HHR

Lawsuit of Act Against the Law

Page 16
No. REF.: 055/PEC-2020/L/III/21/PMH-AMP-GBS
8 March 2021

. The judge sentenced DEFENDANT / Askey to pay the damages to the plaintiffs
immediately and in cash

PLAINTIFFS agree that the payment of all damages payable by DEFENDANTS /

Askey to PLAINTIFFS, in this case, will be received in full by PLAINTIFF I / Stage
representing PLAINTIFFS.

That to ensure DEFENDANT / Askey able to pay the damages suffered by

PLAINTIFFS promptly, there is sufficient reason to convict DEFENDANT / Askey
pay a late penalty of 6% (six per cent) per year from the decision, in this case, have
permanent and binding legal force (Eintracht ‘van gewijsde) until the payment of the
compensation is fully repaid by DEFENDANT / Askey.

V.1. INDEMNITY RELATED TO THE EMPTYING OF SYSTEM DESIGN DEFECT PRODUCTS

Since DEFENDANT / Askey does not want to be responsible for recalling Modern
4G Bolt Products that have a System Deseign Defect, which has been stored in
the Warehouse of PLAINTIFFS, it is a reasonable if the Honorable Judge in the
case a quo, ordered DEFENDANT / Askey to perform the act of emptying and
taking back items that proved to be defective in system design, a total of 14.627
(fourteen thousand six hundred and twenty-seven) modern 4G units (BL200) which
have been stored in THE PLAINTIFFS warehouse located at Jalan Raya Waru No.
1, Waru, Sidoarjo at the latest within 7 (seven) working days from the passing of
the aanmaning period related to the ruling of permanent legal force on this case,
and after DEFENDANT / Askey fulfilled their obligations for the loss of all the
responsibilities of PLAINTIFFS who decided in the a quo case.

If for any reason DEFENDANT / Askey does not carry out the obligation of
emptying and payment of the compensation above, then with the passage of the
period as mentioned above, for the sake of law has given full authority and power
to PLAINTIFFS to carry out the act of emptying, exile, destruction, or transfer of the
goods to other third parties, so that all proven goods as total 14.627 (fourteen
thousand six hundred and twenty sevenmodern 4G (BL200) units are no longer
stored in the warehouse storage, so that PLAINTIFFS will not suffer any further
losses related to the warehouse costs.

In addition, to provide protection for PLAINTIFFS for the continuous loss of the
Warehouse costs, PLAINTIFFS pleaded with the Honorable Judge to convict
DEFENDANT / Aske to remain obligated to pay the entire actual cost of storage
(warehouse – at cost base) which will be guaranteed by PLAINTIFFS from the
registration of the Lawsuit until the occurence of the emptying event referred to
either by DEFENDANT / Askey or by PLAINTIFFS based on the above explanation
 HHR
Lawsuit of Act Against the Law
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No. REF.: 055/PEC-2020/L/III/21/PMH-AMP-CBS 8 March 2021

Futhermore, it is legitimate and valuable if the Supreme Court of Justice also

strikes down the dictum of the ruling that the authority of PLAINTIFFS mentioned
above can be exercised first despite the efforts of rebuttal (verzet), appeal, or
cassation against this case (uitvoerbaar bj voorrad)

VI. PLAINTIFFS’ CLAIMS

IN THE SUBJECT

That based on the above descriptions, PLAINTIFFS respectfully appeal to the chairman
of the South Jakarta District Court and/or the Honorable Panel of Judges to be willing to
call the parties who are litigable to be present on the day and place set for it, and then
designed to take the decision that amarnya reads as Follows::

1.
Granting PLAINTIFFS lawsuit for the entirety.
2.
Stating that the actions of DEFENDANT / Askey who have manufactured and
delivered goods that have been proven to be defective in System Design and
unilateral billing actions for 14.627 (fourteen thousand six hundred and twenty
seven) Modern 4G (BL200) are unlawful acts committed by DEFENDANT / Askey
to PLAINTIFFS.

3.
To Punish DEFENDANT / Askey for paying compensation to PLAINTIFF I / Stage
representing PLAINTIFF, with the following details::

(i) A material loss of Rp14.683.847.335,94,- (fourteen billion six hundred

eighty-three million eight hundred forty-seven thousand three hundred and
thirty-five 94 cents Rupiah); and

(ii) Imateriil loss of Rp. 5.000.000.000,- (five billion Rupiah),

With total compensation totalling Rp19.683.847.335,94 (nineteen billion six

hundred eighty-three million eight hundred forty-seven thousand three hundred
and thirty-five ninety-four sen Rupiah).

4.
To punish DEFENDANT / Askey for paying interest obligations of 6% (six per cent)
per year of the total value of compensation that must be paid by DEFENDANT /
Askey to PLAINTIFF I / Stage representing PLAINTIFF based on dictum number 3
above, which is calculated from the time this Lawsuit is registered until the
payment of the damages is fully paid by DEFENDANT / Askey to PLAINTIFF I /
Stage representing PLAINTIFFS
 HHR
Lawsuit of Act Against the Law
NO. REF.: 055/PEC-2020/L/III/21/PMH-AMP-GBS
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8 March 2021

5 Ordered DEFENDANT / Askey to perform the

emptying and retrieved items that proved to be
defective in the Design System as total 14.627
(fourteen thousand six hundred and twenty-
seven) Modern 4G units (BL200) that have
been temporarily stored in the Warehouse
PLAINTIFFS located on Jalan Waru No. 1,
Waru, Sidoarjo,no later than within 7 (seven)
working days since the passing of the
aanmaning period related to the ruling of
permanent legal force on a quo cases, after
DEFENDANT / Askey fulfils its obligation to
indemnify PLAINTIFFS following dictum number
3 above.

6.
Stating that if for any reason also DEFENDANT / Askey does not carry out the
verdict based on dictum number 5 above, then with the passage of the term
referred to, for the sake of law has given full authority and power to PLAINTIFFS to
take action, emptying, seclusion, destruction, or transfer of such items to other
third parties, so that all items proved to be defective in system design, as total
14.627 (fourteen thousand six hundred and twenty-seven) Modern 4G (BL200)
unites are no longer stored in PLAINTIFFS warehouse.

7.
Ordered PLAINTIFFS to submit a formal and written notice to the Registrar’s Office
of the District Court of South Jakarta by giving a gush to DEFENDANT / Askey
and/or other relevant parties if the act of emptying, seclusion, destruction or
transfer of goods is carried out by PLAINTIFFS following dictum number 6 above.

8.
Punishing DEFENDANT/ Askey to remain obligated to pay all warehouse costs
from the registration of this Lawsuit until the act of emptying either by
DEFENDANT / Askey as referred to in dictum number 5 or by PLAINTIFFS as
referred to in dictum number 6 above.
9.
Declaring this verdict can be implemented first despite the efforts of rebuttal
(verzet), appeal, or cassation (uitvoerbaar bij voorrad).
10.
Punish CO-DEFENDANT/Internux to submit and abide by the verdict in this case
11.
Punish DEFENDANT / Askey to pay the costs of this case according to the law
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Lawsuit of Act Against the Law
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No. REF.: 055/PEC-2020/L/III/21/PMH-AMP-GBS
8 March 2021
OR

If the Honorable Judge thinks otherwise, please make the decision in accordance with the
fairest justice ((ex aequo et bono).

Hormat Kami,
HUTABARAT HALIM & REKAN (HHR LAWYERS)
LEGAL REPRESENTATIVE OF PT PANGGUMG ELEGTRIC CITRABUANA AND PT.
AKARI INDONESIA

Marojahan Hutabarat Asido M. Panjaitan

Yuri Haki Dalimunthe M. han Nautika

etapy Luthfll Putera