PT Internux, the operator of BOLT, was able to come up with an agreement with their creditors over their period of temporary Suspension of Debts Payment (PKPU) and the peace agreement was promulgated last week. But the speedy process has left many questions that the Ministry of Communication and Informatics decide to file a cassation. In addition to the PKPU process, we previously reported that Internux and its parent company PT First Media Tbk (KBLV) also filed two separate lawsuits against the Ministry over a similar dispute: their obligation to pay for the radio frequency Right to Use (BHP). The Minister of Communication and Informatics Rudiantara spoke about the dispute several days before Internux’s peace agreement was promulgated and he sounded enraged because of the lawsuits filed against his Ministry. On November 19, 2018, the Ministry decided to revoke Internux and KBLV’s license to use the frequency.<\/span><\/p>\n <\/p>\n On Internux’s PKPU<\/b><\/p>\n As we previously reported, on August 20, 2018, two Companies filed a PKPU lawsuit against Internux. The lawsuit filed by PT Equasel Selaras and PT Intiusaha Solusindo was registered as Case No. 126\/Pdt.Sus-PKPU\/2018\/PN Jkt.Pst. Equasel Selaras in its statement to the media said that their receivables amounted to Rp3.21 billion, which originated from the cessie of Internux’s debts to PT Cursor Media. The bills are related to Internux’s brand campaign on national television from May 2017 to August 2017. The total amount of agreement was Rp5 billion.<\/span><\/p>\n The Panel of Judges at the time decided to accept the lawsuit, and Internux officially entered their PKPU period starting the third week of September 2018. But what started with a small amount of debts, turned into a huge pond of debts, as the team of administrators announced on October 17, 2018 that they have had received bills of Rp4.3 trillion. The bills were submitted by as many as 257 creditors, including the Ministry of Communication and Informatics.<\/span><\/p>\n A week after that, it was revealed that the total amount of bills verified by the team of administrators had exceeded Rp5 trillion, with the majority of bills submitted by companies with affiliation to Internux. The creditors include:<\/span><\/p>\n The total amount of receivables submitted by the affiliated companies reached Rp2.86 trillion. This is the first issue in the PKPU process. <\/span><\/p>\n Several creditors who are not affiliated with Lippo group, including the Ministry, initially asked the judge to deny the voting rights of the affiliated companies, for a fairly understandable reason because even if the other creditors rejected the peace proposal, the affiliated companies will most likely agree to the proposal and there is nothing they can do to demand a better peace proposal. Unfortunately on October 30, 2018 the majority of creditors decided to agree on the peace proposal. <\/span><\/p>\n The second issue in the PKPU process is the promulgation of the peace proposal. The Panel of Judges initially postponed the promulgation of the agreement because the debtor had not come to an agreement with the team of administrators. On November 14, 2018, the agreement was finally promulgated. We all know that the reason the Ministry refused to approve the peace proposal was because Internux had provided a scheme to repay their debts up to 30 years after the peace agreement was promulgated, which is a violation of Law No. 36\/1999 concerning Telecommunications.<\/span><\/p>\n The Ministry, represented by one Fauzan Priyadhani, the head of the Legal Aid sub-section at the Directorate General of Resources and Equipment of Post and Informatics (SDPPI) stated that it would file for a cassation as soon as the Panel of Judges promulgate the peace agreement, and it did so. On November 18, 2018, Fauzan said that the Minister had ordered them to move forward with their legal strategy. The Ministry will cooperate with the Attorney General’s Office (AGO) who will act as the Ministry’s legal counsel,<\/span><\/p>\n Apart from the cassation, Internux must also get ready for another lawsuit. One of the creditors in the PKPU process, i.e., Raiffeisen Bank International AG, who had submitted Rp964 billion of receivables, decided to step away from the PKPU process due to differences of opinion with the team of administrators. Raiffeisen decided to pursue other legal means. Note that currently, Internux is also filing a tort lawsuit against Raiffeisen, its directors, and several other parties. <\/span><\/p>\n Revocation of Licenses<\/b><\/p>\n In addition to the mentioned disputes, the Ministry and Internux also had been in dispute at the State Administrative Court since October 2018. In short, the Ministry asked Internux to pay its obligation but the Company refused (link: http:\/\/yosefardi.com\/2018\/10\/12\/bolt-v-ministry-of-communication-and-informatics-new-dispute\/<\/a>). A month later, its parent company PT First Media Tbk (KBLV) also filed a similar lawsuit (link: http:\/\/yosefardi.com\/2018\/11\/09\/lippos-troubles-first-media\/<\/a>). <\/span><\/p>\n The Ministry said that it had been nice to the companies (including PT Jasnita Telekomindo) allowing them to postpone repayment since 2016. But instead of getting seeing gratitude, it was sued while trying to collect the payment it was supposed to get. <\/span><\/p>\n The Ministry has been saying that it will revoke the companies’ license to use frequency since the end of October 2018, and the last time the Ministry sent a subpoena was on November 9, 2018. But even with the decision to revoke its license by November 17, 2018, the Ministry received no payment. And so, on November 19, 2018, the Ministry finally revoked the companies licenses to use the frequency. This decision is in line with the provision on the Regulation of the Ministry No. 9\/2018, which states that license holders with arrears of payments of two years from the due date will have their licenses revoked.<\/span><\/p>\n Each year, each company is charged a frequency usage fee that must be paid on November 17. KBLV has the right to use frequency in Zone 1, namely the northern Sumatera region, and Zone 4 in greater Jakarta (Jabodetabek) and Banten. Internux has the right to use the same frequency as KBLV in Jabodetabek and Banten. And Jasnita uses frequency in Zone 12, namely in North Sulawesi. Fauzan stated that the value of the bills that had not been paid by KBLV was Rp490 billion, Internux Rp438 billion, and Jasnita Rp2.19 billion.<\/span><\/p>\n Responding to the Ministry’s decision, in the morning of November 19, 2018, the pay TV channel with the brand \u201cFirst Media\u201d owned also by Lippo group announced that the revocation of KBLV’s license to use the frequency will not affect their services because First Media is controlled by PT Link Net Tbk (LINK), not KBLV.<\/span><\/p>\n By Pradnya Paramitha<\/span><\/p>\n Copying, redistributing, and retransmitting this article is a violation of copyrights.<\/i><\/b><\/p>\n","protected":false},"excerpt":{"rendered":" PT Internux, the operator of BOLT, was able to come up with an agreement with their creditors over their period of temporary Suspension of Debts Payment (PKPU) and the peace agreement was promulgated last week. But the speedy process has left many questions that the Ministry of Communication and Informatics decide to file a cassation. In addition to the PKPU process, we previously reported that Internux and its parent company PT First Media Tbk (KBLV) also filed two separate lawsuits against the Ministry over a similar dispute: their obligation to pay for the radio frequency Right to Use (BHP). The Minister of Communication and Informatics Rudiantara spoke about the dispute several days before Internux’s peace agreement was promulgated and he sounded enraged because of the lawsuits filed against his Ministry. On November 19, 2018, the Ministry decided to revoke Internux and KBLV’s license to use the frequency.<\/p>\n","protected":false},"author":311,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[3],"tags":[],"_links":{"self":[{"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts\/72145"}],"collection":[{"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/users\/311"}],"replies":[{"embeddable":true,"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/comments?post=72145"}],"version-history":[{"count":1,"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts\/72145\/revisions"}],"predecessor-version":[{"id":72146,"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts\/72145\/revisions\/72146"}],"wp:attachment":[{"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/media?parent=72145"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/categories?post=72145"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/yosefardi.com\/wp-json\/wp\/v2\/tags?post=72145"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n