THE SUSI JOHNSTON...

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THE SUSI JOHNSTON SITUATION Page 1 Regarding the home of Susi Johnston in Pererenan, Mengwi, Bali, and the lawsuit "Tety Carolina vs. Susi Johnston" Tety has no legal right in this matter Tety Carolina has no legitimate rights or claims over the property which is Susi's home. Criminal activity Susi has been the victim of serious crimes associated with Tety Carolina's eorts to seize her home for personal profit, including violent crimes. Conversion to Hak Pakai Susi wishes to continue unobstructed, in conversion of the property to "Sertifikat Hak Pakai atas Tanah Negara" (Right of Use Deeds), a process which began in 2005 and has not yet been completed due to illegal obstructions by Tety Carolina and her associates. Progress at the police department Susi wishes for the criminal cases at Polda Bali in which she is the victim to be processed eciently according to the law. They have been stuck in what appear to be deliberately manufactured delays for ten months with no prosecutions. Not for sale Susi has no intention to sell any part of the property now or at any time in future. About Susi Johnston A retired professional, US citizen, two decades living in Bali. Scholar of culture and literature (MA), expert on Indonesian culture, history, literature and arts. A humanitarian philanthropist, Charter President of the Rotary Club of Bali Canggu, benefactor and mentor to young Indonesians who cannot aord an education. Founding Principal of Yayasan Seni|Sastra|Budaya Nusantara, a nonprofit foundation that supports study, preservation, and development of Indonesian literature, arts and cultural activities, and is based at the property in Pererenan where she lives. Her intention is to bequeath the property to the foundation, as a cultural asset for the people of Indonesia in perpetuity. Note that the process of formal establishment of the foundation is still in progress, and has been obstructed by the unwarranted attacks on her by Tety Carolina and her associates for their own personal profit. Dispelling -Confusion And Misinformation Persons who have been persuaded to believe otherwise are invited to contact +62 8123 665 669 or [email protected] for clarification and documentation.

Transcript of THE SUSI JOHNSTON...

Page 1: THE SUSI JOHNSTON SITUATIONsusijohnston.com/wp-content/uploads/2013/12/Susi-Johnston-Situation.pdf · THE SUSI JOHNSTON SITUATION!Page 1 Regarding the home of Susi Johnston in Pererenan,

THE SUSI JOHNSTON SITUATION

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Regarding the home of Susi Johnston in Pererenan, Mengwi, Bali, and the lawsuit "Tety Carolina vs. Susi Johnston"

Tety has no legal right in this matter Tety Carolina has no legitimate rights or claims over the property which is Susi's home.

Criminal activity Susi has been the victim of serious crimes associated with Tety Carolina's efforts to seize her home for personal profit, including violent crimes.

Conversion to Hak Pakai Susi wishes to continue unobstructed, in conversion of the property to "Sertifikat Hak Pakai atas Tanah Negara" (Right of Use Deeds), a process which began in 2005 and has not yet been completed due to illegal obstructions by Tety Carolina and her associates.

Progress at the police departmentSusi wishes for the criminal cases at Polda Bali in which she is the victim to be processed efficiently

according to the law. They have been stuck in what appear to be deliberately manufactured delays for ten months with no prosecutions.

Not for saleSusi has no intention to sell any part of the property now or at any time in future.

About Susi JohnstonA retired professional, US citizen, two decades living in Bali.

Scholar of culture and literature (MA), expert on Indonesian culture, history, literature and arts.  A humanitarian philanthropist, Charter President of the Rotary Club of Bali Canggu, benefactor and mentor to young Indonesians who cannot afford an education. Founding Principal of Yayasan Seni|Sastra|Budaya Nusantara, a nonprofit foundation that supports study, preservation, and development of Indonesian literature, arts and cultural activities, and is based at the property in Pererenan where she lives. Her intention is to bequeath the property to the foundation, as a cultural asset for the people of Indonesia in perpetuity. Note that the process of formal establishment of the foundation is still in progress, and has been obstructed by the unwarranted attacks on her by Tety Carolina and her associates for their own personal profit.

Dispelling -Confusion And Misinformation

Persons who have been persuaded to believe otherwise are invited to contact +62 8123 665 669 or [email protected] for clarification and documentation.

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Background / Synopsis1999 - 2000

Bruno Piazza (BP) sold his home in Europe* to purchase land in Bali to make a new home. Purchase, taxes, and transaction costs were paid entirely by BP with "clean" money transferred openly from a European bank to Indonesian banks*. BP, a foreigner in Indonesia, was advised to document the purchase with a "nominee" structure (in the name of a local associate). He did so, borrowing the name of Tety Carolina (TC), the wife of a friend, who he paid approximately $10,000* in consideration of her participation at this time. Legal decrees and agreements were executed by a Notary Public*, and BP was unaware any aspect of the transaction contravened the law, understanding that Notaries Public are sworn representatives of the Law.

One of the documents executed was an agreement between TC and BP granting rights over the property to BP and his heirs in perpetuity*. Following completion of the transaction, the original land deeds, notarized legal decrees, agreements, and payment receipts were given to BP by the Notary Public*, and at no time has TC ever had control of, or seen these documents, nor did she request to have them. BP subsequently married Susan Elizabeth Johnston* (SEJ - known as Susi Johnston to her friends). He had never been married previously, neither in common law, nor by any other means or interpretation of marriage.

2005 - 2006

BP saw an article* written in English revealing that nominee structures are not valid in Indonesia, but foreigners may hold one landed residence here on the basis of a "Use Deed" (Sertifikat Hak Pakai). BP contacted the notary who wrote the article and requested conversion to Hak Pakai, in order to conform with the law*. In November 2005, BP, SEJ and TC at the office of the notary executed legal decrees to convert the land deeds to Hak Pakai in BP's own name*.

TC participated with full understanding of the nature of these legal decrees, one of which (again) granted full powers of attorney over the property to BP* so he could complete the conversion to Hak Pakai, and TC was paid an additional $8,000* at this time in consideration for her participation. The notary submitted the land deeds to the National Land Agency (BPN) requesting conversion to Hak Pakai*.

Immedately thereafter, BP and SEJ became aware that this conversion to Hak Pakai was premature because: 1) procedures for such conversions were not yet clear, and cases were being argued in the courts related to this*; 2) the land deeds did not yet have new land-use mapping numbers (NIBs)* and should have them prior to conversion; 3) the multiple deeds for the property should be combined into one at the time of conversion to Hak Pakai rather than at a later time. BP and SEJ requested the notary retract the deeds from BPN and postpone the conversion* pending regulatory clarity, addition of NIBs, and consolidation of the deeds into one. In 2006, the deeds were returned to BP and SEJ by the notary*. BP and SEJ sought advice from legal experts and notaries regarding completion of the prerequisites to conversion, and the conversion to Hak Pakai*.

2007 - 2011BP and SEJ received a land/building tax

calculation containing significant errors* and sought advice from tax consultants to resolve the discrepancies*. BP and SEJ completed construction of their home on the property, and began residing there. They funded all construction expenses together*. Following extensive consultations with experts*, BP and SEJ delivered the deeds to a notary in Bali* to process the tax discrepancy, procure NIBs, consolidate the certificates, and convert to Hak Pakai.

In March 2010, BP was diagnosed with cancer*. He and SEJ focused on his urgent treatment and only occasionally had time to

continue the complex processes toward conversion to Hak Pakai. BP's prognosis became terminal in July 2011* and he died of cancer* on 28 October 2011* peacefully at home in Bali. No issues were ever raised by TC at any time in regard to the property or related documents, nor did she ever visit the property until a few days after BP died. She did not raise issues related to the property at that time either.

2012In January 2012, BP's will was legalized

without contention, with SEJ as his universal residual heir*. Beginning in March 2012, SEJ became aware of libelous stories disseminated in Indonesia and overseas claiming that she murdered BP, cremated his remains to destroy the evidence, and was not BP's wife but merely an illicit lover. SEJ later became aware of further libelous reports disseminated in Indonesia claiming that TC had funded the property herself, was BP's wife, and SEJ was merely a criminal interloper. In March 2012, TC with two male companions visited SEJ's home and obtained a photocopy-of-a-photocopy of the land deeds and the building permit through deception*.

In May 2012, SEJ was surprised to receive a summons and lawsuit at home. SEJ had no previous experience in any country at any time with any court matters, and could not understand the contents of the documents. Also, Indonesian is SEJ's second language, and her abilities are limited. When asked to sign one of the documents (a receipt), since she could not possibly understand its contents, she was unable to sign it. SEJ sought advice from various parties*, and was advised a lawsuit had been filed attacking her, but that three summons were required before the matter could proceed to court. They advised her not to panic, and suggested this might merely be an attempt to disturb her in order to extort money. (continued . . . )

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Background / Synopsis (continued)

2013 - PresentImmediately after this: 1) SEJ was

threatened by Nyoman Sujana SH in his capacity as TC's lawyer*; 2) then was the victim of a false report to the Department of Immigration in an attempt to deport her*; 3) then she was attacked at home on three separate occasions by large groups of hired gangsters with significant damage to her property, terror, trauma, and theft, in a criminal attempt to evict her from her home by force on 5, 8, and 11 February 2013*; 4) next she was the victim of a false report to the office of the Director General of Immigration in a second attempt to have her deported*; 5) following that she was the victim of a coordinated narcotics set-up, was arrested and detained, in an attempt to remove her from her home by having her jailed*; 6) SEJ was also the victim of multiple libelous false reports against her at the Badung Regency Police Office* and the Bali Province Police Headquarters*; 7) SEJ also discovered numerous advertisements* and other attempts* by TC to illegally sell her home to third parties; 8) finally SEJ had the land deeds, building permit, her husband's death and succession documents, her own birth certificate, marriage certificate, and other documents taken and kept from her illegally for more than one year by Wayan Kartika Jaya Utama SH (and his associates)*, preventing her from traveling, and from handling her husband's succession and other official matters.

SEJ reported these crimes to Bali Police Headquarters and criminal cases were filed*, but the cases were not progressed satisfactorily*. There were also indications of irregularities in the progress of her appeal in the courts*.

Consequently, in April 2013, SEJ made formal requests for legal protection and assistance* to the High Court in Denpasar, the Prosecutor's Office in Denpasar, the Chief of Police for Bali, the Bali House of Representatives, and the Governor of Bali. She notified the following parties of her requests in writing: the President of Indonesia, the Chairman of the National House of Representatives, the Chief Justice of the Supreme Court, the National Commission on Human Rights, the National Judicial Supervision Commission, the National Commander in Chief of the Police Forces, the Chairman of the National Land Agency, the US Consulate Surabaya in Surabaya, and the US Embassy in Jakarta. As a result, SEJ was formally granted police protection, and has been guarded by police officers at her home since that time. Also, as a result, numerous meetings took place with the chief justice of the High Court of Denpasar (Gede Sumitra), the Internal Discipline Agency of the Bali Police (PROPAM), the Supervisor of Police Operations of the Bali Police (IRWASDA), the Governor's legal bureau, and the Chief Prosecutor in Denpasar.

In July 2013, a decision against SEJ's appeal was issued by the High Court in Denpasar, during the Idul Fitri holiday, a timing regarded as irregular and which raised questions. The substance and procedural details of this decision suggest irregularities*. SEJ subsequently filed a further appeal herself in the Supreme Court.

The criminal cases in which SEJ was the victim still failed to progress satisfactorily, and in September 2013 she again consulted PROPAM Bali, and IRWASDA Bali, and was advised to make a formal request for assistance in progressing these cases to the National Commander in Chief of the Police Forces*, which she did, notifying the following parties of this request in writing: the National Commission on Human Rights, the National Police Force Supervisory Commission, the US Embassy Jakarta, and the Chief of Police of Bali. This led to prominent news articles in three daily newspapers*, and her criminal cases at POLDA were re-animated briefly. However, in December 2013, they once again failed to progress satisfactorily. SEJ is now, yet again, seeking fair treatment according to the Law, and has brought her concerns again to the Chief Prosecutor, human rights organizations, and police authorities. SEJ is also continuing to process the administrative prerequisites for conversion of the property status to Hak Pakai.

For further information, interested parties, authorities, and media are most welcome to contact Susan Elizabeth "Susi" Johnston, di Jalan Sempol 20, Banjar Batu, Pererenan, Mengwi, Badung, Bali, Tel +62 8123 665 669, Email [email protected]

* Original documentary evidence available on request.