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Towards Operational Excellence and Financial Sustainability

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These consolidated fi nancial statements are originally issued in Indonesian language.<br />

PT INDOCEMENT TUNGGAL PRAKARSA Tbk. AND SUBSIDIARIES<br />

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS<br />

Years ended December 31, 2004 <strong>and</strong> 2003<br />

(Expressed in rupiah, unless otherwise stated)<br />

m. The Company is exposed to market risks, primarily changes in currency exchange rates, <strong>and</strong> uses derivative instruments<br />

to hedge the risks in such exposures in connection with its risk management activities. The Company does not hold or<br />

issue derivative instruments for trading purposes.<br />

As of December 31, 2004, the Company has outst<strong>and</strong>ing forward exchange contracts with St<strong>and</strong>ard Chartered Bank,<br />

Jakarta Branch, JPMorgan Chase Bank, N.A., Jakarta Branch (JPMorgan) <strong>and</strong> ABN-AMRO Bank N.V., Jakarta Branch,<br />

with notional amounts aggregating to JP¥1,975 million <strong>and</strong> US$25 million which will mature in various dates in 2005,<br />

at fixed exchange rates ranging fromRp85.43 to Rp89.24 to JP¥1 <strong>and</strong> Rp8,990 to Rp9,477 to US$1. In addition, the<br />

Company also has outst<strong>and</strong>ing option contracts with JPMorgan, with notional amounts aggregating to JP¥105 million <strong>and</strong><br />

US$1.5 million, whereby JPMorgan <strong>and</strong> the Company have the right to “call <strong>and</strong> put” at the exchange rates of Rp8,500 <strong>and</strong><br />

Rp9,800 to US$1 <strong>and</strong> Rp79.4 <strong>and</strong> Rp90.29 to JP¥1 (see Note 26c). As of December 31, 2004, the Company recognized<br />

the net receivables on the forward <strong>and</strong> option contracts at market value of Rp11,541,667,148, which is presented as part<br />

of “Other Receivables from Third Parties” in the 2004 consolidated balance sheet.<br />

The gain arising from the derivative transactions amounted to Rp18,812,439,398 <strong>and</strong> is recorded as part of “Foreign<br />

Exchange Gain (Loss) - Net” in the 2004 consolidated statement of income.<br />

23. LITIGATION<br />

On February 24, 2004, Ati binti Sadim dkk (“Plaintiffs”), who represented themselves as the heirs of the owners of l<strong>and</strong> with<br />

an area of 2,665,044 square meters located in Cipulus <strong>and</strong> Pasir Kores, Lulut Village - West Java, filed a lawsuit against the<br />

Company for alleged unfair practices employed by the Company in acquiring the aforementioned l<strong>and</strong>, specifically for the<br />

following reasons:<br />

• The l<strong>and</strong> price is too low <strong>and</strong> inappropriate.<br />

• The purchase price was determined only by the Company.<br />

• The Company did not involve the Plaintiffs in the l<strong>and</strong> measurement process.<br />

• The Company has not paid the price for l<strong>and</strong> with an area of approximately 934,111 square meters which it has taken<br />

possession.<br />

The total loss being claimed by the Plaintiffs due to their inability to use the l<strong>and</strong> for a 30-year period amounts to<br />

Rp41,103,585,000.<br />

Based on the decision of the District Court of Cibinong (the “Court”) dated August 10, 2004, the Court rejected all of the<br />

above claims. The Plaintiffs have submitted an appeal to the High Court of West Java <strong>and</strong> as of the independent auditors’<br />

report date, the High Court of West Java has not yet rendered its final decision. Management believes that the outcome of<br />

the lawsuit will be in favor of the Company since the claims have no basis <strong>and</strong> are invalid.<br />

24. ECONOMIC CONDITIONS<br />

The operations of the Company <strong>and</strong> its Subsidiaries may be affected by future economic conditions in Indonesia that may<br />

contribute to volatility in currency values <strong>and</strong> negatively impact economic growth. Economic improvements <strong>and</strong> sustained<br />

recovery are dependent upon several factors such as fiscal <strong>and</strong> monetary actions being undertaken by the Government <strong>and</strong><br />

others, actions that are beyond the control of the Company <strong>and</strong> its Subsidiaries.<br />

95<br />

Indocement Annual Report 2004

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