Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Ali Salmande, Andin Aditya Rahman
Sumatra Partners LLC, a United States-based financing company, has sued Ali Budiarjo Nugroho Reksodiputro (ABNR) law firm for USD 4 million in damages, along with sequestration of assets, in the South Jakarta District Court.
Bobby R. Manalu, Sumatra Partners LLC’s attorney, explained that the lawsuit primarily relates to a legal opinion provided by ABNR attorneys. Manalu is arguing that the legal opinion was misleading and resulted in losses to his client. The mediation process between the disputing parties failed and the case will proceed to a first examination on Tuesday.
“Mediation has failed,” stated Bobby to Hukumonline.
The conflict started when Sumatra Partners LLC invested in Indonesia through an agreement with PT Bangun Karya Pratama Lestari (BKPL) for the lease of 12 CAT 773E series trucks. To this end, Sumatra Partners LLC requested the legal opinion of ABNR.
The ABNR attorneys suggested that rather than directly purchasing the trucks, Sumatra Partners LLC should provide a USD 2 million loan to BKPL for BKPL to purchase the trucks. The trucks would then be collateralized by a fiducia which could be enforced should BKPL default on the loan.
Soon after entering the agreement, BKPL could not make repayments on the loan. Upon further investigation, it was also discovered that the 12 trucks were registered under another fiducia on behalf of CIMB Niaga Bank.
The plaintiff is arguing that ABNR was negligent in providing information to Sumatra Partners LLC without properly confirming whether or not the 12 trucks were registered on behalf of another creditor.
Sumatra Partners LLC further argues that the ABNR attorneys should have ensured the authenticity and lawfulness of the bank guarantee. It is also alleged that ABNR involved a foreign attorney in providing the disputed legal opinion, notwithstanding the clear prohibition against foreign lawyers from providing legal opinions on Indonesian law.
The lawsuit has implicated 22 partners and advocates from ABNR including Mardjono Reksodiputro, Ricky S. Nazir, Ferry P. Madian, Emir Nurmansyah, Nafis Adwani, Rita Tyastuti Taufik, Agus Ahadi Derajdat, Woody Pananto, Chandrawati Dewi, Luky I Walalangi, Sahat M. Siahaan, Herry Nuryanto Kurniawan, Nurdin Adiwibowo, Freddy Karyadi.
The other advocates allegedly involved and who also contributed to the disputed legal opinion for the agreement between Sumatra Partners LLC and BKPL include Kevin Omar Sidharta, Oene J. Marseille, Gifty Pardede, Elsie Frieska Hakim, Fiesta Victoria, Michelle Putrie Manuhutu, Chirstine Hakim, dan Eva Fatimah Fauziah.
In response to the case, Nafis Adwani, a partner at ABNR, is of the view that the lawsuit lacks a legal basis because ABNR appoints a notary for every fiducia registration.
“When we granted a power to the notary for the registration, the fiducia office did not reject it. We acquired the fiducia certificate,” he asserted when contacted by Hukumonline on Thursday.
He explained that the problematic double fiducia has nothing to do with the attorneys that provided the legal opinion for Sumatra Partners LLC.
“They should chase down BKPL instead. They stated that it wasn’t registered as a fiducia, is not collateralized and so forth,” stated Nafis.
He also emphasized the matter of the bank guarantee is not included within the ambit of the legal opinion given by ABNR.
“Sumatra Partners gave us a draft of a bank guarantee. They only requested us to review it. How should we know if it’s fake or not,” he asserted.
Nafis also assured that the foreign lawyer of ABNR is not directly involved in the disputed legal opinion. The said foreign lawyer only acted as a correspondent assisting with communications, considering Sumatra Partners LLC is domiciled in the United States.
“The legal opinion is signed by our local partner” he stated.
Additionally, Nafis stated that malpractice should be reported to the honorary board of the Indonesian Advocates Association (PERADI).
“This should go through PERADI first,” concluded Nafis.
(hot/kc)
Ali Salmande, Andin Aditya Rahman
Sumatra Partners LLC, a United States-based financing company, has sued Ali Budiarjo Nugroho Reksodiputro (ABNR) law firm for USD 4 million in damages, along with sequestration of assets, in the South Jakarta District Court.
Bobby R. Manalu, Sumatra Partners LLC’s attorney, explained that the lawsuit primarily relates to a legal opinion provided by ABNR attorneys. Manalu is arguing that the legal opinion was misleading and resulted in losses to his client. The mediation process between the disputing parties failed and the case will proceed to a first examination on Tuesday.
“Mediation has failed,” stated Bobby to Hukumonline.
The conflict started when Sumatra Partners LLC invested in Indonesia through an agreement with PT Bangun Karya Pratama Lestari (BKPL) for the lease of 12 CAT 773E series trucks. To this end, Sumatra Partners LLC requested the legal opinion of ABNR.
The ABNR attorneys suggested that rather than directly purchasing the trucks, Sumatra Partners LLC should provide a USD 2 million loan to BKPL for BKPL to purchase the trucks. The trucks would then be collateralized by a fiducia which could be enforced should BKPL default on the loan.
Soon after entering the agreement, BKPL could not make repayments on the loan. Upon further investigation, it was also discovered that the 12 trucks were registered under another fiducia on behalf of CIMB Niaga Bank.
The plaintiff is arguing that ABNR was negligent in providing information to Sumatra Partners LLC without properly confirming whether or not the 12 trucks were registered on behalf of another creditor.
Sumatra Partners LLC further argues that the ABNR attorneys should have ensured the authenticity and lawfulness of the bank guarantee. It is also alleged that ABNR involved a foreign attorney in providing the disputed legal opinion, notwithstanding the clear prohibition against foreign lawyers from providing legal opinions on Indonesian law.
The lawsuit has implicated 22 partners and advocates from ABNR including Mardjono Reksodiputro, Ricky S. Nazir, Ferry P. Madian, Emir Nurmansyah, Nafis Adwani, Rita Tyastuti Taufik, Agus Ahadi Derajdat, Woody Pananto, Chandrawati Dewi, Luky I Walalangi, Sahat M. Siahaan, Herry Nuryanto Kurniawan, Nurdin Adiwibowo, Freddy Karyadi.
The other advocates allegedly involved and who also contributed to the disputed legal opinion for the agreement between Sumatra Partners LLC and BKPL include Kevin Omar Sidharta, Oene J. Marseille, Gifty Pardede, Elsie Frieska Hakim, Fiesta Victoria, Michelle Putrie Manuhutu, Chirstine Hakim, dan Eva Fatimah Fauziah.
In response to the case, Nafis Adwani, a partner at ABNR, is of the view that the lawsuit lacks a legal basis because ABNR appoints a notary for every fiducia registration.
“When we granted a power to the notary for the registration, the fiducia office did not reject it. We acquired the fiducia certificate,” he asserted when contacted by Hukumonline on Thursday.
He explained that the problematic double fiducia has nothing to do with the attorneys that provided the legal opinion for Sumatra Partners LLC.
“They should chase down BKPL instead. They stated that it wasn’t registered as a fiducia, is not collateralized and so forth,” stated Nafis.
He also emphasized the matter of the bank guarantee is not included within the ambit of the legal opinion given by ABNR.
“Sumatra Partners gave us a draft of a bank guarantee. They only requested us to review it. How should we know if it’s fake or not,” he asserted.
Nafis also assured that the foreign lawyer of ABNR is not directly involved in the disputed legal opinion. The said foreign lawyer only acted as a correspondent assisting with communications, considering Sumatra Partners LLC is domiciled in the United States.
“The legal opinion is signed by our local partner” he stated.
Additionally, Nafis stated that malpractice should be reported to the honorary board of the Indonesian Advocates Association (PERADI).
“This should go through PERADI first,” concluded Nafis.
(hot/kc)