The susi johnston situation

Rangi

[CENTER] THE SUSI JOHNSTON SITUATION Page 1 Regarding the home of Susi Johnston in Pererenan, Mengwi, Bali, and the lawsuit "Tety Carolina vs. Susi Johnston" Te t y h a s n o l e g a l r i g h t i n t h i s m a t t e r 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 e ff orts 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 e ffi ciently 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 a ff ord 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 seni.sastra.nusantara@gmail.com for clarification and documentation. THE SUSI JOHNSTON SITUATION Page 2 Background / Synopsis 1999 - 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 - 2011 BP 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. 2012 In 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 . . . ) THE SUSI JOHNSTON SITUATION Page 3 Background / Synopsis (continued) 2013 - Present Immediately 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 seni.sastra.nusantara@gmail.com * Original documentary evidence available on request. [/CENTER]

http://susijohnston.com/wp-content/uploads/2013/12/Susi-Johnston-Situation.pdf Bali expat set up in drug case - Page 2 Sorry for the way it came out. It would of taken for ever to get it all normal unless there is some trick I don't know about. I have put a link to it anyway. Anyway some people might want to read it, some might not but I thought at least some people will b nterested

hinakos

She has an incredible amount of faith that goodness will eventually prevail in Indonesia. I sincerely hope it does - if someone like her goes down there is zero hope for anyone trying to do things honestly here (which in reality, none of us do) We all just watch and hope for justice from the sidelines - while forever handing over Rp to smooth the govt administrative processes we navigate - feeding the fires of corruption which are engulfing her.

Markit

Geee, I wonder if a group of informed and (relatively) wealthy expats living here in Bali were all to pull together with a common goal (regularizing our legal treatment re: property ownership/leaseholds) what might come of that - instead of just one little woman whose just lost her husband, for example...? Yeah, you're right. One little woman, alone, is probably tougher.

joji gulapetis

Markit wroteGeee, I wonder if a group of informed and (relatively) wealthy expats living here in Bali were all to pull together with a common goal (regularizing our legal treatment re: property ownership/leaseholds) what might come of that - instead of just one little woman whose just lost her husband, for example...? Yeah, you're right. One little woman, alone, is probably tougher.

You are singing to the deaf mate. I hear you. I think it is a bloody good idea, but it's like pissing into the wind. Maybe one day when someone here on the pod gets their nuts in a vice, we will have another few believers. :beaten: :topsy_turvy::topsy_turvy:

tintin

GO, SUSI, may the force be with you.:applause::applause:

Markit

This just gets worse and worse. Pity there isn't a group of wealthy expats living in Bali with similar situations that might offer a hand to this poor lady??? But I guess it's easier to open another Binny and think about lunch....

balibule

I think it's time for her to admit defeat and move before it's to late.

Rangi

[QUOTE]Bali is odd indeed. Today I was visited by three plainclothes detectives at home. They said were here to take my complete biodata. They took two full sets of fingerprints on two different forms. Every finger individually, and also sets of four fingers together, and thumbs separately, rolled vertically rather than horizontally. They also took extensive information including: [LIST] [*]height [*]weight [*]body type [*]face shape [*]nose shape [*]chin shape [*]skin colour [*]hair colour [*]hair texture [*]eye colour [*]distinguishing body marks (like scars or birthmarks) [*]details of my teeth [*]full names of my parents [*]whether my parents are alive and where they live [*]photocopy of passport [/LIST] They said they were following up on the investigation into two recent late night intrusions/theft at my home, which I reported to the police at the time (and gave fingerprints at the time, too, for them to compare to crime scene prints). After a month of investigations into those intrusions, I received a formal letter declaring the case was closed and the investigation stopped, as there were no leads based on evidence and witness interviews. I felt sad that these crimes could not be solved, even with a tremendous amount of on-site evidence, and extensive cooperation by dozens of witnesses and potential suspects. The odd thing today was this unannounced appearance, almost a month after the case was closed, by three plainclothes detectives. And what's odder still, their purpose was to take very complete biodata from me. Me? The victim? The person who reported a crime that has already been considered a closed case? Is that normal? What value does the complete biodata and family history of a victim have for investigating a crime against them? Particularly for a crime report that has already been declared closed? How weird is that? I am wondering if they wanted to get the biodata on file in anticipation of me becoming a dead body? Faster body ID, faster the incident fades from the attention of the media. Or if they wanted it to crosscheck with Interpol or other intelligence agencies, to look for something in my background or the background of my family that they (or their "paying client") could use against me, for example to deport me, defame me, or for some other similar motive? At any rate, it seems very peculiar. Has this happened to any other victims of house break-ins or other crimes in Bali? Is it normal? Is this police procedure, to take very complete data from a VICTIM of a crime? This corresponds closer to booking a criminal into jail than it does to assisting a victim of crime. THE ATTACHED IMAGE IS EXACTLY LIKE THE FORM THEY FILLED OUT WITH MY PRINTS AND DATA. AND THEY COMPLETED TWO OF THESE FORMS WITH TWO ORIGINAL COMPLETE SETS OF FINGERPRINTS. THIS IS A FORM USED BY THE FBI AND OTHER USA AGENCIES TO "BOOK" SUSPECTS/CRIMINALS. THIS DOES NOT SEEM NORMAL FOR A VICTIM REPORTING A ROBBERY. [/QUOTE] Susi often posts in some of the facebook pages, a while back she had home invasions. This lady is having a tough time of it. This is the same lady who the thread was originally about. [ATTACH type="full" alt="1923"]1923[/ATTACH]

ronb

So, I just went back and read some of the stuff Rangi posted in December. In the story is [quote] 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 asis of a "Use Deed" (Sertifikat Hak Pakai). BP contacted the notary who wrote the article and requested conversion to Hak Pakai [/quote] I'm guessing, but I wonder whether the article was written by Rainy Hendriany, and if that's who then started the processes that ran into all this trouble? Articles by her appear in Bali Discovery from time to time, and were the cause of difficulties on this forum between former members Roy and Balilife in 2009. Just wondering.

samsiam

Welcome to Asia. Do not be worth more dead...than alive.

Rangi

Here is a link to a thread from March from last year about it.

American citizen and resident of Bali for 18 years, Susi Johnston, was detained by Denpasar Police for four days last week after drugs were allegedly found in her vehicle. However, she was released after undergoing an intensive investigation because the police determined there was no evidence linking her to the ecstasy pills apparently planted in the car. According to statements from the accused, this was the culmination of months of harassment, home invasions and legal wrangling where she found herself embroiled in land dispute claims and manipulation. In a letter sent to the beat daily, Johnston said that a dispute began over the ownership of hers and her recently deceased husband’s property in Mengwi, Bali. She began to receive threats from a nominee used on the title of the land, who was claiming the property to be her own, which then lead to lawsuits and counter lawsuits, which are still in process and bogus immigration charges against her in late 2012, which were found at the time to be fabricated. In February she endured three home invasions by a group of around 50 thugs, which then lead police to deploy a team of patrol officers to protect Johnston and her property 24/7. This latest incident, with drugs apparently planted in her car, unravelled last week when Johnston had to leave the country to process her Indonesian residence permit after the earlier immigration issues. Johnston left Indonesia on March 5, 2013 and went to Singapore to renew the permit. As she headed to Ngurah Rai airport to leave Indonesia, Susi was driven by an immigration officer and escorted all the way to the plane, while her car was entrusted to a lawyer named Wayan Kartika to be parked safely near the immigration office on the Ngurah Rai Bypass. When she arrived back to Bali on the same day, she was told the keys had been given to a guard. “When I was on the way to the car, plainclothes men intercepted me,” she said. In the letter to the beat daily Susi continues, “I take a taxi from the airport to immigration office to get my keys from the jaga malams there. Get the keys and begin walking to my car about 100 yards away. Just as I begin heading for the car, I am jumped/assaulted by a group of large men dressed in black shirts and leather jackets, like gangsters. Terrified. Then suddenly I realize they are undercover police and this is a setup. My lawyers had warned me this was a common tactic to terrorise or “eliminate” people. A very unpleasant 45 minutes ensues, in the dark, as I demand these men wait for a witness (kepala lingkungan, lawyer, or consular staff, for example) to arrive to be with me before they open and search my car. I refuse to touch the car or get inside. One of these men in black “finds” a small wad of newspaper in my car and shows me something yellow inside; I can’t see what it is, what material, shape, it’s too dark and too far away, as I have refused to touch or get inside the car. The officers who are responsible for guarding my house (from Polsek Mengwi) have arrived in a patrol car with lights and sirens to guard me. The men in black demand that we go to my house and insist that I drive my own car. I refuse. Mengwi police assist, negotiate that I will ride with them, and the men in black can follow in my car. We go to my house.” In the search at the house the police found no evidence. However, two ecstasy pills were found near the car handbrake wrapped in newspaper. Johnston was taken to Polresta Denpasar, and after four days of lab tests and interrogation of numerous witnesses, the police could not prove Johnston’s involvement in the ownership of the illicit goods, so she was released. Meanwhile, police are now investigating where the drugs in the car came from and who planted them there. “I hope the police can prove and trace who put the stuff into my car,” Johnston stated to reporters in Denpasar earlier this week. “Otherwise the same thing could happen to anyone in Bali, at any time.”

https://balipod.com/forum/threads/expat-set-up-in-drug-case-while-being-embroiled-in-land-dispute.8895/ Susi comments in the Thread. From her posts on Fb I have seen in various groups she seems like a really nice Lady. Must be bloody terrible for her.

tintin

Here is the latest in Ms. Susi Johnston's tribulations. :hopelessness: http://susijohnston.com/wp-content/uploads/2013/12/Susi-Johnston-Situation.pdf

Markit

When this story first came up several years ago I started to take a more detailed interest including "friending" the lady a while back on FarceBook. Now I do admire her energy and engagement with the local people, culture and issues but I also have to say there doesn't seem to be another human being on the planet that is trying harder to piss off the Indonesian authorities. She is a loud proponent of every single issue that might in any way be considered contentious from stray dogs to Benoa Harbor and everything in between. Don't get me wrong, this is admirable behavior in someone that is involved in their environment and culture but since [I][B]her[/B][/I] dogs were poisoned [U]in her compound [/U]several weeks ago and she lives continuously guarded by a segment of the police ARMED WITH MACHINE GUNS it seems a little foolhardy not to say suicidal to be continually fighting litigation on the one side and poking a large stick at the local government on the other. But what do I know?

davita

Here is the latest in Ms. Susi Johnston's tribulations. :hopelessness: http://susijohnston.com/wp-content/uploads/2013/12/Susi-Johnston-Situation.pdf

Tintin...I noticed that your link is the same as the OP (Rangi) Post #1 linked to last December...so it may be the latest but it's hardly recent. Whilst I'm sure we all have sympathy for Susi in her unfair situation, it does remind us all of the danger of using a nominee. The person whose name is on the Hak Milik title deed IS the owner....it's that simple. Our villa IS owned by our nominee and no amount of obviating, notarising or contracting otherwise will redress that fact. We just have to trust him. Perhaps a way to get some fairness would be for countries like Australia, Canada, USA, Netherlands, UK and others, where Indonesians are allowed to own land and property, to reverse that until reciprocity is permitted. I read of an Indonesian/Australian developer that is actively promoting new Sydney apartments.....in Indonesia. I've forgotten the details but their goal was to have a significant amount of owners as Indonesian citizens...they boast about that in their marketing.

samsiam

Yes Davita....they kinda giggle around the dinner table at how they have persuaded many to buy their lands...but not.....and then they can go and buy freehold in our own homelands usually. At the risk of a right dressing down by certain peolle....I have much experience with it back home, have bought built and sold a few properties and currently have a subdivision of 6 blocks we are selling......same same but different as they say.

samsiam

As for the crack squad at Suzies house....one beat up old pickup parked outside and a guard dressed in well worn blue, looking like getting into a trot would be a major accomplishment, sleeping in the shade or over the road trying to chat up the bahasa language teacher, and no sign of a machine gun...

tintin

davita wroteTintin...I noticed that your link is the same as the OP (Rangi) Post #1 linked to last December...so it may be the latest but it's hardly recent.

You are probably right, as I did not take the time to compare the present "update" with that Rangi's few month ago, and you obviously did. Butthis is the latest from Susi on her website.

davita

samsiam wroteYes Davita....they kinda giggle around the dinner table at how they have persuaded many to buy their lands...but not.....and then they can go and buy freehold in our own homelands usually.

I'm not so sure that ordinary Indonesians are aware of the situation vis-a-vis foreign ownership...only those that have a 'vested' interest.... like some nominees. Also, witness the increase in value of Bali land and the resultant transformation of a paddy field to another villa, marketed by a 'reliable' foreign realtor......and see the greed!!! Land rights in Indonesia are still largely unresolved so the politicos have bigger problems and are unlikely to change anything......unless 'persuaded'. It doesn't need rocket science to create an ownership-law for the protection of foreigners committed to living/retired in Indonesia, and to the benefit of the Republic...it takes political will.:abnormal: A government guaranteed lease-title of say 75 years, mortgageable, transferable and inheritable, comes to mind.

davita

Thanks for that update matsaleh....I'm not on facebook so miss all the fun! Re: my previous post of the perils of the nominee ownership and Susi's conversion of her property to Hak Pakai. My understanding is that her nominee must have notarised that conversion and agreed. This situation certainly gives more confidence to any foreigner who wants to 'own' in Indonesia as it means they now have a guaranteed lease on the property, but my understanding is that is initially only for a MAX of 30 years. When it comes to sell the value will be substantially lower than the original freehold title, depending on the outstanding lease, and surely an Indonesian (probably the nominee) still retains Hak Milik title.

samsiam

Interesting stuff.....beleive it or not, not uncommon back home. Good on her for going the whole 9 yards....nice to see people with backbone, to many people just give up thinking no hope for them throw in the towel etc...its all a game to them, tis good to call the bluff from time to time......