Jakarta –
The victory of Surabaya resident Adiyanto Wiranata (65) against PT Aneka Tambang (Antam) Persero Tbk amounting to 43 kg of gold or around Rp. 27 billion was not long. Because, the Supreme Court (MA) rejected Adiyanto’s lawsuit so that Antam escaped the penalty of paying 43 kg of gold to Adiyanto.
The case began in October 2018. At that time Adiyanto wanted to buy a number of gold bars worth IDR 27 billion. But after the money was transferred, the gold was never sent.
“The money is intended to buy 43 gold bars weighing 43 kilograms, one gold bar weighing 250 grams, 100 grams gold, 25 grams gold, and another 10 gram gold bar,” Adiyanto’s attorney, Rendi Johanis told reporters. detik.comlast Tuesday (19/1/2021).
Even so, explained Rendi, his client is still trying to confirm the gold he bought. But still the same did not get a clear answer and finally brought it to the realm of law.
“We have tried to confirm even before we also the client has done the subpoena but (still) ignored,” explained Rendi.
Finally, the lawsuit was filed with the Surabaya District Court (PN) and it was granted. The judge sentenced the defendant (Antam) to return the plaintiff’s money amounting to Rp 27,250,397,000. Not only compensated for material losses, the Surabaya District Court also ordered Antam to pay immaterial losses to Adiyanto. The amount to be paid is IDR 108 billion.
The decision was upheld by the Surabaya High Court (PT) on August 24, 2020. For this, Antam filed an appeal and it was granted.
“Accepted the cassation request from the PT Antam TBK Cassation Petitioner. Canceled the Surabaya High Court Decision Number 415/PDT/2020/PT SBY., dated August 24, 2020 which corrected the Surabaya District Court Decision Number 910/Pdt.G/2019/PN Sby. , April 1, 2020. Judging himself. Rejecting the Defendant’s exception in its entirety. In the Main Case. Rejecting the Plaintiff’s claim in its entirety,” reads the cassation decision as quoted from the MA website, Sunday (13/2/2022).
The cassation case Number 1731 K/PDT/2021 was knocked over by Yakup Ginting with members Dwi Sugiarto and Yunus Wahab.
In a similar case, Antam also escaped the lawsuit of 1.1 tons of gold filed by Budi Said. Initially, Antam was sentenced to pay 1.1 tons of gold plus an immaterial loss of Rp 500 billion to Budi Said. However, the Surabaya District Court’s decision was annulled by the Surabaya High Court (PT).
“In the Subject Matter. Stating the Re-Appealed suit of the Defendant/Defendant Reconciliation is rejected in its entirety,” said PT Surabaya’s decision.
Budi Said did not accept and is currently in the process of cassation.
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