PT LMWS Business Dispute Ends in Settlement, Police Report Under Withdrawal Process

PT LMWS Business Dispute Ends in Settlement, Police Report Under Withdrawal Process
Legal counsel, I Wayan Swandi, SH.

DENPASAR — A business dispute involving PT Lembongan Monkey Water Sport (PT LMWS) in Nusa Penida has reportedly been resolved amicably, with a police report now in the process of being withdrawn.

The case stemmed from a complaint filed by Trinh Ngoc Tran (43), a U.S. citizen of Vietnamese origin, against his business associate Christopher Capel. Tran accused Capel of embezzling company revenues. The report was registered at the Klungkung Police Integrated Service Center (SPKT) on Monday, August 18, 2025, under registration number STPL/154/VIII/2025/SPKT/POLRES KLUNGKUNG.

Through his legal counsel, I Wayan Swandi, SH., Tran confirmed that both parties have reached a formal settlement. The agreement was set out in a Peace Settlement Deed executed before a notary under Number 02/LEG/XII/2025, signed by notary Ni Kadek Witarini on December 21, 2025. The document was prepared in both Indonesian and English.

Swandi stated that his client had previously been removed unilaterally from the company, a move he said violated Law No. 40 of 2007 on Limited Liability Companies. “My client was dismissed without following the legal mechanisms stipulated under the applicable law,” Swandi said on Tuesday (January 27, 2026), speaking at a restaurant in Denpasar.

He expressed hope that all terms of the peace agreement would be fully implemented, noting that his side has yet to receive a copy of the amended deed of PT Lembongan Monkey Water Sport. “We understand there were minor adjustments related to the company’s KBLI business classification, but until now we have not received the amended deed,” Swandi added. He emphasized that the agreement must be executed as stipulated to ensure genuine reconciliation.

Regarding the police report, Swandi said he has not yet received official confirmation from the Klungkung Police concerning its withdrawal.
Under the settlement, the Second Party is to be reappointed as Commissioner of PT LMWS through a General Meeting of Shareholders (RUPS) no later than 14 days after the signing of the agreement. The Commissioner is entitled to a monthly honorarium of Rp15 million, along with accommodation and meal allowances of up to Rp10 million per month, reimbursed based on receipts.

The agreement strictly limits the Commissioner’s role to supervisory and advisory functions in accordance with the amended Articles of Association, prohibiting involvement in day-to-day operations. Oversight authority is confined to ensuring the Board of Directors’ compliance with the Articles of Association, RUPS resolutions, and applicable laws, without any right to intervene in or assume management decisions. All strategic and operational authority remains exclusively with the Directors.

Any breach of these authority limits may result in dishonorable dismissal through a RUPS. Dividend distribution is to be conducted in accordance with prevailing laws and regulations. The agreement is governed by Indonesian law, with dispute resolution prioritized through deliberation, and if unresolved, through the Klungkung District Court.

Violations of the agreement may incur penalties of Rp50 million per day after two written warnings. Additional provisions regulate amendments, prohibit transfer of rights without consent, ensure the agreement remains binding despite changes in management, and require the withdrawal of all legal reports related to PT LMWS within three days of signing.

Response from Christopher Capel

Separately, Christopher Capel, Director of PT Lembongan Monkey Water Sports, has submitted an official letter to the Editor-in-Chief. In his correspondence, Capel stated that the police report filed by Trinh Ngoc Tran—also known as Trinity—is currently undergoing the withdrawal process and that the allegations have not been legally proven.

Capel also rejected claims involving an alleged Rp200 billion loss, describing the figure as unrealistic and unsupported by the company’s financial records. He asserted that the company’s finances have been professionally audited and show that PT LMWS never generated funds of that magnitude.

Furthermore, Capel questioned the credibility of previous journalistic coverage that did not identify the author, which he said contradicts journalistic ethics.

The editorial team has responded to Capel’s letter and is currently awaiting his formal submission of a right of reply or correction.

Editor: Ray