Category: Law

Corruption Journal: Setya Novanto and Siti Masitha Soeparno’s Verdict

The Corruption Court at the Central Jakarta District Court read their verdict for Setya Novanto on April 24, 2018. Setya Novanto, who many believe to be the mastermind of the E-KTP graft case, was found guilty of all charges and sentenced to 15 years imprisonment. Separately, the disgraced Mayor of Tegal Siti Masitha “Sitha” Soeparno (Golkar), who was caught in a Sting Operation back in August 2017, was handed a punishment that is lighter compared to the punishment demanded by the prosecutors demands. The Panel of Judges of the Corruption Court at the Semarang District Court also dismissed the prosecutors’ demand to revoke Sitha’s political rights. Some evidence in the trial were disregarded.

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The Judicial Review on Toll Road Concession

Two civil servants—one Moh. Taufik Makarao and one Abdul Rahman Sabaro—filed a Judicial Review application to challenge the constitutionality of Art. 50 paragraph (6) of Law No. 38/2004 on Road. The article is deemed problematic for it provides no clarity on the duration of toll road concession management by any party other than the Government, thus resulting in constitutional impairment not only for the people but also for the State. The examination of this petition is still ongoing and whether it is coincidental or not, the petition was filed nearly at the same time with the Government’s announcement of its wish to extend the concession period for toll road management.

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More on the Jakarta Bay Reclamation Disputes

As we all know, the buyers of the properties built by PT Kapuk Naga Indah (a subsidiary of Agung Sedayu Group), and PT Muara Wisesa Samudera, the subsidiary of PT Agung Podomoro Land Tbk (APLN), have been seeking for justice with regards to the uncertain fate of their purchased property in the Jakarta Bay reclamation islands. Recently, the Coalition to Save the Bay of Jakarta (Koalisi Selamatkan Teluk Jakarta, KSTJ) adds more to the drama by filing a lawsuit related to the case, but their target is the government.

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More from the Bank Century Case

On April 9, 2018, the South Jakarta District Court read a surprising verdict in response to a pre-trial lawsuit filed by Masyarakat Anti Korupsi Indonesia (MAKI) lead by one Boyamin Saiman. MAKI demanded the court to force the Corruption Eradication Commission (KPK) to continue their investigation into the the Bank Century bailout case and that’s exactly what they get. On top of that, the sole presiding judge Judge Effendi Mukhtar ordered the KPK to name new suspects in the case. This is an unusual verdict in a pre-trial proceeding. Earlier this week, however, the Supreme Court published the minutes of the Supreme Court Leader’s Meeting, in which it is noted that Judge Effendi Mukhtar has been transferred to the Jambi District Court, which have a lower classification if compared to the South Jakarta District Court.

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Freeport’s Water Tax Dispute with the Papua Government

The Papua Provincial Government have been attempting to collect PT Freeport Indonesia’s tax arrears including its fine for four fiscal years (2011-2015). Freeport is required to pay this tax because the Papua Government claims that Freeport uses water in the Ajkwa river to withstand its tailings deposits (mining residue). Freeport, meanwhile, questioned the Decree of Regional Tax for Surface Water Tax (SKPD PAP) No. 973/1783 dated October 8, 2014. So the tax dispute was brought to the Tax Court. At the beginning of last year, the Tax Court sided with the Papua Government. But in April 2017, Freeport filed for a Reconsideration at the Supreme Court on the grounds that the tax regulation used by the Papua Government could not be applied to Freeport who operates under the Working Contract (KK). The Supreme Court sided with Freeport.

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The KPK in Southeast Sulawesi

On April 18, 2018, the Corruption Eradication Commission (KPK)’s Coordination and Supervision Unit (Korsup) visited Southeast Sulawesi to work on a coordination matter with the local police. This is in line with the KPK’s increased footprint in the regions. KPK Spokesperson Febri Diansyah said that the KPK and the police discussed corruption cases that have been under investigation since 2010, reaching more than 80 cases. Febri said that the investigation into said cases has gone smoothly, even though the investigation into 14 cases has gone to a halt. Febri did not mention the details of the 14 cases, but he did speak of 2 cases—of corruption in the implementation of road works in Baubau city and corruption related to forest timber products in Asinua Jaya village, Abuki sub-district in Konawe.

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On Gatot Pujo Nugroho’s Graft Case: The Shah Family

The Corruption Eradication Commission (KPK) continue to examine the case of bribery involving the disgraced Governor of North Sumatera Gatot Pujo Nugroho. Last weekend, the KPK questioned Governor Tengku Erry Nuradi (Nasdem), and Musa Rajek Shah (familiarly known as Ijeck), who is a vice governor candidate (the running mate of Edy Rahmayadi) in the upcoming 2018 regional election.

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Corruption Journal

The former Director General of Sea Transportation Antonius Tonny Budiono, who was caught back in August 2017 after receiving a bribe from the Commissioner of PT Adhiguna Keruktama (AGK) Adiputra Kurniawan, listened to the prosecutor’s demands on April 19, 2018. Lucky for him, the Corruption Eradication Commission (KPK) decided to accept his proposal to be a Justice Collaborator. In a separate case case, Irman and Sugiharto, the two first convicts in the E-KTP graft case, must accept a more severe sentencing after the KPK’s cassation backfired.  

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Law Journal: Jakarta Bay Reclamation Case, and Andi Narogong’s Appeal

We know that the Corruption Eradication Commission (KPK) have been investigating the Jakarta Bay Reclamation project for over a year now, and all suspects ensnared have been convicted. In November 2017, however, the Jakarta Metropolitan Police (Polda Metro Jaya) announced that they’re also investigating a similar allegation of graft concerning the Jakarta Bay Reclamation project, albeit related to a different matter, i.e., the process of determining the Value of Object of Tax (NJOP) on the new islands. The police reportedly examined three ministers related to the investigation last month. In a different case, the Jakarta High Court decided to aggravate the punishment for Andi Agustinus a.k.a Andi Narogong, a key person the the E-KTP graft case, ignoring his status as a Justice Collaborator.

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Update on the Seizure of Jho Low’s Equanimity

In February 2018, the National Police, with the help of Bali Regional Police, seized “The Equanimity”, a luxury yacht reportedly owned by Jho Low, a Malaysian businessman implicated in the 1MDB scandal. Several weeks after the seizure, Equanimity (Cayman) Limited, the owner of the vessel, filed a pre-trial petition at the South Jakarta District Court, questioning the legality of the forfeiture. Represented by Andi Simangunsong, the Company mentioned several regulations that the police should have obeyed but had failed to do so, and therefore, the seizure must be considered invalid. The sole presiding judge of the pre-trial agreed, and ruled in favor of Equanimity (Cayman) Limited.

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Corruption Journal: Back-to-Back Examinations

The Corruption Eradication Commission (KPK) have proven their commitment to working hard. Over the past two weeks, the KPK has continued to examine witnesses who are considered acquainted with the details of several corruption cases, among which are the case that brought down the Governor of Jambi Zumi Zola, corruption in Garuda Indonesia, and Gatot Pujo Nugroho’s graft case.

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