How Was It Possible?
Poring over the documents Made Jati had presented to
the court and trying to understand my loss, I discovered:
- Just seven months after our marriage Made Jati established a secret unmarried
identity for herself in Tabanan while maintaining a separate married identity with
me in Sanur. She used this secret identity to acquire many more documents as a single
woman over the next 12 years.
- Throughout our marriage, Made Jati and her family presented numerous documents
to me in Indonesian for my signature. They explained that they were necessary for
immigration or business or our family Hindu religious ceremonies, and I signed them
based on trust for my wife despite being unable to read them.
- Made Jati acquired a new Marriage Certificate at the Civil Records Office in Denpasar
in 1996 without my knowledge, using documents she assembled starting over ten years
earlier in 1986.
- Made Jati’s two witnesses in the trial, her sister Nyoman Suti and Uluwatu manager
Heru Widiyanto, apparently committed perjury by swearing they had witnessed the
fictitious 1996 ceremony.
- The testimony of my witnesses was falsified and reversed in the court records
so that they appeared to deny the actual 1994 Bali ceremony.
- My lawyers, Rifan SH and Fajar Harini SH, of Austrindo Law Office, aside from
failing to enter available evidence to the National Court, did not enter a Memo
of Appeal to the High Court despite telling me they had done so. Without a declaration
of appeal to the court, my chances of winning on appeal were zero.
Made Jati entered this photo as evidence to court of a Balinese marriage ceremony
at her father's home in Kuta in September 1996.
But this photo—the next shot on the negative—with our first child, born March 1993 and here one year old, places
the actual ceremony in early 1994 at our family home in Sanur.
My problem in 2006 after losing in the High Court was what to do about it? There
were clear indications of multiple crimes by multiple persons: False Documents,
Perjury, Fraud, Collusion.
On the other hand, most friends with long experience in Indonesia advised me to
abandon my children and flee Bali.
For a foreigner - or bule - to oppose a fraud in Bali, they told me, was
hopeless.
What To Do Next?
It was indeed desperate for a bule to fight an apparent fraud backed by documents
prepared over fourteen years and targeting millions of dollars worth of assets -
particularly now that those assets were already in the hands of Made Jati's family.
If I gave in, however, I would lose my children and they would lose their birthrights.
Their U.S. citizenship status would be thrown into legal chaos which could take
years to sort out through complex court cases in both Indonesia and the U.S.
I decided to stay and fight.
Confronted with growing evidence that Austrindo Law Office had colluded with Made
Jati, I eventually hired new attorneys, Maharidzal SH and Mangasi Simangunsong SH.
They entered an appeal to the Supreme Court. As long as my case was under consideration
I regained parental rights to my children during the appeal, but Made Jati kept
control of our family assets.
But with Made Jati refusing any discussion or settlement or mediation, I had no
choice but to report the suspected crimes to the police at Polda Bali.