DENPASAR, ULTIMOPARADISO.COM – Joao Meco, Legal Counsel for suspect Indy Arisandi Lumbantobing, the suspect whose file was declared P-21 and transferred to the Denpasar District Attorney’s Office on Monday (29/7/2024) when met in Denpasar said that the case involving Indy is strongly suspected of being full of engineering carried out by investigators at the Denpasar Police.
“From the start I have said that this case is not worth investigating, because Indy is only a victim suspected of being carried out by the owner of the company PT. Bali Genta Damai, Nicholas John Hyam together with investigators at the Denpasar Police. If it continues to the Court, we will still face it,” said Joao Meco.
“If we look at it from a legal aspect, from the article that Indy is accused of, we really see that this case is purely fabricated. This case was ordered by someone who we know for sure is Nicholas. In my opinion, Nicholas has used the hands of certain officers to vent his anger, vent his revenge,” he said.
Joao continued The fabrication was known from several oddities. First, from the article, the report did not have a clear article. How could this case already have a summons from someone named Bayu. Where did Bayu get the case from? It is strongly suspected that the person named Bayu had interacted intensively with Nicholas John Hyam. This is a collaboration that was set up in such a way to criminalize Indy. Then in the Criminal Procedure Code, it has been regulated that the investigation and inquiry are one series. While in this case it is strange. The investigation was carried out or implemented based on someone else’s complaint, but then the report was by someone else. That was the first fabrication.
Second, the letter of notification of the start of the investigation (SPDP) by the Denpasar Police investigator. In the SPDP, after coordinating with the Prosecutor, the article imposed was Article 372. But when he was named a suspect, there was another article, namely Article 374. These two articles were deliberately arranged so that they could be P21-ed. So this is a fabrication and if there is a crime, it has been clearly identified when the investigation was raised to an investigation. The SPDP that was raised to the prosecutor’s office already has an article. The SPDP was sent to the Prosecutor’s Office, the article already existed. However, when the second stage was submitted, there was another new article. This is suspected to be fabricated and it is suspected that the person behind this case is Nicholas John Hyam.
For this case, Indy through his attorney reported the Denpasar Police investigation team to the Bali Police Propam. The first report was submitted on July 18, 2024. This is evidenced by the letter of receipt of the complaint Number: STPL / 09 / VII / 2024 / SPP which was received by Bripka I Kadek Budi Prihatin and signed by the Head of the Bali Police Propam Bidubagyanduan, Commissioner I Made Adhiguna.
Then on July 24, 2024, Indy also submitted a letter of request for legal protection to the Bali Police Propam regarding the alleged unprofessionalism of AKP Nengah Seven Sampeyan et al, as investigators of the Denpasar Police Criminal Investigation Unit and objections to the determination of suspects related to police report Number; LP/B/192/XI/2023/SPKT/Satreskrim POLRESTA DPS/POLDA BALI, dated November 23, 2023.
This case began in 2019, where a guest named Nienke Mariet Bendera, a customer who made a reservation for Villa Serenity and Marika Sawah through Bali Villas HVR by paying a deposit of IDR 46,892,042. Nienke ordered for April 18-21, 2020. Payment was made via the DOKU digital wallet and received by PT. Bali Genta Damai. Payment to the villa owner was made by John Hyam, the owner of Bali Villas HVR. Indy is John Hyam’s secretary. Due to the COVID-19 pandemic in 2020, Nienke and reservation staff Wawan rescheduled the booking.
Indy was fired by Nick Hyam in 2021 for refusing to take care of personal matters outside of her work capacity.
In 2022, Indy dissolved PT. Bali Genta Damai according to procedure. The following year, in 2023, Indy received a summons from Nienke’s attorney for a deposit refund. Indy explained that she was no longer working at Bali Villas HVR and suggested contacting the Bali Villas HVR Office which was still operating.
“The question is why was it only a year later that the summons was issued. And it was only reported to the police in November 2023. The report came from Dumas, a man named Bayu Worodani, who allegedly also did not have legal standing with the company concerned,” he said.
On June 8, 2023, Indy was summoned for clarification at the Denpasar Police Station regarding Bayu Worodani’s report. He explained that the deposit had been paid to the villa owner according to procedure, and the cancellation of the booking had to follow the agreed terms. In December 2023, Indy was called again as a witness on suspicion of embezzlement, and in March 2024, he was named a suspect. Indy filed for a suspension of detention with reason as a single parent. The case file was declared complete (P21) in July 2024.
Indy felt discriminated against and criticized the unprofessionalism of the Denpasar Police investigator, Aipda I Gusti Bagus Setiawan, who did not summon Nick Hyam or present the owner of the Serenity villa and Marika Sawah. The investigator also refused to include the name of Yunardi, the accounting at that time, in the BAP. Indy hopes that the Indonesian National Police can be an honest institution in enforcing the law in Indonesia in accordance with the POLRI slogan: Honest, Transparent, and Precise.
Indy was charged with two articles at once. However, that also raises questions. Article 374, embezzlement in office. “If this article is used, then the legal standing of the reporter is also questionable because he is not part of the company. Because the one who reported it was Nienke,” said Joao Meko.
There is also other evidence, namely communication or chat on February 13, 2021 from the owner of the PT, namely Nicholas John Hyam, who fired Indy. Because Nicholas John Hyam is the real owner of the company, and Indy is just a puppet.
Another article is article 372, namely embezzlement. This is also questionable. Because the money from the customer goes into the PT account and to the owner of the PT, namely Nicholas John Hyam. Confirmation of the booking of Bali Villas which is run by PT Genta Damai Bali. Only then are the elements of articles 374 and 372 fulfilled. What funds were embezzled is also unknown. Because based on the printed bank statement, the alleged funds of Rp. 58 million and so on and so forth went into the company account and there was also Rp. 200 million into the owner’s account and there was a payment invoice of Rp. 46 million and so on.
So according to Joao Meko this case is strange and forced to suspect Indy. ***
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