Two weeks before the decision of the Jakarta State Administrative Court (PTUN), the cold war between PT Digital Praja Makayasa and the Indonesian National Police Traffic Corps and PT Graha Qynthar Abadi related to alleged fraudulent procurement of 250 BMW motorbikes for the 2018 Asian Games heating up.
In this case, PT Digital Praja Makayasa acted as the plaintiff and National Police Corporal as defendant I and PT Graha Qynthar Abadi became defendants II.
Attorney at PT Digital Praja Makayasa from the Guritno and Partnership law office – Advocate and Legal Consultant, Hawit Guritno responded to the statement of the attorney of the National Police Corruption, Adi Warman, who called the claim very premature.
He stressed that before filing a lawsuit to the Administrative Court, his party had taken the procedure through APIP in accordance with the rules in Article 117 of the Presidential Regulation Number 54 of 2010.
After the rebuttal has been rejected, there is no such thing as a further attempt to appeal the appeal. Because, Presidential Regulation Number 4 Year 2015 which is a substitute for Presidential Regulation Number 54 of 2010, states that the appeal rebuttal is gone.
“The legal facts are from the expert’s statement, then the witness’s statement. Indeed, the appeal rebuttal is gone. So after being denied, without us even making a complaint to APIP, we could immediately file a lawsuit with the Administrative Court, “said Hawit Guritno, Thursday (01/17/2019).
In addition, in Article 62 of Law Number 5 Year 1986 as amended and added to in Law Number 9 of 2004 concerning State Administrative Courts there is a Dismissal Process mechanism by the Chairperson of the Administrative Court.
This mechanism can determine whether or not a claim is the authority of the Administrative Court and whether the claim is premature or too early or not. If it is the authority of the Administrative Court and is not premature, the claim of the plaintiff can be entered on the preparatory examination agenda until the final decision.
“So about the authority or competence of the Administrative Court and the premature claim of the plaintiff has been tested by the Chairperson of the Administrative Court before the lawsuit is heard by the panel of judges,” said Hawit Guritno.
Previously, the attorney of the Indonesian National Police Traffic Corps, Adi Warman, stated that if the lawsuit filed by PT Digital Praja Makayasa to PTUN was too premature.
“The main point is, we declare that the plaintiff’s claim is premature. It should go through the APIP process as stipulated in article 117 of the Perpes Number 54 of 2010 concerning the procurement of goods and services,” said Adi Warman at the Jakarta Administrative Court, Wednesday (1/16/2019).
Photo Credit : BMW Motorrad/ADV Pulse
