Category: Law

Supreme Court & Reduction of Punishment for Graft Convicts

The Supreme Court decided to grant the Reconsideration (PK) petition submitted by former member of the House Commission V of the House of Representatives, one Musa Zainuddin (PKB). Musa is one of the dozens of convicts in the Trans-Seram corruption case. Musa was previously sentenced to nine years in prison, but Musa only needs to serve six years with the recent Supreme Court decision. This decision adds to the length of the list of Supreme Court decisions alleviating graft convicts’ punishment.

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On Corruption in South Solok 

We know that the current leaders of the Corruption Eradication Commission (KPK) are keen to resolve incomplete cases, among which is the case of corruption in South Solok, West Sumatera. The said case brought down the then regent of South Solok Muzni Zakaria. On Sep. 16, 2020, the prosecutors read their demands for Muzni. Muzni still insists that he is not guilty. 

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On Fertilizer Distribution’s Case : The Important Trial

Over a year ago, the Corruption Eradication Commission (KPK) uncovered a bribery case involving Bowo Sidik Pangarso (who at the time was a member of the Commission VI of the House of Representatives representing Golkar). Soon, its investigation uncovered more allegations of crimes. Bowo allegedly received over Rp10 billion in grafts from several parties. On December 4, 2019, Bowo was declared guilty though the trial failed to summon some of the names Bowo mentioned. We had to wait more than half a year before the KPK could complete the docket of the most important suspect in the case: then Director of PT Humpuss Transportasi Kimia (PT HTK) one Taufik Agustono, who is supposedly the mastermind of the case. On Sep. 16, 2020, Taufik’s trial began.

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Latest on the Muara Enim Graft Case

In September 2019, the Corruption Eradication Commission (KPK) uncovered corruption in Muara Enim. It brought down the Regent of Muara Enim one Ahmad Yani (Demokrat) and several other people, including the Chairman of DPRD one Aries HB (PDIP). Ahmad Yani was convicted in May 2020, while the trial of Aries HB has only started recently. The prosecutors read their indictment in the online hearing held on September 14, 2020. The Corruption Court of the Palembang District Court is the institution responsible for examining the case. 

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On the Corruption in Sidoarjo: Prosecution Demands

The Corruption Eradication Commission (KPK) entered the year 2020 by conducting a sting operation in Sidoarjo, East Java. It uncovered a case involving the then Regent of Sidoarjo Saiful Ilah (PKB). Six suspects, including Saiful Ilah, were named. The bribers were convicted five months later and, on June 3, 2020, the trial of Saiful began simultaneously with the trial of three other bribees. The Corruption Court of the Surabaya District Court is responsible for examining the cases. By September 14, 2020, the KPK read its demands for the defendants.

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COVID-19 Outbreak:  National Economic Recovery Program (5)

The Government continues to focus on economic recovery following the impact of COVID-19. The It issued Government Regulation (PP) No. 43/2020, which amended the PP No. 23/2020 back in August 2020. In the regulation, President Joko “Jokowi” Widodo notes that regional governments could submit a loan proposal to the Minister of Finance to support the economic recovery program—a copy of the proposal must be submitted to the Minister of Home Affairs. Reportedly 23 regional governments have officially submitted such a proposal via the Ministry of Home Affairs. 

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Changing the Provisional Posture of the RAPBN 2021

Towards the end of last week, the Budgeting Committee (Banggar) of the House of Representatives, together with the Government, agreed on several changes in the provisional posture of the 2021 State Budget Draft (2021 RAPBN). One of the results of the discussion of the Working Committee (Panja) A is the addition of spending reserves for the National Economic Recovery (PEN) program. 

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Questioning the Supreme Court’s Cassation and Reconsideration Process

On September 9, 2020, the Constitutional Court held a preliminary hearing in the trial for judicial review of Law No. 14/1985 concerning the Supreme Court, which was last amended by Law No. 3/2009 and Law No. 48/2009 concerning Judicial Powers. The petition was submitted by a citizen named Punto Wibisono, who claimed that his constitutional rights had been impaired due to the closed cassation process at the Supreme Court. Through his legal counsel, Wibisono also questioned the Law, limiting the Reconsideration effort to a single submission.

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On Riau Forest Conversion Case: Surprising Decision

In April 2019, after three years of investigation into bribery related to the conversion of forest land in Riau and the verdicts became legally binding, the Corruption Eradication Commission (KPK) announced new suspects in the case. Among them were corporate suspect PT Palma Satu and its owner Surya Darmadi (Duta Palma Group). In the last week of June 2020, the trial of one of the key suspects, one Suheri Terta, began in the Corruption Court of the Pekanbaru District Court. Zulkifli Hasan was presented as a witness in one of the hearings. The KPK was sure that it made the right decision. But on September 9, 2020, the Panel of Judges of the Corruption Court of the Pekanbaru District Court acquitted Suheri of all charges. This is the second time the same Court decided to acquit a graft defendant. 

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Taxing Transactions through Electronic Systems (4)

The Government through the Ministry of Finance continues to develop the policy on tax collection in digital transactions of products and services sold to customers in Indonesia. On September 8, 2020 the number of companies obligated to collect Value-Added Tax (PPN) went up to 28 companies.

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On the Taxation Graft Case: Another Fatal Typo

Two months ago, the Panel of Judges of the Corruption Court at the Central Jakarta District Court handed their ruling on the graft case involving the Commissioner of PT Wahana Auto Ekamarga one Darwin Maspolim—who was accused of bribing several Tax officials. All defendants including the former Head of the Tax Office one Yul Dirga were found guilty. Both the KPK and Dirga filed for an appeal, but the appeal submitted by Dirga caught our attention. He argued that the court made a typing error in the legal consideration.

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