7 Most Sadistic Serial Killer Cases in Indonesia: Ryan Jombang

 

(Boombastis)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "7 Most Sadistic Serial Killer Cases in Indonesia: Rian Bogor", "How To Report Online Scammer Or Fraud To The Police In Indonesia", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about '7 Most Sadistic Serial Killer Cases in Indonesia: Ryan Jombang'. Still in the serial killer article, on this occasion we will discuss the Ryan Jombang case. It should be noted, Ryan Jombang is different from Rian Bogor which was discussed in the previous article.

The public still remembers the serial murder case that was carried out by Very Idham Henyansyah or better known as Ryan Jombang. Ryan Jombang was recorded as having killed 11 people in Jakarta and Jombang, his hometown between 2006 and 2008. Most of the killings committed by Ryan were carried out for economic reasons.[1]

Early Cases Revealed

The Ryan's case revealed began with the discovery of a body near the Ragunan Zoo, South Jakarta on July 12 2008. It is known that the corpse belongs to Heri Santoso (40), a manager at a private company in Jakarta. The murder was motivated by jealousy when Heri was attracted to Noval, Ryan's boyfriend and teased him so that he would agree if his lover slept with him. Heri was killed in Ryan's apartment. Then the man from Jombang used Heri's ATM for a spree. His face was caught on camera when he took Heri's ATM money.[2]

After the case emerged, reports appeared of residents who had lost family members close to Ryan. He also admitted to having killed 10 people in Jombang. Police then found four skeletons in a former fish pond behind Ryan's parents' house in Jombang. While the other six victims were planted in the backyard.[3]

During Junior High School, Ryan Was Going to Kill His Mother

While still in Grade III, Junior High School Tembelang, Jombang, around 1995, Ryan was about to kill his mother, Kasiatun. At that time Kasiatun had just brought Ryan home from Gatoel Hospital, Mojokerto. Ryan, who was under severe stress, underwent treatment for 2 weeks at the hospital. This was disclosed by Kasiatun during an examination at the Jombang Police on Sunday (27/7/2008). "I regret and apologize to the victim's family and the community," he said.[4]

Kasitun came to the Police Headquarters with her husband, Akhmad (62), and Mulyo Wasis (42), Ryan's brother from another father. Kasitun admitted that she and her husband did not know about the murder that took place in their house. "If I had known, of course I would not have dared to enter the house," he said. She suspected that if it was true that Ryan often brought guests to the house, it must have been done when he and his husband were away. "Usually on Sundays my husband and I go to Sidoarjo," he said. Regarding Ryan's sexual orientation, Kasiatun said that Ryan started to change in the 1990s when he was in grade III of Junior High School.[5]

Ryan's story was brought up in a documentary film on October 17, 2010 on a television network owned by Astro All Asia Networks, Crime & Investigation Network. The documentary is titled Ryan: The Smiling Serial Killer. The documentary contains interviews with Ryan and is said to be exclusive by the television network about his personal life and crimes.[6]

Victim List & Case Handling

From the mutilation case of victim Heri, the Police revealed that there were 10 other bodies of Ryan's murder that he planted behind his house in Jombang, East Java. Ryan killed 11 people in total. The victims planted behind Ryan's house were:[7]

1. Grady;
2. Vincentius Yudhy Priyono alias Vincent (30);
3. Grendy;
4. Guruh Setyo Pramono alias Guntur;
5. Agustinus F Setiawan alias Wawan (28);
6. Nanik Hidayati (31);
7. Sylvia Ramadani Putri (daughter of Nanik Hidayati,  3 years old.);
8. Aril Somba Sitanggang (34);
9. Muhammad Akhsoni alias Soni (29);
10. Zaenal Abidin alias Zeki (21);
11. Heri Santoso.

The perpetrator of the serial killer Ryan Jombang was trialed at the Depok District Court, West Java,  with the death penalty on April 6, 2009. Ryan had submitted an Appeal and Cassation, but the panel of judges insisted that Ryan should be punished with death penalty. Then Ryan used an extraordinary PK (Judicial Review) remedy and was still rejected according to the case number: 25 PK/PID/2012 which was decided on July 5 2012.[8]

Head of Public Relations and Publications Division of the Directorate General of PAS (Correctional) Ministry of Law and Human Rights, Rika Aprianti, raised her voice regarding the execution of Ryan Jombang which was still not carried out. Rika said that executing Ryan was the authority of the Attorney General's Office. Rika said Ryan still had the right to apply for clemency to President Joko Widodo.[9] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Kilas Balik Kasus Ryan Jombang, Pembunuhan Berantai dengan 11 Korban", regional.kompas.com., Diakses pada tanggal 13 Juni 2023, Link: https://regional.kompas.com/read/2021/06/05/103000178/kilas-balik-kasus-ryan-jombang-pembunuhan-berantai-dengan-11-korban?page=all

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. "Siapa Itu Ryan Jombang? Ini Jejaknya di Pembunuhan Berantai", detik.com, Jumat, 20 Agu 2021 13:45 WIB, Diakses pada tanggal 13 Juni 2023, Link: https://news.detik.com/berita/d-5689522/siapa-itu-ryan-jombang-ini-jejaknya-di-pembunuhan-berantai

8. Ibid.

9. Ibid.

7 Most Sadistic Serial Killer Cases in Indonesia: Rian Bogor

 

(Tribun Bogor)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "7 Most Sadistic Serial Killer Cases in Indonesia: Wowon Cs.", "How To Report Online Scammer Or Fraud To The Police In Indonesia", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about '7 Most Sadistic Serial Killer Cases in Indonesia: Rian Bogor'. This article still discusses cases of serial killer that have ever existed in Indonesia. 

The Beginning of the Case

The serial murder case that was carried out by Rian shocked the public in March 2021. The disclosure of the serial murder case began when the bodies of two women were found in Bogor City at different times. One body was found bound in a plastic bag in the Tanah Sareal area, on the edge of Jalan Raya Cilebut, Bogor City on February 25, 2021. Based on the results of the Bogor Police autopsy, a blunt force wound was found on the woman's neck which was later found to have the initials DP (18) . Two weeks after the discovery of DP's body, the Police arrested Rian who was suspected of killing DP.[1]

"We found out about this case after we conducted a long investigation for about two weeks. Collecting witnesses of up to 15 people, both relatives and colleagues, including key witnesses who pointed to the perpetrators," said Bogor Police Chief Kombes Pol Susatyo Purnomo Condro in a press conference, 11 March 2021.[2]

The Police found other facts during Rian's investigation. About two weeks after killing DP, Rian is also known to have killed a woman with the initials EL (23). EL's body was found on the side of the road in Pasir Angin Village, Megamendung, Bogor Regency on March 10 2021. Based on the autopsy results, blood spots were found in the mouth of a resident of Caringin District, Bogor.[3]

Murder Mode And Pattern

Rian uses the same modes and patterns when carrying out his actions. He chose his victims at random by getting to know them on Facebook social media. Then, Rian took his victim on a date in Puncak, Bogor Regency, with the lure of IDR. 1 million. After having a date at the hotel, Rian would kill the victim by strangling her and taking her property.[4]

Not only were the modes and patterns of the killings similar, Rian also chose the same hotel when killing the two victims. After killing, Rian put the victim's body in a large backpack to be disposed of. Susatyo said Rian was conscious when he killed the two victims. Based on other findings, there is a possibility that Rian will date other women and kill in the same way.[5]

"Based on the results of interrogation, the suspect may not be deterred from committing the first murder and the suspect enjoys the second murder. Currently we are still developing, including tracing the digital footprint of the suspect," said Susatyo. Therefore, during a psychiatric examination, the Police concluded that Rian was behaving like a psychopath or serial killer in a serial killer film.[6]

Sentenced to 13 Years in Prison

Muhamad Rian bin Mamad (21), the perpetrator of the serial killings of 2 women from Bogor was found guilty and sentenced to 13 years in prison by the Cibinong District Court. This sentence is 1 year lighter than the prosecutor's demand, which is 14 years in prison. "Muhamad Rian has been sentenced to 13 years in prison, because he was proven guilty of committing the crime of murder as stated in Article 338 of the Criminal Code," said Public Relations of Cibinong District Court Amran S Herman, Tuesday (23/11/2021).[7]

Quoted from the website of the Cibinong District Court (PN), Bogor Regency, the verdict against Rian was decided on Tuesday (5/10/2021). The decision was knocked out by a judge chaired by Christina Manulang along with 2 member judges Yulinda Trimurti Asih Muryati and Siti Suryani Hasanah.[8]

In addition, the panel of judges also decided to seize evidence related to Rian's case to be destroyed. The evidence is in the form of 9 pieces of IDR. 100 thousand & 1 IDR 50 thousand cash, 5 black polybags, 1 blue skirt with blood stains, pink bra with cut straps, 1 white shirt, 1 jeans, 1 blue shirt with white stripes and 1 mountain bag.[9] Creepy. And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Kilas Balik Kasus Rian Bogor, Pembunuh Berantai yang Divonis 13 Tahun Penjara", megapolitan.kompas.com., 24/11/2021, 05:11 WIB, Link: https://megapolitan.kompas.com/read/2021/11/24/05114931/kilas-balik-kasus-rian-bogor-pembunuh-berantai-yang-divonis-13-tahun?page=all

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. "Bunuh 2 Wanita Bogor, Rian 'Serial Killer' Divonis 13 Tahun Penjara", news.detik.com., M Solihin, Selasa, 23 Nov 2021 10:20 WIB, Diakses pada tanggal 13 Juni 2023, Link: https://news.detik.com/berita-jawa-barat/d-5823156/bunuh-2-wanita-bogor-rian-serial-killer-divonis-13-tahun-penjara

8. Ibid.

9. Ibid.

7 Most Sadistic Serial Killer Cases in Indonesia: Wowon Cs.

 

(Tribun Jabar)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Allegedly a Victim of Investment Fraud PT. Rifan, Customers Lose Nearly IDR. 2 Billion", you may read also "The Police Succeeded in Uncovering The Mode of the Wowon Cs. Murder Case Which Ended up Being a Serial Killer", as with an article that discusses crime series, the following article and the next 6 articles will discuss the most sadistic serial killer cases that have ever happened in Indonesia, and on this first occasion we will discuss about '7 Most Sadistic Serial Killer Cases in Indonesia: Wowon Cs.'. This case is still relatively new, and has not yet reached the relevant court.

The Police arrested three serial killers, namely Wowon Erawan alias Aki (60), Solihin alias Duloh (63), and Dede Solehudin (35). The actions of Wowon cs. were uncovered after five people were found lying foaming at the mouth in a rented house, in West Ciketing Village, RT 02 RW 03, Ciketing Udik Village, Bantargebang District, Bekasi, Thursday, January 12 2023. The five victims were named Maemunah (40), Ridwan (20), Riswandi (16), Neng Ayu (5), and Solehudin alias Dede (35).[1]

Initially, the neighbors heard the victim's voice moaning. Residents then approached the victim's house and saw the victims lying on the floor foaming at the mouth. Of the five victims, there were two survivors namely Neng Ayu and Dede. Initial suspicions that the five victims were poisoned. Kapolda (Regional Police Chief) Metro Jaya, Inspector General of Police Fadil Imran stated that the five victims were deliberately poisoned. Fadil Imran also revealed that the case was a serial killer. "They committed a series of murders or serial killers," said Kapolda (Regional Police Chief) Metro Jaya, Inspector General of Police Fadil Imran at Polda Metro Jaya Headquarters, Thursday, January 19, 2023. Furthermore, Fadil revealed that so far, a total of nine victims were killed by Wowon. Duloh, and Dede. The police said Wowon and Duloh were close friends who were also partners in the murder or partners in crime. Meanwhile, Dede is still a relative of Wowon. According to the police, the modus operandi of the perpetrators in killing their victims was the same. They took the victim home and poisoned him. If still breathing, the victim would be strangled. The victim's body was then buried in the area around the house. Fadil said that this mode was similar to the murder case committed by Ryan Jombang.[2]

The following is a list of victims of the serial killer Wowon cs.:[3]

1. The first victim: Siti, According to Police information, Wowon cs. is known as a powerful person who has supernatural powers. Wowon is also said to be able to double money. The target of this money doubling scam is female immigrant workers. The first victim was a TKW (immigrant worker) named Siti. He collects his money back after not believing Wowon's supernatural powers. Wowon agreed, but he reasoned that the money could only be taken by Siti in Mataram, Nusa Tenggara Barat province. Then, Siti was accompanied by Noneng, the in-laws of Wowon's wife named Wiwin, to go to Mataram. However, this was Wowon's plan to kill Siti. Wowon asked Noneng to push Siti into the sea on her way to Mataram. Noneng complied with Wowon's order and pushed Siti into the sea. Siti was swept away and her body which had disappeared was finally found by residents and buried in her hometown in Garut, West Java.
2. Second victim: Farida, the next victim was another TKW (immigrant worker) named Farida. Like Siti, Farida also asked Wowon to return the money because there was no clarity. Farida was killed and her body was buried in a hole at the perpetrator's house in the Cianjur area, West Java.
3. Third victim: Noneng (Wowon's mother-in-law), Noneng, who initially killed Siti, was finally killed by Wowon through Duloh's hands. Allegedly, Wowon was afraid that Noneng would report his crime to the authorities, so he decided to kill her. According to the Police, Noneng was escorted by Wowon to Duloh's house and killed there. Noneng was even reported missing to the Cimahi Police.
4. Fourth victim: Wiwin (Wowon's wife), after Noneng was killed, the next victim was Wiwin, who is Wowon's wife and Noneng's daughter. The murder was carried out in the same way as when Duloh killed Noneng. Even the provisional suspicion stated that the murder was based on Wowon's panic when his crime was discovered. Wiwin's body was then buried in the same place as his mother's body in the Cianjur house area.
5. Fifth victim: Halimah, it is known that Wowon had six wives, three of whom were victims of his murder. The fifth victim was Halimah, another Wowon's wife who was killed by Duloh. However, when Wowon and Duloh were interrogated by the Police, Wowon said that he did not know Halimah was killed by his own friend. What Wowon knows, Halimah died due to illness based on Duloh's confession. Halimah's body was then returned to her family in her hometown in Cililin, Bandung, West Java. Meanwhile, the police are still investigating Duloh's motive for killing Halimah.
6. Sixth victim: Bayu (Wowon's Child from Maemunah), after Halimah's death, it is known that Wowon remarried to Maemunah, who is Halimah's daughter. Maemunah herself has two children with Didin, her ex-husband. Maemunah's two children are Ridwan (20) and Riswandi (16). Meanwhile, the children from Wowon's marriage to Maemunah are named Bayu (2) and Neng Ayu (5). The motive is not yet known, Bayu, who was still a toddler, was also killed by Duloh in Cianjur and his body was buried around the house.
7. Seventh to Ninth victims: Maemunah, Ridwan, and Riswandi, after Bayu's murder, Wowon and Duloh returned to action to kill Maemunah, Ridwan and Riswandi. They were declared dead after drinking coffee containing rat poison and pesticides. The poison content was revealed after the Police examined coffee samples and samples of the victim's stomach contents at the National Police Forensic Laboratory. The Police also found a hole that would be used to bury the victims in a rented house in Bekasi. Luckily, local residents found the victim's body before Wowon and Duloh could bury it. The Police have also processed the crime scene at the Cianjur location on Friday, January 20, 2023. This was done to match the identity of the victim with the skeleton found.

Meanwhile, the Police said that a total of IDR. 1 billion was tricked from the migrant workers. The money was kept in the account belonging to the suspect Dede. However, the ATM card was held by Wowon. It is suspected that the money for these TKW (immigrant worker) has been collected since 2019.[4] It's Creepy-sadistic criminal action. And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Ngeri! Ini Kronologi Lengkap Aksi Pembunuhan Berantai Wowon Cs Hingga Renggut 9 Nyawa", www.suaramerdeka.com., Noor Atiyan Puji Lestari, Sabtu, 21 Januari 2023, 14:57 WIB, Diakses pada tanggal 10 Juni 2023, Link: https://www.suaramerdeka.com/nasional/pr-046961486/ngeri-ini-kronologi-lengkap-aksi-pembunuhan-berantai-wowon-cs-hingga-renggut-9-nyawa

2. Ibid.

3. Ibid.

4. Ibid.

Allegedly a Victim of Investment Fraud PT. Rifan, Customers Lose Nearly IDR. 2 Billion

 

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Banking Crime Mode Appears Again in Indonesia", "How To Report Online Scammer Or Fraud To The Police In Indonesia", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about 'Allegedly a Victim of Investment Fraud PT. Rifan, Customers Lose Nearly IDR. 2 Billion'.

A person named Daniel claimed to be a victim of suspected commodity futures trading investment fraud. Daniel admitted that he suffered a loss of nearly IDR. 2 billion because of the investment. Daniel said he had opened several accounts at PT. Rifan Financindo Berjangka. On October 14 2021, he opened a RAPW 5913 account at Axa Tower and on October 18 2021 he opened a new RAPW 5921 account at the same place. Daniel is directed by the analyst every transaction. Previously, he received information that the price would definitely rise at the opening of the market.[1]

On October 29, 2021, he also contacted analysts, but received no response. "Finally I took the initiative to buy 3 lots," he told detikcom, Friday (2/6/2023). At noon, he was contacted by his superior analyst, to take another 2 lots again. In fact, he already took 3 lots. "I'm layman in futures trading, I took 2 lots," he said. However, he received information, prices fell because the United States (US) dollar strengthened. Finally, he was exposed to auto liquidation and he was asked to top up. However, because he didn't have the funds to top up, it was finally clear by the system. He said auto liquidation occurred because prices did not meet expectations. He said, if the price does not meet expectations then there are two choices, namely cut loss or holding it at the risk of hospitalization costs.[2]

"If we bear an overnight fee of US$ 5 per day per 1 lot. So if for example there are 10 lots held, there will be an overnight fee of US$ 5 per 1 lot per day. This will automatically eat into the resilience of existing funds. So, when Later there will be a minimum capital or fund resilience, so we have to add new funds to be able to make transactions again," he explained. "Yesterday my account was locked, I can't make transactions, I have to top up, I'm not always ready to top up, at least Rp. 100 million top up. If later the resistance of the funds runs out, it's automatically cleared by the system, it's gone," he continued. He suspected that there was an intention to trick customers into being subject to auto liquidation. "There is an allegation that marketing is rogue on purpose to trap customers so they get auto liquidation and do top-ups," he said.[3]

Next, on December 22, 2021, he met again with marketing PT Rifan Financindo Berjangka at the DBS Tower. The marketing said, it can recover customer accounts that have lost elsewhere. He also opened an RDNI 2814 account. On February 14, 2022 he opened me again RDNI 2863 plus the lure of a Toyota Fortuner car if the transaction reached 5,500 lots in 12 months. "You say there is a program to get a Fortuner car with a total lot of 5,500. Within 12 months I can get a Fortuner car plus transaction profits," he said. Long story short, the money he disbursed was fruitless. In fact, he also made several top ups and the money went nowhere.[4]

Previously reported, in 2022 the Commodity Futures Trading Supervisory Agency (Bappebti) froze the business activities of PT. Rifan Financindo Futures Brokerage. This was stated in the Decree of the Head of CoFTRA Number 01 of 2022. In the official statement from CoFTRA, it was stated that the suspension of this activity was because PT. Rifan Financindo Berjangka was deemed not to have made improvements to the administrative sanctions given. CoFTRA has issued three written warnings. "Based on the results of Bappebti's examination, PT. Rifan Financindo Berjangka is in the process of accepting customers and the process of carrying out transactions that are not in accordance with procedures," wrote the statement quoted on Tuesday (8/3/2022).[5] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Diduga Jadi Korban Penipuan Investasi PT Rifan, Nasabah Rugi Hampir Rp 2 M", finance.detik.com., Diakses pada tanggal 4 Juni 2023, Link: https://finance.detik.com/berita-ekonomi-bisnis/d-6751917/diduga-jadi-korban-penipuan-investasi-pt-rifan-nasabah-rugi-hampir-rp-2-m

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

Banking Crime Mode Appears Again in Indonesia

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "This Rich Socialite Must Give IDR. 119 Billion in Benefits to Her Ex-Husband as a Consequences of Divorce", "5 Latest Online Fraud Modes and Their Characteristics", you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'Banking Crime Mode Appears Again in Indonesia'.

The mode of banking crime continues to grow every day. As happened at PT. Bank Tabungan Negara Tbk. (BTN), the perpetrators have now been arrested and dismantled by the bank and Polda (Regional Police) Metro Jaya. Bank BTN Corporate Secretary Ramon Armando said the company had reported the case to Polda Metro Jaya since February 6, 2023. Apart from that, Bank BTN had also asked to block funds at 3 (three) banks suspected of being related to suspicious transactions. "We have zero tolerance for activities that are suspected of being suspicious transactions, even the insiders involved have been terminated," said Ramon in a statement written Friday (2/6/2023).[1]

According to Ramon, based on Bank BTN's report, Polda Metro Jaya moved quickly to investigate the case. On April 14, 2023, the Sub Directorate of Harda Ditreskrimum Polda Metro Jaya has determined the status of the two individuals as suspects and after going through a search process, on Wednesday, May 31, 2023 the ASW suspect was arrested by investigators for further investigation and development. "Bank BTN would like to thank Polda Metro Jaya, Polda North Sulawesi and Polresta Manado for working hard in searching for and arresting the perpetrators. Hopefully this will be the start of successful disclosure of the banking crime mafia in Indonesia," said Ramon.[2]

It is known that the modus operandi of banking crimes involved a number of fund owners who cooperated with ASW to place funds in banks with the promise of getting an interest rate of 10% each month. This interest rate has never existed in banking, especially Bank BTN. The account opening process is also not in accordance with bank regulations. "The owners of the funds also never came to the bank to open an account and never had a passbook or ATM card. They have received interest payments from ASW several times, but then the payments were not smooth and stopped," explained Ramon. Ramon explained, Bank BTN guarantees the security of all customer transactions by implementing Prudential Banking and Good Corporate Governance in accordance with statutory regulations. "We are committed to taking firm action against any violation of the law and will not protect any party, including in this case bank employees who have been proven to have violated the law," he explained.[3]

Ramon further appealed to the public not to be tempted by high interest offers and not in accordance with the provisions of the Financial Services Authority (OJK) and the Deposit Insurance Corporation (LPS). "The public must be aware that if there is an offer with high and out-of-the-ordinary interest, there must be something wrong with the offer. Don't because of the high interest, people become dark-eyed and irrational," he added.[4] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Hati-hati! Modus Kejahatan Perbankan Muncul Lagi Nih", finance.detik.com., Diakses pada tanggal 4 Juni 2023, Link: https://finance.detik.com/moneter/d-6752123/hati-hati-modus-kejahatan-perbankan-muncul-lagi-nih

2. Ibid.

3. Ibid.

4. Ibid.

This Rich Socialite Must Give IDR. 119 Billion in Benefits to Her Ex-Husband as a Consequences of Divorce

(iStock)

By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Direksi Sebagai Agen Perusahaan", "10 Mega-Corruption Cases with the Largest Losses in Indonesia", you may read also "How to submit a divorce lawsuit in Indonesia" and on this occasion we will discuss about 'This rich socialite must give IDR. 119 billion in benefits to her ex-husband as a Consequences of divorce'.

Divorce benefits are usually given by the husband to his ex-wife. However, the situation could be different if the ex-wife has a larger income. A businesswoman Louise Backstrom with assets of IDR. 4.6 trillion was involved in a dispute with her ex-husband Martin Wennberg when they divorced. Martin wants £40 million worth of money from his ex-wife who is also known as a socialite from Sweden but lives in London. But High Court Deputy Judge in London Leslie Samuels fought back and downplayed the value of his demands. The court then ruled that Louise should provide £6.5 million in alimony or around IDR.119 billion to her ex-husband in accordance with the pre-nuptial agreement.[1]

Not only did Martin get the billions, but he was also entitled to an allowance of £60,000, IDR. 1.1 billion annually for the next six years. Judge Samuels, who oversaw the trial in the Family Division of the High Court of the Royal Court, outlined his conclusions in a written decision declaring that the grades were right to go to Louise's ex-husband.[2]

"In any view, the standard of living enjoyed by this family prior to the breakdown of the marriage was extremely high," Judge Samuels said, as quoted by the Mirror. "The parties enjoy the provision of great value London property, staff, high end holidays, unlimited travel options and overall the very best that can be provided," the judge added.[3] And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Cerai, Sosialita Tajir Ini Harus Berikan Tunjangan ke Eks Suami Rp 119 Miliar",  wolipop.detik.com., Diakses pada tanggal 4 Juni 2023, Link: https://wolipop.detik.com/wedding-news/d-6750994/cerai-sosialita-tajir-ini-harus-berikan-tunjangan-ke-eks-suami-rp-119-miliar

2. Ibid.

3. Ibid.

Direksi Sebagai Agen Perusahaan

 

(iStock)

Oleh:

Tim Hukumindo

Pada kesempatan yang lalu platform www.hukumindo.com telah membahas mengenai "Direksi Sebagai Pengurus Perseroan", "Who's Legally Represents The Company In Indonesia?" dan "Tanggung Jawab Hukum Pemegang Saham", pada perkuliahan ini akan dibahas mengenai 'Direksi Sebagai Agen Perusahaan'.

Secara umum, direksi merupakan agen dari perseroan, Undang-undang No. 40 Tahun 2007 menyebutkan demikian dalam Pasal 1 butir 4 Jo. Pasal 82. Direksi merupakan organ perseroan yang bertanggungjawab penuh atas pengurusan perseroan untuk kepentingan dan tujuan perseroan, serta mewakili perseroan baik di dalam maupun di luar pengadilan sesuai dengan ketentuan anggaran dasar. Kepengurusan perseroan dilakukan oleh Direksi (Pasal 79 ayat 1), yang antara lain meliputi pengurusan sehari-hari dari perseroan.[1]

Ketentuan bahwa direksi sebagai agen dari perseroan ini sejalan dengan yang berlaku dalam sistem hukum common law bahwa the directors are the company's usual agent. Selain direksi, karyawan (officer) atau orang lain juga dapat mewakili perseroan (agent). Sehubungan dengan itu, undang-undang membatasi dengan ketentuan bahwa karyawan dapat mewakili perseroan dengan dibuatkannya kuasa tertulis dari direksi kepada satu orang karyawan perseroan atau lebih atau orang lain untuk dan atas nama perseroan melakukan perbuatan hukum tertentu. Dalam hal ini, direksi bertindak selaku pimpinan dari karyawan atau orang lain yang diberi kuasa.[2]

Sehubungan dengan ketentuan-ketentuan yang mengatur direksi sebagai agen perseroan, Undang-undang No.: 40 Tahun 2007 tidak mengaturnya lebih lanjut. Secara umum, kewenangan direksi untuk memberikan kuasa atau mewakilkan tugasnya tersebut diatur didalam anggaran dasar perseroan, seperti pemberian kuasa untuk tugas-tugas mengenai pengangkatan dan pemberhentian pegawai, pemberian penghargaan, atau pengenaan sanksi.[3] 

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References:

1. "Tanggung Jawab Pemegang Saham, Direksi & Komisaris Perseroan Terbatas (PT)", Frans Satrio Wicaksono, S.H., Visimedia, Jakarta, 2009, Hal.: 121.

2. Ibid., Hal.: 121.

3. Ibid., Hal.: 121.

Direksi Sebagai Pengurus Perseroan

 

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Oleh:

Tim Hukumindo

Pada kesempatan yang lalu platform www.hukumindo.com telah membahas mengenai "Perlindungan Hukum Terhadap Pemegang Saham Minoritas", "Contoh Akta Gadai Saham" dan "Tanggung Jawab Hukum Pemegang Saham", pada perkuliahan kali ini akan dibahas mengenai 'Direksi Sebagai Pengurus Perseroan'.

Direksi sebagai pengurus perseroan adalah salah satu tanggung jawab hukum dalam sebuah perseroan. Tentunya ada tanggung jawab lain dalam sebuah organ perseroan, namun dalam kesempatan ini akan dibahas perihal judul di atas.

Direksi dituntut untuk bertanggung jawab penuh atas pengurusan perseroan untuk kepentingan dan tujuan perseroan, serta mewakili perseroan, baik di dalam maupun di luar pengadilan. Direksi dengan itikad baik dan penuh tanggung jawab harus menjalankan tugas untuk kepentingan dan usaha perseroan.[1] Perlu dipertegas bahwa direksi dalam menjalankan kepentingan perseroan harus dengan itikad baik (good will) dan penuh tanggung jawab.

Direksi dapat digugat secara pribadi ke Pengadilan Negeri jika perseroan mengalami kerugian yang disebabkan oleh kesalahan dan kelalaiannya. Begitu juga dalam hal kepailitan yang terjadi karena kesalahan atau kelalaian direksi dan kekayaan perseroan tidak cukup untuk menutup kerugian akibat kepaititan tersebut, maka setiap anggota direksi bertanggung jawab secara tanggung renteng atas kerugian tersebut.[2]

Prinsip-prinsip menejemen perseroan yang baik, yang telah diakomodasi dalam ketentuan Undang-undang No. 40 Tahun 2007 masih harus dijabarkan secara detail dan dilaksanakan dengan penuh tanggung jawab. Ketentuan dalam undang-undang tersebut hanya menjelaskan tanggung jawab direksi secara umum berdasarkan hubungan kepercayaan (Fiduciary of Relationship) antara direksi dan perseroan. Jika diperjelas lebih dalam, Fiduciary of Relationship tersebut mengandung tiga faktor penting, yaitu:[3]

1. Prinsip kehati-hatian dalam bertindak bagi direksi (duty of skill and care).
2. Prinsip itikad baik untuk bertindak semata-mata demi kepentingan dan tanggung jawab perseroan (duty of loyalty), dan
3. Prinsip tidak mengambil keuntungan pribadi atas suatu kesempatan yang sebenarnya milik atau diperuntukan bagi perseroan (no secret profit rule doctrine of corporate opportunity).

Untuk menentukan kapan dan bagaimana direksi dianggap telah melanggar prinsip-prinsip tersebut secara detail, merupakan hal yang sulit jika hanya dicari dari undang-undang. Atas prinsip tersebut di atas, direksi dapat menggunakan konsep yang dikenal sebagai "the business judgement rule", yang merupakan suatu prinsip yang memberikan perlindungan bagi direksi atas dakwaan pelanggaran terhadap ketiga prinsip di atas. Dengan menggunakan prinsip ini, direksi dapat dibebaskan dari tanggung jawab secara pribadi sekalipun tindakannya mengakibatkan kerugian pada perseroan, baik karena salah perhitungan maupun hal lain di luar kemampuan yang menyebabkan kegagalan dari tindakan tersebut, asalkan tindakan yang diambilnya tersebut dilakukan sebagai keputusan bisnis yang dibuat berdasarkan itikad baik semata-mata untuk kepentingan perseroan.[4]

Direktur dalam membuat keputusan bisnis dianggap beritikad baik jika bukan merupakan pihak yang terlibat dalam subjek yang memerlukan keputusan bisnisnya tersebut, menerima informasi dengan cermat atas subjek yang memerlukan keputusan bisnisnya sampai secara rasional yakin sesuai dengan keadaannya, dan secara rasional yakin bahwa keputusan bisnisnya adalah keputusan yang terbaik bagi perseroan.[5]

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References:

1. "Tanggung Jawab Pemegang Saham, Direksi & Komisaris Perseroan Terbatas (PT)", Frans Satrio Wicaksono, S.H., Visimedia, Jakarta, 2009, Hal.: 119.

2. Ibid., Hal.: 119.

3. Ibid., Hal.: 119-120.

4. Ibid., Hal.: 120.

5. Ibid., Hal.: 120.