The Case of Divorce Ni Made Jati vs Michael Patrick Donnelly

Lawyer IB Wikantara Fired from his Profession

 

DERAP November 2015

 

Because for more that 10 years he practiced his profession with no ethics, including ordering his client—who nota bene only finished education through Class 5 of Elementary School—to violate an agreement for divorce that had been previously settled…

 

The Board of Honor of PERADI, Jakarta, … in a recent decision on 11 September 2015 ruled that IB Wikantara (the Accused) was proven to have violated the code of ethics of his profession…

They ruled that the Accused was to be permanently stripped of his license to practice law…

To DERAP, Michael Patrick Donnelly (the Complainant) accompanied by his lawyers Kisworo, Rielen Pattiasina, dan Jab Pakpahan expressed his happiness at the decision after 10 long and tiring years of struggle seeking justice in what should have been a simple divorce. Sometimes in doubt about the outcome of the legal battle, Michael Donnelly admitted he occasionally almost lost hope, as well as expending a great deal of time and money and changes of lawyers, even being forced to flee to his own country (USA) after a death threat. He never ceased to fight, however, despite frequently losing even at the Mahkamah Agung in which there is suspicion that the process was arranged unfairly through the manipulations of IB Wikantara, said Michael Donnelly. The decision by the Board of Honor ruled in an Accusation brought by Michael Patrick Donnelly against IB Wikantara… that the Accused has for 10 years stood in the midst of the destruction of his family as the lawyer for Ni Made Jati, the former wife of the Complainant and mother to Sean Donnelly and Brenden Surya Donnelly.

A simple case of divorce in which a peaceful settlement was already agreed to in detail between the Complainant and Ni Made Jati was aggravated and manipulated by the Accused, and all attempts at settlement were blocked, until the divorce has now developed into a series of civil and criminal cases in Indonesia and California which continue to expand.

Because Made Jati has an education limited to Class 5 of Elementary School and shows symptoms of emotional disturbance, it is suspected based on numerous indications that the Accused deceived and manipulated his client for his own benefit. Due to the actions of the Accused, Made Jati lost custody and visitation rights with her children since 2008, has been forced to flee two arrest warrants in two countries, and is also now facing serious civil and criminal accusations. That the Accused acted in accordance with instructions from his client based on a Power of Attorney is not reasonable, because the Accused hid important facts from Made Jati with the intention of placing Made Jati in a disadvantageous position while extending the legal conflicts. Among other actions, the Accused lied to his client causing the children to be chased from Indonesia and resulting in Made Jati losing custody of her children.

The Accused also continually blocked every attempt from family, courts, and other authorities requesting Made Jati to meet with or enter mediation with her former family.

The [cases started when] the Accused with Made Jati in 2005 entered an Accusation of Divorce against the Complainant based upon a false Certificate of Marriage dated 1996 and denying the original marriage which took place in 1985.

The legal result was that Made Jati won in the decision of the National Court in Denpasar, helped by falsification of the testimonies of Michael’s witnesses. In 2006 Michael reported to Polda Bali that Made Jati’s witnesses had lied and that her Certificate of Marriage was false, and the file containing evidence of violation of Section 266 of the Criminal Code flew back and forth 12 times between Polda Bali and the Kejaksaan (Public Prosecutor). In 2007 the file was closed with the excuse “not enough evidence” only one month after the threat. The Decision of the Mahkamah Agung (Supreme Court) was then that the marriage of 1985 was valid in Indonesia, and the Certificate of Marriage in possession of Made Jati was cancelled by rule of law.

Made Jati brought an Accusation for Child Custody in California, then fled and abandoned her children on orders from IB Wikantara. The [2nd] decision of the Mahkamah Agung in 2009 was that “the actions of Made Jati in acquiring a Certificate of Marriage in 1996 was an Action Contrary to Law,” and the decision of the California Superior Court was that “Made Jati has abandoned her children.” Consequently from 2005 through 2015 Made Jati and Ida Bagus Wikantara consistently rejected all requests for communication or mediation.

…. For 10 years he practiced law in a manner contrary to ethics, including ordering his client who nota bene has an education limited to Class 5 of Elementary School to violate a divorce agreement already settled, destroying communications between husband and wife, and causing the children to lose contact with their mother, and lying to his client concerning true facts and events of law. Also he used the services of thugs to chase the Complainant and the manager of a restaurant owned by the Complainant, committed criminal acts including using false legal documents and false witnesses in court, and taking advantage of the stupidity of his client and making her into his milk cow and causing a goat fight between the Complainant and his wife.

… The response of Ida Bagus Wikantara when DERAP met him at the National Court in Denpasar on Monday 26 October 2015 was that he admitted receiving the PERADI decision and explained that he did not accept it and it was not legal, because the proceeding should have been held in Bali… Wikantara will take steps to appeal the decision… “And if the appeal confirms the original decision of Board of Honor of PERADI Headquarters, I can still practice my profession as a lawyer by moving to another bar association aside from PERADI,” said Wikantara.