Jakarta, CNBC Indonesia – Director of PT Asaba Utama Corporatama (AUC), Widjaja opens up about a dispute case involving the company and its partner, STAEDTLER NORIS GmbH.
AUC itself as shareholders PT Staedtler Indonesia considers, problem this is a challenge. The reason is, maintaining a business that has been established since 1978 is not easy.
“Building and maintaining a business is not easy. There are various internal and external challenges that can occur,” he said in a limited session with the Media, Monday (6/11/2023).
He said that AUC is basically committed to growing the Staedtler brand in Indonesia through PT Staedtler Indonesia (PT SI) in collaboration with with STAEDTLER NORIS GmbH.
He said that both parties were able to maintain stable business growth even though the Covid-19 pandemic emerged, and survive amidst increasingly fierce competition.
But problems arise at the end of 2020because STAEDTLER NORIS GmbH suddenly plans to close PT SI and divert knowhow or plastic pencil formula unilaterally, until the legal representative of STAEDTLER NORIS GmbH does so EGM allegedly manipulation.
The following is a detailed summary of the problems told by the AUC to the media.
1. Staedtler Noris GmbH wants to close the PT Staedtler Indonesia factory
Initially AUC owned 49% of shares in PT SI. However, in 2010, Staedtler Noris GmbH expressed its desire to become the owner of 75% of shares in PT SI, and finally convinced AUC to sell parthis shares with book value, based Staedtler Noris GmbH’s persuasion will make PT SI the center of the world’s Staedtler brand pencil industry, and will close Staedtler factories other than those in Germany and Indonesia.
This will also increase PT SI’s sales volume, and require dividends to be retained for factory development. So the portion of share ownership in PT SI becomes Staedtler Noris GmbH 74.95% and AUC 25.05%.
So, even though AUC’s share ownership is smaller, the dividends that AUC will receive are larger. In connection with plans to finance the expansion of PT SI’s production capacity, dividend distribution has been postponed/withheld since 2010.
Due to this, AUC submitted a lawsuit to the Serang District Court on 25 August 2021 with the result being the Serang District Court Decision Number: 110/Pdt.G/2021/PN Srg dated 10 May 2023, which has been confirmed by the Banten High Court Decision Number: 188 /PDT/2023/PT BTN dated 1 August 2021.
The verdict stated that Staedtler Noris GmbH was declared to have committed an unlawful act because it wanted to close the PT Staedtler Indonesia factory which was not in accordance with the Articles of Association and the laws in force in Indonesia.
2. Staedtler Noris GmbH diverts knowhow plastic pencils owned by PT Staedtler Indonesia
In 2016, Staedtler Noris GmbH canceled plans to develop PT SI’s wooden pencils to become the center of the world pencil industry, and instead offered to carry out research and research for the plastic pencil project, which in its presentation Staedtler Noris GmbH stated that plastic pencils would be more profitable because the raw materials are cheaper and 95% is in Indonesia.
Then AUC approved the proposal so that starting in 2017 a lab and factory (along with machines and systems) were built for the development of plastic pencils which were fully funded by PT SI.
In December 2020, knowhow The plastic pencil (formula) which was the work of the nation’s children and discovered by PT SI was actually transferred unilaterally and against the law by a subsidiary of Staedtler Noris GmbH, namely Staedtler Mars GmbH & Co.KG.
Due to the actions of Staedtler Noris GmbH or its subsidiary, AUC filed an Unlawful Action Lawsuit at the Serang District Court.
“Armed with all the data we have, we chose to take legal action. We cannot possibly sacrifice a business that has developed well for decades and has become a livelihood for our employees. We will continue to fight for PT SI and we hope that justice will be on our side.” ” explained the Director of AUC, Widjaja.
In the end, the Serang District Court Decision Number: 110/Pdt.G/2021/PN Srg dated 10 May 2023 was produced, and was confirmed by the Banten High Court Decision Number: 188/PDT/2023/PT BTN dated 1 August 2023.
The ruling states that Knowhow The Plastic Pencil developed and discovered at PT SI is the legal property of PT SI, and Staedtler Noris GmbH and all its subsidiaries are prohibited from using this plastic pencil know-how without legal rights and permission from PT SI.
3. Staedtler Noris GmbH’s proxy efforts to create an EGMS allegedly Manipulation
On April 13 2021, STAEDTLER NORIS GmbH sent a letter to AUC regarding plans to liquidate PT SI. The liquidation proposal was rejected, because AUC was responsible for it more than 100 PT SI employees. In response to AUC’s rejection of the liquidation plan, STAEDTLER NORIS GmbH instead make AGMLB allegedly manipulation.
At the EGMS, STAEDTLER NORIS GmbH changed the composition of the Board of Directors and Commissioners, and placed selected people who were allegedly For support the liquidation plan.
Then AUC reported the authority of Staedtler Noris GmbH to Bareskrim Polri via Police Report Receipt Number: STTL/175/VI/2022/BARESKRIM dated 15 June 2022, and then Philipp Kersting, Zuhesti Prihadini, and Rudi Tanran were detained and are being tried as Defendants at the Tangerang District Court with Case Number: 1643/Pid.B/2023/PN Tng.
In the future, AUC is committed to continuing to strive to maintain the stability of PT SI’s business, so that the PT SI factory still produces as usual and employees still carry out operations and get their rights.
[Gambas:Video CNBC]
(dpu/dpu)