Category: Law

A New AGO Investigation

Last week, news emerged that the Attorney General’s Office (AGO) was investigating the share swap agreement between PT Telekomunikasi Indonesia (Persero) Tbk (TLKM), through its subsidiary PT Dayamitra Telekomunikasi (Mitratel), with PT Tower Bersama Infrastructure (Tbk) (TBIG). What’s going on?

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Law Journal

The Bandung-based textile company PT Mimi Kids Garmindo entered their PKPU period back in November 2017. They were not able to resolve their dispute with their creditors and was deemed bankrupt on June 5, 2018. A week later the team of curators announced the next steps in the bankruptcy process. Around the same time, the Central Jakarta District Court registered a lawsuit filed by PT Surya Indotim Imex, a gas supplier Company, against Singapore-based CS Eurasia Leasing SEA Pte Ltd.

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Avanti Communications v. Government of Indonesia

Several days ago Avanti Communications Limited, subsidiary of UK-based Avanti Communications Group Plc (LSE: AVN), announced on its official website that the Company had won the arbitration against Indonesia’s Ministry of Defence. The dispute they brought to court is related to the lease of the Company’s ARTEMIS satellite and the court ordered the Ministry to pay over US$20 million.

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Corruption Journal

The trials of the suspects arrested by the Corruption Eradication Commission (KPK) continues. The latest trials are the trial of Wilhelmus Iwan Ulumbu, president director of PT Sinar 99 Permai (S99P), who allegedly bribed the Regent of Ngada in East Nusa Tenggara one Marianus Sae; trial of Mayor of Malang Moch. Anton; and the trial of one Inna Silestyowati, who allegedly bribed Regent of Jombang Nyono Suharli Wihandoko.

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More on Bank Mandiri’s Credit Facility Case

A year has passed since the Attorney General’s Office (AGO) announced their investigation into the irregularities in Bank Mandiri’s issuance of a credit facility to PT Tirta Amarta Bottling. At the time, the investigation which commenced after Bank Mandiri asked for assistance from the AGO, recorded an estimated losses sustained by the State at a little over Rp1 trillion. Bank Mandiri and the Company have built their relationship since 2008 and Bank Mandiri stated that the relationship with the Company went smoothly from the beginning, but something strange happened between the 2015-2016 fiscal year, so that the Bank begin to build coordination with the AGO.

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Law Journal

The dispute between two mining and palm oil conglomerate in Pulau Laut, South Kalimantan recently expanded to an unexpected event. PT Multi Sarana Agro Mandiri (MSAM) controlled by Haji Isam filed a police report against one M. Yusuf, a journalist. Yusuf was quickly named a suspect of defamation for writing provocative articles related to the company’s conflict with the people. The police’s decision was questioned. Several days ago, Yusuf died in custody. In addition to having to face said situation. Sawit Watch filed a complaint against MSAM to the Ministry of Environment and Forestry. In a separate case, PT BFI Finance Tbk (BFIN) recently submitted their application to be an intervention defendant in the lawsuit filed by PT Aryaputra Teguhartha to the State Administrative Court.

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Indonesia National Single Window

President Joko “Jokowi” Widodo signed a Presidential Regulation (Perpres) No. 44/2018 on Indonesia National Single Window (INSW) on May 31, 2018, and although the copy of the Perpres is yet to be published officially, the Government has provided the summary. Overall, the system is led by the Coordinating Ministry for Economic Affairs (Kemenko) and will integrate data and information related to the business world in the country. But for the next few months, Kemenko may have to work harder because in addition to carrying out the INSW system, its human resources is also required to run the Online Single Submission (OSS) system, while waiting for the readiness of the Investment Coordinating Board (BKPM) to take over.

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Bill on Water Resources

Three years ago the Constitutional Court through decision No. 85/PUU-XI/2013 granted the Judicial Review on Law No. 7/2004 on Water Resources and ruled the Law unconstitutional. To avoid legal vacuum, the Court ordered the re-enactment of Law No. 11/1974 on Irrigation, but this is not enough

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More Sting Operations

The fasting month has not slowed down the Corruption Eradication Commission (KPK). Two days after their investigators arrested the Regent of Purbalingga, the KPK conducted two more Sting Operations simultaneously in two municipalities in East Java. 

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Law Journal: Victory for Sebuku Group, and Edward Soeryadjaya’s Trial

The dispute between Sebuku Group and the Governor of South Kalimantan reached the finish line on June 7, 2018, after the Banjarmasin State Administrative Court (PTUN Banjarmasin) decided in favor of the group and granted three lawsuits they had filed previously. But the dispute will not end soon because the provincial government immediately said they would appeal against the verdicts. Separately in Jakarta, the Corruption Court of the Central Jakarta District Court once again arrived at an odd decision, i.e., to continue the trial of Edward Soeryadjaya, even though he won the pre-trial lawsuit with the Attorney General’s Office required to stop the inquisition as a result.

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Corruption Journal

The trials of the Manado High Court bribery suspects ended on June 6, 2018. The Panel of Judges of the Corruption Court of the Central Jakarta District Court deemed both defendants guilty of all charges. Meanwhile, the Corruption Eradication Commission (KPK) began the week by summoning politicians and other parties previously mentioned in connection to the procurement of electronic identity card (E-KTP) graft case. 

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