YAR Law Firm Attorneys at Law as the attorney for Foster Oil & Energy Pte Ltd (plaintiff) filed a lawsuit of default against the Bekasi City Oil and Gas Company (defendant) at the Bekasi District Court with registration number 418 / Pdt.G / 2020 / PN.Bks dated 29 September 2020. In the press release received by Media Indonesia, there are several points of concern.
First, the plaintiff and defendant made and agreed on a joint operating agreement for the management of Jatinegara Field on January 13, 2011, which was amended three times. Therefore, both the memorandum of understanding and the joint operation agreement, including the amendments, must be obeyed by the parties.
Second, the defendant did not comply with the contents of the joint operating agreement, including the amendments, but through its main director took several extreme actions, in the form of terminating or canceling it unilaterally which was only submitted through Letter Number 049 / B / PD.MGS / IX / 2020 dated 21 September 2020 regarding JOA Cancellation and Letter Number 088 / SRR & Partners / 09/2020 dated September 22, 2020.
In addition to the defendant's unilateral action, the defendant arbitrarily dismissed the existing KSO general manager and appointed himself as the Acting Officer of the General Manager KSO PT Pertamina EP - PD Migas Bekasi City/defendant as contained in PD Migas Letter Number 054 / B / PD.MGS / IX / 2020 regarding the Termination of GM KSO dated 22 September 2020 and PD Migas Letter Number 055 / B / PD.MGS / IX / 2020 regarding Announcement dated 22 September 2020.
In fact, it is clear that it has been stipulated in the joint operation agreement including the amendments that it is not permissible to terminate the existing agreement unilaterally and the replacement of the general manager of the KSO in implementing the KSO as the head of the operational team is actually the agreement between the plaintiff and the defendant.
Third, the defendant's actions did not create security and comfort for companies that invested their business capital in Indonesia in the case of Foster Oil and Energy Pte Ltd because the legal interests were not guaranteed, which was an important thing the investment company was willing to invest in Indonesia.
Previously, VP legal & Relations Pertamina EP Cholid said that his party was not aware of the report of the Indonesian Corruption Eradication Society Coalition (Kompak) to the Corruption Eradication Commission (KPK) regarding alleged corruption committed by Foster Oil & Energy, a company originating from Singapore that helped management. Jatinegara Oil and Gas Field, Bekasi, West Java. Even so, he emphasized that Pertamina EP will investigate the allegations until they are finished.
Media Indonesia, Page-4, Thursday, Oct 15, 2020
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