Court rejects Bankers Trust's request for judge replacement<\/p>\n
JAKARTA (JP): The head of the South Jakarta District Court has
\nrejected a demand by the United Kingdom-based Bankers Trust
\nInternational PLC that the judge presiding over its civil lawsuit
\ncase against PT Jakarta International Hotel & Development (JIHD)
\nbe replaced to ensure a fair trial.<\/p>\n
"There is no legal reason to fulfill the defendant's request,"
\nhead of the court, Soenarto, said in a decision dated July 8,
\ndisclosed on Thursday by Bankers Trust lawyers.<\/p>\n
The defendant's lawyer, Ibrahim Senen of Dermawan and Co. law
\nfirm, said he was surprised by the court's one-page document
\ndecision. He said it did not address any of the defendant's
\narguments regarding replacement of the presiding judge.<\/p>\n
"We are really upset and consider the decision quite
\nunexpected," he said.<\/p>\n
Ibrahim said the right to challenge a judge presiding over an
\nongoing case was clearly stipulated in Law No. 14\/1970 regarding
\nthe power of the judiciary.<\/p>\n
"The law was enacted to serve as an effective mechanism to
\ncontrol judges who act outside the law," he said, alleging that
\npresiding judge J.M. Simatupang appeared to be biased in favor of
\nthe plaintiff.<\/p>\n
The plaintiff's lawyer, Hotman Paris Hutapea, said the court's
\ndecision to reject the request was in accordance with the law.<\/p>\n
Bankers Trust filed the request late last month on the grounds
\nthat presiding judge Simatupang violated civil procedural law and
\nadministered unfair treatment during the court hearings.<\/p>\n
The defendant filed the same request in relation to its civil
\nlitigation suit against PT Mayora Indah.<\/p>\n
Judge Simatupang is presiding over both cases.<\/p>\n
Mayora and JIHD, both listed on the Jakarta Stock Exchange,
\nfiled lawsuits at the South Jakarta District Court against
\nBankers Trust last year. Lawyers acting on behalf of the
\nplaintiffs claimed the bank had concluded high risk banking
\ntransactions (derivative contracts) for the firms without prior
\nfinancial advice.<\/p>\n
The plaintiffs claimed the transactions had led to great
\nfinancial losses.<\/p>\n
The derivative contract between Mayora and Bankers Trust,
\nwhich was signed in 1997 and falls due in 2004, requires Mayora
\nto exchange US$50 million in rupiah at an agreed rate with
\nBankers Trust.<\/p>\n
The contract with JIHD, signed in 1995, bears different
\nmaturity dates, ranging from 2002 to 2005, with a net delivery
\nvalue of $88 million.(udi)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/court-rejects-bankers-trusts-request-for-judge-replacement-1447893297",
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"sponsor": "Okusi Associates",
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