Introduction
Uluwatu case summary - my advice is to skip to the next page
This dry case summary lays out the event and documents presented in the following pages. Useful for organizing facts, not interesting to read.
To the Head of Criminal Investigations
Kabareskrim Jend. Sutarman yth
National Police Headquarters, Jakarta
RE: Summary Report of the ULUWATU / MAFIA OF THE GODS cases
Subject:
Two American children, Sean (18) and Brenden (16), and their American father, Michael Donnelly, report the boys’ mother NI Made Jati, Indonesian citizen, and others including members of the Bali Police, for a suspected series of
- ECONOMIC CRIMES including a complex fraud involving over USD 10 million in assets,
- DOCUMENT FRAUDS including acquisition of false marriage and other documents intended to falsify the children’s birth status and cancel their U.S. citizenships,
- PERSONAL CRIMES including child abandonment and involvement in threats against the lives of her family and defiance of orders of the California Superior Court to pay child support currently exceeding USD 600,000, and
- CONSPIRACY with a self-described ORGANIZATION which includes Indonesian officials, and private Indonesian, U.S. and other citizens apparently assisting NI Made Jati in violation of Indonesian and California laws, and including a “Law Mafia” or MAFIA OF THE GODS which has denied access to or protection under the law in Indonesia and caused Sean, Brenden, and Michael to flee Indonesia after a threat to their lives.
Summary:
Sean and Brenden Donnelly are children of a marriage which took place in Los Angeles in 1985 between their parents Michael Donnelly and Ni Made Jati. Two years after the California marriage, Michael and Made Jati moved to Bali where they established successful businesses. Sean was born in California in 1993 and Brenden in Singapore in 1994, and they became U.S. citizens in accordance with both U.S. and Indonesian law.
In 2005 Made Jati filed for divorce in Denpasar, Bali, based upon a purported Hindu marriage occurring in Bali in 1996. The marriage was fictitious and the marriage documents were obtained in a manner contrary to law and without Michael’s knowledge. A divorce based upon a marriage in 1996 rather than 1985 would
- in Indonesia cause the children to be considered bastards born out of wedlock and therefore cause cancellation of their U.S. citizenships, and
- cause all family assets in common to be considered “assets before marriage” of Made Jati.
Divorce proceedings at the District Court and then at the High Court in Bali, Michael’s evidence of a prior 1985 California marriage was rejected and his witnesses’ statements were falsified in the court records, and both courts found in favor of Made Jati, based upon her false documents and perjurious testimony of her witnesses. Made Jati then attempted to seize custody of the children and did seize custody of all family assets and businesses, and she cut all communication with Michael.
Statements in the Decision of the High Court indicated that Michael’s own attorneys in Bali were probably working in collusion with Made Jati. Michael hired new attorneys for an appeal to the Supreme Court of Indonesia. Michael also reported the fraudulent documents to the Bali Police.
Through the next year and a half, however, it became clear that elements of the Bali Police, the Public Prosecutor, the Judiciary, and others were working in collusion to block investigation. Michael received clear statements and warnings to the effect that foreigners were not welcome to use the Indonesian legal system and that he was expected to flee Indonesia.
Indeed in August 2007, while Michael, Sean and Brenden were vacationing in California, they received an anonymous death threat. Michael immediately flew to Bali but Made Jati refused to meet him or discuss the threat, and the U.S. Embassy in Jakarta advised Michael to flee Indonesia with the children.
For the next nine months Made Jati continued to refuse communication, but in March 2008 she appeared outside Sean, Brenden and Michael’s apartment in Los Angeles and demanded to see the children. The children refused to see her. Three days later Made Jati filed a petition for custody in the California Superior Court in Pomona.
After Michael’s declaration explaining the background of the case, the judge ordered a 730 family psychological evaluation and ordered Made Jati to cooperate in deposition. Her attorney in Bali then entered a declaration to the California court in which he advised his client not to cooperate with the court, and Made Jati immediately fled California.
The Court then made the finding that Made Jati had abandoned her children, issued a Restraining Order against Made Jati, awarded complete legal and physical custody to Michael, ordered Made Jati to pay Child Support and other costs of USD 10,747.00 per month, and issued an arrest warrant on 50 counts of criminal Contempt of Court.
In the meantime, the Supreme Court of Indonesia overturned the District Court and High Court decisions in Denpasar, and ruled that the 1985 California marriage was valid in Indonesia and was ended by divorce, and that Made Jati had acquired her 1996 documents in Bali “in a manner contrary to law.”
Despite these Indonesia and California court rulings, however, Made Jati continued to refuse communication or settlement with Michael or her children, and she refused all Child Support payments. She ignored a request from Sean in 2011 to help pay for his coming college expenses. Michael and the children twice visited Jakarta in May and in July 2011 under the sponsorship of the National Commission for Child Protection which summoned Made Jati to come meet her children, but Made Jati refused to leave Bali.
Sean, Brenden and Michael then reported the events in Bali to the National Police in Jakarta, and an investigation of the Bali Police may be underway. To present, however, there are no concrete results.
It is clear that an ORGANIZATION exists in Bali, and that it has also acted in California, and that the organization consists in one part of a regular grouping of Indonesian attorneys, government officials, police, judiciary and others termed the Mafia of the Gods (Mafia Dewata in Indonesian) and which engages in frequent frauds against foreign investors in Bali and of which Made Jati is a client, and in the other part of an organization of other backers termed Made’s Angels which have assisted with threats and perjury and of which Made Jati is the nucleus. Both branches are linked through Made Jati. Made Jati, the Mafia of the Gods and Made’s Angels all acted in furtherance of a scheme which was conceived and put into action in California.
Made Jati continues to receive the protection of the Mafia of the Gods and Made’s Angels, and as long as she remains in Bali she continues to enjoy all the assets seized from her husband and children under the protection of the Bali Police.
About Documents and Evidence:
This report to the FBI is largely a translation of a report to the National Police of Indonesia of July 2011. Supplemental Reports are presented separately to avoid this Summary Report becoming too long. Most of the Supplemental Reports are in Indonesian but will be translated on request. A PDF file Report to FBI, Uluwatu Aug 2011 – Summary Report.pdf contains 116 pages of essential documents. Every statement in this report is well supported by over 2000 pages of documents which are also available as PDF files.
A List of Evidence is attached as Supplemental Report II. In essence: a large part of the evidence for this report is already in the hands of the police in Bali (Polda Bali) as documentation of six cases which have been covered-up, not investigated, or terminated without adequate reason by the Bali Police.
In addition there are transcripts, declarations and the decision of the Superior Court of California in Case KD073003 regarding child custody
There is also the book Eleven Demons – Secrets of Deincarnation in Bali, and additional documents on the website www.uluwatu.com.
Family Background:
Sean Wayan Donnelly, citizen of the United States, now 18 years old, was born in Long Beach, California USA on March 17, 1993, of the marriage of his father Michael Patrick Donnelly and his mother Ni Made Jati Donnelly. (Sean's Birth Certificate I:3 )
Brenden Surya Donnelly, citizen of the United States, now aged 16, was born in Singapore on September 17, 1994, of the marriage of his father Michael Patrick Donnelly and his mother Ni Made Jati Donnelly. (Brenden’s Birth Certificate I:4)
A valid marriage between Michael Patrick Donnelly and Ni Made Jati took place in Los Angeles, California USA on September 14, 1985, and was legally registered in Indonesia at the Civil Records Office in Bali (Certificate of Marriage California 1985 I:7-10), and both the marriage and the divorce of that marriage were declared valid in the Final Decision of the Supreme Court of the Republic of Indonesia (Supreme Court Decision in Divorce I:58-70). Sean and Brenden's birth certificates were legally registered in the Civil Records Office in Bali (Proof of Registration of Birth Certificates Sean and Brenden I:5-6).
Michael Patrick Donnelly is a United States citizen, 59 years old, born in California USA, lived in Bali from 1987 through 2007, and now lives in California with Sean and Brenden.
Ni Made Jati Donnelly is a citizen of Indonesia, aged 54 years, but further status is unclear because of conflicting documents and because she has double identities, one in the county of Badung (Denpasar) where she lived with husband and children, and another in the county of Tabanan, where she was single. Per documents here attached, she has variously reported about where she was born, where she was domiciled, whether she was married, with what kind of ceremony, where held and on what date. She used her secret double identity from Tabanan in 1996 to obtain a new certificate of marriage without the knowledge of Michael. (Supplemental Report: Double Identity of Made Jati)
Background of Plans to Seize Family Assets
Made Jati and Michael were legally married in 1985 in California, and in 1987 they moved to Bali where they established a harmonious family life including the birth of two children.
In April 2005, Made Jati sued for divorce in Indonesia. In her Accusation of Divorce she claimed a marriage according to Hindu Religion and Bali Custom which took place in September 1996 at her home in Kuta, Bali. This ceremony is fictitious and never occurred. She did not mention the existence of the legal marriage in California in 1985. (Accusation of Divorce I:15-19)
Recognizing a legal marriage only in 1996 leads to two important consequences:
1) Since Sean was born in 1993 and Brenden was born in 1994, they would be bastards born outside of marriage by Indonesian law, Michael would have no parental rights, and their U.S. citizenships would invalid in Indonesia.
2) All the family assets in Indonesia, held under the name of Made Jati because as a foreigner Michael could not directly own business or land in Indonesia and Michael trusted his wife, would be reclassified as the wife's property before marriage. Property consists of two companies: Uluwatu Boutiques in the field of garment manufacturing and tourist retail in Bali, and Kori Restaurant in Kuta, as well as other properties and family homes. Total value of these assets is estimated over USD 10 million.
In regard to Michael not having rights as the children's father, with the accusation of divorce Made Jati entered as evidence a 1997 Family Registration Card prepared by Made Jati herself which declared that Michael was not a member of the family and that Made Jati was Head of Household, and based upon this card Made Jati claimed sole legal custody of the children. (Family Registration Card I:31)
In regard to the family property, according to Indonesian law all family assets are property 50 / 50 percent between husband and wife. Made Jati’s apparent motivation for fraud was that she felt 50 percent was not enough and she wanted 100 per cent.
As evidence to support her accusation of divorce, Made Jati filed documents and photographs of a Hindu wedding ceremony held in May 1994 at Michael and Made Jati’s family home in Sanur, Bali, but she explained the documents and photographs as if to prove a marriage ceremony which she claimed occurred in September 1996 in Kuta. (Evidence in Divorce Made Jati I:20-27)
Michael did indeed participate in a Hindu ceremony in 1994 at the request of Made Jati’s family based on an explanation by Made Jati that the marriage ceremony was a confirmation and follow-up to the California marriage of 1985 and as an honor to the family in Bali and as a means to improve family harmony. There was never any explanation of an associated legal purpose. Made Jati and her family arranged all important documents related to the ceremony, in Balinese and Indonesian languages, and they presented documents to Michael for his signature with various explanations. The majority of photographs and other evidence presented by Made Jati in the divorce hearing was evidence of the Sudiwudani, or Hindu baptism ceremony, apparently because, according to the Hindu Religious Affairs Office, a valid marriage per Hindu Religion can only take place between two people who are legally recognized members of the Hindu Religion.
At the ceremony held in May 1994, Sean was one year old and Made Jati was five months pregnant with the second child, Brenden, who was born in September 1994. In actuality, Made Jati’s residence / domicile was in the house with her husband Michael and their son Sean in Sanur, not with her father, I Nyoman Ada in Kuta as claimed in the accusation of divorce. (Photos in comparison I:28-29)
At the hearing Made Jati also entered documents from the Civil Records Office in Denpasar of a Marriage Certificate issued in September 1996 (Marriage Certificate 1996 I:30) and a Marriage Certificate Application completed and signed by Made Jati alone. To obtain the Marriage Certificate, Made Jati used a Letter Certifying Hindu Marriage (Certificate of Hindu Marriage Ceremony from Tabanan I:24-25) which claimed that a Hindu wedding ceremony took place in Tabanan in June 1996. This ceremony is fictitious and never occurred. So the explanation of Made Jati in her Accusation of Divorce, which claims a ceremony occurring September 1996 in Kuta, is not synchronous with documents supporting the Marriage Certificate from Denpasar which claims a ceremony June 1996 in Tabanan, and is not synchronous with evidence and photographs of the true ceremony, held May 1994 in Sanur and which Made Jati filed as evidence at trial purporting to show a ceremony in 1996.
Hearings for Divorce:
In addition to photographs and documents from the Civil Records Office, Made Jati presented two witnesses. One was her sister Ni Nyoman Suti, and the other was Nyoman Suti’s lover and a manager of Uluwatu Boutiques, Heru Widiyanto. Both Nyoman Suti and Heru Widiyanto testified under oath that the Hindu marriage ceremony took place in 1996, although they claimed it was held in Sanur and not in Kuta. (District Court Decision 119 / Pdt.G. / 2005 / PN DPS I:32-44)
Michael presented two witnesses, Ni Made Artini and I Nyoman Sudana, who testified under oath that there was no Hindu marriage in 1996, and that the Hindu marriage in Made Jati’s photographic evidence took place in 1994 in Sanur. These two witnesses together with a third witness, Michael’s brother Steve Donnelly, testified to a valid marriage which occurred in 1985 in California.
The Decision of the District Court ignored the evidence and testimony of Michael’s witnesses, and accepted an explanation from the witnesses and evidence presented by Made Jati, and therefore based upon explanations from Made Jati, Nyoman Suti and Heru Widiyanto, the Court granted Made Jati’s divorce petition entirely in accordance with her request.
In the written Decision of the District Court, the District Court clerk I Made Beteng falsified and reversed the testimonies of Michael’s witnesses Ni Made Artini and I Nyoman Sudana. (Statements of Made Artini and Nyoman Sudana I:46-49)
Consequences of False Testimony in the Divorce Hearing:
The apparent fraud achieved success with the Decision of the Denpasar District Court which was based on false documents and false testimony from Made Jati, Nyoman Suti, and Heru Widiyanto. Their testimonies formed the basis for six subsequent years of disaster for Sean, Brenden and Michael.
After the verdict was announced by the District Court, Made Jati attempted to assert her custody of Sean and Brenden by force and by denying the rights of Michael as their father, and Made Jati and her family drove Michael from the family businesses and family home with threats of arrest by the police if he returned. (Full Explanation in Eleven Demons)
Michael regained temporary parental rights during appeal to the High Court, but never regained rights to the family assets.
The Decision of the High Court was published February 2006, and in that decision the High Court stated that Michael’s attorneys Mohamed Rifan SH and I G.A.R Fajar Harini SH of Austrindo Law Office never filed a Memo of Appeal to the High Court (Denpasar High Court Decision 16 / PDT / 2006 / PT.DPS I:50-53). The decision of the High Court therefore reaffirmed the decision of the District Court.
Because of this and numerous other actions by Austrindo Law Office which appeared intended to destroy Michael's position, Michael concluded that Rifan and Fajar Harini were actually working together with Made Jati, and therefore Michael felt duped in a deliberate deception by Peter Johnson, Rifan and Fajar Harini of Austrindo Law Office.
Michael found new lawyers Maharidzal SH and Mangasi Simangungsong SH to file an appeal to the Supreme Court.
Police Reports:
Because of the loss in the District Court and because Made Jati refused all mediation or settlement, Michael reported the actions of Made Jati to the Bali Police (Polda Bali in Indonesian).
The First Report was filed immediately after the November 2005 District Court ruling with the assistance of Rifan of Austrindo Law Office. Michael was duped by Rifan and Investigator Wayan Karta, Investigations Coordinator I Made Dharma Santoso, and Director of Criminal Investigation (DirResKrim) Dewa Made Suharya: the police accepted a report of pengelapan, which they explained to Michael as meaning "fraud" in English, when in fact it means "embezzlement." Rifan and the police knew that embezzlement is impossible between a husband and wife under Indonesian law. The police terminated the investigation with their acceptance of the evidence and testimony of witnesses for Made Jati, but without any examination of Michael’s documents or witnesses. (See Full Explanation of Six Cases)
The Second Report at Polda Bali was filed with the help of Michael’s attorneys Maharidzal and Mangasi Simangungsong. This report was investigated as appropriate by investigators Hagnyono SH and I Nyoman Sarka, and Made Jati eventually admitted to the investigators that
• the California marriage did take place in 1985,
• the true Hindu marriage ceremony occurred in Sanur in 1994 and not in Kuta in 1996,
• the letter certifying a Hindu marriage in Tabanan in 1996 was false and untrue,
• the documents she used to obtain a marriage certificate in 1996 at the Civil Records Office were false and untrue,
• her evidence entered in the divorce hearings was false and untrue, and
• her witnesses Nyoman Suti and Heru Widiyanto had lied or committed perjury when they testified to a Hindu marriage ceremony in 1996.
But on May 11, 2006 Made Jati and her lawyer Ida Bagus Wikantara SH met privately with DirResKrim Dewa Made Suharya in his office, and then DirResKrim Suharya summoned Investigator Hagnyono and ordered him to issue an “SP2HP” Stop Order and not to interfere further with Made Jati. The SP2HP was indeed issued, but the evidence was already complete and DirResKrim Suharya was transferred per previous schedule to a new post in West Java, and so the completed investigation was finally sent to the Prosecutor's Office for preparation of an indictment. But due to opposition from the prosecutor, the file began a journey back and forth between police and prosecutor 12 times with apparently baseless “P-19” rejections, but with an explanation by officials directly to Michael and his attorneys that the case was not brought to trial because of the objections "of people upstairs." After more than a year alternating and forth, the case was terminated with an “SP3” Final Stop Order with an excuse of “no demonstrable evidence of a loss.” (See Full Explanation of Six Cases) and (A complete description in Eleven Demons)
The Third Report was filed with the police in PolRes Tabanan because of newly discovered false documents originating in Tabanan and obtained by Made Jati apparently in support of a fraud in a land purchase. The investigation was conducted as appropriate by Investigator Beny Murjayanto, and the Tabanan police issued a warrant for arrest of Made Jati on 20 November 2007. Apparently Made Jati was informed beforehand through a leak from the Tabanan police and she fled from her house midmorning of 20 November 2007 and did not return to Indonesia for six months until June 2008. Consequences of that flight are described below in discussions of the California Superior Court. (See Full Explanation of Six Cases)
The Fourth Report was filed to the police at PolSek Kuta for suspected fraud by Made Jati against a business partner in Kori Restaurant, with strong further indications of false documents. The report was never investigated. (See Full Explanation of Six Cases) The Fifth Report was filed to police at PolSek Kuta for suspected fraud by Peter Johnson, M. Rifan, and I G.A.R. Fajar Harini of Austrindo Law Office in their handling of the divorce case. The report was never investigated. (See Full Explanation of Six Cases)
The Sixth Report was filed to the police at National Police Headquarters (Mabes Polri) in Jakarta for suspected Perjury by Made Jati, Nyoman Suti, and Heru Widiyanto. The file was sent from Mabes Polri to Polda Bali for investigation, but the reply from Polda Bali was an insulting rejection of the case and the file was terminated with an SP3 Final Stop Order. (See Full Explanation of Six Cases)
Actions of a Law Mafia:
Since 2005, Michael has repeatedly requested to the police that he be summoned and examined together with Made Jati in confrontation, as is plainly described in police regulations, but the Bali police consistently refused the request. In fact, Made Jati was protected and given a chance to escape the single arrest warrant arising from these reports, Made Jati and her friends were not summoned or their testimonies were weakened and manipulated, testimonies of Michael’s witnesses were ignored or falsified, Michael's witnesses and friends were threatened with arrest if they continued their reports, and the police attempted to appear too stupid or incompetent to locate the proper sections of the Criminal Code necessary to complete the investigations.
It appears that a "Law Mafia" (Mafia Hukum in Indonesia) controls the legal system in Bali. Law Mafia is a common term in Indonesia meaning a loosely organized grouping of individuals from various provincial level legal institutions working together to control local law enforcement. Law Mafias are always local and often ethnically based. (Supplemental Report: Law Mafia and see for example Law Mafia Running Wild in the National Police I:54) Law Mafias usually target local industries by assisting businessmen evade national laws and regulations or evade criminal prosecutions. Law Mafias, therefore, actively seek clients and encourage criminal frauds because in this way can they receive percentages of the money flowing through the local business economy.
In Bali the main industry is tourism. Hundreds of millions of dollars flow into Bali for investment into hotels, villas, restaurants, and other businesses. Foreign investors frequently lose their investments to local partners. The existence of a Law Mafia in Bali facilitating these losses is largely unknown because most victims cannot speak or read Indonesian, do not understand the legal system, rely on local lawyers who may themselves be part of the Law Mafia, and generally end up fleeing Indonesia in mystification or even fear after threats if they persist in contesting their loss.
There is no name for the Law Mafia in Bali because no one talks about it, but it could be termed the Mafia of the Gods (or Mafia Dewata in Indonesian). It is apparently comprised of lawyers and various elements of legal institutions including police, prosecutors, judges and officials in other government offices, and it sponsors and protects Made Jati and her associates.
Destruction of the Family:
Made Jati began a series of deceptions starting in 1986 only six months after the beginning of marriage with the preparation of false documents establishing a dual identity as a single woman resident in Tabanan, Bali, at a time when she was in fact living in California and applying for a U.S. “Green Card” as a California resident. (Certificate Unmarried from Tabanan 1986 I:55) In 1994 she arranged a Hindu marriage ceremony apparently intended as an important element of the fraud, and she continued her preparations in 1996 with a false marriage certificate intended to unlawfully supplant the legal 1985 California marriage and cancel the U.S. citizenships of her children at a time when Sean and Brenden were four years and two years of age. These preparations formed the basis for the destruction of her family and her children.
Apparently knowing even shortly after the birth of her children that she would someday destroy her husband, Made Jati began a sexual relationship with an Austrian lover around 1996, and the affair became known to Michael in 1999. (Supplemental Report Gerold Eichinger)
Though Michael and Made Jati already lived apart, Made Jati refused to discuss a peaceful settlement with Michael from 1999 through 2005. Due to U.S. laws based on the Hague Convention Regarding the Welfare of Children, Michael feared accusations of International Child Abduction if he returned with Sean and Brenden to California.
Family life was in chaos since 1996, but worsened still further after Made Jati filed her Accusation of Divorce in April 2005, as she began to apply pressure on Sean and Brenden and cause them distress, telling them that Michael would no longer be their father. Made Jati refused all communication with Michael and she forbade all communication between the two family houses. (Photo Gateway Family House I:56) and (A complete description in Eleven Demons)
As reported by Sean and maid-servants, Made Jati often led angry meetings at her home in which colleagues and relatives discussed how to "finish" Michael, which caused great fear to Sean. The stress and depression impacted Sean's mental health, until in March 2007 Michael permitted Sean to request to stay only with his father (Sean Letter of March 18, 2007 I:57). Made Jati became extremely irate and abusive, and from that point on Sean did not want to be alone with his mother again. (A complete description in Eleven Demons)
Made Jati’s actions reveal an absolute lack of normal conscience, a cruel indifference to the welfare of her children, and an avaricious behavior which places her desire to triumph over her husband Michael before the needs of her children for a mother’s love and support.
Decision of the Supreme Court of Indonesia:
On 10 April 2007, the Mahkamah Agung (Supreme Court of Indonesia) ruled that the Decision of the District Court and the Decision of High Court in the divorce was incorrect and not in accordance with the laws of Indonesia, and it cancelled the decisions of District Court and High Court. The Supreme Court ruled that the original marriage between Michael and Made Jati which occurred in California in 1985 was legal in Indonesia, that the 1985 California marriage was terminated by divorce, and that the marriage certificate obtained Made Jati in 1996 was invalid and void by law. (Decision of the Supreme Court of Cassation 1428 K / PDT / 2006 I:58-70) Made Jati then entered an Extraordinary Appeal, which was rejected.
In a second civil case to cancel the 1996 Certificate of Marriage which Made Jati obtained in the Civil Records Office, the Supreme Court ruled that Made Jati’s action in obtaining the certificate was an act contrary to law and ruled the certificate to be revoked from the Civil Records Office. Made Jati entered another Extraordinary Appeal, which was rejected.
Despite these rulings, Made Jati continued to refuse any communications or to cooperate in settlement of family matters, and she retains control of all family assets until today.
Explanation of the Public Prosecutor that Foreign Citizens Are Expected to Flee:
On February 23, 2007, Wakajati (Chief Assistant Prosecutor) I Ketut Arthana explained to Maharidzal and Mangasi Simangungsong (accompanied by Michael although Wakajati Arthana was apparently unaware that Michael understood Indonesian), that the legal system of Indonesia was not expected to be used by foreign citizens, and that Indonesian lawyers were expected to help the Prosecutor’s Office achieve the goals of the Prosecutor’s Office because the relationship between attorney and the Prosecutor’s Office is permanent and for the attorney’s career, while foreign clients would soon flee Indonesia. (A complete description in Eleven Demons)
Death Threat and Escape of Michael, Sean and Brenden:
Indeed, on 2 August 2007, while Michael and Sean and Brenden were vacationing in California, Michael received an anonymous death threat from Indonesia. (Death Threat I:71) Michael left Sean and Brenden with their grandparents in California and immediately returned to Bali with plans to confront Made Jati. However Made Jati refused to meet Michael for the next ten days, stating that she felt "unwell." Michael was then chased from Kori Restaurant by a group of thugs sent by Made Jati and led by her lawyer Ida Bagus Wikantara. (A complete description in Eleven Demons)
The U.S. Embassy strongly advised Michael to flee Indonesia with Sean and Brenden for their safety because the situation was clearly dangerous and the threat should be considered serious. Michael returned to Sean and Brenden in California.
Arriving in California, Michael reported the threat and the presence of Sean and Brenden in California at the Los Angeles Sheriff's Department, the FBI, and the Consulate General of the Republic of Indonesia in Los Angeles. (Sheriff and the FBI Receipt Report I:72)
Although Made Jati had Michael’s email address and the email and phone and street address of Michael's parents, Made Jati sent no messages to Michael from August to December 2007. Beginning December 2007, Michael sent emails to Made Jati which she answered once, but Made Jati then refused any further communication.
In mid December 2007 a group calling themselves "Made's Angels" circulated several emails which were insulting and libelous to Michael, and they threatened persecution should Michael return to Bali, but the people who circulated these emails refused any direct communication with Michael.
There are strong indications of Made Jati’s direct involvement with the death threats and the libelous and threatening emails, but Made Jati has refused to discuss either the threats or any other issues with Michael.
Child Abandonment:
As noted in Police Report # 3 above, Made Jati fled Indonesia on 20 November 2007 ahead of an arrest warrant from PolRes Tabanan. (Warrant for Arrest and Flight Schedule I:73-76) Without Michael’s knowledge she sought refuge in California, although she busied herself for the next 3 ½ months with a holiday in Newport Beach rather than trying to meet Sean and Brenden.
On 16 March 2008 she appeared outside Sean, Brenden and Michael’s apartment in Los Angeles and demanded to see the children. The children refused to see her. Three days later Made Jati filed a petition for Custody / Visitation / Child Support in the California Superior Court in Pomona, stating that Michael had kidnapped the children.
In her declaration to the court, Made Jati explained that she was backed by an organization which she called “Made’s Angels,” consisting of both Indonesians and expatriates in Bali, and she submitted notarized statements from Angels attesting to her good character and Michael’s evil nature. Some of these statements had already been publicly circulated in Bali and included threats to Michael.
After Michael’s declaration explaining the background of the case, the judge ordered a 730 family psychological evaluation and ordered Made Jati to cooperate in deposition. Her attorney in Bali Ida Bagus Wikantara then entered a declaration to the California court in which he advised his client not to cooperate with the court, stating “I do not want to run any risks… which might later cause difficulties in defending her in Indonesia. Therefore I advised my client to immediately return home to Indonesia.” Made Jati immediately fled California.
The Court then made the finding that Made Jati had abandoned her children, issued a Restraining Order against Made Jati, awarded complete legal and physical custody to Michael, ordered Made Jati to pay Child Support and other costs of USD 10,747.00 per month (California Court Decision I:77-85) In February 2010 the court issued an arrest warrant on 50 counts of criminal Contempt of Court. (OSC Contempt 11 Feb 2010 I:86) Made Jati rejected all court orders. Through the time of this report, Made Jati faces more than 100 counts of criminal contempt in the California Superior Court which could result in up to 300 days imprisonment. Unpaid Child Support payments now total over USD 600,000.00. (Notice of Deliquency I:87-91)
Upon her return to Bali, eleven months after the death threat, Made Jati reported Michael for Kidnapping at Polda Bali. Because International Child Abduction is a serious international criminal offense, it is appropriately handled with the help of Interpol for cooperative investigation with the Los Angeles Sheriff's Department and Indonesian Consulate General. However, Polda Bali never investigated openly, never contacted Interpol at Mabes Polri where Michael had already contacted Dadang Sutrasno to report the situation, and never summoned or contacted Michael. (Name Card Dadang Sutrasno and Suwartini Sukardi I:92) Although the report was never investigated, it was also apparently never closed from 2009 until present, four years after the death threat. Therefore, irregularities in the report and in investigation in Bali make it appear that Polda Bali is not treating the report as a true investigation, but is holding the report open as a threat in collusion with Made Jati to prevent Michael from returning to Bali.
Until this moment, Made Jati still refuses to meet or communicate with Sean or Brenden or Michael, and refuses to pay anything for the support, maintenance, health care, or education of their children.
(Complete Description in the Supplemental Report on Child Abandonment.)
Petition for Settlement:
Because Made Jati refused settlement, Michael petitioned for 50/50 division of family assets in the District Court of Denpasar on April 7, 2009. In response, Made Jati explained that she did not intend to help pay any living expenses for Sean and Brenden, that she rejected the Supreme Court ruling in the divorce and requested the District Court to reverse the Supreme Court decision, and that she rejected the California Superior Court ruling (Reply of Jati Made in Settlement Petition I:93-98).
In the hearing, Made Jati called witness Jean Lane, a U.S. citizen living in Indonesia and a prominent Made’s Angel, who testified that Made Jati was previously married, and that she and her first husband, an Australian named Michael McHugh, had started and held Uluwatu and Kori together before Made Jati’s marriage to Michael. These statements are untrue and Made Jati was not previously married. This testimony is suspected to be intentional Perjury with the purpose of misleading the Court about Made Jati’s marital status and assets. (Supplemental Report: Jean Lane)
Made Jati refused to submit to the court any documents pertaining to property or businesses or other assets, although under law both parties are obligated to truthfully disclose such assets. The court did not order Made Jati to submit evidence, but rather made the finding that in the absence of the original documents there was no proof of any family assets. Therefore the decisions of District Court and High Court provide a strong indication of further collusion with the Mafia of the Gods protecting the interests of Made Jati in Bali contrary to the proper application of Indonesian law.
Ida Bagus Wikantara:
Made Jati has a formal education through the fifth grade level, but the legal tactics over the life of this case show knowledge of law far greater than that possessed by Made Jati. From at least the time of the Accusation of Divorce in April 2005 until today, her lawyer Ida Bagus Wikantara SH has occupied a central position in the activities of all parties associated with Made Jati, and he has written official documents, met and negotiated with government officials and police, and advised actions in apparent violation of laws in California and Indonesia, including advising Made Jati to violate California Superior Court orders and abandon her children. Lawyers are entitled to advise and defend clients, but they do not have the right to assist and participate in unlawful acts or crimes. Wikantara’s actions apparently exceed the legal limits of attorney privilege. (Supplemental Report: Ida Bagus Wikantara)
Abuses of Jurisdiction Indicate Origin of the Marriage Fraud Plan:
The psychology behind Made Jati’s elaborate and relentless plans for fraud against her own family is difficult to understand, but we can follow the intent, planning, and process. (Timeline California and Bali, 1984-2011 I:99) Although the Bali police dismiss twenty years of acts and documents as if disconnected events, clearly, and especially from the perspective of California, the Bali police and others are active participants along with Made Jati, and together they demonstrate a consistent advance towards a goal.
With a limited understanding of law, Made Jati shaped her entire life and the fate of her family upon formalities of jurisdiction as if it were a magic formula allowing her to obscure status, establish multiple identities, confound legal authority, and impede investigations or rulings. A reading of Made Jati’s court declarations in Indonesia and California shows that she relies on peculiar arguments of jurisdiction hundreds of times, that her entire explanation of her behavior relies on her belief that she is legally multiple people in multiple jurisdictions and that U.S. law has no bearing or authority over citizens of Indonesia. (Supplemental Report: Made Jati’s Use of Jurisdiction. Also for example Reply of Made Jati in Action Contrary to Law I:96-104, and Decision of California Supreme Court I:84)
In fact, the documents show that the genesis of her plan extends from the beginning of the marriage based upon what Made Jati felt was a loophole in Indonesian law relating to jurisdiction: that according to Regulations Regarding Marriage No. 1, 1974, Chapter VII, Part Two, Article 56 (2), that in the case of a foreign marriage, “within one (1) year after a husband and wife return to the territory of Indonesia, the marriage must be registered at the Civil Records Office where they live.” Made Jati interpreted this to mean that a marriage occurring outside Indonesia is void and ended by automatic administrative divorce if not registered within 365 day of returning to Indonesia. In fact, registration is an administrative requirement, this fact is widely known in Indonesian law and is explained in Regulation No 1 itself, and the Supreme Court again so ruled in this case. (Supplemental Report on One Year and Final Decision of the Supreme Court of Indonesia, specifically I:66)
There exists a letter, written by Made Jati on 10 July 1984 while she was living with Michael in Los Angeles but fourteen months prior to the marriage, which provides insight to her purpose. (Detailed discussion of this letter and its origin and implications form the final chapter of Eleven Demons. Also I:105-115) In this letter Made Jati extends an ultimatum to another suitor, the Australian named Michael McHugh, demanding a legal marriage in Australia, which she explained was necessary to provide security for her future children. McHugh responded by refusing an Australian marriage but proposing a marriage in Bali, which Made Jati rejected. Fourteen months later, Made Jati married Michael in California.
Two years after the marriage, Made Jati and Michael moved to Indonesia. Made Jati did not register the California marriage, nor did she tell Michael that the marriage should be registered. Since she apparently believed that this would cause an automatic administrative divorce in Indonesia, she did not show the concern about the future of her children which had formed the entire basis of her ultimatum to McHugh three years earlier. Further, all Made Jati’s preparations starting in 1994 and all her arguments in the divorce emphasize that a marriage in Bali is a legal and binding marriage.
All subsequent events indicate that Made Jati’s true objective in her ultimatum to McHugh and her marriage to Michael was not security for her future children, but the acquisition of the foreign marriage itself, to be followed by a return to Indonesia in which she would not register the marriage within one year, while her foreign husband felt secure in placing businesses and properties in her name and she held the secret knowledge that the marriage was void in Indonesia.
Location of the Marriage Fraud Plan:
Made Jati’s first act contrary to law in the process of the marriage fraud was her acquisition of a certificate stating “Never Married” from the county of Tabanan, Bali, on 8 April 1986 which established a second identity in Tabanan while she was resident in California and despite her legal marriage occuring in California only six months earlier. (Certificate Unmarried from Tabanan 1986 I:55)
But an earlier and necessary initiating act of the plan was the marriage itself in California on 14 September 1985. The voiding of this marriage would become the focus of all Made Jati’s documents and ceremonies, starting with the 8 April 1986 “Never Married” certificate only six months after the wedding, and continuing through all the collusive witness testimonies, court decisions, police investigations, and other acts in Bali from the Accusation of Divorce in April 2005 to present.
And the earliest first indication of conception of the plan was the letter which Made Jati wrote in California on 10 July 1984 in which she attempted to put the plan into action with McHugh, and when that failed she did put the plan into action by marrying Michael in California in 1985.
Implementation of the plan then required a move to Bali. Made Jati failed to tell Michael of the requirement to register the California marriage, but she organized a Balinese marriage ceremony and acquired numerous documents with assistance of government officials in Tabanan and Denpasar, Bali, all intended to supplant the 1985 California marriage with a 1996 Bali marriage. Many if not all of these officials knew they were certifying fraudulent events because they have so testified to Bali police investigators (Supplemental Report: Admission to Polda Bali Investigators).
With her Accusation of Divorce in 2005, Made Jati attempted to unlawfully conceal or overturn the California marriage, falsify the birth status of two American children which would result in cancellation of their U.S. citizenships, and defraud her husband and children of their rights to family assets.
In doing so she received extensive assistance from judges, police, prosecutors, immigration officials as well as from Balinese and expatriate supporters, who all knew exactly the issues because both Michael and Made Jati clearly explained in numerous official documents and letters what was at stake. Nevertheless, judges, police, prosecutors and others in Bali supported Made Jati by issuing findings contrary to the laws and regulations of Indonesia.
The first decision of the District Court in Bali accepted Made Jati’s argument about the One Year requirement and voided the California marriage. This is widely known to be not in accord with Indonesian law, and the Supreme Court specifically overturned this ruling. Nevertheless, other courts, police, and prosecutors in Bali repeatedly accepted and used the same argument.
After Michael and the children were chased from Bali by the death threat, Made Jati also returned to California where she initiated a petition for custody in the California Supreme Court. She then fled California rather than cooperate in deposition, and she then filed motions and appeals to dismiss the ruling with the argument, again, that California lacks jurisdiction over Indonesian citizens (Supplemental Report: Made Jati Appeal) and since that time she has refused to leave the safety of Bali even to travel to Jakarta when summoned to see her children.
Therefore, while the Bali police dismiss Made Jati’s activities as separate actions in distinct jurisdictions, from California the purpose can be seen in its entirety as a plan in which not only Made Jati’s actions, but those also of the Mafia of the Gods and Made’s Angels are intended to assist in a crime conceived and initiated in California against U.S. citizens. Actions occurring in Indonesia were necessary and instrumental in achieving the goals of the crime, and the Mafia of the Gods were clearly aware that they were targeting U.S. citizens and they understood the nature of the crime because not only were the implications clear under Indonesian law, but both Made Jati and Michael frequently and clearly pointed out the issues and the stakes in all court and police documents.
Organization of Mafia of the Gods and Made’s Angels:
Existence of the Mafia of the Gods is clearly supported by extensive evidence of collusion by attorneys, courts, police, prosecutors, public officials and others in this case.
The existence of an organization called Made’s Angels is supported in a declaration by Made Jati to the Superior Court in California, in which she states “But for the overwhelming support that I have received from my family, friends and the Balinese community I would not have survived this ordeal. Attached hereto as EXHIBIT C are true and correct copies of only a handful of the numerous declarations which have been written on my behalf in the hopes that I will be able to see my children. There is now a special support group in Bali called Made's Angels made up of friends, associates and people from the community whose goal is for the truth of this matter to come out. (Supplemental Report: Made Jati, Declaration to California Superior Court, April 2008)
The first declaration in EXHIBIT C was an anonymous email sent around Bali addressed to “members of our community” in December 2007 which described the organization known as “Made’s Angels.”
Of course, the actual behavior of Made Jati, Made’s Angels, and the Mafia of the Gods is the exact opposite of the goal “for the truth of this matter to come out.”
Non-Material and Material Loss:
Police Report # 2 above was terminated with a police excuse of “no demonstrable evidence of a loss," but losses both non-material and material are clear:
Sean and Brenden’s non-material losses consist of destruction of their family and the psychological stress and horror of two children who were systematically defrauded by their own mother, heard their mother shriek that the father was no longer their legal father, heard their mother talk of plans to "finish" their father, received a death threat which their mother refused to discuss until they were forced to flee their home ahead of a Mafia of the Gods, were betrayed and abandoned by their mother until they had to beg the Superior Court of California for protection, lost the precious years of their childhood and youth which can never be regained and during which they could not enjoy a secure home or their rightful family property or go on vacations or buy clothing or other items such as enjoyed by their friends, and finally were forced to publicly beg through the National Commission for Child Protection in May and July 2011 for their mother to meet them and help not just with education costs and living expenses, but also with a mother’s love, only to have their pleas rejected by their mother.
Michael’s non-material losses include the stress and unhappiness of more than six years of struggle to protect himself and his children against the cruel plotting of his own wife, the person who under both God’s and man’s law is to be his closest helpmate in building a secure and happy life for their family, only to find himself betrayed and victimized by the person who should have been his most trusted friend in life but who instead motivated an entire corrupt organization or Mafia of the Gods to deprive him and children of their Human Rights for Equal Access to the Protection of the Law.
Michael, Sean and Brenden’s material losses include loss of family properties and income which are rightfully theirs to enjoy according to the laws of Indonesia, and these include two businesses, two houses, other properties, and money, as well as the costs incurred during six years of continual fighting against the Mafia of the Gods, as well as money ordered for Child Support and other debts by ruling of the California Superior Court but which Made Jati has refused to pay. (Supplemental Report of Losses)
Investigation by the Indonesian National Police:
In May 2011 Michael, Sean and Brenden travelled to Jakarta and requested the National Commission for Child Protection (KNPA) to summon Made Jati to come to Jakarta to meet her children and discuss their future. Made Jati refused to leave Bali. Michael, Sean and Brenden then reported the Uluwatu cases to the National Police of Indonesia (Mabes Polri) who promised to examine and reopen the six cases closed by the Bali Police.
In July 2011 Michael and Sean returned to Jakarta and the KNPA again summoned Made Jati and she again refused to come to Jakarta. Investigators at Mabes Polri assured Michael that the cases are under investigation, that the Chief of the National Police Criminal Investigations Unit (Kabareskrim) General Sutarman has taken a personal interest in this case, ordered the removal of the Director of Criminal Investigations (DirResKrim) in Denpasar, Bali, in early August, and has formed an investigation team to travel to Bali.
With Respect:
Thus is our explanation in this report. We are ready to add more detailed explanation at the request of investigators. Thank you for your help and your kind attention to our report. With regards - In Los Angeles, California, United States 23 August, 2011
___________________________________ Brenden Surya Donnelly
___________________________________ Sean Wayan Donnelly
___________________________________ Michael Patrick Donnelly
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