Category: Law

The UnHolywings

Less than two weeks ago a controversial promotional poster appeared on social media. Holywings, a business group that carries the concept of a bar, pub and restaurant, provides free liquor for its visitors named “Muhammad” and “Maria”. In a country that respects religion above all things, this promotion is considered insulting to two religions at once. Who would have guessed, this poster became an entry point for many parties to bring down Holywings, who has often been associated with the notorious advocate, Hotman Paris Hutapea.

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New Provinces and the Future of Papua

At mid-day of Thursday, June 30, 2021, the House of Representatives approved three Bills related to the New Autonomous Region (DOB) in Papua. With this decision, there are now five provinces on the island of Papua and 37 provinces throughout Indonesia. However, this decision was accompanied by various rejections and new problems.

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The AGO v. Duta Palma

Since being led by ST Burhanuddin, the Attorney General’s Office (AGO) has often appeared before the public with announcements of investigations into alleged corruption cases that have been handled by the Corruption Eradication Commission (KPK). Apart from investigating cases related to Garuda Indonesia, this week AGO announced an investigation into the case related to the Duta Palma, a plantation business group controlled by KPK fugitive, Surya Darmadi.

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Latest on Corruption in Garuda Indonesia 

Earlier this year, the Minister of State-Owned Enterprises (BUMN), Erick Thohir, approached the Attorney General’s Office (AGO) with a report on allegations of corruption in PT Garuda Indonesia (Persero) Tbk. The report mentions known allegations, the details of which were mentioned in the trial of Garuda Indonesia’s former President Director, Emirsyah Satar. We have been reporting on the case since 2017. Apparently, the AGO has been investigating the case since November 2021 and is not limited to the allegations Minister Erick had reported. In February 2022, the AGO have already named two suspects. A month later, there are three suspects in the case. This week, the AGO announced two new suspects in the case, including Emir Satar.

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Tantular v. Kamadjaja, Again

Another interesting lawsuit was registered to the South Jakarta District Court last week. The one being sued is one Antonius Vidi Kamadjaja. The one seeking Anton’s liability is the notorious Robert Tantular (former owner of Bank Century/now Bank J Trust). This is the third lawsuit Robert filed against Anton within less than two years at two different courts.

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The Cooking Oil Hullabaloo 

After months into the shortage of cooking oil in the market, two months ago, the Attorney General’s Office (AGO) announced that they had commenced investigation into allegations of corruption at the root of the problem. By May, the AGO had named several suspects, and two weeks ago the President decided to dismiss the Minister of Trade, M Lutfi, after serving for less than two years. Several days ago, Lutfi was examined by the AGO, while his replacement, Zulkifli Hasan, is trying to fill in the gaps.

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Latest on the Voluntary Disclosure Program (PPS)

Law No. 7/2021 on the Harmonization of Tax Regulations (UU HPP) brings many bold changes in the field of taxation. One of the most anticipated issues regulated in the Law is the Voluntary Disclosure Program (PPS). The PPS program has been dubbed the second volume of Tax Amnesty, although this time the Government did not set any targets. The implementation of the program continues far from the spotlight, and will end in seven days.

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Fixing the Problematic Law on Job Creation : Law No. 13/2022

Towards the end of last year, the Constitutional Court made a historic decision. With four dissenting opinions, the Assembly of Justices ruled that the process of establishing Law No. 11/2020 concerning Job Creation is formally flawed. This is the first time in Indonesia’s judicial history that the Assembly has granted a judicial review application related to the formal aspects of a law. The Government has two years to fix all the problems, and as expected, the first thing that was corrected was the Law on the Establishment of Legislation. Last week, Law No.  13/2022 was promulgated, amending the provisions of Law No. 12/2011.

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PKPU for Pertamina Foundation, Again

No one has ever benefited from a corruption case other than those who committed the crime. The convicts can still enjoy happy days in prison and continue to live rich after completing their sentences, but the parties who are taken advantage of may never get their rights. The clearest example is what happened in the Pertamina Foundation. Over six years after the case came to light, several volunteers are still trying to get their due. In the last two years, they tried to force the foundation with a lawsuit on Suspension of Debt Payment (PKPU). Last week, the latest lawsuit was registered. 

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More on the BLBI Scandal : The Harjonos and others

The Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI), a Task Force under Minister of Finance Sri Mulyani Indrawati’s supervision, strikes again. We know that the Satgas BLBI is attempting to recover funds from some businessmen related to the 1997-1998 financial crisis. After successfully confiscated assets related to Trijono Gondokusumo last week, this week the Satgas commenced another confiscation on assets related to Setiawan and Hendrawan Harjono of Bank Aspac.

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Latest on the BLBI Scandal: Gondokusumo et al

Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (BLBI), a task force under Minister of Finance Sri Mulyani Indrawati’s supervision to recover funds from some businessmen related to 1997-1998 financial crisis, continue giving pressures. The task force, established by President Joko Widodo through President Decree No. 6/2021, seeks to recover Rp4.89 trillion from Trijono Gondokusumo, former shareholder of PT Bank Putra Surya Perkasa (PSP), and Rp822 billion from Suyanto Gondokusumo (former owner of Bank Dharmala). Last week, the task force decided to confiscate a huge plot of land in Bogor supposedly related with Trijono. Interestingly, although several obligors decided to challenge the task force through legal measures, until now there has been no resistance from the Gondokusumo family.

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Peace for Garuda Indonesia

State-Owned airlines PT Garuda Indonesia (Persero) Tbk, which has been in constant trouble for the past three years, will finally be able to breathe a little easier after the majority of its creditors approved the peace proposal they offered in the debt restructuring process (PKPU). However, there was a small obstacle that delayed the promulgation of the peace agreement by the Panel of Judges.

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