Category: Law

On the Battle against Perpetrators of Forest Fires: Riau

President Joko “Jokowi” Widodo recently visited Riau to check on the forest fires that had ravaged parts of the province. When the President came, the Governor of Riau was abroad. This led to student protests demanding local government responsibility. Near the end of last week, the Riau regional police and the Ministry of Environment and Forestry reported their results in the handling of the forest fires in Riau.

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On the Land Bill 

The last time we reported on the Land Bill was on October 23, 2018. At the time, the President held a closed cabinet meeting and discussed the continuation of the deliberation of the Land Bill. The Bill, as we all know, was included in the National Legislative Program (Prolegnas) in 2015. A draft exists, and the Government had submitted a problem inventory (DIM) on said draft to the House of Representatives at the end of 2017. Government ministries responsible for agrarian issues are supposedly unable to agree on some matters, and hence the deliberation of the Bill has been delayed. The ministries had supposedly found common ground in 2018, but well, since then nothing happened. Now, amid social unrest caused by the plan to promulgate the controversial Bill on Criminal Code, after the promulgation of Bill to revise the Law on Corruption Eradication Commission (KPK), the Government and the House of Representatives reportedly will also promulgate the Land Bill. But a lot of parties voiced their disagreement stating that there are a lot of issues that still need further discussion. 

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Update on the E-KTP Graft Case: Markus Nari’s Trial 

The trial of Markus Nari, the latest defendant in the Electronic Identity Card (E-KTP) procurement graft case, continues. Markus previously objected to the prosecutor’s indictment, stating that the prosecutors had used the wrong articles in the charges. That said, the Panel of Judges rejected the objection and decided to continue the proceedings. The latest hearing was held on September 18, 2019. 

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KPPU Journal

This week, the Business Competition Supervisory Commission (KPPU) continues examining several companies who did not submit their notification of acquisition on time. Some of the companies examined are related to each other. Also, the KPPU finally held the first hearing of the trial into the allegations of cartel practices in ticket rates and cargo transportation in the national aviation industry.

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On the Battle against Perpetrators of Forest Fires: West Kalimantan 

President Joko “Jokowi” Widodo flew to Riau on September 16, 2019. He led a meeting where he expressed his disappointment in the handling of forest fires. The President had instructed his underlings to focus on fire management since the beginning of the year, and yet we’re still struggling with forest fires. His threats and instructions seemed useless. When the President came to Riau, the Governor was abroad. It was a mess. Compare that to the handling of forest fires in West Kalimantan. The Governor of West Kalimantan is the only head of region who has been routinely providing information on forest fires in his province. He also directly led various activities to stop forest fires.

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Suspect Minister of Youth and Sports

The Corruption Eradication Commission (KPK) has announced the development of their investigation into the case of bribery involving officials of the Ministry of Youth and Sports and the Indonesian National Sports Committee (KONI). The KPK named two new suspects, including the Minister of Youth and Sports Imam Nahrawi. Imam is the representative of National Awakening Party (PKB) in the cabinet and the second minister of Jokowi’s cabinet ensnared by the KPK. 

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The Revised KPK Law

The long-awaited amendment to the Law on Corruption Eradication Commission (KPK) was promulgated yesterday, September 17, 2019. The discussion on the amendment was finalized within less than three weeks despite the strong rejection of many. A lot of people questioned the fast and discreet discussion, but we are not so surprised because the plan to revise the Law was listed in the 2015-2019 National Legislation Program. 

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The New Law on Water Resources

The wait is over. On September 17, 2019, after three years of back and forth, the House of Representatives and the Government finally agreed to promulgate the Bill on Water Resources into Law. As such, the Law No. 11/1974 on Irrigation is declared no longer valid.

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Sushi-Tei Indonesia v. Kusnadi Rahardja : Trademark Battle

The dispute between Kusnadi Rahardja (the founder of Boga Group) and Sushi-Tei Indonesia continues. On September 16, 2019, the first hearing on the latest lawsuit filed by Sushi-Tei was held by the Commercial Court of the Central Jakarta District Court. We have learned more on the dispute from the Company’s legal counsel. 

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Aviation Cartel

The examination into the allegations of cartel practices related to soaring ticket rates and cargo transportation in the national aviation industry has been completed. The Business Competition Supervisory Commission (KPPU) was to begin its trial last week, but it was postponed to today, September 17, 2019.

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Update on the Battle against Perpetrators of Forest Fires 

Despite the Government’s efforts to end forest fires, the situation in several affected regions has not improved. The police conducted their investigations and have named over 170 suspects. Meanwhile, the Ministry of Environment and Forestry also conducted their investigations, but what they have done so far is not satisfying that the people demand more. On September 14, 2019, the Ministry held a press conference to announce the latest status of their investigation. They revealed that in addition to sealing over 40 concessions, the Ministry also sealed several concessions owned by companies funded by foreign investment from Singapore and Malaysia. 

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PKPU Lawsuit against Odira Energy Karang Agung

Last week, the Commercial Court of the Central Jakarta District Court registered a lawsuit for Suspension of Debts Payment (PKPU) filed against PT Odira Energy Karang Agung (OEKA). We have not heard much about the Company since the news of its acquisition by PT Ratu Prabu Tbk (ARTI) made headlines in 2015. That said, what we heard in the past year was not good news. Since 2017, the Company has had to face dozens of lawsuits, eight of which were registered in 2019. 

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