Law

Although public attention is no longer as intense as it was at the beginning, the investigation and inquisition into the case of alleged corruption related to the illegal tin mining in the IUP area owned by PT Timah Tbk (TINS) continues. Among the dozens of suspects, we know that the Attorney General’s Office (AGO) also named Hendry Lie, founder of Sriwijaya Air, as a suspect. Hendry was questioned as a witness in February 2024, but since then he has not been in Indonesia. Hendry also never answered the summons from the AGO until he was named a suspect in April 2024. Interestingly, Hendry decided to return to Indonesia this week and the AGO was happy to pick him up at the airport. Separately, trial of the former government officials will end soon as the prosecutors read their demands during the latest hearing.

The Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI) continues to work in summoning obligors who can be traced. The past several weeks, the Satgas published four summons for “small” obligors.

Besides the case of corruption implicating the Directorate General of Railways at the Ministry of Transportation concerning several projects across the island of Java which is investigated by the Corruption Eradication Commission (KPK), at the same time there is also an ongoing investigation on case of alleged corruption concerning a project in the northern part of Sumatera. The case is investigated by the Attorney General’s Office (AGO). Trial of the key suspects have started and recently the prosecutors read their demands.

Back in July 2024, the Business Competition Supervisory Commission (KPPU) began an investigation into alleged violations related to corporate actions carried out by PT Tamaris Hidro Tbk (TYRO), a hydropower operator and part of the Salim group. The alleged violation in question was the delay in notification of the takeover of shares in PT Sumber Baru Hydropower. Far from media coverage, last week the KPPU declared PT Tamaris Hidro guilty.

The past several years keeps the officials of the Directorate General of Railways at the Ministry of Transportation busy. By now, there are two ongoing investigations on cases of alleged corruption, one of which is very scandalous in our opinion but it failed to catch the public’s attention until today. In the case, the KPK has announced that they have named an official of the Supreme Audit Agency (BPK) as suspect. The KPK have not mentioned any name but we wonder why this is not surprising at all.

Last year we all witnessed the uproar resulting from the disclosure of a scandal at the National Search and Rescue Agency (Basarnas), and not long after, the Corruption Eradication Commission (KPK) revealed that they are also investigating other cases of alleged corruption at the same institution. Reportedly, the KPK has even named three suspects, but the commission decided to wait for nearly a year, last April, to officially announce the case. Far from media coverage, the inquisition stage continues and last week the trial has started.

As mentioned in the previous articles, South Jakarta District Court plays an important part in the history of the nation’s legal system, particularly in terms of pre-trial motions. The court’s decision changed the way pre-trial is used. In relation to the cases investigated by the Corruption Eradication Commission (KPK), we cannot deny the fact that the KPK is still very careless, but we also need to pay attention to the legal considerations made by the sole presiding judge. This week, the same court freed Sahbirin Noor from his suspect status and the considerations are important to note.

Since Budi Gunawan won his pre-trial motion, especially in the context of high-profile criminal investigations or legal challenges, South Jakarta District Court continued surprising the public by providing a decision which considered benefits graft suspects. Here are a few notable pre-trial cases that have caught public attention and which were heard in the South Jakarta District Court and filed against the Corruption Eradication Commission (KPK):

Over the years, the South Jakarta District Court has been able to maintain its reputation as a peculiar court. Almost all prestigious and irrational cases are heard by them, but this also means that all problems gather there. In a humorous manner, we have witnessed the parties in the case chasing the judge in the courthouse, in another matter, this court has shaken the Indonesian legal world through pre-trial decisions that are often considered to favor corruptors. Most recently, the same court annulled the suspect status in a case of alleged corruption determined by the Corruption Eradication Commission (KPK) against the notorious Sahbirin Noor, former governor of South Kalimantan. But before Sahbirin, or Paman Birin as he was familiarly known, many had managed to avoid the law through pre-trials.