Leks&Co has represented PT Lubuk Sumber Jaya and one of the shareholders of PT Lubuk Sumber Jaya as defendants to defend the object of claim, i.e. decision and receipt of notification issued by the Minister of Law and Human Rights (“MOLHR”). The claim by the wife of a former shareholder was declared inadmissible. The State Administrative Court declared that it is not authorized to examine the case since the dispute is related to the transfer of shares that should be examined by judges of public court.
The claimant claims that the shares owned by claimant’s husband in PT Lubuk Sumber Jaya are marital property, and the shares are transferred without obtaining claimant’s spousal consent. Since the transfer of shares is not valid under the marriage law, then the issuance of decision and receipt of notification by the MOLHR violates the prevailing laws and regulation and general principles of good governance. The defendants explain that the claimant’s husband has obtained claimant’s spousal consent. Even if no spousal consent given by the claimant, the transfer of shares is still valid since the spousal consent is only required