Telkomsel Bankruptcy Receivers? Fee is Inappropriate, BRTI Says

Mahinda Arkyasa

Indonesian Telecommunication Regulatory Authority (BRTI) argued that the bankruptcy receivers’ fee for PT Telkomsel (Telkomsel), as determined by the Commercial Court (Court) at the Central Jakarta District Court, is inappropriate. The Court determined that Telkomsel must pay IDR 146,808 billion.

Nonot Harsono, member of BRTI Regulatory Committee, stated that the fee will place an unnecessary burden on Telkomsel and it will hinder the company’s business development.

Nonot also highlighted that it is troubling that Telkomsel is vulnerable to another request for bankruptcy if it refuses to pay the fee.

“If the company must continue to deal with legal uncertainties, when will they have the chance to improve their telecommunications infrastructure?” he asked, on Thursday (14/2).

Kamilov Sagala, Director at Institution for Development and Empowerment of Information Community, stated that he suspects foul play in the determination of bankruptcy receivers’ fee.

Kamilov explained that the fee was determined on 31 January 2013 based on the provisions stipulated under the Minister of Law and Human Rights Decree No. M.09-HT 05.10 of 1998 on Guidelines for Bankruptcy Receiver and Administrator Fee. Meanwhile, on 11 January 2013, Minister of Law and Human Rights has issued Regulation No. 1 of 2013 (2013 Regulation), which regulates the same matter.

“If the fee was determined on 31 January 2013, then it should be based on the new 2013 Regulation, not the previous regulation,” he argued.

Commenting on the issue, Telkomsel’s attorney Andri W Kusuma confirmed that the company refuses to pay the fee and will seek feasible legal action to clarify the situation.

(jt)

Mahinda Arkyasa

Indonesian Telecommunication Regulatory Authority (BRTI) argued that the bankruptcy receivers’ fee for PT Telkomsel (Telkomsel), as determined by the Commercial Court (Court) at the Central Jakarta District Court, is inappropriate. The Court determined that Telkomsel must pay IDR 146,808 billion.

Nonot Harsono, member of BRTI Regulatory Committee, stated that the fee will place an unnecessary burden on Telkomsel and it will hinder the company’s business development.

Nonot also highlighted that it is troubling that Telkomsel is vulnerable to another request for bankruptcy if it refuses to pay the fee.

“If the company must continue to deal with legal uncertainties, when will they have the chance to improve their telecommunications infrastructure?” he asked, on Thursday (14/2).

Kamilov Sagala, Director at Institution for Development and Empowerment of Information Community, stated that he suspects foul play in the determination of bankruptcy receivers’ fee.

Kamilov explained that the fee was determined on 31 January 2013 based on the provisions stipulated under the Minister of Law and Human Rights Decree No. M.09-HT 05.10 of 1998 on Guidelines for Bankruptcy Receiver and Administrator Fee. Meanwhile, on 11 January 2013, Minister of Law and Human Rights has issued Regulation No. 1 of 2013 (2013 Regulation), which regulates the same matter.

“If the fee was determined on 31 January 2013, then it should be based on the new 2013 Regulation, not the previous regulation,” he argued.

Commenting on the issue, Telkomsel’s attorney Andri W Kusuma confirmed that the company refuses to pay the fee and will seek feasible legal action to clarify the situation.

(jt)

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