Thu, 15 Jan 1998

Entrepreneur sues BHS managers

JAKARTA (JP): A businesswoman is suing the management of liquidated Bank Harapan Sentosa (BHS) for failing to release her Rp 405 million (US$45,000) time deposit a day before the bank was closed by the government last November.

Fifin Suryana Sentosa, 31, accompanied by seven lawyers from the West Jakarta chapter of the Indonesian Bar Association, previously filed the lawsuit against 14 BHS executives, including directors, commissioners and BHS owner Hendra Rahardja, at the Central Jakarta District Court. The trial started yesterday.

One of the lawyers, Julius Rizaldi who is also the head of the association, told the court his client had deposited her money for one month at the bank's branch in Lokasari, West Jakarta, with an interest rate of 36 percent per annum on Aug. 21 and had extended it for another month on Sept. 21.

However, Fifin failed to withdraw her money when the deposit matured on Oct. 21, the lawyer said.

When visiting the bank on Oct. 31, Fifin was told by head of the branch, Emmy D., that BHS had no fresh funds at the time, said Julius.

She was asked by Emmy to return to the branch three days later. However, the bank was closed by the government a day after her visit, he said.

Julius asked that the court find the bank's 14 executives guilty of causing material and immaterial losses to his client.

He also asked the court to rule that BHS executives refund Fifin's deposit plus Rp 200 million in immaterial losses, and confiscate the bankers' private assets as a guarantee.

Julius said the lawsuit based on Article 85 (2) of Law no. 1/1995 on limited companies states that directors are personally responsible for losses.

Presiding judge Suyatno adjourned the trial for two weeks to hear the bank's lawyers' statements.

Outside the courthouse, Julius said the West Jakarta Bar Association had so far received complaints from at least 10 bank customers complaining about their "stuck" time deposits at some of the 16 liquidated banks.

Fifin said she had decided to sue the bank's executives instead of waiting for the lengthy procedure of the bank's liquidation to be completed.

"At least I've tried, although it will be difficult to win the lawsuit," she said. (jun)