PERUSAHAAN PERSEROAN PERSERO P.T. TELEKOMUNIKASI INDONESIA Tbk AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS UNAUDITED continued JUNE 30, 2008 AND 2009,
AND SIX MONTHS PERIOD ENDED JUNE 30, 2008 AND 2009 Figures in tables are presented in millions of Rupiah, unless otherwise stated
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49. CONTINGENCIES continued
c. On January 2, 2006, the Office of the Attorney General launched an investigation into allegations of misuse of telecommunications facilities in connection with the provision of VoIP services,
whereby one of Company’s former employees and four of the Company’s employees in KSO VII were named suspects. As a result of the investigations, one of Company’s former employees and
two of the Company’s employees were indicted in the Makassar District Court, and two other employees were indicted in the Denpasar District Court for their alleged corruption in KSO VII.
On January 29, 2008, the Makassar District Court found the defendant not guilty. The Attorney has filed an appeal to Indonesian SC objecting the District Court ruling. On March 3, 2008,
Denpasar District Court found the defendants guilty and sentenced each defendant to a one-year six-month prison term and a one year prison term and gave Rp.50 million penalty. The
defendants have filed an appeal to the Bali High Court objecting to the District Court ruling. On November 5, 2008, the Bali High Court found the defendant guilty. On January 16, 2009, one of
the defendant in Bali High Court has filed an appeal to Indonesian SC. As of the issuance date of the consolidated financial statements, no decision has been reached on both appeals.
d. The Commission for the Supervision of Business Competition “Komisi Pengawasan Persaingan Usaha” or “KPPU” on its letter dated December 5, 2007, notified Telkomsel that based on its
investigation of case No. 07KPPU-L2007 dated November 19, 2007, according to the applied provisions regarding allegation of violating Law No. 51999, “Prohibition of Monopolistic Practice
and Unfair Business Competition” the “Law”, related to cross-ownership by Temasek Holdings and monopoly practices by Telkomsel, it had decided that, among other things:
• Telkomsel had not been proven to violate article 25.1.b of the Law,
• Telkomsel had violated article 17.1 of the Law,
• Temasek Holdings and certain affiliated companies were instructed to release their
ownership either in Indosat or Telkomsel with the following conditions: Maximum 5 of total shares for each buyer,
The buyer is not associated with Temasek Holdings. •
Telkomsel was to be charged a penalty of Rp.25,000 million and instructed Telkomsel to discontinue the imposition of high tariffs and reduce its tariffs by least 15.
On May 9, 2008 the Court pronounced its verdict and concluded among other things: •
Telkomsel had not been proven to violate article 25.1.b of the Law, •
Telkomsel had violated article 17.1 of the Law, •
Temasek Holdings and certain affiliated companies were instructed to release their ownership in either Indosat or Telkomsel or to decrease its ownership by 50 in each of
those companies within twelve months from the date of the decision becoming final and legally binding at the following conditions:
Maximum 10 of total shares for each buyer, The buyer is not associated with Temasek Holdings.
• Telkomsel was charged a penalty of Rp.15 billion,
• The Court revoked the decision of KPPU on the instruction to reduce the tariffs because
KPPU did not have the authority to determine the tariffs.
PERUSAHAAN PERSEROAN PERSERO P.T. TELEKOMUNIKASI INDONESIA Tbk AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS UNAUDITED continued JUNE 30, 2008 AND 2009,
AND SIX MONTHS PERIOD ENDED JUNE 30, 2008 AND 2009 Figures in tables are presented in millions of Rupiah, unless otherwise stated
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