Jakarta -PT Sumber Global Energy Tbk (SGER) claims to have been cheated by its Vietnamese business partner, Danka Minerals Joint Stock Company (Danka). The coal trading company feels disadvantaged after allegations of fraud spread through the media.
Feeling that the company’s good name was tarnished, SGER’s President Director, Welly Thomas, filed a lawsuit with the South Jakarta District Court on February 12, 2025. He stated that the impact of the accusations was very detrimental to SGER, especially in terms of customer and business partner trust. In fact, banks have begun to question the company’s credibility.
“Fraud is a very strong word. As if we were cheating,” Welly told reporters, Friday (7/3/2025).
He emphasized that SGER has always run its business transparently and has never been involved in fraud, including manipulating the calorific value of traded coal.
According to Welly, until now Danka has not brought this issue to the legal path, either through litigation or non-litigation. All issues that have developed so far have only circulated through the media. He also emphasized that SGER is convinced that it is not guilty and this is not the first time his party has sent coal to Danka. Currently, SGER is waiting for a summons from the court for further examination, while their attorney is preparing the necessary supporting documents.
The problem began when SGER signed a coal sales contract with Danka on June 21, 2024. In the contract, SGER agreed to ship 60,000 metric tons of coal at a price of USD 66.73 per metric ton and a Net Calorific Value (NCV) specification of 4,500 Kcal/kg. In accordance with the provisions of the contract, the transfer of ownership and risk of the cargo occurs after the coal is loaded on board the ship, using the Freight on Board (FOB) provisions.
As part of the agreement, both parties agreed to appoint PT Anindya Wiraputra Konsult Independent Surveyor & Laboratory to inspect the quality of the coal to be shipped. The results of the inspection conducted by Anindya showed that the coal supplied by SGER was in accordance with the specifications stated in the contract. However, problems arose when the coal arrived at the unloading port in Vietnam, precisely at the Vinh Tan 4 Thermal Power Plant. Danka claimed that the quality of the coal received was lower than it should have been, with a Net As Received (NAR) value of only 3,744 Kcal/kg, based on the results of the inspection conducted by the surveyor appointed by Danka.
However, according to the terms of the contract, Danka should have filed an objection within 30 days after the Bill of Lading (B/L) date through an umpire mechanism. This was not done by Danka, and with the expiration of the time limit, the inspection results conducted by Anindya, which showed a NAR of 4,525 Kcal/kg, became a binding reference for both parties.
The issue escalated when Vietnam’s Ministry of Trade and Industry (MOIT) sent a letter to Indonesia’s Minister of Energy and Mineral Resources, Bahlil Lahadalia, on September 27, 2024. In the letter, MOIT stated that SGER was involved in fraudulent practices, although there is no legal evidence to support the claim to date. This allegation clearly damaged SGER’s reputation, which now hopes that the legal process can prove their innocence.