Court rejects plan to appoint Basuki executor
Court rejects plan to appoint Basuki executor
JAKARTA (JP): The South Jakarta district court yesterday
rejected an appeal by the late Basuki Abdullah's lawyer to
appoint a new executor to his estate directing the matter instead
to the jurisdiction of the state owned Heredity Property
Management Body (BHP).
"The court cannot permit the request since it falls beyond the
realm of a public court," said presiding Judge Moegihardjo in
answer to Siti Zaitin Noor's appeal to have Mrs. Saraswati
Kouwenhouven appointed as executor.
In the court's opinion, a new executor must be designated by
the BHP after considering a formal request made through a public
notary.
Basuki Abdullah, one of Indonesia's most celebrated painters,
was murdered at his home at Jl. Keuangan, Cilandak, South
Jakarta, in November.
Though the culprits have since been apprehended and sentenced
10 and 15-year jail terms, controversy lingers surrounding a
secret will drawn up by the painter just months before his tragic
death.
In it he divides the bulk of his wealth, comprised of his
painting collection and reproduction rights, to Saraswati
Kouwenhouven, his Dutch daughter from a previous marriage and
Cicilia Sidhawati, his daughter from current Thai widow Nataya
Nareerat as well as the Indonesian government.
Surprisingly Nataya was left with little in the will.
Confusion surrounding the will arose just days after Basuki's
death when Dr. Fuad Hasan, former minister of education and
culture and the appointed executor of the estate, rejected any
connection to the will saying Basuki had never informed him of
the appointment.
Siti Noor then asked the South Jakarta district court to
appoint Saraswati as executor.
She claimed that as Basuki's natural daughter she was also the
legal heir to the rest of the estate since their were no formal
records supporting Nataya's marriage to Basuki.
Siti Noor also claimed that Cicilia is merely an adopted
daughter of the painter.
She brought forth evidence from the Indonesian embassy in
Bangkok that the marriage was never registered, but the
allegation was countered by Nataya's lawyer, Eddy Danuwidjaja,
who introduced marriage documents.
If the court had approved Siti Noor's request, there would
have been sufficient grounds to cut Nataya completely out of any
right to the remainder of Basuki's estate not stipulated in the
will.
Damage
When asked to comment on the verdict, Siti Noor said, "no we
don't feel we've been damaged by the verdict" adding that she
will have to consult with Saraswati before deciding to take the
matter to the BHP.
The BHP, or Balai Harta Peninggalan, is a body under the
Ministry of Justice responsible for executing disputed
inheritances first established during Dutch colonial rule.
Nataya's lawyer, Eddy Danuwidjaja, upon hearing the verdict,
refused to call it a victory.
"I was here only to represent my client who was called as a
witness," he said, leaving the courtroom while concealing a grin.
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