Category: Law

Adhi Karya v. SKS Listrik (Sinarmas)

On July 12, 2019, the Central Jakarta District Court registered a default lawsuit filed by PT Adhi Karya (Persero) Tbk (ADHI), state-owned EPC firm, against PT SKS Listrik Kalimantan. What’s interesting is that Adhi Karya demanded SKS Listrik to pay compensation amounted to over Rp19 billion. What happened?

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Verdict for Taufik Kurniawan

The Corruption Eradication Commission (KPK) named the Deputy Speaker of the House of Representatives one Taufik Kurniawan (PAN) a graft suspect for his alleged involvement in the case of corruption that has also brought down the Regent of Kebumen one Yahya Fuad back in the end of 2018. His trial began in March 2019 and revealed that Taufik allegedly received grafts not only from the Regent of Kebumen. After over three months of trial, the Panel of Judges finally declared Taufik guilty and sentenced him to 6 years imprisonment. Even though Taufik, senior politician from PAN, a political party led by opposition figure Amien Rais, is now a graft convict, it is very likely that he would still receive benefits from his position as deputy speaker of the House of the Representatives. Why continue wasting the State funds to pay someone who had stolen so much from the people?

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Golden Plantation and PKPU : Updates

This is one of casualties from weak crude palm oil (CPO) prices in recent years. We know that two subsidiaries of PT Golden Plantation Tbk (GOLL)—used to be subsidiary of the troubled TPS Food (AISA, where global investment firm KKR is an investor)—are tangled by debts and both companies have entered their period of Suspension of Debts Payment (PKPU) in March 2019. Other subsidiaries of the Company, meanwhile, received bankruptcy lawsuits, all filed by the same parties who filed the PKPU lawsuit. Lucky for GOLL all three bankruptcy lawsuit were withdrawn.

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Latest on the Dispute in TPS Food

It has been over two years since we were exposed to the internal dispute at PT Tiga Pilar Sejahtera Food Tbk (AISA), used to be a major rice miller. Before that, we witnessed how the Food Task Force (Satgas Pangan) raided one of the warehouses belonged to the Company’s subsidiary PT Indoberas Unggul on suspicion of fraud. Since then, officials of the subsidiary were convicted, the internal dispute are heated and developed into allegation of scheme of embezzlement and resulted in each parties claiming ownership of the Company.

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The Super Deductible Tax Incentive

By the end of June 2019, the Government issued the long-awaited amendment to the regulation on the Calculation of Taxable Income and Repayment of Income Tax. The Government Regulation (PP) No. 45/2019 revised the PP No. 94/2010, and changes the provisions of two articles and insert some additional articles. Although the changes are small, this change has been awaited by the industrial sector for a long time. The entrepreneurs welcomed the changes in the PP even though there were entrepreneurs who considered the PP is way too late. Nevertheless, the Government believes that the revision dubbed as the “super deductible tax” incentive will increase Indonesia’s competitiveness vis-a-vis neighbouring countries in attractive investments. Really?

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More on the Latest Sting Operation in Riau Islands

The Corruption Eradication Commission (KPK) had on July 10, 2019 conducted a Sting Operation, and this time the location of the operation was in the Riau Islands. News about the Sting Operation was known to the public before midnight, but actually the operation had been carried out since noon. On the night of July 11, 2019, the KPK announced the chronology of the case of alleged bribery and named suspects in the case including Riau Islands Governor one Nurdin Basirun. In addition to the case of alleged bribery, the KPK named Nurdin suspect in the case of alleged graft. This means the KPK believes Nurdin also received grafts from other parties apart from the parties giving him the bribes. 

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On the BLBI Graft Case : What’s Next?

On July 9, 2019 the Supreme Court surprised the nation by accepting and granting the cassation petition submitted by graft convict the former Chairman of the Indonesia’s Bank Restructuring Agency (BPPN) Syafruddin Arsyad “Syaf” Temenggung. Syaf, as we all know was found guilty by the Corruption Court of the Central Jakarta District Court for his involvement in the corruption scheme related to the disbursement of Bank Indonesia Liquidity Assistance (BLBI) to Bank Dagang Nasional Indonesia (BDNI). The verdict remains the same at the stage of appeal, but the Assembly of Cassation decided to release Syaf from all charges. Many have since encouraged the Corruption Eradication Commission (KPK) to file a Reconsideration (PK). The question now is, can the KPK file for a PK?

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Latest Sting Operation: Riau Islands

The Corruption Eradication Commission (KPK) conducted a sting operation on July 10, 2019 in the Riau Islands. The KPK reportedly arrested six people, including the Riau Islands Governor Nurdin Basirun. Nurdin is the third regional leader arrested under the suspicion of graft this year. And he’s the third regional head from Nasdem that the KPK has arrested in the past two years. Not only that, Nurdin is the sixth Governor arrested by the KPK in the last five years.

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Latest on Krakatau Steel Graft Case 

Within less than three months since the sting operation, Corruption Eradication Commission (KPK) had finished compiling the dockets of the suspects in the case of alleged bribery related to projects in PT Krakatau Steel (Persero) Tbk (KRAS). The dockets of the bribers were expedited to the Corruption Court at the Central Jakarta District Court and their trials began on June 12, 2019. In the latest hearing held this week, several witnesses were present and explained the flow of funds between the parties.  

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Latest on Pelita Cengkareng v. Molucca Holdings 

Over a year ago the public were exposed to the dispute between Luxembourg’s Molucca Holdings S.à.r.l and PT Pelita Cengkareng Paper. Since then the parties continued exchanging lawsuits. We recently learned that the last lawsuit was in the stage of mediation; the mediation failed. PT Pelita Cengkareng Paper filed a new lawsuit immediately after the mediation broke down. The paper manufacturing company listed an additional defendant in the new lawsuit, i.e., Macquarie Capital Hong Kong Limited.

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On the Hulu Sungai Tengah Case : Money Laundering

The Corruption Eradication Commission (KPK) uncovered the case of corruption in the regency of Hulu Sungai Tengah, South Kalimantan, in the first month of 2018 during a Sting Operation which ensnared several people including the Regent Abdul Latif. By the end of the same year, the suspects were convicted. But the KPK developed the investigation and named Abdul Latif, a suspect in the case of money laundering. The investigation and inquisition continue to this day. 

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On the BLBI Graft Case : Surprise from the Supreme Court 

On April 24, 2017, the Corruption Eradication Commission (KPK) 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 “Syaf” Temenggung, who is also a suspect of another graft case implicating PT Victoria Securities International. In January 2019, Syaf was convicted to 15 years imprisonment after the Jakarta High Court aggravated the sentences previously given by the Corruption Court at the Central Jakarta District Court. Syaf refused to accept the verdict and filed a cassation. On July 9, 2019, the Panel of Cassation decided to release Syaf from the charges. Now that Syaf is released, what should we expect?

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