Jakarta, CNBC Indonesia – Spokesperson for the Financial Services Authority (OJK), Sekar Putih Djarot, emphasized that PT Indosterling Optima Investa (IOI), one of the entities under the Indosterling Group, does not have a business license and is registered as a financial institution that can manage customer funds at OJK.
Sekar emphasized this in the midst of the outbreak of PT IOI’s default case worth Rp 1.9 trillion, allegedly from Indosterling High Yield Promissory Notes (HYPN) products. This investment product promises a return or investment return of 9% to 12% every year.
“PT IOI is not registered / licensed by the OJK, handling it through the Investment Alert Task Force. The public should be alert to avoid investment fraud, especially in the capital market,” Sekar said, when contacted by CNBC Indonesia, Monday (16/11/2020).
Sekar reminded customers to reconsider their investment choices more carefully, especially if they offer unreasonable returns.
“Keep in mind, the key is logical and legal, logically assessed from the offer of investment returns, if it doesn’t make sense then be careful, and legally must be checked for business license from OJK,” he added.
PT IOI’s default case, the company that was built by Sean William Hanley, started after reports of many customers who started to suffer losses.
According to IOI’s customer lawyer, Andreas from Global Eternity Law Firm, PT IOI has been raising funds since 2018/2019 by selling High Yield Promissory Note (HYPN) products with interest ranging from 9% -12%.
However, since April 2020, defaults have occurred. Customers also just found out that the HYPN product did not have a permit to raise funds from the OJK or Bank Indonesia.
“Whereas in the agreement in article 6 letter e it says, they have all types of permits required, including from financial institutions,” Andreas explained to CNBC Indonesia, Monday (16/11/2020).
On this basis, as many as 58 customers with a loss of up to Rp 95 billion reported to Bareskrim with report number LP 0364 / VII / 2020 / Bareskrim on July 6, 2020.
There were 3 parties reported, namely PT IOI, SWH (Sean William Hanley) as director and JBP (Juli Berliana Posman) as commissioner. Andreas’s client chose to take the criminal route rather than PKPU in court because, PKPU offered to disburse for 4-7 years, this is what the client later refused.
SWH was later named a suspect on September 30, 2020 for allegedly violating Article 46 regarding the Banking Law in conjunction with Article 3,4,5 concerning the crime of money laundering (TPPU) with a maximum penalty of 20 years in prison.
Andreas said that customer funds held at PT IOI also varied, ranging from Rp 250 million to Rp 11 billion per person.
“Customers are questioning why they haven’t been detained? Until last Friday the customers came again to Bareskrim and came to Irwasum and Propam to ask for legal protection,” said Andreas.
There were three requests from customers in the report, namely the title of a special case why the suspect was not detained, the second was confiscation of the suspect’s assets and immigration bans.
William Henley’s attorney, Hardodi from HD Law Firm indeed confirmed that his client was named a suspect by the Criminal Investigation Unit of the National Police, Cq Directorate of Economic and Special Crimes on September 30, 2020.
This information is also conveyed in the information disclosure number: S-06953 / BEI.PP1 / 11-2020. This is because William Henley is a Commissioner of PT Indosterling Technomedia Tbk (TECH), a subsidiary of PT Indosterling Sarana Investa. Currently, the development of the legal process has entered the investigation stage.
However, the determination of the suspect does not mean that his client has been proven to have committed a criminal act as reported by the reporter.
Because, according to him, in law enforcement in Indonesia, there is a presumption of innocence which is regulated in the General Elucidation of the Criminal Procedure Code point 3 letter c and in article 8 of Law Number 48 of 2009 concerning Judicial Power.
Meanwhile, the legal effort currently being taken by the legal team is to settle obligations through a homologation decision to customers through the Commercial Court decision at the Central Jakarta District Court No. 174 / PDT-SUS / PKPU / 2020 / PN.NIAGA.JKT.PST on 2 August 2020.
Furthermore, another step is to follow the legal process in accordance with the criminal procedure law and to approach customers who are not related to the PKPU decision in a persuasive manner.
“We are also preparing pretrial legal steps,” said Hardodi, in his letter received by CNBC Indonesia, Monday (16/11/2020).
(hps / hps)
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