Actor Onky's case is criminal, not civil, says prosecutor

JAKARTA (JP): Prosecutor Noor Said has rejected the defense lawyer's claim that movie star Onky Alexander should be tried on civil rather than criminal charges in an alleged swindle also involving his father, Anton Hartmoko Poernomo Sapardan.

Prosecutor Noor Said told the West Jakarta District Court, presided over by Judge Ali Budiarto, on Monday that the argument of the defense lawyer, Otto Cornelis Kaligis, who categorized the case as civil, is baseless and should be disregarded.

Kaligis had previously requested that criminal charges be dropped because the financial dispute involving his clients is a civil matter.

Kaligis' argument that his clients had not lied or used a fake land certificate was countered by the prosecutor.

Kaligis claimed the certificate was made and approved by a notary.

"The role of public notary in this case is passive because they made the legal act based on the required documents submitted by the defendants who know better about their validity," Said said.

Plaintiff Ni Made Tiani claims Onky, whose real name is Alexander Harianto Sapardan, cheated her of Rp 200 million (US$93,150). Onky borrowed the money from her in December 1991. He gave a certificate for a 1,380-square-meter parcel of land in Tambora district, West Jakarta, to her as collateral.

Provision

The loan was made under the provision that the land would revert to the creditor if the funds were not repaid within three months.

Onky reneged on the loan, and Ni Made Tiani preferred cash to the land.

Onky and his father then sold the land to Achmad, a contractor, for Rp 300 million. The payment consisted of Rp 20 million in cash and the rest in the form of two checks.

Onky gave the checks to Ni Made Tiany, who reported him to the police when the bank refused to honor them. He was arrested in October 1991.

In December of that year, while Onky was out on bail with the requirement that he report to the police twice a week, police got a report from Achmad that Onky had cheated him out of Rp 20 million.

Achmad said Onky and his father had sold him the 1,380-square- meter plot of land and he had paid Rp 20 million in advance. The land, however, is only 447 square meters in area, Achmad said.

Police tried to detain Onky again, but he disappeared for six months. He turned himself in to the police in March 1993.

Earlier, Prosecutors M. Sidik Latuconsina and M. Noor Said said the land sold by Onky and his father to Achmad did not belong to them. It was owned by Mrs. Rugayah, who had never transferred ownership.

The trial was adjourned until July 21. (03)