Category: Law

Miryam’s Pre-Trial and Allegations

Miryam S. Haryani, the Hanura politician and former member of the House Commission II of the House of Representatives, was named as a suspect of perjury on April 5, 2017. Miryam filed a pre-trial lawsuit and claimed that the KPK had no legal basis to investigate her on perjury. On May 23, 2017, the South Jakarta District Court decided in favor of the Corruption Eradication Commission (KPK) and Miryam’s status as a suspect was upheld.

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More on Sandipala Arthaputra and the E-KTP Graft Case

Last week, Paulus Tannos, the director of PT Sandipala Arthaputra and the key person in the trial of the electronic identity cards (E-KTP) graft suspects, gave his testimony via teleconference. Paulus chose attendance via teleconference out of fear for his and his family’s safety. What did Paulus say in the trial?

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Tehate Putra Tunggal Escaped Bankruptcy

PT Tehate Putra Tunggal (a partner of PT Perusahaan Listrik Negara (PLN)), and its subsidiary PT Trimanten Gemilang has escaped bankruptcy after they were able to resolve their period of Suspension of Debts Payments (PKPU) peacefully. All of the Company’s creditors agreed to accept the former’s peace proposal and the result was promulgated on May 17, 2017.

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Sandipala Arthaputra v. STMicroelectronics Asia Pacific Pte Ltd and others (Part II)

The heart of the dispute between PT Sandipala Arthaputra and Oxel Systems Pte Ltd is an agreement both parties had entered into. The Singapore High Court’s judgement document explains that between October 2011 and early November 2011, Paulus Tannos had several meetings with Andi Winata. On around November 9, 2011, against all odds, Sandipala entered into an agreement with Oxel under which Oxel agreed to supply 100m chips described as “ST-Micro ST23YR12AW0NPACA”. These are ST23YR12 chips encoded with Oxel’s proprietary PAC software for the chip’s operating system. The PAC operating system was owned by one of Oxel’s suppliers, Logii Inc. Sandipala and Paulus claimed that they had been induced into contracting for the supply of chips that could not be used to produce the E-KTP Cards, or which could not be used without changes to the E-KTP system as a whole. According to Sandipala, the PNRI Consortium, through Quadra and its sub-contractor, Softorb, contracted with ST-AP to supply 100,000 pieces of electronic chips for use in the tender evaluation. Sandipala also claims that Oxel has breached its duty of care by:

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Sandipala Arthaputra v. STMicroelectronics Asia Pacific Pte Ltd and others (Part I)

On May 16, 2017, the Singapore High Court published a judgement on the dispute between PT Sandipala Arthaputra—one of the members of the consortium once involved in the the procurement of Indonesia’s electronic identity card (E-KTP)—, STMicroelectronics Asia Pacific Pte Ltd, and Oxel Systems Pte Ltd. The dispute is related to damages for breach of contract, fraud and deceit, tort, including negligence.

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Taxation Journal: Perppu No. 1/2017 (Part II)

The Government Regulation in Lieu of Law (Perppu) No. 1/2017 was signed by the President on May 8, 2017 and thus promulgated. The Perppu provides the terms regarding Access to Financial Information for Taxation Purposes. We have previously discussed the obligations tax authorities in implementing the Perppu, but the Perppu also provides protection for the authorities.

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Taxation Journal: Perppu No. 1/2017 (Part I)

The Government published the new law to regulate Tax Information Exchange Agreement or Automatic Exchange of Financial Account Information (AEoI). The regulation is the Government Regulation in Lieu of Law (Perppu) No. 1/2017 regarding Access to Financial Information for Taxation Purposes. What are the important things set out in this Perppu?

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Update on the Bakamla Graft Case: Missing Mastermind

The trial of the suspects in the Maritime Security Agency (Bakamla) graft scandal continues. Last week, the Corruption Court of the Central Jakarta District Court listened to the demands of the public prosecutors for the three of the bribers, i.e., Fahmi Darmawansyah, Muhammad Adami Okta and Hardy Stefanus. The public prosecutors believe the three defendants are guilty of bribing four officials of Bakamla. This week, the three defendants read their plea. However, something is missing: the mastermind of the case.

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Jokowi’s Agrarian Reform

All Indonesian presidents after Soeharto talked about the importance of land reform as key component of agrarian reform. In fact, MPR, the highest legislative body in Indonesia, demanded land reform through its decree 16 years ago. National Land Agency (BPN) once claimed that President SBY, who led the country in 2004-2014, succeeded in executing the program, but most believe he did nothing. SBY’s successor Joko ‘Jokowi’ Widodo looks more aggressive.

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Revisiting Bank Indonesia Liquidity Assistance (BLBI) II

In the previous article we have briefly revisit the background of the case of alleged corruption related to the Bank Indonesia Liquidity Assistance (BLBI). What interesting is not the fact that KPK had only focused on the involvement of third parties but because there were other more important questions regarding legal irrelevance and irregularities which should be answered.

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Revisiting Bank Indonesia Liquidity Assistance (BLBI) I

On April 24, 2017, the Corruption Eradication Commission (KPK) finally named a suspect in the Bank Indonesia Liquidity Assistance (BLBI) graft case. The suspect is the former Chairman of the Indonesia’s Bank Restructuring Agency (BPPN) Syafruddin Arsyad Temenggung, who is also a suspect on another graft caseimplicating PT Victoria Securities International. Since the beginning of the investigation into the case, the KPK had emphasized that their BLBI investigation is different from the investigation conducted by the Attorney General’s Office (AGO).

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On the E-KTP Graft Case: Miryam’s Pre-Trial

The Corruption Eradication Commission (KPK) recently began investigatng Miryam S. Haryani, the former member of the House Commission II of the House of Representatives (Hanura), for perjury. But Miryam decided to fight back and filed for a pre-trial. On May 15, 2017, the first hearing of the pre-trial was held.

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