
meeting of Shareholders was the witness acting as invitee
and SUHADI as Commissioner and STELLA as Director of PT.
Accent Investment Indonesia and, given the general meeting
of shareholders was not held, so no subject was discussed;
- the witness didn’t know why the witness have to sign the
attendant list of the General Meeting of Shareholders of PT.
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Accent Investment Indonesia. The witness did it as she has
to carry out the at instruction of TARIQ KHAN;
- that, PT. Accent Investment Indonesia was established in 9th
February 2994 based on a Notary Deed of VIVI NOVITA
RANADIREKSA SH Number 03 domiciled in Jl. Hang Lekir IIa No.
1 Kelurahan Gunung Kebayoran Baru, South Jakarta. With
authorized capital of Rp. 200 billion, a shareholder GUNTHAR
BACHROEM in total of 15,000,000 shares with a nominal value
of Rp. 15 Billion and STELLA ANGGELINA HIDAYAT of 5,000,000
shares with a nominal value of Rp. 5 billion;
- that, according to the Deed No. 12 dated 29 January 2008
drawn up before Notary VIVI OVITA RANADIREKSA SH concerning
approval of change in composition of management board of PT.
Accent Investment Indonesia from old director STELLA ANGGELINA
HIDAYAT as Director into DESI DAMAYANTI as new Director;
- that, PT. Accent Investment Indonesia was domiciled in WTC
Building 14th Fl. Jl. Jenderal Sudirman Kav. 29-31 jakarta
12920 where such address is same with the address of PT.
KAUO CAPITAL RAHARJA and the place where the witness works;
- that, to the best knowledge of the witness, PT. Accent
Investment Indonesia has no employee and all affairs of PT.
Accent Investment Indonesia were undertaken by TARIQ KHAN
and STELLA ANGGELINA HIDAYAT and OTO EDWARD SITORUS, and the
witness as Director and SUHADI as Commissioner of PT. Accent
Investment Indonesia never do activities and the witness
also never receive salary based on her title. The salary of
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the witness amounting to Rp. 4,000,000.- (four million
rupiah0 was obtained from PT. Cignature Capital Indonesia;
- that, for the first time the witness was aware that her name
was used by TARIQ KHAN for PT. Accent Investment Indonesia
was when witness was requested to sign the Amendment to
Composition of Board of Directors of PT. Accent Investment
Indonesia and such signature was given in the job room of
TARIQ KHAN;
- that, in initial February 2008, the witness was requested to
come to TARIQ KHAN room where STELLA ANGGELINA HIDAYAT and
OTTO EDWARD SITORUS had been existed in that room and the
witness was instructed by TARIQ KHAN to sign documents the
witness did not read in prior and according to TARIQ KHAN
such documents were aimed to submit credit facility to BANK
CENTURY and such documents contained name of the witness and
name of SUHADI with title as Director and Commissioner
respectively;
- That, on 16 April 2008 the witness received SMS from TARIQ
KHAN stating that on 12 April 2008 the witness was requested
to come to BANK CENTURY Central Senayan. On 17 April 2008 at
about 09.30 AM, the witness together with STELLA ANGGELINA
HIDAYAT and SUHADI come to BANK CENTURY and met LINDA
WANGSADINATA, NOFI, and Notary BUNTARIO TIGRIS SH and at
that time the witness was requested by ANGGELINA HIDAYAT to
sign a Credit Deed in the witness capacity as Director PT.
Accent Investment Indonesia and SUHADI as Commissioner;
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- that, at the time the Credit Deed was read out by Notary
BUNTARIO TIGRIS SH in BANK CENTURY Central Senayan, the
witness was aware that such credit facilities consisting of
Current Account Credit (KRK) amounting to Rp.
20,000,000,000.- (twenty billion rupiah) and Credit at
request (KAP) amounting to Rp. 40,000,000,000.- (forty
billion rupiah) and according to TARIQ KHAN such Credit
facilities would be used for expansion of the company. While
when the disbursement of the credit facility proposed by PT.
Accent Investment Indonesia, the witness did not know and
how the process the witness also did not know as the witness
just signs the Credit Deed. Then during a period of around
one (1) week following the signing of the credit agreement,
the witness was instructed by STELLA ANGGELINA HIDAYAT to
open Application of Current Account Accounting with BANK
CENTURY Senayan Centra-2 branch office and at the same time
the witness was also requested to sign a power of attorney
to STELLA ANGGELINA HIDAYAT to sign Check and Giro of PT.
Accent Investment Indonesia and after that the witness did
not know any more what the account number of PT. Accent
Investment Indonesia;
- That, the collateral of the PRK and KAP credit facilities
was in the form of shares whose owner was not known to the
witness, as the witness just put her signature;
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- that, during the process of the lending, the witness was
never asked nor interviewed or requested for information as
Director of PT. Accent Investment Indonesia by BANK CENTURY;
- that the witness had once come to BANK CENTURY office when
signing the letter of shares collateral exchange at the end
of May 2008;
- that such shares collateral exchange letter was addressed to
HERMANUS HM as the time of process of the PRK and KAP credit
facilities always called HEMRNAUS HM and HERMANUS HM also
acknowledged the process of the lending;
- that, the letter dated 12 May 2008 was truly signed by the
witness in her capacity as Director of PT. Accent Investment
Indonesia. Subject matter of the letter was the exchange of
shares collateral for credit facilities amounting to Rp.
60,000,000,000.- (sixty billion rupiah) and the witness did
not know why such shares were exchanged as the letter was
drafted by TARIQ KHAN and the witness just signet it;
Considering that in response to the witness’s clarification
above mentioned, the defendant stated don’t know;
The twenty-eight witness: LAURENCE KESUMA, who, in the court
follows:
- That the witness knows the defendant as a shareholder of
BANK CENTURY controlling 9% of the total shares;
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- That, BANK CENTURY has securities in the value of US$
246,080,000.- existing in overseas. Of such amount, a sum
US$ 116 million was stored in Chinkara Capital or FGAH;
- That, such securities have worthless rating and the witness had
once advised to sell such securities in both overseas and
domestic country but such securities were unsuccessfully sold;
- That, the witness had once informed the defendant on such
unsuccessful sale of the securities and the defendant
advised that such securities are sold to shareholders;
- That, the problem in which BANK CENTURY faces was caused by
liquidity problem caused by the failure of sale and
disbursement of the securities;
- That on 3 October 2005 a meeting was held in Bank Indonesia
office for selling the securities;
- That, as the follow up of the meeting in BI in question, BANK
CENTURY sold its shares in worth of US$ 65 million issued by
National Australia Bank to FGAH for obtaining fund amounting
to US$ 40 million but after the delivery of such shares, the
money/proceeds was not sent by FGAH to BANK CENTURY;
above-mentioned, the defendant that such some of such
clarification are true and some other are untrue;
The twenty-ninth witness: HERMANUS HASAN MUSLIM, who, in the
follows:
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- That the witness is in good health, knows the defendant and
has no a family relationship with the defendant;
- that, in January 2005, witness worked with BANK CENTURY,
which bank was the result of merger between CIC Bank, PIKKO
Bank, and DANPAC BANK, the defendant’s title was Vice-
President Director;
- that, since the end year 2005, the witness has been
appointed as President Director of BANK CENTURY until 21
November 2008 when BANK CENTURY was taken over by Lembaga
Penjamin Simpanan (LPS). The duties and authorities of the
witness were as follows:
a. Duties:
1) Performing product development;
2) Performing human resources (HR) development;
3) Performing development of retail and consumer
business credit;
b. Authorities
1) Approving new credit facilities, macimum Rp. 3,000,000,000.-
(three billion rupiah) together with Credit Committee
consisting of Branch managers, regional Office Head,
Credit Division Head and one Director;
Approval for a lending of more than such amount,
additional 2 members of Board of Commissioners are
required;
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The figure of authority differs from other credit
types such as Credit renewal and back to Back with
Deposit as collateral;
2) Conducting supervision over HR for recruitment,
training and assignment of employee at marketing and
branch manager levels;
3) Conducting a sounding out and cooperation with third
party in order to improve business unit of the bank
in domestic country, among others:
a) Cooperation with PT Telkom;
b) PT. Perusahaan Listrik Negara (PLN);
c) Jamsostek;
d) Ministry for People Housing Affairs, etc.
4) Monitoring performance of each branch manager in term
of credit and report result from regional office and
credit division head;
c. Responsibilities:
1) Supervision and monitoring of target achievement as
per the business plan of BANK CENTURY, especially
Credit Division from report of regional office and
head of credit division;
2) Enhancing capacity of Bank Century to compete with
other products, for example saving bank;
- that it can be clarified by the witness that shareholders of
PT. BANK CENTURY, Tbk, were as follows: Controlling
Shareholder: Chincara Capital Ltd, which was then owned by
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RAAFAT ALI RIZVI and HESHAM AL WARRAQ, Main shareholders of
PT. CENTURY MEGA INVESTINDO, owned by ROBERT TANTULAR;
- That, the controlling shareholders of First Gulf Asia
Holding Ltd (FGAH) was HESHAM AL WARRAQ. Main shareholder of
PT. CENTURY MEGA INVESTINDO was ROBERT TANTULAR ;
mean an instrument of investment purchased by the bank
through a domestic Stock Exchange, covering among other:
Shares, State Bonds (SUN), and Bonds by complying with the
prevailing regulations of Bank Indonesia;
- that, the witness was not familiar with the regulations on
stock exchange. The person who is well familiar with the
stock exchange regulations and manages operation issues and
investment of stock exchange and securities in both domestic
and overseas was KHRISNA JAGATEESEN, as Treasury Director of
PT. BANK CENTURY, Tbk,;
- that the defendant does not know about it, it was known by
KRISHNA JAGATEESEN, AS Treasury Director of PT. BANK
CENTURY, Tbk, as treasury needs for special skill;
- that to the best knowledge of the witness, PT. BANK CENTURY,
Tbk, ever purchased securities, among others, to the best
knowledge of the witness, Bonds, Republik Indonesia of Loan
(SUN), and other the witness does not know;
- that, the witness does not know when PT. BANK CENTURY, Tbk,
buys the Bonds, Republic Indonesia of Loan (SUN) as it was
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recorded by Treasury Division under the responsibility of
Treasury Director;
- that the witness ever attended the meetings of the Board of
Directors and Board of Commissioners discussing securities
of PT. BANK CENTURY, Tbk, that are under the control of
shareholders in overseas. But the witness does not remember
when the meeting is held, as it is frequently discusses and
even, for this issue, the defendant, in this case is PT.
BANK CENTURY, Tbk, has taken initiative to request for
assistance to Bank Indonesia to settle such issue;
- that the terms as shareholders and existing in overseas
means HESHAM AL-WARRAQ (in Saudi Arabia) and RAFAT A RIZVI
(in Singapore or London);
- that in the meeting of Board of Commissioners and Board of
Directors discussing mainly about the securities, the
Treasury Director (Krishna Jagateensen) has reported matters
relevant to the status of the securities as Krishna
Jagateesen knows technical and operational issues of that
securities. The defendant thereafter requested Krishna
Jagateesen to collect via phone or letter, which was then
known by Deddy Triyana as minutes drafter;
- that, direct efforts of the witness were to directly contact
and the defendant also even called hear together by meeting
participants, which also then hear by Deddy Triyana and
Krishna Jagateesen. Therefore RAFAT A RIZVI or shareholder
had once become angry and threatened to replace the
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Management Board of PT. BANK CENTURY, Tbk, which was also
hear directly by Deddy Triyana, Krishna Jagateesen and
Hamidi. In essence, the defendant request at that time was
that “RAFAT A RIZVI should immediately settle his
liabilities”. And this was also in accordance with the
request from BI. The efforts made by the defendant were to
send the letters to the following persons:
a. HESHAM AL- WARRAQ, Letter No. 341.4/Century/D/VI/2008
dated 9 June 2008, signed by the defendant together with
Hamidi;
b. HESHAM AL- WARRAQ, Letter No. 669/Century/D/XI/2008
dated 5 November 2008, signed by the defendant together
with Hamidi;
c. RAFAT A RIZVI, Letter No. 670/Century/D/VXI/2008 dated 5
November 2008, signed by the defendant together with
Hamidi;
- that, the witness had once signed the Approval of Transfer
of Securities to FGAH;
- that, the witness had once also signed Credit Facility
Approval Letter to PT. WIBOWO WADAH REJEKI in worth of Rp.
121,360,440,000.- (one hundred twenty one billion three
hundred six million four hundred forty thousand rupiah) on
30 November 2007;
- that the witness has issued a power of attorney to LINDA
WNAGSADINATA in respect of the lending to PT. WIBOWO WADAH
REJEKI;
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- that the witness instructed and approved all processes of
the lending that do not comply with the prevailing procedure;
- that the witness signed FPK – Credit Committee Recommendation
No. FPK 249/KPO/V/08 dated 29/05/2008 KPO Senayan Branch
Office / Regional Office 3;
- that witness signed FPK – Credit Committee Recommendation
No. FPK 273A/B-KAP/SCI/VII/08 dated 14/07/2008 KPO Senayan
Branch Office / Regional Office 3;
- that witness signed FPK – Credit Committee Recommendation
No. FPK 155/B-KAP/WWR/KPO/XI/08 dated 01 November 2007 KPO
Senayan Branch Office / Regional Office 3;
- that, witness acknowledged the issues on securities for the
first time from the meeting with the Board of Commissioners
and Board of Directors on day and date the witness does not
remember but at around initial 2005; - that in that meeting,
Tresury Director Laurence Kusuma revealed the issue on
securities that had been occurred in CIC Bank prior the
merger into PT. BANK CENTURY, Tbk,;
- that Laurence Kusuma revealed that these securities were
under the control of shareholders, Rafat Ali Rizvi, in a
number of meetings the defendant advised to request for
assistance to Bank Indonesia to capture the shareholder, in
this case is Rafat Ali Rizvi;
- that, according to information from Laurence Kusuma, she
have frequently made communication with Rafat Ali Rizvi
concerning this securities problem. According to Laurence
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Kusuma, Rafat Ali Rizvi tried to sell such securities, if
impossible, Rafat Ali Rizvi would disburse the money market
line or L/C facilities to PT. BANK CENTURY, Tbk, using such
securities. The Defendant does not know whether such efforts
have been successful or not;
- that thereafter as the follow up of the meetings between
Board of Commissioners and Board of Directors above-
mentioned, the defendant together with the Team of PT. BANK
CENTURY, Tbk, to the best knowledge of the defendant,
Laurence Kusuma met Ramzi A Zuhdi as Vice Director of Bank
Supervision 1 of Bank Indonesia. In that meeting, Laurence
Kusuma raised the securities issue under the control of
Rafat Ali Rizvi and Laurence Kusuma explained about the
difficulty of sale of the securities. The defendant
thereafter proposed to Bank Indonesia to summon Rafat Ali
Rizvi to assume responsibility in that case. At that time,
Ramzi A Zuhdi agreed to summon Rafat Ali Rizvi, the
defendant forgets what the realization of the effort of Bank
Indonesia in question;
- that, finally on 3 October 2005 a meeting was held between
Bank Indonesia and controlling shareholders Rafat Ali Rizvi
and Hesham Al-Warraq which also attended by the Board of
Commissioners including Sulaiman Ahmad Basyir, Poerwanto
Kamsjadi, Rusli Prakarsa and Anwary Surjaudaja and the Board
of Directors including the defendant, Hamidy, Laurence
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Kusuma, and Edward Mandahar Situmorang, while from Bank
Indonesia : Rusli Simanjuntak, Pranoto and Hizbullah.
The results of the meeting are as follows:
1. HESHAM AL-WARRAQ stated his desire to be a controlling
shareholder of BANK CENTURY, as the consequence, he agreed
to fulfill all relevant regulations of Bank Indonesia;
2. HESHAM AL-WARRAQ stated his desire to take actions
required to cope with the liquidity and capitalization
problems of BANK CENTURY;
3. As controlling shareholders of BANK CENTURY, HESHAM AL-
WARRAQ and RAFAT ALI RIZVI declared as follows:
a. Bonds of BANK CENTURY in worth of US$ 116,080,000.-
(one hundred sixteen million eighty thousand United
States Dollar) consisting of:
1) Deutsche Bank AG London, in worth of US$
25,000,000.- (twenty five million United States
Dollar)
2) US Treasury, in worth of US$ 70,360,000.-
(seventy million three hundred sixty thousand
3) US Treasury Strip, in worth of US$ 4,320,000.-
(four million three hundred twenty thousand
4) Lehman Brothers Bankhaus London, in worth of US$
8,000,000.- (eight million United States Dollar);
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5) Nomura Bank Internasional Plc London, in worth of
US$ 1,000,000.- (one million United States
Dollar);
6) US Treasury Strip (Resulted from Sale of ROI) in
worth of US$ 7,400,000.- (seven million four
hundred thousand United States Dollar) all are
under the control of FGAH, previously Chinkara
Capital Limited;
b. HESHAM AL-WARRAQ and RAFAT ALI RIZVI agreed to help
the bank in selling the securities in foreign
currency to third party not later than 31st December
2005 consisting of:
1) West LB AG London, in worth of US$ 26,000,000
(twenty six million United States Dollar);
2) banca Populare in Milano, London, in worth of US$
26,000,000 (twenty six million United States Dollar)
3) NAB London, in worth of US$ 52,000,000.- (fifty
two million United States Dollar);
US$ 26,000,000.- (twenty six million United
States Dollar);
5) Deutsche Bank AG London, in worth of US$ 25,000,000.-
(twenty five million United States Dollar)
6) US Treasury, in worth of US$ 70,360,000.-
(seventy million three hundred sixty thousand
297
7) US Treasury Strip, in worth of US$ 4,320,000.-
(four million three hundred twenty thousand
8) Lehman Brothers Bankhaus London, in worth of US$
8,000,000.- (eight million United States Dollar);
US$ 1,000,000.- (one million United States
Dollar);
10) US Treasury Strip (Resulted from Sale of ROI) in
worth of US$ 7,400,000.- (seven million four
hundred thousand United States Dollar). Thus in
total of US$ 246,080,000.- (two hundred forty six
million eighty thousand United States Dollar);
- that the matters above-mentioned were set forth in the
Minutes of Meeting between Bank Indonesia and controlling
shareholders held on 3 October 2005, which was submitted by
Bank Indonesia to the Board of Directors of PT. BANK
CENTURY, Tbk, with an introduction letter No.
7/235/DPwB1/PwB11, dated 13 October 2005 was signed by
Pranoto acting as Head of Banking Supervision Division 11;
- that, letter no. 7/235/DPwB1/PwB11, dated 13 October 2005
signed by Pranoto acting as Head of Banking Supervision
Division 11 was Presentation of Minutes of meeting of Bank
Indonesia and PT. Bank Century, Tbk.
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- that, letter no. 7/235/DPwB1/PwB11, dated 13 October 2005
signed by Pranoto acting as Head of Banking Supervision
Division 11 was an introduction to the following letters:
a. MINUTES OF MEETING OF BANK INDONESIA AND THE ULTIMATE
SHAREHOLDERS OF PT. BANK CENTURY TBK DATED 3 OCTOBER
2005, consisting of four (4) sheets signed by Rafat Ali
Rizvi and Hesham Al-Warraq, which was also attended by
Board of Commissioners including Sulaiman Ahmad Basyir,
Poerwanto Kamsjadi, Rusli Prakarsa and Anwary Surjaudaja
and the Board of Directors including the defendant,
Hamidy, Laurence Kusuma, and Edward Mandahar Situmorang,
while from Bank Indonesia : Rusli Simanjuntak, Pranoto
and Hizbullah;
b. Attendant List of Meeting between Bank Indonesia and
boards of directors and commissioners of PT. BANK
CENTURY, Tbk, on Monday dated 3 October 2005;
- that, the witness’s transfer of securities to First Gulf
Asia Holding (FGAH) causes the existence and validity of the
securities were questioned and such securities could not be
disbursed by BANK CENTURY when due date so that the assets
of BANK CENTURY drops and also gives negative impact on
Capital Adequacy Ratio (CAR) of BANK CENTURY and the
witness’s actions of transferring the securities to First
Gulf Asia Holding (FGAH) and instructing approval all
processes of the lending deviating from the prevailing
procedures resulted in loss or bad credit for BANK CENTURY;
299
- further, the witness together with the Defendant and
LAURENCE KUSUMA have agreed the fund management agreement
between BANK CENTURY and the witness TARIQ KHAN as managing
director of PT. KUO CAPITAL RAHARJA engaging in capital/
securities trading in a worth of Rp. 90,000,000,000 (ninety
billion rupiah) with reasons of purchase of corporation bond
purchase;
- that PT. KAUO CAPITAL RAHARJA (now called SCI) was a company
engaging in securities trading and subject to regulations of
BAPEPAM (Capital Market Supervisory Board) where a
securities company may propose for a credit facility with a
maximum amount of 25% of the paid up capital;
- that the witness as president director has given and
approved the credit facility to PT. WIBOWO WADAH REJEKI
(WWR) where on 5 December 2007 at about 18.00 PM LINDA was
instructed by witness DJOKO H. INDRA (Treasury Div. Head) to
instruct KPO Senayan to disburse a credit platform of Rp.
121,306,440,000.- (one hundred twenty one billion three
hundred six million four hundred forty thousand rupiah) in
favor of PT. WIBOWO WADAH REJEKI with collateral in the form
of Certificate of deposit issued by Bank Banca Populare in
Milano Number ISIN: XSO179811616 in a nominal value of US$
15 million;
- that, at night of the same day, the witness LINDA contacted
the witness JOKO H. INDRA stating her objection to
unfairness of the lending due to the fact that such lending
300
involves a significant amount, never meeting with the
prospective debtor, physical collateral was never shown,
and lending mechanism deviating from the prevailing
procedure, but LINDA was thereafter instructed by JOKO H.
INDRA to contact the Defendant and the Defendant instructed
the witness LINDA to execute the lending;
- that, as the instruction has to be carried out, KPO Senayan
prepared FPK (Credit Approval Form) for approval by head of
Regional Office III, Credit Division Head, two members of
the Board of Directors and two members of the Board of
Commissioners and, at the same day, the branch office
informed the head of regional Office III and the Credit
Division Head that there was a credit facility that must be
recorded in the following day;
- that, on 6 December 2007, after the FKP (Credit Approval
Form) was approved by the Credit committee, the witness LINDA
ordered the Legal Division to prepare Credit Deed, Acceptance
Loan Letter, credit agreement and credit approval letter;
- that further the Branch Office ordered SKPK (Credit
Settlement of and Credit Reporting Function) undertaken by
AO, Branch Manager, Legal Officer, Legal Officer Div. Head,
by attaching the FPK already approved by the Credit
Committee consisting of two members of the Board of
Commissioners. The SKPK thereafter recorded such credit
platform and the credited it to the account of PT. WIBOWO
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WADAH REJEKI with PT. BANK CENTURY, Tbk, Acc. No. 1022-
0000245402-001 in favor of PT. WIBOWO WADAH REJEKI;
- that, with respect to the credit facilities given to PT.
WIBOWO WADAH REJEKI or WWR, neither appraisal nor interview
was conducted against the prospective debtor, BI checking
was conducted following the FPK was delivered to the Credit
Committee, without site survey and analysis, and the FPK was
prepared with back date, which as if according to the
prevailing procedures;
- that, should the lending is processed as per the prevailing
procedure, the Branch manager should conduct field survey to
the site of the prospective debtor and simultaneously conducted
checking of collateral of the proposed credit facility;
- that, in fact, the credit collateral provided by PT. WIBOWO
WADAH REJEKI / WWR for credit from Century bank, which is in
the form of Certificate of Deposit issued by Banca Populare
in Milano with ISIN No.: XSO179811616 with a nominal value
of US$ 15 million was the property of Century bank;
- that, PT. WIBOWO WADAH REJEKI or WWR is a company having no
a registered office, employees and activities, established
by the witness TARIQ KHAN at instruction of ROBERT TANTULAR
aimed at obtaining the credit facility from Century bank;
- that, the defendant has instructed and approved the process
of lending to PT. Accent Investment Indonesia (AII) where on
22 April 2008 PT. Accent Investment Indonesia (AII) obtained
form BANK CENTURY credit facilities in worth of Rp.
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20,000,000,000.- (twenty billion rupiah) in the form of
Current Account Credit Facility (KRK) plus another credit
facility amounting to Rp. 40,000,000,000.- (forty billion
rupiah) in the form of Credit-Based on Request (KAP), with
collateral in the form of shares in nominal value of Rp.
120,038,000,000.- (one hundred twenty billion thirty eight
million rupiah) based on recommendation of the Defendant.
Thereafter, after receiving such reference/recommendation,
the witness LINDA WANGSADINATA informed the witness that
there is a credit facility request from PT. Accent
Investment Indonesia amounting to Rp. 120,038,000,000.- (one
hundred twenty billion thirty eight million rupiah);
- that, as a KPO Senayan Branch Manager, the witness LINDA
WANGSADINATA stated her objection to HERMANUS HASAN MUSLIM
against the credit application recommended by the Defendant,
as the collateral of the credit was in the form of shares,
where the witness was in opinion that such shares used as
collateral of the credit have high level of risk with quick
fluctuated rate, the applicant was not willing to provide
copy of the company’s current account, for which the witness
LINDA WANGSADINATA considers that an analysis over such
company is required. And company’s financial reports being
submitted were in house (unaudited), illiquid financial
condition of the company, very high dependence level of
loan, particularly loans to shareholders, the company was
still experiencing loss of Rp. 300 million, and this company
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(PT. Accent) is a relatively new company which had never
obtained any credit facility from any bank whatsoever. As
such, the witness deemed that the lending of Rp.
60,000,000,000.- was unfeasible.
- that, the witness LINDA WANGSADINATA’s objections had been
filed in both oral and writing set forth in an Internal
Memo. However, Hermanus Hasan Muslim was not willing to
agree upon such witness’ analytical advises and he
consistently instructed the witness to process such lending
for the reasons that the collateral of PT. Accent was blue
chip shares whose value was sufficient to cover the platform
of the credit;
- that, in processing the lending to PT. Accent Investment
Indonesia (AII), the Credit Approval Form was made on back
date basis;
- that, PT. Accent Investment Indonesia (AII) was a new
customer who had never obtained any facility whatsoever from
or had no financial data in Century bank. Debtor did not
submit its financial data or current account from another
bank. Collateral of the debtor was in the form of shares
that have high risk for the bank as the bank could not
control the value of the shares;
- that, on 14th October 2008 the defendant instructed and
approved the lending to PT. Signature Capital Indonesia
(SCI) previously called PT. KAUO CAPITAL RAHARJA, where at
about 18.30 PM, LINDA WANGSADINATA was called by the witness
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and JOKO H. INDRA (treasury Div. Head) stating that there is
a credit facility with collateral in the form of certificate
of deposit (back-to-back) amounting to Rp. 97,060,000,000.-
(ninety seven billion sixty million Indonesian Rupiah) with
collateral in the form of certificate of deposit in favor of
PT. signature Capital Indonesia (PT. SCI) in worth of US$
10,000,000.- (ten million United States Dollar) the proceeds
of which are credited to the account in favor of PT.
Signature Capital Indonesia / SCI with A/C. No.:
1041.0001007084002 with BANK CENTURY Sudirman Branch Office;
- that, KPO Senayan then prepared the Credit Approval Form
(FPK) Number 308/B-KAP/SCI/IX/08 but the defendant requested
that such FPK should be changed and made simultaneously for
all collateral changes. Such changes in collateral are as
follows:
• Change in deposit collateral value from US$ 10,000,000.-
(ten million United States Dollar) into US$ 5,000,000.-
(five million United States Dollar) plus shares in the
value of Rp. 100,000,000,000.- (one hundred billion
rupiah);
• Change in collateral value from US$ 5 million into US$ 1
million plus shares initially in the value of Rp. 100
billion, thus in total was Rp. 180 billion;
• Change in collateral into shares in worth of Rp. 200
billion;
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• Such decision of lending was the authority of two members
of Board of Directors and two members of Board of
Commissioners based on Maximum Authority Limit of Lending
Approval (BWMK);
- that the collateral of PT. Signature Capital Indonesia / SCI
which was initially a deposit in worth of US$ 10 million
with total credit facility of Rp. 97,060,000,000.- changed
into shares at gradual basis which have risk for the bank as
the value of shares fluctuates and the bank could not
control the fluctuated value of shares so that such shares
were accepted as ordinary collateral, not as main collateral;
- that, as per the prevailing procedure of lending, the
proposal and company data of Debtor are required, which
should be surveyed by the Account Officer (A/O) in order to
determine whether the prospective debtor is feasible or not
for obtaining the credit, which should be set forth in the
Credit Analysis Memorandum (MAK). Based on such MAK, a
Credit Approval Form (FPK) should thereafter be issued
signed by the management (A/O, KPO, Regional Office Head,
Credit Division and two members of the Board of Directors
and two members of Board of Commissioners). Such FPK and MAK
should thereafter be submitted to the Legal Division to be
set forth in a credit facility approval letter prepared by
the Credit Division and, a power of attorney from the Board
of Directors and approval letter of the Board of
Commissioners prepared by the Legal Division should be
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submitted to the Board of Directors through the Secretary
and should be documented and approved by the Board of
Commissioners. After that, the same should be returned to
the legal division for drafting of Credit Deed and credit
agreement by a Notary represented by KPO and Legal Division
and, after drafted credit agreement should thereafter be
submitted to the Credit Administration Function for
disbursement process;
- that, with respect to the credit given to PT. WIBOWO WADFAH
REJEKI and PT. Accent Investment Indonesia, the bank did not
conduct survey and all processes of the credit were based on
instruction of the defendant. As such, such lending deviates
from the procedure and is not documented in the business
activity report, accounting book or credit process report;
- that, given the First Gulf Asia Holding (FGAH) (previously
called PY. CHINKARA) is not a custodian institution, then
the defendant’s action of transferring the securities causes
the existence and validity of the securities were questioned
and such securities could not be disbursed by BANK CENTURY
when due date so that the assets of BANK CENTURY drops and
also gives negative impact on Capital Adequacy Ratio (CAR)
of BANK CENTURY;
Considering that in response to the clarification of the
witness above-mentioned, the defendant stated that some of the
clarification are true and some others are untrue;
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The thirtieth witness: WENAWATI LIMANTORO, who, in the court
- that, the witness knows the Defendant, has no a family
relationship with the defendant, and agrees to provide
clarification;
- that the witness known the Defendant in November 2008 at
BUDI SAMPOERNA’s home in Surabaya, when the Defendant was
visiting BUDI SAMPOERNA’s home and introducing himself as
owner of BANK CENTURY;
- that, at that time, the defendant discussed about the
foreign exchange deposit account of BOEDI SAMPOERNA. The
defendant requested BOEDI SAMPOERNA to not disburse his
deposit with BANK CENTURY and also requested BOEDI SAMPOERNA
to increase his fund or saving with BANK CENTURY as BANK
CENTURY was facing a funding problem;
- that, after the meeting on October 2008, the witness does
not meet anymore with the Defendant and on 14 November 2008
when the witness together with BOEDI SAMPOERNA went to Jakarta
picked up by HARDJADI MARTIJONO in the Airport, the witness
met the Defendant in his office in BANK CENTURY in Centra
Senayan II Building 22nd Floor, South Jakarta at around
21.30 PM as the witness departed from Surabaya at 20.00 PM;
- that, the witness knows HERMANUS HASAN MUSLIM at around 2
years ago in Surabaya and in an ordinary meeting between
Customer and BANK CENTURY. After that, the witness does not
met him anymore;
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- that, witness together with BOEDI SAMPOERNA met the
Defendant in the Defendant’s office at around 21.30 PM
discussing about the fund or Foreign Exchange Deposit and
account of BOEDI SAMPOERNA in BANK CENTURY that are either
still in force or payable to be withdrawn as at the time the
financial condition of BANK CENTURY was not longer sound;
- that, the Defendant then said that “BANK CENTURY was
suffering from liquidity problem (insolvent) and BOEDI
SAMPOERNA then consistently requested the Defendant to
disburse his assets without delay;
- that, the foreign exchange deposit of the witness Boedi Sampoerna
consists of deposit in the name of PT. Lancar Sampurna
Bestari in worth of around US$ 8,000,000.- and in the name
of personal Boedi Sampoerna in worth of US$ 8,000,000.-;
- that the Defendant advised Boedi Sampoerna to split his
Foreign Exchange Deposit into smaller groups for convenient
disbursement and at that time as no choice, we (Boedi
Sampoerna Team) agreed such ROBERT TANTULAR’s advises;
- that, after that at around 22 PM, BOEDI SAMPOERNA went home
and leaved the witness and HARIJADI MARTIJONO in the
Defendant’s office so that there were only the witness,
HARIJADI MARTIJONO and the Defendant;
- that after BOEDI SAMPOERNA went home and leaved from the
Defendant office, the witness consistently requested the
defendant to disburse/withdraw the fund of BOEDI SAMPOERNA
but the defendant consistently said that he has no fund. And
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the defendant consistently encouraged to split such fund and
the recording is transferred from BANK CENTURY-Kertajaya
Surabaya Branch Office to BANK CENTURY-Senayan Branch Office
for reason of simplification of splitting process into
smaller groups of deposit and finally the witness agreed it
as per the approval of BOEDI SAMPOERNA;
- that, the witness and BOEDI SAMPOERNA requested the Defendant
to split his deposit but remain in favor of BOEDI SAMPOERNA;
- that at around 24.00 WITZ, the witness and HARIJADI
MARTIJONO leaved the Defendant’s office and the Defendant
was still in his office;
- that, on 14 November 2008, the witness never called GANTORO
and we (BOEDI SAMPOERNA and the witness) do have no interest
to be discussed with GANTORO, and the witness several times
called by GANTORO but witness ignored it, and before the
witness arrived in the Defendant’s office, witness has once
called by GANTORO and the witness answered it. In that call,
GANTORO asked the witness if there is instruction from BOEDI
SAMPOERNA to transfer the fund of BOEDI and the witness
answered why the fund should be transferred and the witness
also did not get clear clarification about the intention of
such fund transfer;
- that, when the witness was in the Defendant office, the
Defendant called someone using his personal cellular with
on-loudspeaker which can clearly hear by the surrounding
persons including the witness. The phone conversation of the
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defendant was with GANTORO which principally the ROBERT
TANTULAR instructed GANTORO to transfer the recording of
Foreign Exchange Deposit of BOEDI SAMPOERNA from BANK
CENTURY-kertajaya Surabaya Branch Office to BANK CENTURY-
Senayan branch office Jakarta and, when the defendant was
calling witness, the witness did not speak at all with
GANTORO, but the defendant stated that MS. WENA was together
with the defendant;
- that the meeting dated 14 November 2008 was not a meeting
and the witness attended in that meeting aimed at questioning
the issue on BOEDI SAMPOERNA’s fund in BANK CENTURY;
- that, on 14 November 2008, neither letter nor documents
signed by BOEDI SAMPOERNA in respect of the transfer of
recording of fund of foreign exchange securities belonging
to BOEDI SAMPOERNA;
- that, at the request of GANTORO for reason of audit process
by bank Indonesia, the witness on 18 November 2008 at about
15.00 WITZ was requested to prepare a letter of transfer of
data of foreign exchange securities of BOEDI SAMPOERNA with
back date on 14 November 2008;
- that, the application letter for transfer of data of foreign
exchange deposit was prepared by HARIJADI and submitted to
the witness to be signed by BOEDI SAMPOERNA and after being
signed by him, such letter was faxed to GANTORO’s fax
number;
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- that, at around 17.52 WITZ the witness faxed the letter to
fax No. 031-5048356 as per the request of GANTORO via SMS to
the witness’s cellular (evidence of fax and SMS) the witness
shown to investigator when investigation process;
- that, it is true that signature on both copies of that
letter shows a true signature of BOEDI SAMPOERNA and both
letters contains date Surabaya 14 November 2008 at the
request of GANTORO.
above-mentioned, the defendant justifies it;
The thirty-first witness: HARIJADI MARTIJIONO, who, in the
follows:
- that witness had once met the met the defendant on 14
November 2008 in Plaza Senayan when the witness was
accompanying Boedi Sampoerna and witness Wenawaty;
- that at that time, the team come to ask about the status of
deposit of Boedi Sampoerna in BANK CENTURY as then Boedi
Samporna intended to withdraw his fund from BANK CENTURY but
it was difficult and lastly hear that BANK CENTURY was
facing a problem which made BOEDI SAMPOERNA become restless;
- that, at that time, the defendant was unable to answer yes
or no and was somewhat devious, but principally BOEDI
SAMPOERNA consistently requested his fund to be disbursed;
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- that, the witness does not remember how many fund of Boedi
Sampoerna where the witness remember that the fund was in
rupiah and USD currency, in total of around US$ 90,000,000.-;
- that, the meeting was attended by the witness, Boedi Samperna,
Wena and other persons the witness does not remember;
- that at around 22 WITZ Boedi Sampoerna leaved the meeting
room and at that time no agreement was achieved unless in
respect of the transfer of recording of the securities of
Boedi Sampoerna from Kertajaya Surabaya to Jakarta;
- that, the witness hear such instruction as the defendant was
calling Gantoro with on loud speaker in front of the witness
and Wena;
- that, it is true, the transfer of fund of Boedi Sampoerna
was approved in oral by Boedi Sampoerna;
- that, the witness did not know about the disbursement of US$
18,000,000.-. It was known to the witness following the
witness come to BANK CENTURY Surabaya together with Boedi
Sampeorna and the reconciliation specified a debiting
amounting to US$ 18,000,000.- and at that time the witness
directly asked Maryono but Maryono did not know about it and
then asked to Lila but Lila could not answer it and at that
time Boedi Sampoerna was aware to the debit issue;
- that the witness also known about NCD of Rp. 2,000,000,000.-
and splitting it into NCD in worth of Rp. 2,000,000,000.-
respectively was also approved by Boedi Sampoerna;
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- that, it is true that the witness also attended in the
meeting with the defendant for three (3) consecutive days;
- that, the amount of Boedi Sampoerna’s fund existing in BANK
CENTURY was still significant, namely US$ 18,000,000.- which
is still in disputable status so that it could be withdrawn;
- that, the witness does not know how many but all NCDs have
been returned;
- that the witness does not know that the defendant has
instructed a debit of US$ 18,000,000,000.- the witness also
does not know as to whether such debit was reported to
police or not;
- that, NCD in value of Rp. 2,000,000,000.- was initially
requested in the name of Boedi Sampoerna at whole but it is
unallowable, so that it was made at assignment basis whose
names were mostly supplied by Boedi Sampoerna team;
Considering that in response to the witness’ clarifications
above-mentioned, the witness justified them;
The thirty-second witness: BOEDI SAMPOERNA, BAP, his clarification
in BAP under an oath, read out before the court proceedings,
principally as follows:
- that the deposit accounts the witness opened in BANK CENTURY
– Kertajaya Surabaya Branch Office are as follows:
1) US$ Deposit in favor of PT. Lancar Sampoerna Bestari:
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No. Bilyet Nominal Amount Term
9930 US$ 5,000,000 17 Nov 2008-24 Nov 2008
9894 US$ 35,284,765.07 6 Nov 2008-9 Dec 2008
7812 US$ 1,113,317.47 27 Oct 2008-27 Nov 2008
7904 US$ 1,113,317.47 27 Oct 2008-27 Nov 2008
9929 US$ 12,200,000 27 Oct 2008-27 Nov 2008
9931 US$ 22,200,000 27 Oct 2008-27 Nov 2008
9932 US$ 11,411,829.09 27 Oct 2008-27 Nov 2008
2) US$ Deposit in favor of Boedi Sampoerna:
No. Bilyet Nominal Amount Term
9874 US$ 1,509,210.77 6 Nov 2008-9 Dec 2008
9875 US$ 1,509,210.77 6 Nov 2008-6 Dec 2008
9879 US$ 1,508,512.04 10 Nov 2008-10 Dec 2008
9880 US$ 1,508,512.04 10 Nov 2008-10 Dec 2008
9774 US$ 1,014,806.32 10 Nov 2008-10 Dec 2008
9775 US$ 1,014,806.32 27 Nov 2008-27 Dec 2008
- that, witness never instructed to withdraw US$ deposit of the
witness in the name of PT. Lancar Sampoerna Bestari and Boedi
Sampoerna existing in BANK CENTURY Tbk – Kertajaya Surabaya
Branch Office, but it is true that I gave oral approval in
respect of advises from Robert Tantular for transferring the
recording of my deposit from BANK CENTURY Tbk – Kertajaya
Surabaya branch Office to BANK CENTURY Tbk – Senayan Jakarta
branch Office for easy the process of splitting of the
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deposit into small groups. Further, at that time, on 14
November 2008 at around 22.00 WITZ in Central Senayan office
21st Floor Jakarta, Robert Tantular via phone called Branch
manager of BANK CENTURY – Kertajaya Surabaya Branch Office,
Gantoro to move the recording of the my US$ deposit;
- that, the witness agreed the advises of Robert Tantular to
transfer the recording of my US$ deposit from BANK CENTURY –
Kertajaya Surabaya branch office to BANK CENTURY-Senayan
Jakarta office as at around August 2008 when my US$ deposit
was being payable I could not withdraw them wholly and at
that time, Robert Tantular and hermanus requested me to
withdraw my deposit at monthly basis amounting to around Rp.
200 billion to 250 billion per month starting from
September, October, and November 2008 until settled, but in
that time, my deposit which I could withdraw was only Rp.
200 billion in September 2008. Further, my remaining deposit
with BANK CENTURY-Kertajaya Surabaya continually run as the
Roll Over system, until I hear that PT. BANK CENTURY, Tbk,
suffered from loss of clearing until the bank was unable to
operate, and on 14 November 2008, I met Robert Tantular in
BANK CENTURY-Senayan Central Office, 21st Floor-Jakarta
aimed at asking him about to get my remaining deposit with
BANK CENTURY. In that meeting Robert Tantular advised me
that my remaining deposit existing in BANK CENTURY should be
split into small groups of deposit so that it could be
disbursed easily and, I agreed to such advise, provided that
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the splitting must be made in the name as per the deposit
(PT. Lancar Sampoerna Bestari and Boedi Sampoerna), but
Robert Tantular advised me to use NCD (at assignment) but I
disagreed it. At that time Robert Tantular ensured that the
splitting using NCD in question was safe and guaranteed by
BI and also advised me to transfer the recording of my
deposit from PT. BANK CENTURY, Tbk,-Kertajaya Surabaya
Branch Office to PT. BANK CENTURY, Tbk,-Senayan Jakarta
office for reasons of facilitation of splitting process;
- that, on 14 November 2008, when the meeting with Robert
Tantular in his office concerning the transfer of recording
of my deposit from PT. BANK CENTURY, Tbk,-Kertajaya Surabaya
Branch Office to PT. BANK CENTURY, Tbk,-Senayan Jakarta
office, I never made application letter and at the same day
I was not called by PT. BANK CENTURY, Tbk,-Kertajaya
Surabaya Branch Office (Gantoro). At around 22.00 WITZ on 14
November 2008, I leaved Robert Tantular’s office;
- that on Tuesday 18 November 2008, my staff whose name is
Wenawati at light day got a call from Gantoro requesting for
application letter for transfer of recording of my deposit;
- that Wena thereafter informed me of such Gantoro’s request.
Wena then called my staff Harijadi to prepare such letter
and at round 15.00 WITZ on 18 November 2008 I signed the
Application Letter inquestion prepared by Harijadi (my
staff) addressed to Bank Century - Kertajaya Surabaya
Branch Office dated 14 November 2008;
317
- that, I firstly did not know but on 1 December 2008, I received
a letter from PT. BANK CENTURY, Tbk, Number: 901/Century/D/08
dated 1 December 2008 signed by Maryono (president Director)
and Ahmad Fajar (Director) concerning confirmation that all
of my deposits were recorded with the collection account of
BANK CENTURY Senayan Jakarta but there is a debit by KPO
Foreign Exchange in worth of US$ 18 million;
- that, the total amount of my deposit whose recording was
transferred from BANK CENTURY-Kertajaya Surabaya Branch
Office to BANK CENTURY-Senayan Jakarta office should be US$
96,544,572.84. After my deposit was transferred, I did not
take any actions as PT. BANK CENTURY, Tbk, has been taken
over by Lembaga Penjamin Simpanan (LPS) until I received
confirmation letter from that bank;
- that, I did not know about the debit by KPO foreign exchange
amounting to US$ 18 million and I never instructed such
debit. With the debit of my deposit amounting to US$ 18
million in PT. BANK CENTURY, Tbk,, I asked Maryono
(President Director PT. BANK CENTURY, Tbk,) about the KPO
foreign exchange debit amounting to US$ 18 million in
question. At that time Maryono called Lila Gondokusumo
asking about such debit and provided a list of detail of
attachment of Letter of PT. BANK CENTURY, Tbk, dated 1
December 2008, thereafter Lila Gondokusumo would perform
checking to the operation division of PT. BANK CENTURY,
Tbk,- Senayan Jakarta but at that time Lila Gondokusumo did
318
not go back, and at that time Maryono would give me the
clarification about the foreign exchange debit of my deposit
amounting to US$ 18 million;
- that, I was never called by nor met with Robert Tantular on
14 November 2008, the issue on his (Robert Tantular) loan to
me amounting to US$ 18,000,000.- was untrue and lie;
- that, my travel to Jakarta on 14 November 2008 and my
meeting with Robert Tantular in his office in central
Senayan II was aimed at asking about and withdrawing my
foreign exchange deposit I put in BANK CENTURY-kertajaya
Surabaya Branch Office as I declared earlier;
- that on the day and date I do not remember, but on September
2008, I completed a withdrawal form of foreign exchange
deposit above-mentioned where I requested my fund amounting
to as set forth in the form to be transferred into my own
account No. 0100008181 in BCA – Veteran Surabaya Branch
Office in rupiah currency amounting to Rp.
116,490,000,000.- and USD 9,500,000.-. After I completed
such withdrawal form I thereafter gave a power of attorney
to Nora to disburse my foreign exchange deposit in BANK
CENTURY-Kertajaya Surabaya Branch Office;
- that, at that time Lila Gondokusumo contacted me and
requested me to disburse the foreign exchange deposit by way
of Back-to-Back method, but I firmly refused it and I
consistently requested that my deposit must be disbursed and
the cash of which must be transferred to my bank account No.
319
0100008181 in BCA – Veteran Surabaya Branch Office, but Lila
Gondokusumo was fighting to request me to perform the
transfer through bank-to back method and I consistently
refused it, until at that time Lila Gondokusumo repeatedly
called me, so that by the afternoon, my deposit could be
withdrawn and transferred to my account in BCA – Veteran
Surabaya Branch Office in total of Rp. 116,490,000,000.-
Considering, whereas based on the witness’s testimony,
the accused declared that the witness’s testimony is true;
The expert brought forward by the Public Prosecutor;
Expert, WIWIT PUSPASARI, before hearing, whose oath was
administered principally testified as follows:
- That Article 50 of the Law No. 10 of 1998 regarding Banking
stipulates about the affiliated parties failing to ensure
the Bank compliance, while Article 50A of Law on Banking
stipulates about the shareholders instructing the board of
commissioners, board of directors or employees of the Bank.
- That Articles 50 and 50A of the Law contains prudential
principle.
- That the provisions of Bank Indonesia includes the
legislations as set forth in the Law on Banking.
- That the prudential principles apply to all business actor,
the shareholders shall not intervene the bank operation.
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- That in the present case, a shareholder instructs a bank’s
employee to transfer the foreign exchange deposit of a
customer and then it was debited. If viewed from the act, it
is instructing to carry out recording illegally, since the
authorized party is the customer;
- That the shareholder actually could not ask the credit
disbursement since it constitutes the bank’s operational
activities;
- That the shareholder asked the employee to take the measures
that should have fulfilled the provisions in Article A of
Law on Banking;
- That LOC is part of Bank Indonesia building provided to the
shareholder in its relation to the bank difficulty in
liquidity.
- That BI has authority to ask the bank to take the measures;
- That LOC is the implementation of Article 37 of the Law on
banking requested to the shareholder to overcome the
liquidity difficulty and its relation to the non- performing
commercial papers.
- That in the regulation of BI relating to the problem on
liquidity, the shareholder shall be responsible and it
constitutes the measures that shall be fulfilled by the
shareholder;
- That according to the opinion of the witness, the
shareholder failed to perform LOC, then such act has
fulfilled the provisions in Article 50 and Article 50A of
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the Law on Banking whether for the shareholder or affiliated
party. It is popularly called case an order namely the term
known during the banking recapitulation and constitutes the
banking measures containing anything that should be carried
out and that should not be carried out by the bank;
- That the examination process of the witness as an expert was
at first addressing the casus positio without submitting the
document and it is something common since the expert has no
obligation to know in detail the event thereby the
information gained by the expert is solely only based on the
casus positio submitted by the investigator;
- That the share is the evidence of ownership in a company or
business entity. This matters should have been set forth in
the Law on Capital Market in the law on limited liability
company;
- That the shareholder is the person having shares in a
company, in this case the person or corporate body may have
share in a company;
- That based on the information from the investigator, the
shareholder of bank century is PT;
- That if seen directly in detail, there is no the name of the
bank century’s shareholder mentioned as accused, but if
examined further, he has relation to the accused.
- That since it is the shareholding provided for in the bank
regulation, BI has authority to request for the detail of
its ultimate shareholder.
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- that there must be supporting documents used by BI,
therefore BI values considers that Defendant is shareholder
of Bank Century;
- that accusation of Prosecutor declares that as shareholder
of bank century is correct because Prosecutor certainly
refer to other supporting documents;
- that bank can provide funds in form of credit or through
purchase of commercial papers but it must be in compliance
with BI regulation;
- that it is true that commercial papers purchased is not
necessary to be reported to B.I;
- that the regulation of Bank Indonesia regarding the quality
of productive assets provides requirements on commercial
papers which can be owned by Bank namely in PBI No.
7/II/2005;
- that in relation to purchase of SSB made before the
effectiveness of the regulation, the regulation shall not
effective retroactively.
- that there are measures relating to ownership of Commercial
Papers, not purchase of commercial papers.
- that if commercial papers disturb liquidity, shareholders
shall be demanded for their accountability;
- that in managing commercial papers bank shall pay attention
on its risk level;
- that CDO is addressed to directors not shareholders because
it is related to bank operation;
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- that the essence of Article 37 of Banking Law concerns with
prerogative right of Bank, not all must be followed but only
correct measures must be taken;
- that regarding considerations of BI why Bank century was
taken over are as follows:
1. Psychological reason, namely the effect of global crises;
2. Bank Century is systemic bank it means that the closing
of Bank Century will cause wide impact, because many
transactions between Bank Century with equivalent banks;
- That regarding LPS which gives 35 days period since November
21, 2008 but on November 25, 2008 Defendant was detained,
the witness explained that the period of 35 days by LPS is
related to recapitalization, whereas Defendant was detained
relating to nonperformance of measures;
- that the witness is expert in banking law and witness is of
the opinion that banking criminal action, it is material
truth to seek for;
- that proving in legal banking tends to be formal;
- that LOC cannot stand by itself but the chronology of the
LOC should be observed;
- that LOC dated October 15, 2008 and November 16, 2008 is
about the commitment of shareholders relating to liquidity
issue;
- that in reference to LOC formulation, LOC is signed by 3
(three) people therefore LOC becomes the responsibility of
the signatory. It is necessary to look out whether the
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measures have been taken, it is related with the principle
of prudence;
- that measures shall mean a process, in relation to this
process reasonable timeframe should be given in term of
public interest but it must be in compliant with provisions,
procedure and policies;
- that a bank is declared failed clearing if the liability to
be settled through clearing institution is bigger than the
amount received from transacting counterpart;
- that in supervision stage, there is procedure to determine
whether a bank is to be put under receivership or special
supervision;
- That in the frame of credit/financing, bank shall conduct
thorough analysis to identify the capacity of debtor in
repay its credit;
- that if bank does not conduct analysis, it shall be subject
to Article 50 of Banking Law.
- That in the frame of credit issuance, collateral shall not
necessary be required, the most important thing is that Bank
has strong belief or not that debtor can repay the loan;
- that in relation to the collateral, shares can also be used
as credit security, but it must be done with procedure;
- that Repo means right to buy back;
- that it is true that every year there is verification by BI
and there is monthly report so it is easy for monitoring;
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- that BI always monitor bank directors and they shall report
on any change;
- that there is fit and proper test mechanism to occupy post
of bank directors;
- that it is true there is compliance director to ensure that
bank is not in violation against regulations and performs
commitment;
- that majority shareholders may be occupied by foreign
shareholder up to 99% as we still need more capital.
Expert witness ARUS AKBAR SILONDAE, S.H., LLM, under oath in
principle declared as follows:
- that Article 50A of Banking Law is affiliated party which
does not direct board of directors to comply with bank
regulations;
- that the purpose of prudence principle is to direct bank to
minimize risk faced by management, commissioners and
directors. Whereas prudence principle to be implemented by
shareholders is as contained in the provision of Article 50
and 50 A of Law No. 10 year 1998 regarding Banking.
- that in relation to procedure of credit issuance every bank
owns S.O.B where each bank has its own procedure, but
usually starting with application, then proposed to Account
Officer and then forwarded to credit committee, then
analysis is taken to know the capacity of debtor,
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business/prospect, collateral and value of collateral, then
if approved followed by binding.
- that essentially, everything done by shareholders shall
comply with SOB;
- that if breach is committed by shareholder, then PBI clearly
mentions who is defined as bank management, commissioners
and directors;
- that in accordance with the provisions of Article 50 A of
Bank Law, if shareholder orders Directors to do action which
may cause loss the sanction shall be as provided for in this
article;
- that the duty of Bank Indonesia is to do guidance for all
banks, during which there may be warnings if the action of
directors and commissioners cause harm to bank and B.I shall
instruct to stop the action (decist and Order).
- that in case of noncompliance with Bank Indonesia then
nonperformance of LOC can be considered as violation;
- that even though LOC is requested by Bank Indonesia, Bank
Century shall perform it as instrument of supervision;
- that every credit needs security of business prospect and
collateral and in this case public share can be used as
collateral;
- that Repo shall mean bonds issued with agreement that at
time they can be bought back by the issuing party and bank
can make “Repo”,
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- that to the knowledge of the witness, there is no special
arrangement on the transfer of “repo” into credit but the
witness has no mastery on it;
- that regarding shareholder on bank “lex specialis” it means
there is representative on behalf of the company which has
full control over the company. Whereas regarding this issue
there is PBI which regulates it and it can be identified the
shareholder which controls the bank;
- that seen formally the shareholders of Bank Century act on
behalf of the company but in banking who is responsible and
control the company;
- that the controlling shareholder can also have shares of 25%
but has influencing votes;
- that controlling shareholders and common shareholder have
difference in the number of shares owned and controlling
shareholders can at anytime be summoned by BI to ask for
information and accountability;
- that Article 37 or Article 27 A of Banking Law regulates the
obligation of shareholders namely the obligation to increase
capital namely majority shareholders and controlling
shareholder;
- that in relation to the accusation of Prosecutor there is
term “case practice” in banking sector namely based on
general practices and legal basis the making of LOC is
common in guidance mechanism by BI;
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- that regarding procedure of SSB purchase is through security
institution and bank may purchase SSB from international;
- that SSB with no rating is considered as junk SSB because if
sold there is no party interested to purchase and bank will
have difficulty in liquidity;
- that if SSB purchase caused loss, the parties to be held
responsible are directors and buyer, who commits shall be
held responsible;
- that expert knows about escrow account namely if bank
collapses and will be liquidated, escrow account will be
made. Before bank collapses, then there is no escrow
account;
- that based on the provisions of Article 50 the measures
shall mean instructions/guidance, decision to perform,
process in certain period, but some are of urgency;
- that it is true in relation to the commitment there should
be grace period to perform the commitment, in banking
sector, if not specified, it depends on whether there is
public interest;
- that “Decist And Order” is common practice containing
instruction to stop to do violation, if regarding the
commitment, the commitment shall be performed;
- that Decist And Order is addressed to controlling
shareholder, it should be observed who gives
influence/intervention and this can be done by appointment;
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- that affiliated party means parties outside directors/
commissioners but capable of influencing shareholders,
family, wife which can influence directors in policy making;
- that actions done by BI is to conduct supervision and take
special measures;
- that in conducting its supervisory duties B.I only check
formal aspect in the report, unless if there is abnormality.
In case of abnormality audit will be done;
Experts proposed by legal adviser of Defendant (a de charge);
Prof. Dr. NINDYO PARMONO, S.H., before the hearing, under oath
principally declares as follows:
- that the witness is Professor at FH UGM, with specialization
of Banking Law, investment law, Capital Market Law and
Corporate Law;
- that in general, theoretically corporate legal entity can be
a subject of criminal case. Now it is known as corporate
crime, namely a crime committed by corporation, corporation
in legal science shall also serve as subject of law such as
person, in legal terminology, legal subject is non-human
person, in Dutch language, it is called naturelijk person
which is opposite with recht person or legal entity, legal
subject of corporation is categorized as recht person;
- that legal subject can commit crime and in its development
now there is what is called corporate crime;
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- that corporation can commit criminal act and is subject of
criminal law;
- that the criminal proceeding against corporate body from
available references and literatures, usually the sentence
applied to corporate is in form of fine because corporation
is not legal entity of non natural person, corporation as
subject of law is creation of law which is acknowledged as
subject of law such as person;
- that in some practices accountability will be sought from
board or executive of the corporation, if so, theory of
legal entity/corporate body will apply, if the board of the
corporation is under “intra vires” which means that their
act is still in compliance with rule, articles of
association and business judgment rule, then the Board of
Directors shall not be held responsible, but if directors is
under “ultravires”, the Directors shall be held responsible
for crime. But if we talk about corporation, the sentence is
in form of penalty because it is impossible that corporation
gets into jail, if Directors acts still under “intravires”
track and there is wrongdoing by the corporation itself,
then sentence is in the form of penalty. If directors is in
line with “business judgment rule”, then there my arise loss
to third party, and this is the responsibility of the
corporation, directors shall not be held responsible;
- that corporate body cannot be directly connected with
personal board/directors because the capacity of directors
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is to represent for and on behalf corporate body within and
outside the court;
- that if crime committed by corporation is then sentenced to
pay penalty it is the corporation which must pay the penalty
from the assets of the corporation;
- that if directors is still in line with intravires track,
directors acts for and on behalf of its corporation, but if
it can be proved that directors are beyond intravires track,
directors personally shall be held responsible for their
crime;
- that in UUPT, shareholders shall be responsible to the
extent of the amount of shares owned, it is the basic
principle, but if a shareholder participates in committing
corporate crime, shareholder may be held responsible
personally, if shareholder is not involved and directors are
under intravires, then corporation shall be held responsible;
- that article 50 of Banking Law is interesting discussion
because in the standpoint of legal theory, it is categorized
as “blanked norm” or obscured norm, there is Dutch legal
expert Yan Vangkissen call it “open norm” translated by
Prof. Sidharta from University of Parahyangan with obscured
or open norms;
- that one of the examples of open norm is the existing
provision of “not ascertaining measures toward obedience to
legislations”. The juridical standard of these measures is
significantly difficult. Other example of blanked norms is
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good faith, whereas in banking Prudential Principles are
well-recognized. This shall be an blanked norm that includes
performing measures. It is called measures because it
constitutes some measures (not only a single measure). When
the question is if it is a process in performing bank
standards and the answer is yes, then it is a process.
Therefore, in law theory, blanked norm largely depends on
the wisdom of the judge in filling out such blanked norm;
- that explanation on article 50 of such banking law only
specifies sufficient clarity, but when further observation
conducted, matters other than the measures mentioned in the
provisions of Article 50 are blanked norms, whereas the word
“obedient”/obedience itself is a blanked norm as there is no
standard to indicate a person obedient;
- that the non-performance of measures due to certain issues
is not always included in the qualification of Banking Law
article 50, so in law, such norm is called blanked or open
norm. Then if the question is whether there should be a
process, the answer is yes, and whether there is Bank
Operating Standards, the reply is yes as well;
- that according to Leden Marpaung, S.H. in his dissertation
concerning banking crimes, he recognize what is meant by the
measures themselves is from obedience to planning to the
performance in accordance with organizational or managerial
structure of the corporation. Even this has not explained in
details as it should observe the factual occurrence;
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- that in order to find out whether the non-performance of a
commitment by the commitment maker having been included in
the provisions of Banking Law article 50, then prior
observation should be made on the content of such
commitment, then if only one non-performed commitment is
included in Banking Law article 50, in my opinion, it is a
blanked norm. Since it is only 1 commitment, so it is only
one temporary commitment while what is meant in article 50
is not only one measure only, in which it is firmly stated
measures. One non-performed commitment means only one
measure and so I consider such excluded from Banking Law
article 50 as it is a process;
- that “Open Norm” in law and according to the experts of law
tends to be excessive, whereas Prof. Dr. Romli thanks that
it is a trawling article, meaning that any smoothest non-
performed measure may be trapped in such article. Therefore
in case of open norm, judicial wisdom is necessary;
- that one non-performed commitment means only one measure, so
that I consider such event excluded from Banking Law article
50 since what is meant in article 50 is non-performance of
measures toward bank obedience and legislations;
- that other examples of Open Norm are proper and appropriate.
These are contained in Article 1338 & 1339 of the Civil
Codes. The criterion for these proper and appropriate cannot
be provided with the same benchmark, in which our civil
codes uses the terminology of article 23 AB, namely
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appropriate or not, measured by public order and morality.
In corporation context, the standard of Article 1339 may
apply, namely ‘fit’ standard, in which the standard is
management. Suitable in corporation may refer to Article
1339 (Fit), Article 1338 (good faith) and Article 1365
(Against the law). In case of excluded from the path of
action against the law, it means such action is proper.
- that the standards of proper and appropriate in corporation
shall be in accordance with normal standard of management,
whether in normal condition a corporation may perform its
commitment. Otherwise, such available time shall be
inappropriate;
- that to the best knowledge of the witness, there has been no
limitative law declaring that by the non-performance of
commitment, then the relevant has fulfilled the provisions
of article of Banking Law, because to the best knowledge of
the witness the regulation in such banking law is still
blanked norm and not “lex certa” or firm principles, not
“open norm”;
- that according to such illustration in which an individual
has made a commitment and provided with time to perform such
commitment, then after awhile is also given an opportunity
by competent authority to participate in recapitalization
but before the expiry of deadline the commitment maker is
arrested, preventing the individual from performing such
commitment. Then in my opinion, there is a condition of
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suspension/deadline considering the time provided for the
commitment maker to perform manajerial measures for
corporate improvement since before the accomplishment or
performance during which time, there has been an action from
law enforcement. Therefore, the non-performance of such
commitment shall not be the fault of the commitment maker
and the proper standard shall be the deadline instead of
being arrested on the halftime. In my opinion, it is not
included in the trap of Banking Law article 50;
- that in our civil law theory, the commitment to enter into
unilateral agreement is like a grant. With regard to this
commitment, there are 2 (two) theories. First, when such
commitment is proposed by other individual, agreed and
signed, it means that the individual recognizes the content
of the commitment, unless otherwise proven to involuntary
agree on such commitment, but it would be difficult to prove
cancelled agreement due to dwang, dwaling, bentroght
(fallacy, manipulation and mistake). In the new theory,
there is a principle of Misbruiv van opstandheid, or abuse
of circumstance, which is the maker of letter of commitment
may claim for its nullification due to the abuse of
circumstance from other individual enforcing the commitment
to be signed;
- that in the context of banking, the standards of proper and
appropriate shall be management. If there is a remaining
time for deadline but it has been prevented halfway, then it
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shall not be included in Banking Law article 50, namely non-
performance of measures toward bank obedience;
- that “Nullus Testis Ullus Testis”, or one witness is no
witness, is a general principle. If banking law as lex
specialis has not regulated itself, then referring to the
principle of lex specialis de rogat legi generali and to the
best I know that banking law does not regulate a principle
of one witness is no witness, so that it shall refer to the
general principle;
- that in the event that an individual makes a letter of
commitment and such individual cannot perform the
commitment, then it shall be included in civil law area
since it is a unilateral agreement, in which the non-
performance shall lead the other party to file a claim;
- that the difference between regular and controlling
shareholders is that the controlling shareholder, also
called as bank owner, is the individual capable of
controlling the corporation, which according to the Bank
Indonesia constitutes minimum 25% shares, while the regular
shareholder is the individual not holding a portion of
shares in such percentage;
- that the responsibility to increase equity in accordance
with the provisions of Banking Law Article 37, is
practically the responsibility of the controlling
shareholder frequently called as the owner;
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- that Robert Tantular was mentioned as the shareholder of PT.
Bank Century while the fact is that the shareholder of PT.
Bank Century is a corporation, then the mention of Robert
Tantular as the shareholder of PT. Bank Century as in such
indictment is inappropriate;
- that the affiliated parties in Banking Law include board of
directors, board of commissioners and shareholders of the
corporation and their family one lineage degree upward and
sideward;
- that the shareholders may be drawn into criminal responsibility
when satisfying the criminal elements of banking law;
- that for the purchase of foreign securities, Bank Indonesia
sets out requirements for qualified banks. Bank Indonesia
holds a list of good-rating banks;
- that in its capacity as bank supervisor, Bank Indonesia is
authorized to order withdrawal the securities subscribed in
foreign countries to increase additional equity and others
as contained in the provisions of Banking Law article 37;
- that the affiliated parties in Banking Law are potentially
harmful for being non-transparent to public. However, an
affiliation between bank and its guarantor and its
shareholders is allowed under the conditions that is should
be disclosed to public. This is only in relation to
discloser principal and conflict of interest, but the
standards remain on public’s or customer’s interest;
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- that the guarantor in Banking Law is excluded from
affiliated parties and Guarantor cannot be included in the
category of individuals rendering their service;
- that to the best I know, there is no restriction in the
Regulation of the Bank Indonesia (PBI) on subscribing
securities abroad, only that in relation to bank worthiness,
the bank should be those in compliance with rating criteria
designated by Bank Indonesia;
- that the prudential principles based on theory is not
absolutely on account of banks. Prudential Principles applies
for commercial banks as in bank confidentiality principles;
- that concerning whom capable of withdrawing securities
subscribed abroad then it is necessary to make prior
observance on the form of the relevant securities. There are
only 3 (three) form of securities, namely registered, bearer
and book-entry. If it is registered securities, then those
authorized to withdraw shall be the individuals whose name
is contained in the securities;
Considering, that at the expert information, the defendant
declares that the information is correct;
Expert witness, Dr. Edward Omar Sharif Hiariej, SH, M.Hum.
before the court under oath principally explains as follow:
- that the witness is a support in the Faculty of Law Gajah
Mada University specialized in criminal codes and special
criminal law;
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- that principally legal subject convictable in criminal law
is individual. However, in its development, legal subject is
not only an individual (naturelijk person) but also recht
person (legal entity);
- that in case of crime performed by a legal entity, the
sentence shall be aimed at the corporation or legal entity
either in form of cooperative, foundation, or company;
- that in the corporation convicted a crime, the subject
serving the sentence shall be the guilty individual(s)
committing such crime or organs of the corporation;
- that sentence of the crime committed by a company shall not
always aimed at its board of directors or management. In
corporate crime liability, there are 5 (five) theories.
First, strict liability, which is an absolute liability
where the criminal liability does not consider the elements
of abuse. Second, vicarious liability, which is a substitute
liability in which an individual holds liable for the crime
of others. Third, identification theory, which is an
individual action considered as “directing mind” may be
related to a corporation or legal entity. Fourth,
aggregation theory, which is inter-related actions from a
group of individuals in a legal entity incurring liability
on the corporation. Fifth, corporate culture model, which is
the original purpose of a legal entity as of its
establishment is to commit a crime, or also called organized
crime. Therefore, a director in a corporation does not
340
always hold the liability. There should be a prior
observance on the corporate liability. In Indonesia, the
applicable theory is identification theory, meaning that
there should be sorting out the action of the manager
whether acting as an individual or a representative of the
limited liability company;
- that banking law is specifically addressed to affiliated
parties, shareholders, board of directors and board of
commissioners. Shareholders shall not always constitute
individual, while legal entity may constitute shareholder as
well. When a legal entity is the shareholder, then in
identification theory, the conviction should sort out
whether it is an action of legal entity or individual. If
the context is legal entity as the shareholder, then
conviction should be addressed to the legal entity.
Otherwise, it should be firmly stated that such individual
is acting for and on behalf of the said legal entity, in
accordance with Criminal Codes Article 143 containing
material requirements and formal charge;
- that in this case, since the shareholder is a Limited
Liability Company, then conviction should be addressed to
the Limited Liability Company. Yet, if such conviction is
addressed to individual, then it should contain ‘on behalf
of the company’. Based on identification theory, it is
required that there should be a firm denomination on the
capacity of the convicted individual;
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- that if a corporation is decided to have committed a crime
and sentenced a fine, then the one to pay the fine shall be
the corporation or legal entity;
- that legal entity as a legal subject is not regulated in
Banking Law but in this case, it can be an interpretation
that a legal entity is principally a legal subject as well;
- that the definition of witness in Criminal Codes is an
individual explaining what s/he saw, heard and experienced
her/himself before the court and under an oath;
- that if a minutes is only read out and not under oath, it
does not comply with the evidentiary force;
- that the witness evidentiary force read out in the
proceeding having taken an oath during verbal proceeding
with investigator is “Pro Justicia” as item of evidence. If
a legal advisor objects the evidence as being unable to draw
the truth from the relevant witness, in my opinion, it
should be recorded in the minutes;
- that witness information read out without an oath does not
have evidentiary force. In this case, the judge may take
advantage of it as an information to enhance its faith;
- that the measures as referred to in the provisions of
Banking Law article 50 is a procedure/phase/process
consisting of several actions, not merely a single action;
- that if only one action not performing commitment, then it
is insufficient to say not performing measures unless there
are any other measures not performed thereafter;
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- that the nature of criminal law is ultimatum remidium,
meaning that criminal process may be performed if other
phases fail to perform. If a commitment provides a
requirement of suspension, then there should be a time for
the commitment maker to perform the same. If after the lapse
of which the commitment remains non-performance, then the
legal proceeding may apply;
- that the principle of unus testis nullus testis, or one
witness is no witness shall be applicable only if there is
any other item of evidence or minimum bewij (minimum
requirements of item of evidence), namely 2 (two) items;
- that banking criminal also apply the principle of “faith
material”, which is the material truth of facts related to
the elements of convicted crime, therefore it is necessary
to seek for material truth;
- that concerning MoU between investigator and Bank Indonesia
with regard to existing report of investigation, if there is
such commitment, then it should be done when it concerns the
process of banking crime investigation;
- that article 50 and article 50A of Banking Law is recognized
by “blanked norm”. These articles do not comply with the
principle of “lex certa” or firm regulation. It is also
known as strict article;
- that the element of “order” in Banking Law article 50
differs from the element of “ordering to do” in Criminal
Codes. In Banking Law Article 50, ‘order’ may mean a
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positive action, which means ordering to do something, and
negative action, or ordering not to do something. Whereas
the element of “ordering to do” meant in Criminal Codes, in
the opinion of Prof. Mulyanto, more appropriately refers to
recommending;
Considering, that at the expert information, the
defendant declares that the information is correct;
Considering, that the defendant, ROBERT TANTULAR, MBA,
principally in the proceeding declares as follow:
- that the defendant worked at Bank C.I.C as of 1990’s to June
2000, in which during 1990 to 1992 the defendant served as
director and thereafter on June 1992 to 2000 the defendant
served as president director of Bank C.I.C, and after the
defendant resigned from Bank C.I.C in about 2000, the
defendant has been working at PT Century Mega Investindo as
a director to date;
- that concerning shareholding of PT. CMI in Bank Century, the
defendant explains that at beginning, the shares of PT. CIM
in Bank Century was only 4%. Then, on June 2007 at the first
right issue, PT. CMI paid another capital and so the shares
of PT. CMI increased into 9% until taken over by Deposit
Insurance Corporation (LPS);
- that the shareholder of PT. CMI is PT. Citra Serasi Abadi,
owned by the older sibling and mother of the defendant;
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- that generally the defendant never attended the meetings
held by Bank Century unless the meetings in which the
defendant is invited;
- that PT. Bank Century, Tbk is a bank resulted from merger
between Bank Pikko, Bank Danpac and Bank C.I.C in around
2004;
- that the shareholders of PT. Bank Century is FGAH as
controlling shareholder owned by Rafat Ali Rizvi and Hesyam
al Waraq, Clearstream, PT. CMI, PT. Antaboga Deltasekuritas
and public;
- that the defendant is acquainted with Hesyam Al Waraq as of
December 2004 and acquainted with Rafat Ali Rivzi as of
1997, acquainted with Tariq Khan as of 2004 because the
relevant is a representative of Rafat Ali Rizvi, and
acquainted with Hermanus as of 2004;
- that it is true the defendant always participates in annual
general meeting of shareholders held on June every year,
namely in 2005, 2006, 2007 and lastly in 2008 and at which
meeting the board of directors reported to the shareholders
concerning the bank’s condition during 1 (one) year;
- that the defendant never ordered to debet the fund of Boedi
Sampurna amounting US$ 18,000,000;
- that it is true on October 13, 2008 the defendant met and
conversed with Dewi Tantular and it was informed that there
was a loss of foreign exchange in Bank Century, and the
director of treasury had fled so that Dewi Tantular
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requested assistance from the defendant to cover the loss in
foreign exchange amounting US$ 18,000,000;
- that approximately on June 2008 Boedi Sampurna intended to
make a considerably large fund withdraw because it was a
harvest time for tobacco and so Boedi Sampurna wanted to use
the fund for purchasing tobacco. However, because it was a
global crisis and Bank Century had liquidity problem, the
bank suggested that such deposit withdraw by Boedi Sampurna
to be done gradually, which was in monthly basis for Rp.
200,000,000,000;
- that such transaction had been made several times with
approved amount, namely Rp. 200,000,000,000 per month, but
due to liquidity problem, Bank Century was no longer able to
pay Boedi Sampurna;
- that thereafter on October 8, 2008 the defendant together
with the vice president director of Bank Century, HAMIDY,
went to Surabaya to meet Boedi Sampurna at his residence;
- that at which time, HAMIDY explained that Bank Century had
been unable to make more payment and HAMIDY suggested Boedi
Sampurna to become shareholder and to submit capital in Bank
Century, but it was refused by Boedi Sampurna;
- that due to liquidity condition of Bank Century that kept
worsening, then approximately on October 2008 Bank Century
filed an application to Bank Indonesia for a short period
loan facility. Since it did not receive immediate response
from Bank Indonesia, the liquidity condition of Bank Century
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worsening that eventually on November 13, 2008 Bank
Indonesia announced that Bank Century lost clearing and
there was “rush”;
- that thereafter on November 14, 2008 Boedi Sampurna sent a
representative from its company named RUDI SORAYA to meet
the defendant at defendant’s office at around 13:00 WIB;
- that the arrival of RUDI SORAYA the said was in term of
discussing the measures to save Boedi Sampurna’s fund;
- that Rudi Soraya then provided several alternatives, among
others the deposit of Boedi Sampurna could be used to buy
the assets of Bank Century, or such deposit could be split
up into small nominal amounting Rp. 2 billion and so if the
Bank collapses or taken over by LPS, then such fund could be
covered up. Among the two alternatives, the defendant also
proposed a suggestion that the defendant, together with Dewi
Tantular, wanted to lend the fund belonging to Boedi
Sampurna amounting US$ 18,000,000;
- that thereafter Rudi Soraya informed such matter to Boedi
Sampurna via telephone and Boedi Sampurna approved both
suggestions, namely to split up his deposit into small
nominal as well as to provide a loan to the defendant and
Dewi Tantular amounting US$ 18,000,000 to cover the loss in
treasury section so that for such implementation, Rudi
Soraya requested Boedi Sampurna to come to Jakarta, and at
which time Boedi Sampurna said to come to Jakarta for
further implementation;
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- that at that night, Boedi Sampurna together with a team
comprising of 4 (four) people came to defendant’s office at
about nine thirty in the evening;
- that thereafter of several available alternatives, Boedi
Sampurna agreed to split up his deposit into small nominal
as well as agreed to provide a loan to me and Dewi Tantular
amounting US$ 18,000,000 and so at that time, me and Dewi
Tantular signed a promissory note as an early measure and
thereafter other deeds would be prepared by notary public;
- that in order to facilitate the process of such deposit
split up, then the defendant suggested Boedi Sampurna to
transfer the fund to Central Bank Century because split up
could only be performed in which the fund was saved, and
then Mrs. Wena, one of team members of Boedi Sampurna
contacted Gantoro and requested to transfer the fund
belonging to Boedi Sampurna to the central;
- that it is true the defendant called Michael Chung and
informed that there would be a fund transfer belonging to
Boedi Sampurna from Kertajaya branch to the central office
and requested that Michael Chung assisted the process and
because all board of directors was having a meeting at the
Bank Indonesia, then Michael Chung sent a fax to the
defendant containing an approval for such transfer, which
after having been signed by the defendant, the approval was
re-sent to Michael Chung but the request was not performed
by Michael Chung;
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- that the person who called Gantoro instructing such fund
transfer was Mrs. Wena, ordering that the fund of Boedi
Sampurna to be transferred from Bank Century of Kertajaya
Branch in Surabaya to Bank Century of Senayan Branch in
Jakarta, thereafter it was Gantoro who ordered Michael Chung
and it was performed by Michael Chung;
- that the defendant never called Tan Ie Tung and ordered to
debet the fund of Boedi Sampurna amounting US$ 18,000,000,
and whereas the defendant once called Tan Ie Tung was when
the defendant inquired whether the fund belonging to Boedi
Sampurna had been transferred to the central or not and at
which time Tan Ie Tung replied that there had been no entry
fund;
- that the defendant did not ordered the board of directors,
board of commissioners and bank employees to provide credit
to PT. WWR and PT. AII;
- that to the knowledge of the defendant, the credit to both
corporation had through the bank’s procedures, because based
on the report received by the defendant from the board of
commissioners, such credit had been approved and there had
been a collateral for such credit;
- that the defendant as a shareholder had never involved in
the operational of the bank;
- that to the knowledge of the defendant, the credit to PT.
WWR amounting Rp. 121,306,440,000 approximately on December
2007 was not a new credit, but a renewal credit from
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repurchase facility provided by the bank in relation to the
sale of Banca Popolare securities in Milano on November 30,
2006, which on about its due, on November 29, 2008 PT. WWR
applied for renewal of such credit facility and also
requested that the credit formerly in dollar amounting USD
13,297,500 was converted into rupiah;
- that finally on about early December 2007, the board of
directors of Bank Century approved such proposal and the
credit of PT. WWR formerly amounting USD 13,297,500 was
converted into rupiah amounting Rp. 121,306,440,000 and so
in relation to the booking of credit plafond amounting Rp.
121,306,440,000, there was no money out;
- that in relation to credit to PT. AII, the debtor was Tariz
Khan who is also familiar to the board of directors of Bank
Century as of 2005;
- that the credit to PT. AII amounting ±Rp. 60,000,000,000 was
guaranteed with shares having market value of ±Rp.
120,000,000,000;
- that at the beginning the credit was liquid, but it turned
out that some portion of shares warranted by Tariq Khan the
said was owned by the customers of PT. Signature Capital
Indonesia used without due acknowledgement by its customer
and so finally Mr. Tariq Khan was reported by the President
Director of PT. Signature Capital Indonesia and was arrested
so that eventually the credit from PT. AII was harmed;
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- that the principal issue Bank Century was on securities
owned by Bank Century of which the Bank Indonesia already
recognized since 2005;
- that Bank Indonesia frequently warned the management and
controlling shareholder, namely Rafat Ali Rizvi and Hesham
Al Waraq, until finally approximately on February 2006, Rafat
Ali Rizvi through Telltop Holding Ltd signed an Asset Management
Agreement (AMA) with the management of Bank Century
containing to guarantee the securities of Bank Century owned
by the bank to be liquefied 100% at due date. The Telltop
Holding would pay to Bank Century in case of default.
- that Telltop guarantees such payment by subscribing a
deposit of USD 220,000,000 in Dresdner Bank Switzerland;
- that such AMA matter had been reported to Bank Indonesia;
- that the global crisis was very much influential to the
liquidity condition of Bank Century because as of August
2008 up to November 2008, there had been fund withdrawal
from several large customers, in addition to State Owned
Enterprises (BUMN) withdrawing their fund due to instruction
from the State Minister of BUMN to transfer their fund from
private bank to government bank;
- that on November 13, 2008, Bank Century was announced to
lose clearing and there was ‘rush’;
- that it is true on October 15, 2008 the defendant together
with Hesham Al Waraq and Rafat Ali Rivzi was called by Bank
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Indonesia and at such meeting an LOC had been prepared for
signing by shareholders;
- that at which time the defendant once objected to sign and
protested Zainal Abidin as the Director of Supervisory I
Bank Indonesia because securities were not the liability of
the defendant, but of FGAH as commitment contained in AMA,
but Zainal Abidin insisted and said that refusal to sign and
being non-cooperative would result in Bank Indonesia closing
Bank Century and so finally the defendant as the president
director of PT. CMI involuntary signed such LOC;
- that on November 16, 2008 there was an agreement between
Bank Century and PT. Sinarmas Multiartha Tbk as prospective
investor of Bank Century and at that moment a Letter of
Intent was signed and on the same day, Bank Century together
with Sinarmas Multiartha reported to Bank Indonesia and met
Mrs. Siti Fadjriah, Budi Rohadi, Zaenal Abidin and Heru
Kristiyana;
- that in fact on the same time, the defendant, together with
Rafat Ali Rizvi, was requested to sign another LOC dated
November 16, 2008;
- that thereafter on November 25, 2008, the defendant was
arrested and apprehended in Police Headquarter based on the
report of non-performance of such LOC;
- that it is true the defendant went to Singapore to seek for
new investor but the defendant returned to Indonesia in good
faith to resolve the issue of Bank Century even though the
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defendant had received information of being banned at the
request of the Minister of Finance;
Considering, that based on information from witnesses,
evidences, expert information and expert information, as well
as Defendant information before the court, it can be concluded
that there is a legal fact principally as follow:
Background of the Problem at PT. Bank Century Tbk;
- that the shareholders of PT. Bank Century, Tbk:
1. Clearstream Banking S.A Luxembourg ------ amounting 11.15%
2. First Gulf Asia Holding Limited ---------- amounting 9.55%
3. PT. Century Mega Investindo -------------- amounting 9.00%
4. PT. Century Super Investindo ------------- amounting 5,64%
5. Public ---------------------------------- amounting 64.65%
- that the controlling shareholders of Chincara Capital Ltd,
PT. Chincara Capital Ltd are Mr. RAFAT ALI RIZVI, and Mr.
HESHAM AL WARRAQ;
- that the president director of majority shareholders, PT.
CENTURY MEGA INVESTINDO, is the defendant Robert Tantular;
- that the owner of controlling shareholders, First Gulf Asia
Holding Ltd (FGAH), is Mr. HESHAM AL WARRAQ;
- that during the period of 2007 up to before taken over by
Deposit Insurance Corporation, both controlling shareholders
and majority shareholders remained the same;
- that in 2004 there was a merger between Bank Pikko, Bank
Danpac and Bank CIC, combining into PT. Bank Century Tbk;
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- that the composition of board of directors of Bank Century
on October 2005 was HERMANUS HASAN MUSLIM (President
Director) and HAMIDY as Vice President Director, LAURENCE
KUSUMA (Director of Treasury and International), EDWARD
MANDAHAR SITUMORANG (Director of Compliance);
- in 2003, Bank CIC had in its possession harmful securities
amounting 240 million dollar;
- that
- that after merger in 2005, Bank Century was audited by Bank
Indonesia and it was found harmful securities amounting USD
203.4 million;
- that the securities owned by Bank Century was not in
compliance with the provisions of Bank Indonesia and so it
was included as bad;
- that on October 13, 2005 Bank Indonesia called the
shareholders, board of directors and board of commissioners
of the bank to resolve such securities by cash selling;
- that it turned out that on October 17, 2005 the relevant
securities was not sold in cash but submitted as collateral
to FGAH in purpose of getting a loan of USD 40,000,000
provided for 1 (one) year period from Bank ABN AMRO DUBAI;
- that on October 18, 2005 the securities amounting 50 million
was transferred to FGAH, and on March 2005 another 15
million and to date, such securities has due and not
returned. The money has not been paid to Bank Century as
well;
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- that the securities submitted for collateral to FGAH are:
amounting USD 30,000,000 due on November 03, 2008;
2. Nomura Bank International PLC CD’S Linked Notes
amounting USD 10,000,000 due on December 09, 2008;
3. Westdeutsche LB AG London CD’S Linked Notes amounting
USD 10,000,000 due on February 26, 2009;
- That after several failures of transaction, which are FGAH
shareholders did not pay a fund amounting USD 40,000,000 for
securities amounting 50,000,000 being in warrant, then an
Asset Management Agreement (AMA) was made on February 17,
2006 between Bank Century and Telltop Holding Ltd
(affiliation of FGAH appointed by FGAH principally stating
that Telltop Holding Ltd would provide a fund amounting USD
220,000,000 in Dressner Bank (Switzerland);
- That the Asset Management Agreement (AMA) signed by the
LAURENCE KUSUMA, HAMIDI, EDWARD M. SITUMORANG, SULAIMAN AB,
RUSLI PRAKARSA, POERWANTO KAMSJADI, ANWARY S. was non-
performance and Telltop Holding could not fulfill the
request of Bank Century to provide a fund amounting USD
220,000,000;
- That on March 21, 2006 defendant HERMANUS HASAN MUSLIM
together with board of commissioners and board of directors
had agreed the sales of securities (SSB) in form of National
Australia Bank London CD’s amounting USD 15,000,000 (fifteen
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million dollar) to custodian Total Plus Investment Ltd in
ABN AMRO Bank NV Dubai;
- that delivery was made by sending such SSB to Clear Stream
A/C 81780 by Certificate of Transfer signed by witnesses
LAURENCE KUSUMA and Djoko H, Indra, the delivery was
performed in accordance with the founder shareholder, RAFAT
ALI RISVI;
- that it turned out after SSB was sent, there was no payment
from controlling shareholder, namely RAFAT ALI RISVI to PT.
Bank Century Tbk.;
- that on October 15, 2008 the Director of Bank Supervisory I
(DPB I) Bank Indonesia summoned and requested to the
shareholders (Mr. ROBERT TANTULAR, Mr. HESHAM AL WARRAQ and
Mr. RAFAT ALI RIZVI) to resolve securities to the bank,
considering that the liquidity condition of the bank had
worsening in fact had breached the Minimum Required Gyro
(GWM) and the Bank could not comply with its duty to the
customers for such necessity;
- that the Controlling Shareholder made Letter of Commitment
dated October 15, 2008 containing commitment to pay the
securities both past due and to due to the Bank, but in
reality such commitment was never made to the bank;
- that based on data/information received by Bloomerg
(Information Provider Institution), including information on
internationally traded securities, the above securities did
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not have rating, so that such SSB was difficult to sell and
the sales itself could not be performed in cash;
- that because of assets belonging to Bank Century in form of
securities due could not be liquefied, Bank Century Tbk
could not fulfill its duty to the customers and to the
Minimum Required Gyro (GWM) of Bank Century at Bank
Indonesia and breached the provisions of Regulations of Bank
Indonesia Number 10/25/PBI/2008 concerning Amendment on
Regulations of Bank Indonesia Number 10.19/PBI/2008
concerning Minimum Required Gyro (GWM) of Commercial Bank to
Bank Indonesia:
- that to date, the securities (SSB) issued by foreign issuer
and purchased by Bank Century but transferred/occupied by
FGAH (First Gulf Asia Holding) are as follow:
1. Securities issued by National Australia Bank amounting
USD 15,000,000 (fifteen million USD) and USD 30,000,000
(thirty million USD) due on November 3, 2008, currently
under custody of FGAH in Bahamas;
2. Securities issued by Nomura Bank Int’l Plc amounting USD
10,000,000 (ten million USD) and USD 1,000,000 (one
million USD) due on December 9, 2008, currently under
3. Securities issued by Lehman Brothers Bankhause Ldn,
amounting USD 8,000,000 (eight million USD) due on April
25, 2014, currently under custody of FGAH in Bahamas;
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4. Securities in form of US Treasury Bonds amounting USD
7,400,000 (seven million four hundred thousand USD) and
USD 13,360,000 (thirteen million three hundred sixty
thousand USD) due on August 15, 2011, currently under
5. Securities in form of Interest Strips amounting USD
2,520,000 (two million five hundred twenty thousand USD)
due on August 15, 2011, currently under custody of FGAH
in Bahamas.
The total 8 (eight) securities belonging to Bank Century
currently occupied by FGAH (First Gulf Asia Holding)
amounting USD 87,280,000 (eighty seven million two
hundred eighty thousand USD);
6. That in addition to the 8 (eight) securities belonging
to Bank Century currently occupied by FGAH (First Gulf
Asia Holding), there is a security issued by Banca
Populare Milano, Ldn amounting USD 11 million due on
October 30, 2008 currently payable to the bank;
- that since Bank Indonesia performed special audit to PT Bank
Century on March 31, 2006 and Bank Indonesia performed
direct warning to Rafat Ali Rizvi and Hesham Al Warraq as
Controlling Shareholders of Bank Century up to 13 (thirteen)
warnings, namely:
1. Letter of Bank Indonesia number 7/121/DPwB11/Rahasia
dated December 22, 2005 concerning Commitment to sell
Foreign Exchange securities, which contained among
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others requesting the controlling shareholders (Mr.
HESHAM AL WARRAQ and Mr. RAFAT ALI RIZVI) delivered
through Bank Century in order to immediately realize the
commitment of the relevant on meeting dated October 3
and 4, 2005 to sell Foreign Exchange securities, in no
later than December 31, 2005;
2. Letter of Bank Indonesia number 8/9/DPB1 dated April 1,
2006 concerning commitment of resolving Foreign Exchange
SSB of Bank Century, which contained requesting to the
controlling shareholders (HESHAM AL WARRAQ and RAFAT ALI
RIZVI), delivered through Bank Century, to return the
security of US Treasury Strip amounting USD 70 million
to Bank Century before April 7, 2006;
3. Letter of Bank Indonesia number 8/63/DPB1/Confidential
dated June 7, 2006 to the controlling shareholders
(HESHAM AL WARRAQ and RAFAT ALI RIZVI), delivered
through Bank Century, concerning the commitment of
returning US Treasury Note, Interbank CD and capital
increase of Bank Century, which contained among others
to immediately return US Treasury Strip amounting USD
20.36 million (twenty million three hundred sixty
thousand USD) and USD 4.32 million (four million three
hundred twenty thousand USD) to bank Century;
4. Letter of Bank Indonesia to the board of directors of
Bank Century number 10/57/DPB1/Rahasia dated March 18,
2008 concerning liquidity condition of Bank Century,
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which contained to perform risk mitigating measures for
Bank Century to avoid liquidity problem;
5. Letter of Bank Indonesia to board of directors of Bank
Century number 10/78/DPB1/Rahasia dated April 14, 2008
to the board of directors of Bank Century concerning
resolution of Bank Century issues, which contained
requesting the controlling shareholders and issuer of
foreign exchange SSB to immediately pay in full the
securities of Bank Century;
6. Letter of Bank Indonesia to board of directors of Bank
Century number 10/119/DPB1/Rahasia dated June 17, 2008
concerning resolution of Bank Century issue, which
contained confirming to the board of directors to
perform measures including to force the controlling
shareholders and RAFAT ALI RIZVI to return all foreign
exchange SSB belonging to Bank Century occupied by FGAH
as well as requesting the controlling shareholders and
RAFAT ALI RIZVI to pay all harmful foreign exchange SSB
of the bank;
7. Letter of Bank Indonesia to the controlling
shareholders, delivered through Bank Century number
10/152/DPB1/Confidential dated August 6, 2008 concerning
securities amounting USD 106 million (one hundred six
million USD) due in 2008 and USD 87 million (eighty
seven million USD) occupied by FGAH, which contained
requesting the controlling shareholders to pay the
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securities to due and to return all securities kept by
FGAH to Bank Century;
8. Letter of Bank Indonesia to the controlling
shareholders, delivered through Bank Century number
10/163/DPB1/Confidential dated September 15, 2008
concerning resolution of harmful foreign exchange
securities and assets of Bank Century, which contained
among others requesting the controlling shareholders to
pay in full the foreign exchange SSB amounting USD 106
million (one hundred six million USD) due in 2008 to
Bank Century. Letter of Bank Indonesia to the board of
directors of Bank Century number 10/169/DPB1/Rahasia
dated September 23, 2008 concerning resolution on the
issue of foreign exchange SSB and liquidity of Bank
Century, which contained among others requesting the
board to force the controlling shareholders and RAFAT
ALI RIZVI to pay in full the foreign exchange SSB
amounting USD 106 million (one hundred six million USD)
due in 2008 and to force the controlling shareholders
and RAFAT ALI RIZVI to return the foreign exchange SSB
belonging to Bank Century amounting USD 87.28 million
(eighty seven million two hundred eighty thousand USD);
Bank Century number 10/171/DPB1/Rahasia dated September
26, 2008 concerning Liquidity and Rentability of Bank
Century, which contained requesting the board of
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directors to improve the liquidity and rentability by
immediately resolving foreign exchange SSB due on
September 30, 2008 amounting USD 23 million (twenty
three million USD) and 4th quarter of 2008 amounting USD
83 million (eighty three million USD);
Bank Century number 10/175/DPB1/Rahasia dated October
14, 2008 concerning liquidity of Bank Century, which
contained among others requesting the board of directors
to perform measures forcing the shareholders to pay
foreign exchange SSB due on November 3, 2008 amounting
USD 45 million (forty five million USD) as well as to
force the controlling shareholders to return USD 87.28
million (eighty seven million two hundred thousand USD);
Bank Century number 10/181/DPB1/Rahasia dated October
28, 2008 concerning Minimum Required Gyro of Bank
Century, which contained among others requesting the
board of directors to force HESHAM AL WARRAQ/the
controlling shareholders, RAFAT ALI RIZVI and the
defendant to immediately pay in full the foreign
exchange SSB amounting USD 188.40 (one hundred eighty
eight million four hundred thousand USD);
12. Letter of Bank Indonesia to HESHAM AL WARRAQ /the
controlling shareholders, RAFAT ALI RIZVI and Mr. ROBERT
TANTULAR number 10/185/DPB1/Rahasia dated October 29,
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2008 concerning liquidity problem of Bank Century, which
contained among others requesting to shareholders to
comply with the commitment to pay in cash all
securities, especially those due on October 30, 2008
amounting USD 11 million (eleven million USD) and on
November 3, 2008 amounting USD 45 million (forty five
million USD);
Bank Century number 10/537/DPB1/Rahasia dated November
4, 2008 concerning US Treasury Strip of the Bank
Century, which contained among others forcing the
shareholders to resolve the payment of foreign exchange
SSB due on October 30, 2008 amounting USD 11 million
(eleven million USD) and November 3, 2008 amounting USD
45 million (forty five million USD) and to return the
foreign exchange SSB belonging to the bank occupied by
FGAH amounting USD 15.88 million (fifteen million eight
hundred eighty thousand million USD);
- that on October 15, 2008 the Bank Indonesia invited the
Controlling Shareholders, namely Mr. Hesham Al Warraq and
Mr. Rafat Ali Rizvi and all board of directors and board of
commissioners of Bank Century and Robert Tantular was asked
by Bank Indonesia to sign as well a Letter of Commitment
together with the controlling shareholders dated October 15,
2008, which contained among others:
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1. The resolution in cash all bank bonds as contained in
the previous asset management agreement (AMA) to due on
October 30, 2008 amounting USD 11 million, on November
3, 2008 amounting USD 45 million, on December 9, 2008
amounting USD 27 million and in the end of February 2009
amounting USD 40.4 million. Additionally, we would
resolve in cash at first for structure notes (SN) from
JP. Morgan Luxemburg Banking SA amounting USD 25 million
and SN Nomura Bank Int’l Pic London amounting USD 40
million;
2. The return and resolution in cash all collaterals under
custody and occupied by First Gulf Asia Holding Ltd
amounting USD 15.88 million;
3. To resolve the collateral to due on October 30, 2008
amounting USD 15 million and on November 3, 2008
amounting USD 7 million submitted as collateral to PT
Canting Mas Persada and PT Wibowo Wadah Rezeki;
4. To increase capital or invite strategic investor to
resolve the bank problems no later than March 31, 2009
or earlier in case any important change in the condition
of the bank;
- that in relation to the presence of Letter of Commitment
dated October 15, 2008, the defendant Robert Tantular tried
to find considerably strategic investor to resolve the
problem of Bank Century, namely PT Sinar Mas Multiartha of
Sinar Mas Group, then a “Letter of Intent” was made on
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November 16, 2008 between PT Bank Century, PT Century Mega
Investindo and First Gulf Asia Holding (as the Seller) and
PT Sinar Mas Multiartha (as the Buyer) and then such Letter
of Intent was brought and submitted to Bank Indonesia through
Deputy Governor of Bank Indonesia (Mrs. Fadjriah) to inform
that Bank Century would be taken over by Sinar Mas Group;
- that in relation to the presence of Letter of Intent dated
November 16, 2008, then Bank Indonesia requested to make a
“Letter of Commitment” on November 16, 2008, containing:
1. To transfer all assets of the bank to Custodian Bank in
Indonesia and the bank name including US Treasury Note
amounting USD 41 million having been deposited in
Dresdner Bank;
2. To return the rest of resolution upon marketable
collaterals due and Negotiable Certificate of Deposits
(NCDs) from West LB amounting USD 16 million and
National Australian Bank amounting USD 45 million;
3. To remain bound to all commitment having been issued by
First Gulf Asia Holding Limited (FGAH) and outlook
investment Plc (directly or indirectly owned, controlled
and managed by Rafat Ali Rizvi and Century Mega
Investindo (CMI) directly or indirectly owned,
controlled and managed by Robert Tantular in the Letter
of Commitment dated October 15, 2008;
4. To organize and ascertain (with the best efforts) the
transfer of all shares of the bank under custody of FGAH
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and its affiliations/associations amounting 32% and CMI
(its affiliations/associations) amounting 38% to be
subscribed to a custodian in Indonesia; and
5. Not to warrant out the marketable collaterals belonging
to the bank and Negotiable Certificate of Deposits (NCD)
to any other parties for personal advantage, whereas if
one of those assets is warranted out, we would cancel
such transaction at our own account;
- that on November 20, 2008, Robert Tantular and the board of
directors, board of commissioners were called to Bank
Indonesia and were informed to come to the Department of
Finance and on November 21, 2008 were informed that Bank
Century Tbk had been taken over by LPS (Deposit Insurance
Corporation);
- that thereafter Robert Tantular was involved by LPS in
recapitalization of Bank Century to perform capital increase
of at least 20% from the estimate resolution cost designated
by LPS in no later than 35 calendar days since the date of
the letter (November 21, 2008), statement of Robert Tantular
to submit capital in amount of 20% of the necessity;
- that on November 22, 2008, the defendant Robert Tantular
took off to Singapore to prepare additional capital
necessary for Bank Century through LPS and in the afternoon
the Defendant received a news that he had been banned by the
Minister of Finance, but the defendant Robert Tantular
returned to Indonesia on Sunday, November 23, 2008 to
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perform capital submission to Bank Century and it turned out
that in November 25, 2008, he was arrested by the
investigator of Police Headquarter at the report of Bank
Indonesia due to non-performance of Letter of Commitment;
- that the fund through SSB since 2005 and thereafter was all
acknowledged by Bank Indonesia, because Letter of
Commitment, dated October 15, 2008 and November 16, 2008
were an accumulation of commitments from the Controlling
Shareholders, namely Hesham Al Warraq and Rafat Ali Rizvi
and were successions from Minutes of Meeting dated October
13, 2005 between Bank Indonesia and the Controlling
Shareholders, then continued with ASSET MANAGEMENT AGREEMENT
dated February 17, 2006;
Chronology of Searching the Fund Belonging to Boedi Sampoerna
and PT. Lancar Sampoerna Lestar:
- that Boedi Sampoerna was a customer of Bank Century Tbk
Kertajaya Branch in Surabaya as of 2004 for both Dollar and
Rupiah Deposit Savings;
- that the US Dollar Deposit Savings opened by Boedi Sampoerna
at Bank Century Tbk Kertajaya Branch in Surabaya, on behalf
of PT. Lancar Sampoerna Bestari and on behalf of Boedi
Sampoerna, amounting USD 96,544,572.84;
- that on November 14, 2008 Boedi Sampoerna held a meeting
with the defendant in his office in relation to transfer of
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Deposit record belonging to the witness from Kertajaya
Branch Surabaya to Senayan Branch;
- that at the meeting Boedi Sampoerna was suggested by the
defendant to transfer his Dollar Deposit record in Bank
Century Tbk Kertajaya Branch Surabaya to Bank Century Tbk
Senayan Branch Jakarta and to split up the remaining deposit
savings at Bank Century Tbk in small nominal in order to be
save for liquidation. Boedi Sampoerna approved the
suggestion provided that such split up should be on behalf
of the name on Deposit Savings (PT. Lancar Sampoerna Bestari
and Boedi Sampoerna), but the defendant suggested to use NCD
because such form was secure and guaranteed by Bank
Indonesia and to facilitate the process of split up;
- that Boedi Sampoerna approved such suggestion because on
August 2008, when his Dollar Deposit Savings was due it
could not be liquefied entirely and at such time, HERMANUS
requested that such liquidation was performed gradually on
monthly basis amounting Rp. 200 to 250 billion from
September, October, November 2008 until fully paid. However,
the deposit saving was only liquefied for Rp. 200 billion on
September 2008. Thereafter, the remaining deposit saving at
Bank Century Tbk Kertajaya Branch Surabaya kept going due to
roll over system, and so Bank Century Tbk experienced a loss
of clearing and the bank was non-operational;
- that on Saturday, November 15, 2008 at around 02:00 WIB (in
the morning) the witness Gantoro contacted the witness
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Michael Chung and said that the witness Michael Chung to
immediately liquefy all foreign exchange deposit belonging
to the witness Boedi Sampoerna and PT. LANCAR SAMPOERNA
BESTARI except for the blocked deposit, and at such call,
the witness Michael Chung transfer the deposit belonging to
Boedi Sampoerna amounting USD 96,544,572.84 (ninety six million
five hundred forty four thousand five hundred seventy two
point eighty four American dollar) from Bank Century
Kertajaya Branch office Surabaya to Bank Century Head Office
Senayan to Foreign Exchange Interunit Account post;
- that after such fund arrived at the Bank Century Head Office
Senayan, the money belonging to Boedi Sampoerna in amount of
USD 18,000,000 (eighteen million American dollar) was debet
to USD foreign exchange account, used to cover the foreign
exchange debt of Bank Century due to the loss after global
economic crises;
- that thereafter on Tuesday, November 18, 2008 a staff of
Boedi Sampoerna named WENAWATI at noon received a telephone
call from GANTORO requesting to make an application for
reposting Deposit Savings of Boedi Sampoerna, then WENAWATI
LIMANTORO submitted to Boedi Sampoerna concerning the
request of GUNTORO to make the letter, then WENAWATI
LIMANTORO contacted a staff of Boedi Sampoerna named
HARIJADI MARTIJONO to make the letter, and at abount 15:00
WIB on November 18, 2008, Boedi Sampoerna signed an
Application made by HARIJADI MARTIJONO addressed to Bank
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Century Kertajaya Branch Surabaya dated November 14, 2008,
but Boedi Sampoerna had previously agreed orally the
suggestion of Mr. ROBERT TANTULAR to repost his Deposit
savings from Bank Century Tbk Kertajaya Branch to Bank
Century Tbk Senayan Jakarta in order to facilitate the
process of split up into small nominal;
- that on December 1, 2008 Boedi Sampoerna received a letter
from Bank Century Tbk number: 901/Century/D/XII/08 dated
December 1, 2008 signed by Maryono (President Director) and
Ahmad Fajar (Director) concerning confirmation, which
contained all deposit savings are recorded in Escrow Account
of Bank Century Tbk Senayan Jakarta, but there was a debet
by KPO Foreign Exchange amounting USD 18 million;
- that by the debet amounting USD 18 million, Boedi Sampoerna
asked Maryono as the President Director of Bank Century Tbk
the meaning of KPO Foreign Exchange debet totaling 18
million, but there was no clear reply because Bank Century
had been taken over by LPS;
The Chronology of Credit Liquidation to PT. Wibhowo Wadah
Rejeki (PT. WWR) and PT. Accent Investment Indonesia (PT. AII):
- that on December 5, 2007 at about 18:00, the witness Linda
Wansadinata as the District Manager of PT Bank Century Tbk
KPO Senayan received order from the witness JOKO HERTANTO
INDRA as the Head of Treasury Division that KPO Senayan
District should book a credit plafond amounting Rp.
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121,306,440,000 (one hundred twenty one billion three
hundred six million four hundred forty thousand rupiah) on
behalf of PT. Wibowo Wadah Rejeki with a collateral of
Certificate of Deposit issued by BANCA POPULARE in Milano
with ISIN number: XSO179811616 with nominal value of USD
15,000,000 (fifteen million American dollar);
- that upon such order and request, the witness Linda
Wangsadinata expressed her objection to the witness Djoko
Hertanto Indra at the inappropriateness of such credit with
a large amount of plafond given that such credit application
did not specify the real prospective debtor, the physical
collateral was not enclosed, as well as the mechanism of
credit was not in compliance with the procedure;
- that thereafter due to an order to keep posting such credit,
then the KPO branch of Senayan made a Credit Application
Form (FPK) to get approval from Head of Regional Office III,
Head of Credit Division, two Directors and two
Commissioners, in which on the same day, which was on 05-12-
2007, Senayan Branch office had informed to the Head of
Regional Office III and the Head of Credit Division that
there was a credit instruction from the defendant Robert
Tantular to post in the next day on December 6, 2007;
- that on December 6, 2007, after FPK received approval from
Credit Committee, the witness Linda Wangsadinata ordered the
Legal Division to make a minutes of credit, promissory
notes, credit agreement and Credit Approval. Thereafter, the
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branch ordered to Credit Settlement and Credit Reporting
(SKPK) to make Memo of Credit Facility Liquidation (MPFK)
signed by Account Officer (AO), the Head of AO Division,
Branch Manager (the witness herself), Legal Officer, the
Head of Legal Division, by enclosing FPK having been
approved by Credit Committee, including two commissioners,
then SKPK booked the credit plafond and credited into the
account of PT. Wibowo Wadah Rejeki (WWR) at PT. Bank Century
number 1022-0000245402-001;
- that thereafter on April 22, 2008, PT. Accent Investment
Indonesia (AAI) received a credit facility amounting Rp.
20,000,000,000 (twenty billion rupiah) in form of KAP
(Credit at Request) credit facility, with a collateral of
shares having value of Rp. 120,038,000,000 (one hundred
twenty billion thirty eight million rupiah) referred by the
defendant;
- that credit application from PT. Accent Investment Indonesia
amounting Rp. 60,000,000,000 (sixty billion rupiah) with
collateral of shares having value of Rp. 120,038,000,000
(one hundred twenty billion thirty eight million rupiah);
- that credit application with collateral of shares was high-
risky with a fluctuating price (rapid change), the debtor
was not willing to provide the copy of corporate account, no
analysis on such corporation and corporate financial report
submitted was in house (not audited), non-liquid corporate
financial condition, debt dependency of the corporation was
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very high, especially debts to shareholders, the corporation
was likely to experience loss amounting Rp. 300,000,000
(three hundred million rupiah), and PT. Accent Investment
Indonesia was a new debtor not having received any credit
facility from any bank whatsoever and so the credit
application amounting Rp. 60,000,000,000 was improper to
provide;
- that of the two applications of credit facility proposed by
PT. Wibowo Wadah Rejeki and PT. Accent Investment Indonesia,
there was no data analysis and survey or direct visit to the
site before credit reimbursement, as well as no recording because
such credit facility is a credit facility instructed by management,
which was on behalf of the defendant, witness Hermanus Hasan
Muslim as President Director and Director of Credit;
- that for credit facility provision to PT. Accent Investment
Indonesia, there was a survey but without compliance to
procedure, which was performed after credit binding between
creditor (Bank Century) and debtor (PT. Accent Investment
Indonesia) and data relevant to debtor PT. Accent Investment
Indonesia from witness Tariq Khan or from witness Stella
Angalina Hidajat through courier;
- that under a normal condition, each credit application from
prospective debtor, the bank would perform survey on
location in order to find out the credibility of prospective
debtor, perform evaluation covering:
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Capital owned by the prospective debtor, characters of
debtor and its business, capacity of the debtor in terms of
repaying bank loan, or competitiveness of its competitor,
collateral of prospective debtor, meaning whether or not the
debtor would be able in terms of providing collateral in
compliance with the extent of proposed loan. The result
would be recorded in MAK (Memorandum of Credit Analysis) and
the collateral analysis would be recorded in FAPJ (Bond
Evaluation Analysis Form) of from Appraisal, account
analysis from prospective debtor company, analysis of
financial report covering corporate profit/loss analysis. If
the abovementioned measures had been performed and the
result was visible or appropriate for credit, then FPK
(Credit Approval Form) would be prepared and then the FPK
together with other supporting documents would be proposed
to Credit Committee for analysis and re-analysis and the
procedures of credit granting to PT. Wibowo Wadah Rejeki and
PT. Accent Investment Indonesia did not comply with or did
not obey the abovementioned credit granting procedure;
- that the result of credit granting to the said corporation,
based on audit from Bank Indonesia, the credit was provided
without credit analysis, and ability of the debtor to repay
the fund was unknown, it turned out that it was a bad credit.
Considering, that any matter occurs in the proceeding has
been fully recorded in the minutes of proceeding, to summarize
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this verdict, then any matters contained in the minutes of
proceedings shall be considered inherent hereto;
Considering, that the defense from defendant’s advocates
is principally concluded that the defendant’s advocates have
the opinion that the defendant has been lawfully proven not
guilty either in the first, second and third convictions, and
requested to release the defendant from any conviction as well
as had his reputation, dignity and status rehabilitated;
Considering, that the legal reason of defense from the
defendant’s advocates by the judge tribunal shall be
considered in line with verification of principal case;
Considering, that the defendant is brought before the
court with cumulative conviction as follow:
First: Violation against Article 50A Law No. 10 Year 1998
concerning Amendment on Law Number 7 year 1982 regarding
Banking in conjunction with Article 55 paragraph (1) dictum 1
of Criminal Code;
And;
Second: Violation against Article 50A Law No. 10 Year 1998
of Criminal Code in conjunction with Article 65 of Criminal
Code;
And;
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Third: Violation against Article 50 Law No. 10 Year 1998
of Criminal Code;
Considering, that because the defendant is convicted with
cumulative composition of conviction, then all convictions of
the Attorney General shall be legally proven, therefore the
judge tribunal shall consider the first conviction in the
beginning whereas the defendant is convicted to have committed
in the crime of “jointly as shareholder has intentionally
order the bank employee to debet the fund belonging to a
customer without its approval,” therefore the defendant is
convicted to violate Article 50 A of Law No. 10 Year 1997
concerning Amendment on Law Number 7 Year 1992 regarding
of the Criminal Code, with the following criminal elements:
1. Element of shareholder;
2. Element of intentionally;
3. Element of ordering the board of commissioners, board of
directors or bank employee to perform or not to perform an
action resulting in the bank not performing necessary
measures to ascertain bank compliance with the provisions
herein and the provisions of other laws and regulations
applicable for the bank;
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4. Element of individual who performs, orders to perform, or
participates in performing action;
Considering, that thereafter it shall be considered the
criminal elements of the Attorney General’s conviction,
because in order to take the charge and sentence, the
defendant’s crime should be proven accumulatively of all
convicted elements;
1. Element of Shareholder;
Considering, that the element of “shareholder” mentioned
in Banking Law is a legal subject, namely an individual or
legal entity performing legal action and capable of taking
responsibility of its action before the law;
Considering, that Banking Law specifically differs legal
subject/criminal including Shareholder, Board of Directors,
Board of Commissioners, affiliated Party and Bank employees;
Considering, that the Attorney General has an opinion
based on the information of witnesses Hermanus Hasan Muslim,
Laurence Kesuma, Michael Chung, Gantoro, Linda Wangsadinata,
Liza Monalisa Suratman, Hamidy, Dedi Triyana, Edward Mandahar
Situmorang, Rusli Prakarsa, Purwanto Kamsyadi, Tariq Khan,
Boedi Sampoerna, Wenawati Limantoro, Hariyadi Martijono and
from the Bank Indonesia including Zaenal Abidin, Hisbullah and
Achmad Berlian, which principally explain that the defendant
is a shareholder of Bank Century with 9% shares and seen from
the existence of the defendant as shareholder, it can be seen
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at time of the Board of Directors of Bank Century holds a
Meeting, the defendant as a shareholder is invited to discuss
the performance of Bank Century, including discussing the
issues of Securities belonging to Bank Century not marketable
and suggested to have it transferred to First Asia Holding and
the defendant was also present in each General Meeting of
Shareholders (RUPS);
Considering, that the Attorney General also has an
opinion and because the defendant Robert Tantular MBA as the
President Director of PT. Century Mega Investindo and as
shareholder at PT. Century Mega Investindo amounting 7%, in
which PT Century Mega Investindo owns shares at PT. Bank
Century Tbk amounting 9%, then the defendant, by law, is a
shareholder of PT. Bank Century Tbk.
Considering, that the defendant’s advocates in their
defense has a legal opinion that the Composition of
Shareholders of PT Bank Century Tbk per September 30, 2008 is
in accordance with Letter of Bank Century Tbk No.
549/Century/D/X/08, dated October 10, 2008 addressed to Bank
Indonesia, is as follow:
1. Clearstream Banking S.A Luxembourg --------- amounting 11.15%
2. First Gulf Asia Holding Limited ------------- amounting 9.55%
3. PT. Century Mega Investindo ----------------- amounting 9.00%
4. PT. Century Super Investindo ---------------- amounting 5,64%
5. Public ------------------------------------- amounting 64.65%
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The abovementioned fact is recognized as true by witnesses of
Bank Indonesia, namely Zaenal Abidin, Hisbullah and Achmad
Berlian and Hermanus Hasan Muslim and Hamidy as the President
Director and Vice President Director of Bank Century and the
defendant himself;
Considering, that the defendant’s advocates also have
opinion in accordance with witness information revealed before
the court, namely Hermanus Hasan Muslim (President Director of
Bank Century), Hamidy (Vice President Director of Bank
Century), Djoko Hertanto Indra (Head of Treasury Division of
Bank Century), Laurance Kesuma (Director of Treasury of Bank
Century), Michael Chung, Gantoro, Linda Wangsadinata, Liza
Monalisa Suratman, Edward Mandahar Situmorang, Rusli Prakarsa,
Purwanto Kamsyadi, explained that the defendant Robert
Tantular as the shareholder of PT Century Mega Investindo
amounting 7% and PT Century Mega Investindo as Shareholder of
Bank Century amounting 9%;
Considering, that in accordance with the fact revealed in
the proceeding that the defendant Robert Tantular, MBA is the
President Director of PT. Century Mega Investindo, and the
defendant has shares of PT. Century Mega Investindo amounting
7% and PT. Century Mega Investindo has 9% shares of PT. Bank
Century Tbk;
Considering, that the witnesses of Bank Indonesia, namely
Zaenal Abidin, Hisbullah and Achmad Berlian and Hermanus Hasan
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Muslim and Hamidy as the President Director and Vice President
Director of Bank Century explained that the defendant Robert
Tantular MBA, is considered as the holder/owner of 9% shares
at PT. Bank Century Tbk, and is always active in the issues
existing in PT. Bank Century Tbk;
Considering, that the subject matter of this case is
whether the Defendant Robert Tantular MBA may legally declared
as a shareholder of PT. Bank Century Tbk?
Considering, that the Expert, Prof. Dr. NINDYO PRAMONO, a
Professor in the Faculty of Law Gajah Mada University,
specialized in Banking Law, Investment Law, Capital Stock Law,
and Company Law, explains:
- that in general, legal entity theoretically can be a legal
subject of crime. Today, there is a term of corporate crime,
namely criminal action committed by corporation. Corporation
in law science is a legal subject as well as individual. In
law terminology, legal subject is a non-individual, in
Dutch, it is called naturelijk person in opposite to recht
person or legal entity, the corporate legal subject is
included in res person;
- that corporation may commit in crime because it is included
in criminal subject;
- that criminal prosecution against legal entity is a result
of legal creating in which something is recognized as a
legal subject like an individual;
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- that in several practices, such criminal prosecution is
pursued up to the management or directors of such
corporation;
- that if the corporate management is in the scope of
“intrafilres”, meaning that in the scope of performing
action according to the existing regulations, articles of
associations, business judgment rules, then the Board of
Directors shall not be hold responsible, but if the Board of
Directors is in the scope of “ultrafilres”, then the Board
of Directors may be subject to criminal responsibility.
However, when discussing corporation, the criminal
prosecution is usually in the form of fine;
- that intrafilres are signs that the company’s Board of
Directors or company management performing action at the
criteria of Law on Limited Liability Company Article 92 and
so forth, namely the Board of Directors performs action for
the interest of the company, the Board of Directors manages
the company with full responsibility in good faith. The
sings or litigations of responsibility in good faith for the
interest of the company shall be Articles of Association and
Law on Limited Liability Company. If the Board of Directors
already performs management in accordance with the
provisions regulated in the existing Articles of Association
and legislations related to such company, then it is said
that the board is in the scope of “intrafilres”. If the
board overrides the authority of the provisions of Law or
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Articles of Association, the board is said to be in the
scope of “ultrafilres”. Then, personal responsibility as an
actor to the personality of the manager is recognized in the
law on Limited Liability Company. In fact, the shareholders
may be hold responsible for criminal actions if they violate
the provisions of intrafilres;
- that legal entity cannot be directly related to the individual
manager/Board of Directors because the capacity of the
Company’s Board of Directors is to represent for and on
behalf of the corporation both inside or outside the Court;
- that if the Board of Directors is still in the scope of
intrafilres, then the Board of Directors shall act for and
on behalf of the corporation, but when it is proven that the
Board acts beyond the scope of intrafilres, then the Board
of Directors shall be personally responsible for the
committed crime;
- that in the Law on Limited Liability Company, Shareholders
are only responsible to their shareholdings, which is the
basic principles. However, when the Shareholders also takes
part in performing corporate faulty, then its shareholders
may also subject to personal responsibility. If the
shareholders are not involved while the Board of Directors
is in the scope of intrafilres, then the corporation holds
the responsibility;
- that if an individual makes a letter of commitment and the
same individual fails to perform the commitment, then it
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includes in civil law area because it is a unilateral
agreement, then the non-performance of which shall lead the
other party to file a claim;
- that the difference between regular and controlling
shareholders is that the controlling shareholder, also
called as bank owner, is the individual capable of
controlling the corporation, which according to the Bank
Indonesia constitutes minimum 25% shares, while the regular
shareholder is the individual not holding a portion of
shares in such percentage;
- that the responsibility to increase equity in accordance
with the provisions of Banking Law Article 37, is
practically the responsibility of the controlling
shareholder frequently called as the owner;
- that Robert Tantular was mentioned as the shareholder of PT.
Bank Century while the fact is that the shareholder of PT.
Bank Century is a corporation, then the mention of Robert
Tantular as the shareholder of PT. Bank Century as in such
indictment is inappropriate;
- that the affiliated parties in Banking Law include board of
directors, board of commissioners and shareholders of the
corporation and their family one lineage degree upward and
sideward;
Considering, that based on the law of limited liability
company and the abovementioned expert opinion, then it should
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be separated whether an individual acts on her/his own behalf
or acts for and on behalf of as well as representing a legal
entity;
Considering, that the defendant Robert Tantular, MBA as
the President Director of PT. Mega Investindo having 9% shares
of PT. Bank Century is appropriate if he is always involved in
each issue of PT. Bank Century Tbk, moreover the other
controlling shareholders are foreign parties, namely
Clearstream Banking S.A. Luxembourg amounting 11.15% and First
Gulf Asia Holding Limited amounting 9.55%, which in any case
is represented by Hesham Al Waraq and Rafat Ali Rizvi;
Considering, that in the issue of customer’s fund
transfer belonging to Boedi Sampoerna and PT. Lancar Sampoerna
Bestari from PT. Bank Century Kertajaya Branch Surabaya to PT.
Bank Century Senayan Branch Jakarta, as well as account debet
amounting USD 18,000,000 in fact, to the knowledge of the
owner, Boedi Sampoerna. It can be proven by confirmation
between the defendant, board of directors of PT. Bank Century
Kertajaya Branch Surabaya and Board of Directors of PT. Bank
Century Senayan Branch Jakarta with Boedi Sampoerna before the
performance of debet. The result of debet amounting USD
18,000,000 was not taken or used by the defendant personally,
but was directly submitted to pay the foreign exchange debt of
PT. Bank Century due to the loss of foreign exchange because
of global economic crisis;
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Considering, that from the reason and consideration
above, the judge tribunal has an opinion that the legal
subject in banking crimes is lawfully different between the
legal subject as a corporation and legal subject as an
individual, or with the legal subject of corporate director
acting for and on behalf of, as well as representing the
corporation, and the defendant as an individual holder of 7%
shares of PT. Century Mega Investindo, and as President
Director of PT. Century Mega Investindo, in which PT. Century
Mega Investindo has 9% shares of PT. Bank Century shall not,
by law, make up that the defendant individually is a
shareholder of PT. Bank Century Tbk;
Considering, that because the defendant by the Attorney
General is convicted as a legal subject of shareholder of PT.
Bank Century Tbk and in fact the defendant is not a
shareholder of PT. Bank Century Tbk, then by such reason the
element of “shareholder” has been lawfully declared not
fulfilled;
Considering, that because in the first conviction there
is an element, namely element of “shareholder”, which fails to
comply with, then the rest elements shall not be necessary to
prove, and the defendant shall be lawfully declared not guilty
in committed in crimes as in the first conviction, therefore
the defendant is released from the first conviction;
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Considering, that even though the first conviction has
been declared unproven and the defendant is released from such
conviction, because the Attorney General filed convictions
cumulatively, then the judge tribunal shall investigate the
second conviction, in which the defendant Robert Tantular, MBA
has been convicted to commit a crime of “jointly ordering bank
employee to book a credit plafond to PT. Wibowo Wadah Rejeki
and PT. Accent Investment Indonesia preventing the bank from
performing necessary measures to ascertain bank compliance
herein and the provisions of other law applicable to the bank”
and therefore the defendant is convicted violating Article 50
A of Law No. 10 Year 1998 concerning Amendment on Law Number 7
Year 1992 regarding Banking in conjunction with Article 55
paragraph (1) dictum 1 of the Criminal Code, with the
following criminal elements:
1. Element of shareholder;
2. Element of intentionally;
3. Element of not performing necessary measures to ascertain
bank compliance with the provisions herein and the provisions
of other laws and regulations applicable for the bank;
4. Element of individual who performs, orders to perform, or
participates in performing action;
5. Element of several actions to be considered as independent
action;
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Considering, that thereafter the judge tribunal shall
consider individually all abovementioned elements, because in
order to take the charge and sentence, the defendant’s crime
should be proven accumulatively of all convicted elements;
Considering, that the element of “shareholder” in the
first conviction legally shares the same meaning and purpose
with the element of “shareholder” in the second conviction;
Considering, that in the second conviction the defendant
as a shareholder has been convicted to have “jointly ordering
“jointly ordering bank employee to book a credit plafond to
PT. Wibowo Wadah Rejeki and PT. Accent Investment Indonesia
preventing the bank from performing necessary measures to
ascertain bank compliance herein and the provisions of other
law applicable to the bank”;
Considering, that element “shareholder” has been fully
considered in the legal matter of the first conviction, then
the legal matter of “shareholder” in the first conviction
during relevant to the second conviction, has been taken over
and should be considered as a consideration in the second
conviction as well;
Considering, that of the legal reason and consideration
mentioned above, the judge tribunal has an opinion that the
legal subject of banking crime is between the legal subject as
a corporation and legal subject as an individual, or with the
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legal subject of corporate director acting for and on behalf
of, as well as representing the corporation, and the defendant as
an individual holder of 7% shares of PT. Century Mega Investindo,
and as President Director of PT. Century Mega Investindo, in
which PT. Century Mega Investindo has 9% shares of PT. Bank
Century shall not, by law, make up that the defendant
individually is a shareholder of PT. Bank Century Tbk;
Considering, that because the defendant by the Attorney
General is convicted as a legal subject of shareholder of PT.
Bank Century Tbk and in fact the defendant is not a
shareholder of PT. Bank Century Tbk, then by such reason the
element of “shareholder” has been lawfully declared not fulfilled;
Considering, that because in the second conviction there
is an element, namely element of “shareholder”, which fails to
comply with, then the rest elements shall not be necessary to
prove, and the defendant shall be lawfully declared not guilty
in committed in crimes as in the second conviction, therefore
the defendant is released from the second conviction;
Considering, that even though the second conviction has
been declared unproven and the defendant is released from such
conviction, because the Attorney General filed convictions
cumulatively, then the judge tribunal shall investigate the
second conviction, in which the defendant Robert Tantular, MBA
has been convicted to commit a crime of violating Article 50
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of Law No. 10 Year 1998 concerning Amendment on Law Number 7
Year 1992 regarding Banking in conjunction with Article 55
paragraph (1) dictum 1 of the Criminal Code, with the
following criminal elements:
1. Affiliated;
2. Intentionally;
3. Not performing necessary measures to ascertain bank
compliance with the provisions herein and the provisions of
other laws and regulations applicable for the bank;
4. Individual who performs, orders to perform, or participates
in performing action;
Considering, that thereafter the judge tribunal shall
consider individually the conviction of the attorney general,
because in order to take the charge and sentence, the
defendant’s crime should be proven accumulatively of all
convicted elements;
Element of “Affiliated”;
Considering, that to prove the element of “affiliated”
the Attorney General still holds on the opinion with the
element of “shareholder” in the first and second conviction,
which is based on the information of witnesses Hermanus Hasan
Muslim, Laurence Kesuma, Michael Chung, Gantoro, Linda
Wangsadinata, Liza Monalisa Suratman, Hamidy, Dedi Triyana,
Edward Mandahar Situmorang, Rusli Prakarsa, Purwanto Kamsyadi,
Tariq Khan, Boedi Sampoerna, Wenawati Limantoro, Hariyadi
389
Martijono and from the Bank Indonesia including Zaenal Abidin,
Hisbullah and Achmad Berlian, which principally explain that
the defendant is a shareholder of Bank Century with 9% shares
and seen from the existence of the defendant as shareholder,
it can be seen at time of the Board of Directors of Bank
Century holds a Meeting, the defendant as a shareholder is
invited to discuss the performance of Bank Century, including
discussing the issues of Securities belonging to Bank Century
not marketable and suggested to have it transferred to First
Asia Holding and the defendant was also present in each
General Meeting of Shareholders (RUPS);
Considering, that the defendant’s advocates in their
defense has a legal opinion that the Composition of
Shareholders of PT Bank Century Tbk per September 30, 2008 is
in accordance with Letter of Bank Century Tbk No.
549/Century/D/X/08, dated October 10, 2008 addressed to Bank
Indonesia, is as follow:
1. Clearstream Banking S.A Luxembourg --------- amounting 11.15%
2. First Gulf Asia Holding Limited ------------- amounting 9.55%
3. PT. Century Mega Investindo ----------------- amounting 9.00%
4. PT. Century Super Investindo ---------------- amounting 5,64%
5. Public ------------------------------------- amounting 64.65%
Considering, that the defendant’s advocates also have
opinion in accordance with witness information revealed before
the court, namely Hermanus Hasan Muslim (President Director of
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Bank Century), Hamidy (Vice President Director of Bank
Century), Dedi Triana (Head of Corporate Division of Bank
Century), Djoko Hertanto Indra (Head of Treasury Division of
Bank Century), Laurance Kesuma (Director of Treasury of Bank
Century), Michael Chung, Gantoro, Linda Wangsadinata, Liza
Monalisa Suratman, Edward Mandahar Situmorang, Rusli Prakarsa,
Purwanto Kamsyadi, explained that the defendant Robert
Tantular as the shareholder of PT Century Mega Investindo
amounting 7% and PT Century Mega Investindo as Shareholder of
Bank Century amounting 9%;
Considering, that in accordance with the fact revealed in
the proceeding that the defendant Robert Tantular, MBA is the
President Director of PT. Century Mega Investindo, and the
defendant has shares of PT. Century Mega Investindo amounting
7% and PT. Century Mega Investindo has 9% shares of PT. Bank
Century Tbk;
Considering, that the witnesses of Bank Indonesia, namely
Zaenal Abidin, Hisbullah and Achmad Berlian and Hermanus Hasan
Muslim and Hamidy as the President Director and Vice President
Director of Bank Century explained that the defendant Robert
Tantular MBA, is considered as the holder/owner of 9% shares
at PT. Bank Century Tbk, and is always active in the issues
existing in PT. Bank Century Tbk;
391
Considering, that the subject matter of this case is
whether the Defendant Robert Tantular MBA may legally
affiliated with the controlling shareholders, namely Hesham Al
Warraq and Rafat Ali Rizvi, as well as the Board of Directors
of PT. Bank Century Tbk?
Considering, that in accordance with the Law No. 10 Year
1998 concerning Banking Article 1 dictum 22 states:
a. Members of the Board of Commissioners, supervisors, board
of directors or its attorney, officials or bank employee;
b. Members of managers, supervisors, management or its attorney,
officials or bank employees, especially for bank in legal
form, cooperative in accordance with the applicable laws
and regulations;
Considering, that based on the fact revealed in the
proceeding:
- that the controlling shareholders of PT. Chincara Capital
Ltd are Mr. RAFAT ALI RIZVI and Mr. HESHAM AL WARRAQ;
- that the President Director of majority shareholders of PT.
CENTURY MEGA INVESTINDO, is the defendant Robert Tantular;
- that the owner of controlling shareholders of First Gulf
Asia Holding Ltd (FGAH) of Mr. HESHAM AL WARRAQ;
- that during the period of 2007 up to before taken over by
Deposit Insurance Corporation, both controlling shareholders
and majority shareholders remained the same;
392
- that in 2004 there was a merger between Bank Pikko, Bank
Danpac and Bank CIC, combining into PT. Bank Century Tbk;
- in 2003, Bank CIC had in its possession harmful securities
amounting 240 million dollar;
- that after merger in 2005, Bank Century was audited by Bank
Indonesia and it was found harmful securities amounting USD
203.4 million;
- that the securities owned by Bank Century was not in
compliance with the provisions of Bank Indonesia and so it
was included as bad;
220,000,000 in Dressner Bank (Switzerland);
- that on October 15, 2008 the Bank Indonesia invited the Controlling
Shareholders, namely Mr. Hesham Al Warraq and Mr. Rafat Ali
Rizvi and all board of directors and board of commissioners
of Bank Century and Robert Tantular was asked by Bank
393
Indonesia to sign as well a Letter of Commitment together
with the controlling shareholders dated October 15, 2008;
- that in relation to the presence of Letter of Intent dated
November 16, 2008, then Bank Indonesia requested to make a
“Letter of Commitment” on November 16, 2008;
Considering, that the defendant Robert Tantular, MBA also
signed the Letter of Commitment dated October 15, 2008 and
“Letter of Commitment” dated November 16, 2008 together with
the controlling shareholders and the defendant Robert Tantular
in his capacity acting for and on behalf of PT. Century Mega
Investindo, in addition to the abovementioned reasons, the
defendant is always active as well to participate in PT. Bank
Century Tbk together with the other controlling shareholders,
therefore the defendant is legally affiliated with both
controlling shareholders and the line of board of directors of
PT. Bank Century Tbk;
Considering, that by the abovementioned legal reasons and
considerations, then the judge tribunal has a legal opinion
that the element of “affiliated” has been fulfilled;
2. Element of Intentionally;
Considering, that according to the memory of Van
Toolichting, what is meant by Intentionally is “to expect and
realize” an intentional action should expect and realize at
such action together with its consequence, generally to the
394
criminal law knowledge of the Bachelors of Law having received
3 (three) degrees of intentional (opzet), namely:
1. Intentional as a purpose, meaning that an action or a
certain effect is really a realization of the purpose and
objectives of the doer;
2. Intentional as realization/certainty, which puts the basis
on such action and certain effects, in this case including
actions or other effects certainly to occur;
3. Intentional by realizing possibilities, which puts the
basis on to what extent the knowledge of the doer
concerning an action or restriction effect that may occur
Considering, that the Attorney General has an opinion
that the element of “intentionally” has been fulfilled given
that the defendant, together with Hesham Al Warraq and Rafat
Ali Rizvi failed to comply with the commitment they once made
as part of bank fostering conducted by Bank Indonesia that
caused Bank Century non performance to the necessary measures
to ascertain Bank compliance herein and the provisions of
other laws and regulations applicable to the bank;
Considering, that the defendant’s Advocates have the
opinion that the element of “intentionally” is not fulfilled
by the reason of Letter of Commitment dated October 15, 2008
and November 16, 2008 were an accumulation of commitments from
the Controlling Shareholders, namely Hesham Al Warraq and
Rafat Ali Rizvi as the controlling shareholders concerning
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Securities having been mostly liquidated and were successions
from Minutes of Meeting dated October 3, 2005 between Bank
Indonesia and the Controlling Shareholders, Hesham Al Warraq
and Rafat Ali Rizvi, then continued with ASSET MANAGEMENT
AGREEMENT dated February 17, 2006 made by the Controlling
Shareholders (PSP), namely Hesham Al Warraq and Rafat Ali Rizvi;
Considering, that according the facts revealed in the
proceeding, there are legal facts:
- that it turned out that on October 17, 2005 the relevant
securities was not sold in cash but submitted as collateral
to FGAH in purpose of getting a loan of USD 40,000,000
provided for 1 (one) year period from Bank ABN AMRO DUBAI;
- that on October 18, 2005 the securities amounting 50 million
was transferred to FGAH, and on March 2005 another 15 million
and to date, such securities has due and not returned. The
money has not been paid to Bank Century as well;
- that the securities submitted for collateral to FGAH are:
amounting USD 30,000,000 due on November 03, 2008;
2. Nomura Bank International PLC CD’S Linked Notes
amounting USD 10,000,000 due on December 09, 2008;
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3. Westdeutsche LB AG London CD’S Linked Notes amounting
USD 10,000,000 due on February 26, 2009;
220,000,000 in Dressner Bank (Switzerland), but could not
fulfill the request of Bank Century to provide a fund
amounting USD 220,000,000;
- That on March 21, 2006 defendant HERMANUS HASAN MUSLIM
together with board of commissioners and board of directors
had agreed the sales of securities (SSB) in form of National
Australia Bank London CD’s amounting USD 15,000,000 (fifteen
million dollar) to custodian Total Plus Investment Ltd in
ABN AMRO Bank NV Dubai;
- that it turned out after SSB was sent, there was no payment
from controlling shareholder, namely RAFAT ALI RISVI to PT.
Bank Century Tbk.;
- that on October 15, 2008 the Director of Bank Supervisory I
(DPB I) Bank Indonesia summoned and requested to the
shareholders (Mr. ROBERT TANTULAR, Mr. HESHAM AL WARRAQ and
Mr. RAFAT ALI RIZVI) to resolve securities to the bank,
considering that the liquidity condition of the bank had
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worsening in fact had breached the Minimum Required Gyro
(GWM) and the Bank could not comply with its duty to the
customers for such necessity;
- that the Controlling Shareholder made Letter of Commitment
dated October 15, 2008 containing commitment to pay the
securities both past due and to due to the Bank, but in
reality such commitment was never made to the bank;
- that based on data/information received by Bloomberg
(Information Provider Institution), including information on
internationally traded securities, the above securities did
not have rating, so that such SSB was difficult to sell and
the sales itself could not be performed in cash;
- that because of assets belonging to Bank Century in form of
securities due could not be liquefied, Bank Century Tbk
could not fulfill its duty to the customers and to the
Minimum Required Gyro (GWM) of Bank Century at Bank
Indonesia and breached the provisions of Regulations of Bank
Indonesia Number 10/25/PBI/2008 concerning Amendment on
Regulations of Bank Indonesia Number 10.19/PBI/2008
concerning Minimum Required Gyro (GWM) of Commercial Bank to
Bank Indonesia;
- that on November 20, 2008, Robert Tantular and the board of
directors, board of commissioners were called to Bank
Indonesia and were informed to come to the Department of
Finance and on November 21, 2008 were informed that Bank
398
Century Tbk had been taken over by LPS (Deposit Insurance
Corporation);
Considering, that of the abovementioned facts, the judge
tribunal is in the opinion that the board of directors of PT.
Bank Century Tbk, the controlling shareholders, and affiliated
defendant should know that purchasing non-rating securities
shall cause loss for the bank and if the purchase is made in a
large amount as performed by PT. Bank Century shall result in
the bank’s liquidity difficulty and unable to comply with the
minimum required gyro designated by Bank Indonesia, and so
Bank Century is taken over by LPS;
Considering, that by the abovementioned legal reasons and
considerations, then the judge tribunal has a legal opinion
that the element of “intentionally” has been fulfilled;
3. Element of not performing necessary measures to ascertain the
bank compliance with the provisions herein and the provisions
of other laws and regulations applicable to the bank;
Considering, that the Attorney General has a legal
opinion that this element has been fulfilled by the principal
reasons as in the facts of the proceedings with the chronology
of problem in PT. Bank Century Tbk;
Considering, that the defendant’s Advocates have the
opinion that this element is not fulfilled by the principal
399
reason of Letter of Commitment dated October 15, 2008 and
November 16, 2008 were an accumulation of commitments from the
Controlling Shareholders, Hesham Al Warraq and Rafat Ali Rizvi
as the controlling shareholders concerning Securities having
been mostly liquidated and were successions from Minutes of
Meeting dated October 3, 2005 between Bank Indonesia and the
Controlling Shareholders, Hesham Al Warraq and Rafat Ali
Rizvi, then continued with ASSET MANAGEMENT AGREEMENT dated
February 17, 2006 made by the Controlling Shareholders (PSP),
namely Hesham Al Warraq and Rafat Ali Rizvi, then all actions
mentioned above are legally valid in the scope of Civil Law,
additionally Robert Tantular was never once involved in any
issue in Bank Century;
Considering, that the expert, Prof. DR. Nindyo Pramono
has an opinion that:
- that Banking Law article 50 is an interesting discussion
since if it is seen from the point of view of law theory, it
is included in the category of “blanked norm.” There was a
Dutch law expert named Yan Vangkissen called it “open norm,”
which was then translated by Prof. Sidharta of Parahyangan
University with blanked or open norm;
- that an example of open norm is the existing provision of
“not ascertaining measures toward obedience to
legislations”. The juridical standard of these measures is
significantly difficult. Other example of blanked norms is
400
good faith, whereas in banking Prudential Principles are
well-recognized. This shall be an blanked norm that includes
performing measures. It is called measures because it
constitutes some measures (not only a single measure). When
the question is if it is a process in performing bank
standards and the answer is yes, then it is a process.
Therefore, in law theory, blanked norm largely depends on
the wisdom of the judge in filling out such blanked norm;
- that explanation on article 50 of such banking law only
specifies sufficient clarity, but when further observation
conducted, matters other than the measures mentioned in the
provisions of Article 50 are blanked norms, whereas the word
“obedient”/obedience itself is a blanked norm as there is no
standard to indicate a person obedient;
- that the non-performance of measures due to certain issues
is not always included in the qualification of Banking Law
article 50, so in law, such norm is called blanked or open
norm. Then if the question is whether there should be a
process, the answer is yes, and whether there is Bank
Operating Standards, the reply is yes as well;
- that according to Leden Marpaung, S.H. in his dissertation
concerning banking crimes, he recognize what is meant by the
measures themselves is from obedience to planning to the
performance in accordance with organizational or managerial
structure of the corporation. Even this has not explained in
details as it should observe the factual occurrence;
401
- that in order to find out whether the non-performance of a
commitment by the commitment maker having been included in
the provisions of Banking Law article 50, then prior
observation should be made on the content of such
commitment, then if only one non-performed commitment is
included in Banking Law article 50, in my opinion, it is a
blanked norm. Since it is only 1 commitment, so it is only
one temporary commitment while what is meant in article 50
is not only one measure only, in which it is firmly stated
measures. One non-performed commitment means only one
measure and so I consider such excluded from Banking Law
article 50 as it is a process;
- that “Open Norm” in law and according to the experts of law
tends to be excessive, whereas Prof. Dr. Romli thanks that
it is a trawling article, meaning that any smoothest non-
performed measure may be trapped in such article. Therefore
in case of open norm, judicial wisdom is necessary;
- that one non-performed commitment means only one measure, so
that I consider such event excluded from Banking Law article
50 since what is meant in article 50 is non-performance of
measures toward bank obedience and legislations;
- that other examples of Open Norm are proper and appropriate.
These are contained in Article 1338 & 1339 of the Civil
Codes. The criterion for these proper and appropriate cannot
be provided with the same benchmark, in which our civil
codes uses the terminology of article 23 AB, namely
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appropriate or not, measured by public order and morality.
In corporation context, the standard of Article 1339 may
apply, namely ‘fit’ standard, in which the standard is
management. Suitable in corporation may refer to Article
1339 (Fit), Article 1338 (good faith) and Article 1365
(Against the law). In case of excluded from the path of
action against the law, it means such action is proper.
- that the standards of proper and appropriate in corporation
shall be in accordance with normal standard of management,
whether in normal condition a corporation may perform its
commitment. Otherwise, such available time shall be inappropriate;
Considering, that the principal issues of this element is
whether Robert Tantular shall be declared as an Affiliated
Party intentionally not performing necessary measures to
ascertain the bank compliance with the provisions herein and
other legislations;
Considering, that as the facts revealed in the proceeding
the principles are as follow:
- it is true that Robert Tantular as the holder of 7% shares
of PT Century Mega Investindo as the holder of 9% shares of
Bank Century;
- that the composition of the Composition of Shareholders of
PT Bank Century Tbk per September 30, 2008 is in accordance
with Letter of Bank Century Tbk No. 549/Century/D/X/08, dated
October 10, 2008 addressed to Bank Indonesia, is as follow:
403
1. Clearstream Banking S.A Luxembourg ------ amounting 11.15%
2. First Gulf Asia Holding Limited ---------- amounting 9.55%
3. PT. Century Mega Investindo -------------- amounting 9.00%
4. PT. Century Super Investindo ------------- amounting 5,64%
5. Public ---------------------------------- amounting 64.65%
that the affiliated party according to Law No. 10 year 1998
concerning Banking Article 1 dictum 22 specifies:
a. Members of the Board of Commissioners, the Board of
Directors or those authorized to act on their behalf,
officers or employees of the bank.
b. Members of the Caretakers, Supervisors, Management or
those authorized to act on their behalf, Officers or
Employees of the bank, specifically banks in the form of
a Cooperation according to the applicable laws and
regulations.
- that Rafat Ali Rizvi and Hesham Al Warraq, acting in their
capacity as PT. Bank Century’s Controlling Stockholders as
appointed by Bank Indonesia;
- that on 2005, Bank Century had purchased securities from 11
(eleven) emittent companies based overseas to the overall
value of USD 203.400.000 through Rafat Ali Rizvi and Hesham
Al Warraq as Bank Century’s Controlling Stockholders;
- that the securities purchased, according to the testimonies
of the witnesses from Bank Indonesia, Hisbullah and Zainal
Abidin, did not have a satisfactory rating, therefore on
October 3rd 2005 Bank Indonesia invited Rafat Ali Rizvi and
404
Hesham Al Warraq as the Bank Century owners and the whole
management and caretakers of Bank Century to settle the
securities and recorded in the - MINUTES OF MEETING BANK
INDONESIA AND THE CONTROLLING STOCKHOLDERS OF PT BANK
CENTURY Tbk DATE OCTOBER 3, 2005 which contains the following:
- That Rafat Ali Rizvi and Hesham Al Warraq as Bank
Century’s Controlling Stockholders would initiate
supervision and abide by every Bank Indonesia regulation.
Century’s Controlling Stockholders are responsible for
Bank Century’s liquidity and capital.
Century’s Controlling Stockholders are responsible for
the securities under the custody of the First Gulf Asia
Holding Ltd (previously named Chinkara Capital Ltd)
valued at USD 116.060.000.
- That Rafat Ali Rizvi and Hesham Al Warraq as Bank Century’s
Controlling Stockholders would settle the securities to
the total of USD 203.400.000 by selling all the
forementioned securities as late as December 31st 2005.
- That the above "MINUTE OF MEETING BANK INDONESIA AND THE
ULTIMATE SHAREHOLDER OF PT BANK CENTURY Tbk DATE OCTOBER 3,
2005, could not be carried out by Rafat Ali Rizvi and Hesham
AI Warraq, therefore Bank Indonesia once again invited Rafat
Ali Rizvi dan Hesham Al Warraq and the whole management and
405
caretakers of PT Bank Century to settle all the securities
which would be sold as promised by Rafat Ali Rizvi and
Hesham Al Warraq. Due to this, on February 17th 2006 an
ASSET MANAGEMENT AGREEMENT dated February 17th 2006 was
made, which contains the following:
• Rafat Ali Rizvi and Hesham Al Warraq as Bank Century’s
Controlling Stockholders are responsible for the
Securities in a value of USD 203.400.000 and would sell
the all the forementioned securities and this is approved
by Bank Indonesia;
• Rafat Ali Rizvi and Hesham Al Warraq are to place
collateral in the sum of USD 220.000.000 at Dresdner Bank
Switzerland in order to guarantee in case a problem
concerning the Securities occurs and this is approved by
Bank Indonesia;
- That Bank Indonesia carried out a Special Audit on PT Bank
Century Tbk based on the AUDIT REPORT ON PT BANK CENTURY
TBK, DATED MARCH 31ST 2006, in which the results of the
Special Audit are as follows:
• The Foreign Currency Securities at the moment can still
be classified as Current due to the settlement by "ASSET
MANAGEMENT AGREEMENT scheme, dated February 17th 2006;
• Bank Indonesia gives permission to Rafat Ali Rizvi and
Hesham AI Warraq to sell all the Securities valued to USD
203.400.000 which are owned by Bank Century.
406
- That in connection that Bank Indonesia had granted permission
to Rafat Ali Rizvi and Hesham Al Warraq to sell the
SECURITIES, therefore the majority of those SECURITIES had
been transferred to the Custodian overseas under the First
Gulf Asia Holdings Ltd and were able to to be converted into
cash to the sum of USD 85.000.000, comprising of:
1. In January 2007, Dresdner Bank Securities in the sum of
USD 7.000.000;
2. On September 30th 2008, West LB London Securities in the
sum of USD 26.000.000;
3. On November 3rd 2008, National Australian Securities in
the sum of USD 7.000.000;
4. On November 3rd 2008, National Australian Securities in
the sum of USD 45.000.000,- (the money was transferred
to FGAH);
- That since Bank Indonesia had conducted te Special Audit on
Bank Century in March 31st 2006 and delivered a direct
warning to Rafat Ali Rizvi and Hesham Al Warraq as the
Controlling Stockholders of Bank Century to the total of 13
warnings, comprising of:
1. Bank Indonesia Letter Number 7/121/DPwB11/Confidential
dated December 22nd 2005 regarding the commitment on the
sale of foreign currency securities, in which it states
the request to the Controlling Stock Holders (HESHAM AL
407
2. Bank Indonesia Letter Number 8/9/DPB1 dated April 4th
2006 regarding the settlement commitment of Bank
Century’s Foreign Securities, in which it states the
request upon the Controlling Stock Holders (HESHAM AL
WARRAQ and RAFAT ALI RIZVI), where it was conveyed
through Bank Century the US Treasury Strip securities to
the sum of USD 70 Million to Bank Century before April
7th 2006.
3. Bank Indonesia Letter Number8/63/DPB1/Confidential dated
June 7th 2006 to the Controlling Stock Holder (HESHAM AL
WARRAQ and RAFAT ALI RIZVI), which was delivered via
Bank Century the commitment to return the US Treasury
Notes, Interbank CD and additional paid-in capital for
Bank Century, in which it states the returning of US
Treasury Strips to the sum of USD 20.36 Million (twenty
million and three hundred and sixty thousand dollars)
and USD 4.32 Million (four million and three hundred and
twenty thousand dollars) immediately to Bank Century.
4. Bank Indonesia Letter to the Bank Century Board of
Directors Number 10/57/DPB1/Confidential dated March 18th
2008, regarding the liquidity state of Bank Century, which
states that Bank Century should take the necessary measures
of risk mitigation in order to avoid liquidity issues.
408
5. Bank Indonesia Letter to the Bank Century Board Of
Directors Number 10/78/DPB1/Confidential dated April 14th
2008 regarding the issues settlement of Bank Century, in
which it requests the Controlling Stock holder and the
foreign currency securities issuer to settle Bank
Century’s securities issues.
Directors Number 10/119/DPB1/Confidential dated June 17th
2008 regarding the issues settlement of Bank Century, in
which it clarifies to the Board Of Directors to carry
out measures such as pressuring the Controlling Stock
Holder and RAFAT ALI RIZVI to return each and every Bank
Century’s foreign currency securities that are still in
possession by the First Gulf Asia Holdings Limited
(FGAH), and requesting them to pay for every non-
performing foreign currency securities.
dated August 6th 2008 to the Controlling Stock Holder
(HESHAM AL WARRAQ) and RAFAT ALI RIZVI, which was
delivered via Bank Century regarding the securities that
amount to USD 106 Million (one hundred and six million
dollars) with the maturity by 2008 and USD 87 Million
(eighty seven million dollars) in possession by the
First Gulf Asia Holdings Limited (FGAH). The contents of
the letter requests that the Controlling Stock Holder
and RAFAT ALI RIZVI pay for the securities about to mature
409
and return the ones that are still being kept by the
First Gulf Asia Holdings Limited (FGAH) to Bank Century.
dated September 15th 2008 to the Controlling Stock
Holder, which was delivered via Bank Century regarding
the settlement for Bank Century’s non-performing foreign
currency securities and assets. The content of the
letter shows a request to the Controlling Stock Holder
to pay for the Foreign currency securities in cash to
the amount of USD 106 Million (one hundred and six
million dollars) which matured at 2008 to Bank Century.
Directors Number 10/169/DPB1/Confidential dated
September 23rd 2008 regarding the settlement concerning
Bank Century’s Foreign currency securitiesvand Liquidity
Issues. The letter contains information such as the
request to the Board Of Directors to pressure the
Controlling Stock Holder and RAFAT ALI RIZVI to return
the Foreign currency securitiesvamounting to USD 87.28
Million (eighty seven million two hundred and eighty
thousand dollars).
10. Bank Indonesia Letter to the Bank Century Board of
Directors Number 10/171/DPB1/Confidential dated September
26th 2008 in regards to Bank Century’s Liquidity and
Rentability. The letter contains information requesting
the Board Of Directors to improve Bank Century’s
410
Liquidity and Rentability by immediate settlement for
the Foreign currency securities maturing at September
30th 2008 amounting to USD 23 Million (twenty three
million dollars) and for the trimester 2008 amounting to
USD 83 Million (eighty three million dollars).
dated October 28th 2008 regarding Bank Century’s Rupiah
Minimum Statutory Deposit. The letter contains
information such as requesting the Board Of Directors to
urge the HESHAM AL WARRAQ/Controlling Stock Holder,
RAFAT ALI RIZVI and ROBERT TANTULAR to immediately
settle the securities amounting to USD 188.40 Million
(one hundred and eighty eight million four hundred
thousand dollars).
12. Bank Indonesia Letter Number 10/185/-DPB1/Confidential
dated October 29th 2008 regarding the liquidity state of
Bank Century, which requests the stock holder to fulfill
the commitment to pay in cash all the Securities,
especially those that matured on October 30th 2008
amounting to USD 11 Million (eleven million dollars) and
on November 3rd 2008 amounting USD 45 Million (forty five
million dollars).
dated November 4th 2008 which urges the stock holder to
settle the payment of the Foreign currency securities
that matured on October 30th 2008 amounting to USD 11
411
Million (eleven million dollars) and on November 3rd 2008
amounting USD 45 Million (forty five million dollars),
as well as return the Bank’s Foreign currency securities
amounting to USD 15.88 Million (fifteen million eighty
eight thousand dollars) which is in possession by the
First Gulf Asia Holdings Limited (FGAH).
- That on October 15th 2008, Bank Indonesia invited the
Controlling Stockholders, Hesham AI Warraq and $dr. Rafat
Ali Rizvi, and the whole Board of Directors and
Commissioners of Bank Century and Robert Tantular (CMI) who
at first refused to sign the Letter of Commitment together
along with the Controlling Stockholders but because it would
eventually mean the closure of Bank Century if he had
refused to do so, therefore he had signed the Letter of
Commitment dated October 15th 2008, which contains the
following points:
1. To settle with cash every bank collaterals as stated in
the prior Asset Management Agreement (AMA) that were to
mature on October 30th 2008
The sum of USD 11 million, on November 3rd 2008 the sum
of USD 45 million, on December 9th 2008 the sum of USD 27
million and at the end of February 2009 the sum of USD
40.4 million. In addition, we would firstly settle by
cash the Structure Notes (SN) from JP Morgan Luxembourg
Banking SA the sum of 25 million and the Nomura Bank Int
Plc Structure Notes (SN) the sum of USD 40 million.
412
2. To return and settle by cash the collaterals held by the
First Gulf Asia Holdings Limited the total sum of USD
15.88 million;
3. To settle for the collaterals that were to mature on
October 30th 2008 the sum of USD 15 million and on
November 3rd 2008 the sum of USD 7 million to PT.
Cantingmas Persada and PT. Wibowo Wadah Rejeki.
4. To place additional capital or invite strategic
investors to settle the bank’s issues no later than
March 31st or earlier in the event of a significant
change in the bank’s condition.
- that due to the existence of the Letter of Commitment dated
October 15th 2008, Defendant Robert Tantular tried to invite
quite strategic Investors to settle the Bank Century’s
issue, which were PT Sinar Mas Multiartha and Sinar Mas
Group, then a “Letter of Intent” dated November 16th 2008
was made between PT Bank Century, PT Century Mega Investindo
and First Gulf Asia Holding (as Sellers) and PT Sinar Mas
Multiartha (as Buyer) and that Letter of Intent was then
delivered to Bank Indonesia through Deputy Governor of Bank
Indonesia (Mrs. Fadjriah), in which it stated that Bank
Century would be taken over by Sinar Mas Group;
- that due to the existence of that Letter of Intent dated
November 16th 2008, Bank Indonesia requested a “Letter of
Commitment" dated November 2008, which contains the
following:
413
1. To transfer all of the bank’s assets to a Custodian Bank
in Indonesia registered under PT. Bank Century,
including the US Treasury Notes with the value of USD
41Million that were deposited at the Dresdner Bank;
2. To return the payment proceeds for the matured
securities and negotiable Acts of deposit (NCD’s) from
West LB to the sum of USD 16 Million and National
Australia Bank to the sum of USD 45 million;
3. To fulfill every commitment from the First Gulf Asia
Holdings Limited and Outlook Investment Plc, whether
direct or indirectly controlled by and managed by Rafat
Ali Rizvi and PT. Century Mega Investindo, whether
direct or indirectly controlled by and managed by Robert
Tantular as stated in the October 15th Letter Of
Commitment;
4. To arrange and ensure (based on best effort) to transfer
all of the bank’s stocks owned by the First Gulf Asia
Holdings Limited and its Affilliation/Association of 32%
and PT. Century Mega Investindo of 38% to be placed in
custody in Indonesia; and
5. Would not use any securities and NCD’s belonging to Bank
Century as collateral in other parties for the benefit
of them both, and if any of the assets is placed as a
collateral, we then would cancel the transaction on our
own expense;
414
- that on November 20th 2008 Defendant Robert Tantular and the
Board of Directors were invited to Bank Indonesia and after
their arrival at Bank Indonesia, they were asked to go to
the Department of Finance and were ordered to wait until
November 21st 2008 and at around 7 A.M. they were informed
that Bank Century Tbk had been taken over by the DII
(Deposit Insurance Institution);
- that Robert Tantular was then included by the DII in the
Bank Century Recapitalization to place additional capital of
at least 20% of the settlement expenses determined by DII in
35 calender days at the most as of the date of the statement
letter and Robert Tantular (on November 21st 2008) was to
put in capital as much as 20% from the amount needed;
- that on November 21st 2008 (Saturday morning) Defendant
Robert Tantular left for Singapore to prepare the additional
capital required by Bank Century through DII and in the
afternoon the Defendant was informed that he was already
dicekal by the Minister of Finance, however on Sunday
afternoon (November 23rd 2008) the , Robert Tantular,
remained to return to Indonesia in order to deposit capital
at Bank Century and on November 25th 2008 was arrested by
the Investigator of the Indonesian Police Headquarter based
on a report from Bank Indonesia which stated that he failed
to fulfill the Letter Of Commitment;
415
Considering, that based on the above facts, the issue of
Bank Century is actually an accumulation of a problem that has
been happening since 2003 until the takeover of PT. Bank
Century by DII (November 21st 2008), which was caused by the
purchase of securities by Bank CIC, and after the Bank CIC was
merged into PT. Bank Century, those securities were then
purchased by PT. Bank Century, and it was discovered from Bank
Indonesia’s monitoring results that those securities were non-
performing since they did not have a rating and could not be
sold for a value of USD 203.400.000.-
Considering, that in order to settle the issue, fr
several times Bank Indonesia had issued reprimand letter, such
as Minute of Meeting dated October 3rd 2005, Asset Management
Agreement dated February 17th 2006, and for 13 (thirteen) times
Bank Indonesia had directly reprimanded the Controlling
Stockholders, Rafat Ali Rizvi and Hesham AI Warraq, and Bank
Indonesia had ordered a Letter of Commitment dated October 15th
2008 and November 16th 2008, however none of the Bank
Indonesia’s orders was carried out by the controlling
stockholder nor the Defendant;
Considering, that based on the above legal reasons and
considerations, it is therefore in the Judge Council’s opinion
that the element of “failing to undertake the necessary
measures in order to ensure the bank’s compliance to the laws
and regulations of banking" has been fulfilled.
416
Ad.4. person who conducts, orders to conduct or is involved in
the action;
Considering, that Article 55 Paragraph (1) of The Penal
Code classifies convicts into three categories: person who
conducts the felony, person who orders to conduct the felony,
and person who is involved in the felony;
Considering, that a person is considered a felon if the
person himself conducts an action that fulfills element of crimes;
Considering, that in the effort to prove whether
Defendant is as a person who conducts, who orders to conduct
the felony, or a person who is involved in the felony, the
decision made by the Council would be based on legal facts as
considered in the vindication of the elements mentioned above;
Considering, that the accounts of the witnesses from Bank
Indonesia, Zaenal Abidin, Hisbullah and Achmad Berlian, and
other witnesses, Edward Mandahar Situmorang, Rusli Prakarsa,
Purwanto Kamsyadi, as well as information from the Defendant
himself, basically explained that the Defendant, acting for
and on behalf of PT. Century Investindo, together with Hesham
Al Warraq and Rafat Ali Rizvi, have signed a Letter of
Commitment at the office of Bank Indonesia on October 15th 2008
and on November 16th 2008 Defendant and Rafat Ali Rizvi have
signed a Letter of Commitment at the office of Bank Indonesia;
Considering, based on the above facts, Defendant ROBERT
TANTULAR, MBA, together with HESHAM AL WARAQ and RAFAT ALI
RIZVI (Most Wanted List) are persons who conduct solely and
417
there is a cooperation among them being consciously conducted
in order to realize a crime.
Considering, that based on the above explanation, it is
considered that the element of “conducting a felon” has been
fulfilled;
Considering, that all elements in the third accusation
have been accumulatively fulfilled, therefore the Defendant
Robert Tantular, MBA is by law, proven guilty of conducting a
felony “collectively with affiliated party in which
intentionally failing to undertake the necessary measures in
order to ensure the bank’s compliance to the laws and
regulations of banking”, as arranged in Article 50 Law Number
10 Year 1998 On Amandment of Law Number 7 Year 1992 On Banking
Jo, Article 55 Paragraph (1) of Penal Code:
Considering, that since the Defendant is proven of having
conducted a felony as stated in the third accusation, and
before the court there is not any reasons to forgive or
justify which could eliminate the Defendant’s responsibility
over his action, therefore the Defendant, by law, is legally
and convincingly proven guilty of conducting a felony
“collectively with affiliated party in which intentionally
failing to undertake the necessary measures in order to ensure
the bank’s compliance to the laws and regulations of banking”,
and due to that, the Defendant must be sentenced into
imprisonment and also to pay penalty in the amount stated in
the injuction;
418
Considering, that the Judge Council is of the same
opinion as the Prosecutor, however, the Judge Council is of a
different opinion regarding the length of the sentence, since
it is considered too heavy, therefore the Judge Council would
order a verdict that is considered fair and equitable to the
action conducted by the Defendant, as stated in this
injuction;
Considering, that in order to prevent the Defendant from
avoiding this verdict, the Judge Council therefore considers
it necessary to keep the Defendant in custody;
Considering, that the Defendant is proven guilty and must
be sentenced, therefore the Defendant is liable to pay
expenses of the case;
Considering, that the length of time in which the
Defendant is kept in custody would be reduced from the length
of the sentence ordered;
Considering, that evidences filed in the trial would be
decided upon completely in this injuction;
Considering, that before ordering a verdict, it is
necessary to consider incriminating and commuting factors for
the Defendant;
Incriminating factors:
- The Defendant’s conduct could destroy the image of
banking in Indonesia;
419
- The Defendant’s conduct could destroy the investment
climate in Indonesia;
- The Defendant’s conduct causes unrest to the community;
Commuting factors:
- The Defendant has never been convisted of any crime
before, therefore it is expected that he would still be
able to correct his conduct in the future;
- The Defendant has been polite and cooperative during the
trial;
- This criminal act is not solely due to the Defendant’s
fault.
Considering, Article 50, Article 50 A Law Number 10 Year
1998 On Amendment of Law Number 7 Year 1992 On Banking Jo. 55
Paragraph (1) of Penal Code, Law Number 8 Year 1981, Penal
Code, and other regulations related to this case;
TO BRING TO JUSTICE;
1. To declare that the Defendant, Robert Tantular, MBA, is
not proven guilty of conducting felony as charged by the
first and second accusations;
2. To therefore release the Defendant from the first and
second accusations as stated above;
3. To declare that the Defendant, Robert Tantular, MBA, is
legally and convincingly proven guilty of conducting a
felony “collectively with affiliated party in which
420
intentionally failing to undertake the necessary
measures in order to ensure the bank’s compliance to the
laws and regulations of banking”, as charged in the
third accusation;
4. To sentence the Defendant, Robert Tantular, MBA, with 4
(four) years imprisonment and a penalty of IDR
50.000.000.000.- (fifty billion rupiahs), with the
option of 5 (five) months imprisonment;
5. To stipulate that the length of sentence ordered is to
be reduced by the amount of time the Defendant has
already spent in custody;
6. To order that the Defendant remains to be put under
custody
7. To declare evidence in the form of:
a. 17 (seventeen) pieces of letters / 1 set of 17 letters
comprising of (To The Commissioner and Directors of Bank
Century dated October 18th 2005, and First Gulf Asia
Holdings Limited dated October 17th 2009 signed by Rafat
A. Rizvi, and ABN AMRO Private Banking dated October 18th
2005 and Asset Pledge Agreement dated October 2005 signed
by Hesham Al Warraq). Legalized copy from Bank Century.
b. 1 set of 6 pieces of letters comprising of (March 21st
2006, and the Minutes of Meeting, Tuesday March 21st
2006, and Transfer of Securities number TSY
421
013/III/2006, dated March 22nd 2006, and number TSY
014/III/2006, dated March 22nd 2006). Legalized copy
from Bank Century.
c. 1 set of 32 pieces of letters comprising of (Confirming
Letter Of Credit Facility dated January 15th 2003, and
Secured Credit Line Arrangement Agreement dated January
31st 2003 in English, and Asset Pledge Agreement dated
January 31st 2003, and Memo and Secured Credit Line
Arrangement Agreement dated January 30th 2003 and Bank
CIC dated March 27th 2003, and Chinkara dated April 3rd
2003, and Chinkara dated March 18th 2003, and Addendum
Agreement dated June 1st 2003, and Credit Facility
Agreement dated July 17th 2003). Legalized copy from
Bank Century.
dated March 15th 2004 and April 2nd 2004). Legalized copy
from Bank Century.
e. 2 pieces of letters from Bank Century signed by Hermanus
H.M. Legalized copy from Bank Century.
And in the form of:
a. 15 legalized copies of PT. Bank Century Asset Management
Agreement PT. Bank Century and Telltop Holdings LTD
dated February 17th 2006.
Number 69.1/SK.DIR/Century/X/06 dated October 30th 2006
422
on the Treasury’s Operational Rules & Procedures for
Money Market & Securities.
And in the form of:
b. A copy of a letter from PT. Kuo Capital Raharja to Bank
Century, Tbk reference number: 007/IB/XII/05 dated
December 28th 2005 regarding a request for an advanced
deposit placement to the amount of IDR 40.000.000.000
(forty billion rupiahs) for the purchase of a bond to
the BCA JSX Branch account number 458.300-6845.
c. A copy of a letter from PT. Kuo Capital Raharja to Bank
Century, Tbk dated January 6th 2006 regarding a
securities and a discretionary funds management proposal
concerning investments in corporate securities.
423
e. A copy of a memorandum from the Treasury Division (DJOKO
H. INDRA) to the Bank Century’s Board Of
Directors/Commissioner dated January 10th 2006 regarding
an approval request for a funds placement to the sum of
IDR 40.000.000.000 (forty billion rupiahs) for a funds
management investment.
f. A copy of a discretionary funds contract number 010/KPD-
IB/I/06 dated January 10th 2006 between PT. Bank Century
as the Investor and PT. Kuo Capital Raharja as the
Investment Manager.
g. A copy of a memorandum from the Treasury Division (DJOKO
H. INDRA) to the Bank Century’s Board Of Directors/
Commissioner dated June 9th 2006 regarding an approval
request for an additional funds placement to the sum of
IDR 20.000.000.000 (twenty billion rupiahs) for a funds
management investment, hence the total funds invested
amount to IDR 60.000.000.000 (sixty billion rupiahs).
h. A copy of a discretionary funds contract number 012/KPD-
IB/VI/06 dated June 13thh 2006 between PT. Bank Century
as the Investor and PT. Kuo Capital Raharja as the
Investment Manager.
i. A copy of a facsimile transmittal sheet dated June 13th
2006 from PT. Kuo Capital Raharja to DJOKO H. INDRA
(Bank Century) regarding a funds transfer request to the
sum of IDR 20.000.000.000 (twenty billion rupiahs) to
424
PT. Kuo Capital Raharja’s BCA JSX Branch account number
458.300-6845.
j. A copy of an RTGS transaction document dated June 13th
2006 regarding a transfer of IDR 20.000.000.000 (twenty
billion rupiahs) from the Bank Century account number
523095000 to the BCA JSX branch account registered to
PT. Kuo Capital Raharja.
October 15th 2008.
November 16th 2008.
7/2/PBI/2005 on the Asset Quality Assessment for Public
Banks, as well as a Securities list owned by PT. Bank
Century dated September 29th 2008 and its position as of
November 20th 2008 and a rating list of the Securities
issuers.
and Foreign Currency, as well as the attachment of the
Minimum Statutory Deposit violation by PT. Bank Century
for the period of October 27th 2008 until November 21st 2008.
425
e. A legalized copy of the letter from Bank Century to Bank
Indonesia Number 681/Century/D/XI/2008 dated November
10th 2008 regarding Bank Century’s List of Stockholders
for the period October 31st 2008.
f. A legalized copy of Act Number 176 dated June 30th 2005
regarding the decision statement from the annual General
Meeting of Stockholders.
g. A legalized copy of the letter from Bank Indonesia to
Bank Century Number 7/87/GBI/DPIP/Confidential, dated
October 26th 2005 regarding the decision on the
President Director.
Century as of March 31st 2006 by the Bank Supervision
i. A legalized copy of the letter from Bank Indonesia to
7/106/GBI/DPIP/Confidential, dated December 9th 2005
j. A legalized copy of the letter from Bank Indonesia to
8/123/GBI/DPIP/Confidential, dated October 2nd 2006
426
appointment of HESHAM AL WARRAQ as member of the Board
of Commissioners and KRISNA JATEESEN as member of the
Board of Directors.
22nd 2005 regarding the commitment on the sale of
Number 8/9/DPB1 dated April 4th 2006 regarding the
settlement commitment of Bank Century’s Foreign Currency
Securities, in which it states the request upon the
Controlling Stock Holders (HESHAM AL WARRAQ and RAFAT
ALI RIZVI), where it was conveyed through Bank Century
the US Treasury Strip securities to the sum of USD 70
Million to Bank Century before April 7th 2006.
Number8/63/DPB1/Confidential dated June 7th 2006 to the
Controlling Stock Holder (HESHAM AL WARRAQ) and RAFAT
ALI RIZVI, which was delivered via Bank Century the
commitment to return the US Treasury Notes, Interbank CD
427
and additional paid-in capital for Bank Century, in
which it states the returning of US Treasury Strips to
the sum of USD 20.36 Million (twenty million and three
hundred and sixty thousand dollars) and USD 4.32 Million
(four million and three hundred and twenty thousand
dollars) immediately to Bank Century.
n. A legalized copy of the letter from Bank Indonesia to
10/57/DPB1/Confidential dated March 18th 2008, regarding
the liquidity state of Bank Century, which states that
Bank Century should take the necessary measures of risk
10/78/DPB1/Confidential dated April 14th 2008 regarding
securities issues.
p. A legalized copy of the letter from Bank Indonesia to
10/119/DPB1/Confidential dated June 17th 2008 regarding
measures such as pressuring the Controlling Stock Holder
and RAFAT ALI RIZVI to return each and every Bank
428
Century’s foreign currency securities that are still in
possession by the First Gulf Asia Holdings Limited
(FGAH), and requesting them to pay for every non-
performing foreign currency securities.
Number 10/152/DPB1/Confidential dated August 6th 2008 to
the Controlling Stock Holder (HESHAM AL WARRAQ) and
regarding the securities that amount to USD 106 Million
(one hundred and six million dollars) with the maturity
by 2008 and USD 87 Million (eighty seven million
dollars) in possession by the First Gulf Asia Holdings
Limited (FGAH). The contents of the letter requests that
the Controlling Stock Holder and RAFAT ALI RIZVI pay for
the securities about to mature and return the ones that
are still being kept by the First Gulf Asia Holdings
Limited (FGAH) to Bank Century.
Number 10/163/DPB1/Confidential dated September 15th
delivered via Bank Century regarding the settlement for
Bank Century’s non-performing Foreign currency
securities and assets. The content of the letter shows a
request to the Controlling Stock Holder to pay for the
Foreign currency securities in cash to the amount of USD
429
106 Million (one hundred and six million dollars) which
matured at 2008 to Bank Century.
10/169/DPB1/Confidential dated September 23rd 2008
regarding the settlement concerning Bank Century’s
Foreign currency securities and Liquidity Issues. The
letter contains information such as the request to the
Board of Directors to pressure the Controlling Stock
Holder and RAFAT ALI RIZVI to return the Foreign
currency securities amounting to USD 87.28 Million
(eighty seven million two hundred and eighty thousand
dollars).
t. A legalized copy of the letter from Bank Indonesia to
10/171/DPB1/Confidential dated September 26th 2008 in
regards to Bank Century’s Liquidity and Rentability. The
letter contains information requesting the Board of
dollars) and for the trimester 2008 amounting to USD 83
Million (eighty three million dollars).
u. A legalized copy of the letter from Bank Indonesia to
430
matured on October 30th 2008 amounting to USD 11 Million
(eleven million dollars) and USD 45 Million (forty five
million dollars) that matured on November 3rd 2008, as
well as urging the Controlling Stock Holder to return
USD 87.28 Million (eighty seven million two hundred and
eighty thousand dollars).
requesting the Board of Directors to urge the HESHAM AL
WARRAQ/Controlling Stock Holder, RAFAT ALI RIZVI and
ROBERT TANTULAR to immediately settle the securities
amounting to USD 188.40 Million (one hundred and eighty
eight million four hundred thousand dollars).
w. A legalized copy of the letter from Bank Indonesia to
RIZVI and ROBERT TANTULAR Number 10/185/-
DPB1/Confidential dated October 29th 2008 regarding the
liquidity state of Bank Century, which requests the
431
stock holder to fulfill the commitment to pay in cash
all the securities, especially those that matured on
million dollars) and on November 3rd 2008 amounting USD
45 Million (forty five million dollars).
x. A legalized copy of the letter from Bank Indonesia to
the Bank Century Board of Directors Number 10/537/DPB1/
Confidential dated November 4th 2008 regarding the US
Treasury Strip of Bank Century, which urges the stock
holder to settle the payment of the foreign currency
securities that matured on October 30th 2008 amounting to
USD 11 Million (eleven million dollars) and on November
3rd 2008 amounting USD 45 Million (forty five million
dollars), as well as return the Bank’s foreign currency
securities amounting to USD 15.88 Million (fifteen million
eighty eight thousand dollars) which is in possession of
the First Gulf Asia Holdings Limited (FGAH).
And in the form of:
dated October 14th 2004 regarding General Audit Report
on Bank Saudara, position as of November 30th 2003.
432
dated October 13th 2005 regarding Minutes of Meeting
dated January 18th 2006 regarding General Audit Report
on Bank Saudara, position as of February 28th 2006.
f. PT. Bank Century Tbk’s General Audit Report, position as
of February 28th 2005.
a. 7 (seven) sheets of Decision of Minister of Justice of
the Republic of Indonesia Number C2-6196.HT.01.01.TH.89
dated July 12th 1989 and Supplement to State Gazette of
the Republic of Indonesia dated May 4th 1993 Number 36
2128.HT.01.04.TH.97 dated March 27th 1997 and Data of
Company’s Articles of Association Amendment Act and Act
Number 310 dated February 28th 1997 (Legalized copy by
PT. Bank Century).
the Republic of Indonesia Number 51 dated June 27th 1997
Act and Act Number 310 dated February 28th 1997
433
Republic of Indonesia Number 51 dated June 27th 1997 and
Data of Company’s Articles of Association Amendment Act
and Act Number 351 dated January 29th 1997 (Legalized
Republic of Indonesia Number 50 dated June 23rd 1998
f. 5 (five) sheets of Decision of Minister of Justice of
the Republic of Indonesia Number C-10.641.HT.01.04.TH.99
dated June 8th 1999 and Data of Improvement Act Number 16
dated June 4th 1999 (Legalized copy by PT. Bank Century).
g. 7 (seven) sheets of Act No 131 dated June 29th 1999
Extraordinary General Meeting of Stockholders
Republic of Indonesia Number 4 dated January 14th 2005
and Act Number 280 dated June 30th 2004 regarding PT.
UM.02.01.8371 dated July 16th 2004 and Act Number 287
dated June 30th 2004 regarding Minutes of PT. Bank CIC
434
Internasional Tbk Annual General Meeting of
j. 17 (seventeen) sheets of Act No 145 dated October 22nd
2004 regarding Minutes of PT. Bank CIC Internasional
Tbk Extraordinary General Meeting of Stockholders
k. 6 (six) sheets of Act No 163 dated October 25th 2004
regarding Meeting Decision Statement (Legalized copy by
PT. Bank Century).
l. 12 (twelve) sheets of Letter of Minister of Justice and
27359.HT.01.01.TH.2004 dated November 2nd 2004 and Act
Number 287 dated June 30th 2004 regarding Acceptance of
Report on PT. Bank CIC Internasional Tbk’s Articles of
Association Amendment Act and Act Number 160 dated
October 22nd 2004 regarding PT. Bank CIC Internasional
Tbk’s Meeting Decision Statement (Legalized copy by PT.
Bank Century).
m. 21 (twenty one) sheets of Act No 158 dated October 22nd
2004 regarding Merger Act of PT. Bank Danpac Tbk and
PT. Bank Pikko into PT. Bank CIC Internasional Tbk
n. 6 (six) sheets of Act No 136 dated November 26th 2004
regarding Addendum to Merger Act of PT. Bank Danpac Tbk
and PT. Bank Pikko into PT. Bank CIC Internasional Tbk
435
o. 5 (five) sheets of Act No 142 dated November 26th 2004
regarding PT. Bank CIC Internasional Tbk’s Meeting
Decision Statement (Legalized copy by PT. Bank
Century).
p. 8 (eight) sheets of Letter of Minister of Justice and
UM.02.01.15105 dated December 16th 2004 regarding
and Act Number 84 dated December 15th 2004 regarding PT.
q. 11 (eleven) sheets of Letter of Minister of Justice and
20789 HT.01.04.TH.2005 dated July 27th 2005 regarding
of Association Amendment Act and Act Number 159 dated
June 29th 2005 regarding Minutes of PT. Bank CIC
Internasional Tbk’s Extraordinary General Meeting of
436
UM.02.01.12342 dated August 24th 2004 regarding
Century Tbk’s Board of Directors/Commissioners and Act
Number 176 dated June 20th 2005 regarding PT. Bank
t. 11 (eleven) sheets of Act No 231 dated June 29th 2006
Bank Century).
UM.02.01.12157 dated July 17th 2006 regarding Acceptance
of Directors/Commissioners and Act Number 39 dated July
11th 2006 regarding Meeting Decision Statement of PT.
Bank Century’s Annual General Meeting of Stockholders
v. 11 (eleven) sheets of Letter of Minister of Justice and
Human Rights of the Republic of Indonesia Number W7-
HT.01.10.9175 dated June 25th 2007 regarding Acceptance
of Directors/Commissioners and Act Number 22 dated June
437
w. 7 (seven) sheets of Act Number 23 dated June 5th 2007
Bank Century).
x. 7 (seven) sheets of Act Number 113 dated June 12th 2008
Bank Century).
y. 10 (ten) sheets of Act Number 112 dated June 12th 2008
Bank Century).
dated March 24th 2006 regarding Minutes of Meeting with
Bank Century).
dated March 17th 2006 regarding Invitation from the
Century).
dated April 4th 2006 regarding Invitation from the
Century).
438
Century).
Century).
dated May 2nd 2006 regarding Invitation from the Central
Bank of Indonesia (Legalized copy by PT. Bank Century).
Century).
Century).
Century).
Century).
439
dated December 28th 2006 regarding Response to the
letter from Bank Indonesia (Legalized copy by PT. Bank
Century).
dated August 22nd 2007 regarding Meeting Invitation from
Bank Century).
dated August 22nd 2007 regarding Meeting Invitation from
Bank Century).
dated April 17th 2008 regarding Response to the Letter
from Bank Indonesia (Legalized copy by PT. Bank
Century).
dated June 2nd 2008 regarding Reminder for Response to
the Letter from Bank Indonesia (Legalized copy by PT.
Bank Century).
dated June 9th 2008 regarding Reminder for Results of
the Meeting with Bank Indonesia (Legalized copy by PT.
Bank Century).
440
Century).
Century).
dated October 28th 2008 regarding Progress of the Letter
of Commitment (Legalized copy by PT. Bank Century).
dated October 28th 2008 regarding Progress of the Letter
of Commitment (Legalized copy by PT. Bank Century).
dated November 19th 2008 regarding Mandatory Supervisory
dated November 19th 2008 regarding Mandatory Supervisory
And in the form of:
441
389/Century/D/VI/2006 dated June 1st 2006 (Legalized
362/Century/D/VI/2006 dated May 22nd 2006 (Legalized
442
107/Century/D/II/2006 dated February 13th 2006
078/Century/D/I/2006 dated January 27th 2006 (Legalized
418/Century/D/IV/2006 dated April 15th 2006.
144/Century/D/IV/2006 dated April 2nd 2006.
274/CIC/D/VI/2003 dated June 23rd 2003 (Legalized copy
205/CIC/D/V/2003 dated May 19th 2003.
038/CIC/D/I/2003 dated January 29th 2003 (Legalized copy
And in the form of:
a. 1 (one) bundle of legalized copies of Senayan Operational
443
b. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of February 2008, which consists of 3
c. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of March 2008, which consists of 3 (three)
sheets per day for 18 (eighteen) days;
d. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of April 2008, which consists of 3 (three)
sheets per day for 22 (twenty two) days;
e. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of May 2008, which consists of 3 (three)
f. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of June 2008, which consists of 3 (three)
sheets per day for 21 (twenty one) days;
g. 1 (one) bundle of legalized copies of Senayan Operational
(three) sheets per day for 22 (twenty two) days;
444
h. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of August 2008, which consists of 3 (three)
i. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of September 2008, which consists of 3
j. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of October 2008, which consists of 3
k. 1 (one) bundle of legalized copies of Senayan Operational
Note, month of November 2008, which consists of 3
(three) sheets per day for 19 (nineteen) days;
And in the form of:
a. 1 (one) bundle of legalized copies of General Debit
Voucher 14-11-2008 Ledger Number 1022.806120.840 other
KS in USD amounting to USD 18.000.000,-;
b. 1 (one) sheet of legalized Selling Deal Slip Number:
018584 dated 14-11-2008 under the name of Sby.
Kertajaya, USD 18 Mio X 1180 (DEP), BN taken at KPU;
c. 1 (one) sheet of legalized copy of Credit
Return/Selling Deal Slip dated 14-11-2008;
445
d. 1 (one) sheet of legalized copy of Debit Return/Selling
Deal Slip dated 14-11-2008;
telephone number 021-5356737 dated December 16th 2008;
22nd 2008, type of phone Nokia N-73, telephone number
0816505438
a. PT ACCENT INVESTMENTS INDONESIA (All):
1 (one) legalized copy of PT Accent Investments
details as follows:
1. Requests from PT All to Bank Century, attached with
Funding Proposals, dated March 17th and May 29th
2008.
- TARIQ KHAN
- DESI DAMAYANTI
446
- STELLA A. HIDAYAT
3. Credit Approval Form (CAF) under the name of PT All:
March 17th 2008, KPO/Region 03 Branch
- CAF Number: 245/B-KAP/All/V/08 dated May 15th
- CAF Number: 249/U/All/V/08 dated May 29th 2008,
4. Collaterals:
SNY/KPO/ADSI/IV/08 dated April 10th 2008 regarding
collateral stock.
dated April 21st 2008 regarding Sub Account
May 12th 2008 regarding request for stock
- Copy of Letter of Bank Century to PT Antaboga Delta
Sekuritas Indonesia Number 889/C-SNY/KPO/ADSI/V/08
dated May 21st 2008 regarding Instruction for
Freezing of PT All’s collateral stock.
447
dated May 28th 2008 regarding Sub Account Freezing
Confirmation.
SNY/KPO/ADSI/VI/08 dated June 4th 2008 regarding
collateral stock.
dated June 6th 2008 regarding Sub Account Freezing
Confirmation.
5. Legal Documents:
448
Tigris, SH, SE, MH.
449
a) Credit Agreement Number 1022/CA/IV/08/075
dated April 18th 2008, completed with
Promissory Note. Credit Agreement Number
1022/LD/IV/08/076 dated April 18th 2008,
completed with Promissory Note and Letter of
Authority.
450
Investment Indonesia (All) period of April 18th to
December 16th 2008
nominal of IDR 8.340 Million dated April 22nd 2008.
8.340 Million to BCA Account of JSX Branch under
the name of PT Kuo Capital, Account Number
10400000-17405, dated April 22nd 2008.
nominal of IDR 21 Million dated April 25th 2008.
4583006845, dated April 25th 2008.
10400000-17405, dated April 25th 2008.
- Cheque Number 130178 addressed to AMIRUDIN RUSTAM
in amount of IDR 24 Billion, dated April 28th 2008.
451
- Money deposit slip in amount of IDR 24 Billion to
Bank Century Account Number 41-000000-292788101
Kota Makassar Branch under the name of AMIRUDIN
RUSTAM, dated April 28th 2008.
nominal of IDR 5 Billion, dated April 30th 2008.
104-00000-17405, dated April 30th 2008.
1 (one) legalized copy of PT WIBHOWO WADAH REJEKI (WWR)’s
1. Letter of Funding Credit Request under the name of PT
Wibhowo Wadah Rejeki, signed by Director of PT WWR, Ms.
Silvia, to Bank Century, dated November 29th 2007.
2. Samples of Account Signatures under the name of STELLA
A. HIDAYAT
3. Credit Approval Form (CAF) under the name of PT WWR:
- CAF Number: 155/B-KAP/WWR/KPO/XI/07/009 dated November
1st 2007, KPO/Region 03 Branch
- CAF Number: 04/B-KAP/WWR/IV/08 dated May 5th 2008,
KPO Senayan/Region 03 Branch
4. Collaterals:
452
Century dated March 27th 2007 regarding guarantee of
Deposit Certificate Securities issued by Banca
Populare at Milano amounting to USD 15 Million,
attached with agreement Refo Number TYS-061/XI/2006
dated November 29th 2006.
- Internal Memo from Credit Division of Bank Century,
Senayan Branch, to Head of Treasury Division of Bank
Century, Number 267/1M/WWR/KPO/XII/07 dated December
3rd 2007 regarding Securities freezing.
5. Letter of PT Wibhowo Wadah Rejeki to Bank Century dated
January 23rd 2008 regarding information on the change in
the company’s address and Domicile Certificate.
6. Legal Documents:
- Credit Agreement Number: 1022/LD/X1I/07, completed with
Promissory Note of PT Wibhowo Wadah Rejeki (WWR) dated
December 3rd 2007, signed by Director of PT WWR, Ms.
SILVIA and Commissioner of PT WWR, Mr. TOTO KARTONUMBER
- Promissory Note of PT Wibhowo Wadah Rejeki (WWR) dated
June 3rd 2008, signed by Director of PT WWR, Ms.
SILVIA and Commissioner of PT WWR, Mr. TOTO KARTONUMBER
- Current Account on activity of PT Wibhowo Wadah
Rejeki (WWR) period of May 25th to December 30th 2008.
453
- General Credit Voucher Number 1020-808694-360 RRP RAU
IDR dated December 6th 2007 amounting to IDR
121.306.443.750,- (one hundred and twenty one billion
three hundred and six million four hundred and forty
three thousand seven hundred and fifty rupiahs).
- Debit Voucher Number 1022-806521-360 Other KS Credit
dated May 3rd 2008 amounting to IDR 2.304.822.432,-
(Two billion three hundred and four million eight
hundred and twenty two thousand four hundred and
thirty two rupiahs).
1 (one) legalized copy of PT Signature Capital Indonesia’s
1. Letter of Funding Credit Request under the name of PT
SCI to Bank Century, the following collateral
correction changes are carried out:
- On July 10th 2008 Foreign Currency Deposit in an amount
of USD 10 Million would be replaced with Foreign
Currency Deposit in an amount of USD 5 Million and
stock collateral in an amount of IDR 100 Billion.
- On July 10th 2008 another letter from PT SCI was
addressed to Bank century regarding a plan to replace
collateral in four stages.
454
- On October 27th 2008 collateral was replaced with
Foreign Currency Deposit amounting to USD 1 Million
and stock collateral amounting to IDR 180 Billion.
- On November 4th 2008 collateral was replaced with
only stock collateral amounting to IDR 200 Billion.
- Without date and number, submit collateral in the
form of USD 10 Million Foreign Currency Deposit.
replaced collateral with only IDR 200 Billion stock
collateral.
- TARIQ KHAN
4. Credit Approval Form (CAF) under the name of PT SCI:
- CAF Number: 308/B-KAP/SCI/IX/08 dated September 26th 2008.
- CAF Number: 273A/B-KAP/SCI/VII/08 dated July 14th 2008.
5. Collaterals:
455
October 17th 2008 regarding delivery of list of stock
collateral in an amount of IDR 100 Billion.
Sekuritas Indonesia dated October 20th 2008 Number
1122/C-SNY/KPO/SCI/X/08 regarding Instruction to
freeze PT SCI’s collateral stock .
Depository (ICSD) Number KSEI-15337/JKS/ 1008 to PT
Antaboga Delta Sekuritas Indonesia dated October 20th
2008 regarding Confirmation of PT SCI’s Sub Account
Freezing.
additional stock collateral in an amount of IDR 80
Billion (total amount IDR 180 Billion)
Sekuritas Indonesia dated October 27th 2008 Number
1150/C-SNY/KPO/SCI/X/O8 regarding Instruction to
freeze PT SCI’s collateral stock.
- Copy of a letter from Indonesian Central Securities
Depository (ICSD) Number KSEI-15793/JKS/1008 to PT.
Antaboga Deltasekuritas Indonesia dated October 29th
2008 regarding the freezing PT. SCI’s sub-account.
456
- Copy of a letter from PT. SCI to Bank Century dated
November 4th 2008 regarding the delivery of a list
additional stock collaterals to the value of IDR 20
Billion (a total of IDR 200 Billion).
- Copy of a letter from Bank Century to PT Antaboga
Deltasekuritas Indonesia dated November 4th 2008
Number 1156/C-SNY/KPO/SCI/X/08 regarding the
instructions to freeze PT. SCI’s collateral stock.
- Copy of a letter from Indonesian Central Securities
Depository (ICSD) Number KSEI-16117/JKS/1108 to PT.
Antaboga Deltasekuritas Indonesia dated November 4th
2008 regarding the freezing PT. SCI’s sub-account.
- 3 (three) copies of Foreign Currency Deposit Cheque,
comprising of:
a) Foreign Currency Deposit Cheque Number VB 028906
dated October 14th 2008 with the value of USD 10
Million.
b) Foreign Currency Deposit Cheque Number VB 028914
Million.
c) Foreign Currency Deposit Cheque Number VB 028924
Million.
6. Legal Documents:
457
- Phase I : A USD 10 Million Deposit with stocks to
the value of IDR 100 Billion complete
with a Promissory Note, Credit Agreement,
Pledge Letter on a Timed Deposit.
- Phase II : A USD 5 Million Deposit with stocks to
- Phase III : A USD 1 Million Deposit with stocks to
- Phase IV : Credit Agreement Number 1022/LD/x/08/070
attached with the amendments to the
Credit Agreement with the stocks collateral
valued at IDR 200 Billion, complete with
a Promissory Note, Credit Agreement,
Pledge Letter On a Timed Deposit.
- Bank Statement containing transactions regarding PT.
SCI for the period December 30th 2008.
• October 14th 2008 through the Bank Century Current
Account Cheque Number 15832401 to the value of IDR
458
80 Billion to PT. Antaboga Delta Sekuritas
Indonesia’s account, attached with a deposit slip.
- A partial deposit break dated October 20th 2008 with
the following details:
• Cheque Number 15832403 paid to PT. Mega Capital
Indonesia with the value of IDR 20.104 Million at
Bank Mega.
Deltasekuritas Indonesia with the value of IDR
28.500 Million at Bank Century.Number 04444151 to
the amount of IDR 5 Billion to PT. Antaboga
Deltasekuritas Indonesia’s account, attached with
a deposit slip.
- On October 21st 2008 Cheque Number 044444152 was
written and paid to PT. All to the sum of IDR 460
459
- On October 23rd 2008 Cheque Number 15832405 was
written and paid to PT. All to the sum of IDR 3.755
- On October 27th 2008, 70 transactions involving a
number of cheques occurred with the following details:
a. Cheque Number 15832407 paid to Yuliawati the
b. Cheque Number 15832408 paid to Imelda Ratnawati
c. Cheque Number 15832409 paid to Imelda Ratnawati
d. Cheque Number 15832410 paid to Yuliawati the
e. Cheque Number 15832411 paid to RAU Muara Karang
f. Cheque Number 15832412 paid to RAU Muara Karang
g. Cheque Number 15832413 paid to RAU Muara Karang
h. Cheque Number 15832414 paid to Kaisanto Chairil
i. Cheque Number 15832415 paid to Purnawati H./Bing
Iskandar the amount of IDR 200 Million at Bank
Century.
j. Cheque Number 15832416 paid to Thomas Bele Abelo
460
k. Cheque Number 15832417 paid to RAU Kelapa Gading
Blvd the amount of IDR 100 Million at Bank
Century.
l. Cheque Number 15832418 paid to Andreas Indra W.
m. Cheque Number 15832419 paid to Celine Rafela the
n. Cheque Number 15832420 paid to Daniel Liauw the
Listijati the amount of IDR 100 Million at Bank
Century.
Listijati the amount of IDR 100 Million at Bank
Century.
H./Soebianto the amount of IDR 130 Million at
Bank Century.
r. Cheque Number 15832424 paid to Fenny Leo/Julius
Danu the amount of IDR 100 Million at Bank
Century.
s. Cheque Number 15832425 paid to Henny Herawati
t. Cheque Number 15832426 paid to L.
Margareta/Yance the amount of IDR 100 Million at
Bank Century.
461
u. Cheque Number 15832427 paid to L.
Bank Century.
v. Cheque Number 15832428 paid to L.
Bank Century.
w. Cheque Number 15832429 paid to L.
Bank Century.
x. Cheque Number 15832430 paid to Lisa Yuriko the
y. Cheque Number 15832431 paid to Oong Irianto the
z. Cheque Number 15832432 paid to Suherman the
Rasidin/Minawati the amount of IDR 100 Million
at Bank Century.
Sintiani/E.M. Ina Listiwati the amount of IDR
100 Million at Bank Century.
S./Inderawati the amount of IDR 100 Million at
Bank Century.
462
S./Inderawati the amount of IDR 100 Million at
Bank Century.
ee. Cheque Number 15832437 paid to Tjong Tjoek Nyoek
ff. Cheque Number 15832438 paid to Sri Suci C.
Tjen/Fenny the amount of IDR 150 Million at Bank
Century.
Horsan/Imelda H. the amount of IDR 500 Million
at Bank Century.
Horsan/Imelda H. the amount of IDR 450 Million
at Bank Century.
ii. Cheque Number 15832441 paid to Yuliana SE the
jj. Cheque Number 15832442 paid to RAU Senayan the
kk. Cheque Number 15832443 paid to RAU Senayan the
ll. Cheque Number 15832444 paid to Lismijati Njohana
mm. Cheque Number 15832445 paid to Zheng Mei Feng
nn. Cheque Number 15832446 paid to Nani Liyanto the
463
oo. Cheque Number 15832447 paid to Khoe Siat Jin the
amount of IDR 1.200 Million at Bank Century.
pp. Cheque Number 15832448 paid to Julia Monica the
qq. Cheque Number 15832449 paid to Liliana Tjandra
Soenandi the amount of IDR 110 Million at Bank
Century.
ss. Cheque Number 15832451 paid to Henky Bambang
Soenandi the amount of IDR 60 Million at Bank
Century.
tt. Cheque Number 15832452 paid to Hans Paulus the
uu. Cheque Number 15832453 paid to Jessica Giovanni
vv. Cheque Number 15832454 paid to Azam Hisyam Ir.
ww. Cheque Number 15832455 paid to Azam Hisyam Ir.
xx. Cheque Number 15832456 paid to Azam Hisyam Ir.
Theresia Halim the amount of IDR 1.000 Million
at Bank Century.
464
zz. Cheque Number 15832458 paid to RAU RMI the
ccc. Cheque Number 15832461 paid to Hadi Prayogo the
eee. Cheque Number 15832463 paid to Winarto Ong
Hardjo the amount of IDR 75 Million at Bank
Century.
fff. Cheque Number 15832464 paid to RAU Kertajaya the
ggg. Cheque Number 15832465 paid to RAU Kertajaya the
hhh. Cheque Number 15832466 paid to RAU Kertajaya the
iii. Cheque Number 15832467 paid to RAU Kertajaya the
E./Fulbertus the amount of IDR 100 Million at
Bank Century.
kkk. Cheque Number 15832469 paid to Ngo Gracia the
465
Thionardo the amount of IDR 499 Million at Bank
Century.
mmm. Cheque Number 15832471 paid to Fredy Lulin the
nnn. Cheque Number 15832472 paid to Tjio Yulianita
Imuk Cahya the amount of IDR 2.000 Million at
Bank Century.
Tjitra/Kartika N. the amount of IDR 213 Million
at Bank Century.
ppp. Cheque Number 15832474 paid to Antaboga Delta
Sekuritas the amount of IDR 19.600 Million at
Bank Century.
qqq. Cheque Number 15832475 paid to Antaboga Delta
Sekuritas the amount of IDR 200 Million at Bank
Century.
rrr. Cheque Number 15832476 paid to Antaboga Delta
Bank Century.
sss. Cheque Number 15832476 paid to Antaboga Delta
Bank Century.
Copy of AMIRUDDIN RUSTAM’s book/ file, account Number
4100. 0000292788.101, Bank Century, JI. Achmad Yani Makasar.
466
a. 4 (four) copies of a letter from First Global Funds
to the Hong Kong Standard Chartered Bank dated
October 13th 2008 signed by HESHAM AL WARRAQ attached
with PT. Bank Century Tbk’s Swift Incoming Bank
Statement from the Singapore Standard Chartered Bank
dated October 14th 2008 with the amount of USD
10.001.794,71.
showing the bank statement transactions of PT. Kuo
Capital/PT. Signature Indonesia, Account Number
1022-0000739561-002 dated October 14th 2008 complete
with the following:
- Withdrawal Note Number 10613851 to the sum of USD7
Million and a general credit voucher with a
foreign currency deposit placement under the name
of PT. Signature Capital Indonesia dated October
14th 2008 with the amount of USD 7 Million.
- Withdrawal Note Number 10613852 to the sum of USD
3 Million and a general credit voucher with a
foreign currency deposit placement under the name
of PT. Signature Capital Indonesia dated October
14th 2008 with the amount of USD 3 Million.
placed under the name of PT. Signature Capital
Indonesia dated October 14th 2008 amounts to the
total of USD 10 Million.
467
c. 10 (ten) legalized copies of Credit Memorandum (MAK)
Number 222/B·KRK·KAP/AII/KPO/III/08 dated March 17th
d. A legalized copy of Credit Memorandum (MAK) Number
245/R-KAP/AI/KPO/V/08 dated May 15th 2008 from PT.
Bank Century.
e. A legalized copy of Credit Memorandum (MAK) Number
249/R-KAP/AI/KPO/V/08 dated May 29th 2008 from PT.
Bank Century.
Documents Receipt Registration to the Region III
Head Secretary.
11. Confiscated SITA DARANANTI, in the form of:
a. A legalized copy of a Custodian Services Application
Form dated March 27th 2003 under the name of Bank CIC
Internasional Tbk, signed by MATHESA SEMBIRING
(Director) and HAMIDY (Director);
III/45/CSDA/2003;
c. A legalized copy of a signature sample of an officer
authorized to carry out the transfer instructions
for Securities under the name of Bank CIC
Internasional signed by MATHESA SEMBIRING
(Director), HAMIDY (Director), TJOKO INDRA (Treasury
Division Head) and SRIYONO (Directors’ Bureau
Division Head);
468
019/Century/D/XII/2004 dated December 12th 2004
regarding the merger of Bank CIC Internasional Tbk,
PT. Bank PIKKO Tbk and PT. Bank DANPAC Tbk into PT.
Bank Century.
e. A legalized copy of Bank Century Letter Number
021/Century/D/XII/2004 dated December 15th 2004 which
was addressed to the corresponding banks regarding
the sample signatures for the following authorized
personnel: ANWARY SURJAUDAJA (Managing Director),
HERMANUS HASAN MUSLIM (Assistant Managing Director),
HAMIDY (Director), LAURENCE KUSUMA (Director),
SRIYONO (Director), DJOKO HINDRA, THERESIA DEWI
TANTULAR, KRISHNAJAGATESEN, SUNARTONO, YANTI PK
WANGSAHARDJA;
f. A copy of Bank Century’s securities transaction data
at the Custodian Bank Niaga for the period of April
29th 2003 until November 9th 2007;
g. A legalized copy of Bank Century Letter dated June
6th 2005 signed by LAURENCE KUSUMA (Director) and
SUNARTONO (Division Head) regarding payment
instructions for matured Securities (in English);
h. A legalized copy of Bank Century Letter Number Trf.
TSY-012/II/05 regarding a Transfer Of Securities
dated February 18th 2003;
469
i. A legalized copy of Bank Century Letter Number Trf.
TSY-042/VII/05 regarding a Transfer Of US Treasury
Strip dated July 19th 2005;
j. A legalized copy of Bank Century Letter Number Trf.
TSY-043/VII/05 regarding a Transfer Of Securities
dated July 19th 2005;
k. A legalized copy of Bank Century Letter Number Trf.
TSY-044/VII/05 regarding a Transfer Of Securities
dated July 19th 2005;
l. A legalized copy of Bank Century Letter Number Trf.
TSY-053/X/05 regarding a Transfer Of Securities
dated October 18th 2005;
m. A legalized copy of Bank Century Letter Number Trf.
n. A legalized copy of Bank Century Letter Number Trf.
o. A legalized copy of Bank Century Letter Number Trf.
p. A legalized copy of Bank Century Letter Number Trf.
TSY-013/III/06 regarding a Transfer Of Securities
dated March 22nd 2006;
q. A legalized copy of Bank Century Letter Number Trf.
TSY-029/V/06 regarding a Transfer Of Securities
dated May 10th 2006;
470
r. A legalized copy of Bank Century Letter Number Trf.
s. A legalized copy of Bank Century Letter Number Trf.
t. A legalized copy of Bank Century Letter Number Trf.
TSY-139/XI/07 regarding a Transfer Of Securities
dated November 7th 2007;
u. PT. Bank Century’s Portfolio Report, position as of
September and October 2005, February and March 2006.
12. Confiscated from ARGA TIRTA KIRANA, in the form of:
a. 2 (two) legalized copies of a Bank Century Letter
Number 486.A/PNG-KR/PERUB/KPO/XI/08 dated November
4th 2008 to PT. Signature Capital Indonesia regarding
an approval for Collateral Substitution (Director’s/
b. 1 (one) legalized copy of a Bank Century Letter
Number 005/PERS-KOM/LG/X/08 dated October 8th 2008
regarding the Commissioner’s Approval (Director’s/
c. 1 (one) legalized copy of a Bank Century Letter, the
Board Of Directors’ Letter Of Authority Number
005/SK-DIR/X/08 dated October 28th 2008 (Director’s/
d. 3 (three) legalized copies of Bank Century’s Legal
Aspect Analysis from Senayan Operational Head Office
471
Number FPK 308/B-KAP/SCI/X/08 dated September 26th
2008 (Director’s/Commissioner’s signature not found).
e. 4 (four) legalized copies of a letter from Bank
Century Number 303/PNG-KR/B/KPO/XI/07 dated November
30th 2007 to PT. Wibowo Wadah Rejeki regarding a
Credit Facility Approval signed by HERMANUS HASAN
MUSLIM (Managing Director) and HAMIDY (Assistant
Managing Director).
f. 1 (one) legalized copy of a Bank Century
Commissioner’s Approval Number 066/PERS-KOM/LG/XI/07
dated November 30th 2007 signed by POERWANTO KAMSJADI
(Commissioner) and Drs. RUSLI PRAKARSA (Commissioner).
g. 1 (one) legalized copy of a Bank Century Board Of
Directors’ Letter Of Authority Number 066/SK-
DIR/0007 dated November 30th 2007 signed by HERMANUS
h. 5 (five) legalized copies of a Bank Century Board Of
Directors’ Letter Of Authority Number 180/PNG-
KR/B/KPO/IV/08 dated April 10th 2008 regarding a
Credit Facility Approval to PT. Accent Investment
Indonesia signed by HERMANUS HASAN MUSLIM (Managing
Director) and HAMIDY (Assistant Managing Director).
i. 1 (one) legalized copy of a Bank Century
Commissioner’s Approval Number 017/PERS-KOM/LG/XI/08
dated April 10th 2008 signed by POERWANTO KAMSJADI
(Commissioner) and Drs. RUSLI PRAKARSA (Commissioner).
472
j. 1 (one) legalized copy of a Bank Century Board Of
Directors’ Letter Of Authority Number 016/SK-
DIR/0007 dated April 10th 2008 signed by HERMANUS
k. 3 (three) legalized copies of a Bank Century Letter
of Entry to the legal division of PT. Wibowo Wadah
Rejeki and PT. Accent Investment Indonesia.
l. 3 (three) legalized copies of a Bank Century Exit
Letter from the legal division of PT. Wibowo Wadah
Rejeki and PT. Accent Investment Indonesia.
Remains attached to the case file
- 1 (one) piece each of a Silver Nokia 6155 and
Silver Nokia N-70 mobile phone confiscated from
the defendant ROBERT TANTULAR, MBA returned to the
Defendant ROBERT TANTULAR, MBA.
- 1 (one) piece of a Black Nokia 6020 serial number
IMEI (International Mobil Equipment Identity)
3597720003888406 with the number 08161117150 confiscate
from TIAN IE TUNG returned to TIAN IE TUNG.
- 1 (one) piece of a black Samsung Type 170 with the
SIM Card Number 08175000989 (XL) confiscated from
MICHAEL CHUNG returned to MICHAEL CHUNG.
8. To stipulate that defendant ROBERT TANTULAR, MBA is liable
for legal expenses to the amount of IDR 5.000 (five
thousand rupiahs).
473
So it is decided in the meeting of Judge Council of the
Central Jakarta District Court on FRIDAY, September 4th 2009 by
us, Sugeng Riyono, SH., M.Hum, acting as Chief Judge of the
Council, Reno Listowo, SH., MH.- and Herdi Agusten, SH., MH.-,
each acting as Judge, in which the verdict is stated on
THURSDAY, September 10th 2009 in a public trial. The trial is
assisted by Parmin, SH.-, acting as the Deputy Registrar in
the District Court, and is attended by the Prosecutor, Teguh
Suhendro, SH, the Defendant’s Team of Attorneys and the
Defendant himself.
Judges; Chief Judge;
Signed signed
(Retno Listowo, SH., MH.-) (Sugeng Riyono, SH, M.Hum.-)
Signed
(Herdi Agusten, SH., MH.-)
Deputy Registrar
signed
(Parmin, SH.-)
474

Annex 9 - Tantular Trial - VERDICT

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Annex 9 - Tantular Trial - VERDICT

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DEFENDANT : ROBERT TANTULAR, MBA

CHIEF JUDGE : SUGENG RIYONO, S.H., M.Hum

“For Justice Based On the Almighty God”

The Central Jakarta District Court has hereby investigated,

Full Name : ROBERT TANTULAR, MBA

Place of Birth : Jakarta

Age/Date Of Birth : 46 years/September 12, 1962

Occupation : President Director of PT. Century Mega

Address : Jl. Simprug Golf 14 Kav. A1/10, RT/RW

02/08, Sub-district of. Grogol Selatan,

District of Kebayoran Lama, Jakarta Selatan

Education : S2 (Master/Graduate Degree)

The defendant has been placed under arrest at the State

Penitentiary by the following:

- The court investigator as of 26 November 2008 until 15

- Extended by the Prosecutor from 16 December 2008 until 24

January 2009 until 23 February 2009;

- Extended further by the Central Jakarta District Court from

24 February 2009 until 25 March 2009;

- Placed under arrest by the Prosecutor from 26 March 2009

until 13 April 2009

- Arrest period extended by the Central Jakarta District Court

from 14 April until 13 May 2009.

- Extended by the Judge from 6 May 2009 until 4 June 2009

- Extended by the Deputy Chief Judge from 5 June 2009 until 3

- Extended by the Deputy Chief Judge of the Jakarta High Court

from 4 August 2009 until 2 September 2009

- Extended by the Deputy Chief Judge of the Jakarta High Court

from 3 September 2009 until 2 October 2009

Defendant was accompanied by legal counsels: Harry Kailimang,

S.H.,M.H., Harry Ponto, S.H.,M.H., Bambang Hartono, S.H.,M.H.,

Desmayani S.,S.H., M.Kn.. Advocates of the Kailimang & Ponto

X-7 Kav. 5 Jakarta 12940, acting in accordance to the special

warrant dated 18 May 2009 and T. Triyanto, S.H., C.N.,

Pujiati, S.H., advocate and lawyer, addressed at Jl. Cikini

Raya Number 39 Jakarta, also acting in accordance to the

special warrant dated 18 June 2009;

The District Court:

Has received and heard the testimonies of witnesses and

Has heard the indictment of the Prosecutor, in which the

main point is to plead to the Judge Council to sentence the

Defendant with the following:

1. To charge the Defendant ROBERT TANTULAR guilty of committing

a felony in banking, acting in his position as stockholder

deliberately consorting with the bank employees by issuing

orders to commit actions that resulted in the bank failing

to undertake the necessary measures in order to ensure the

bank’s compliance with the laws and regulations of banking

as stated in the first indictment violating Article 50A of

Law Number 10 Year 1998 On The Amendment Of Law Number 7

Year 1992 On Banking Jo Article 55 Paragraph (1) Of The

Penal Code and the second indictment violating Article 50A

of Law Number 10 Year 1998 On The Amendment Of Law Number 7

Year 1992 On Banking Jo Article 55 Paragraph (1) of the

Penal Code Jo Article 65 of the Penal Code and as the

affiliated party committing a crime deliberately and

collectively by failing to undertake the necessary measures

in order to ensure the bank’s compliance to the laws and

regulations of banking as stated in the first indictment

violating Article 50 of Law Number 10 Year 1998 On The

Amendment Of Law Number 7 Year 1992 On Banking Jo Article