Law

In 2021, amidst the drama of internal conflict between the leaders of the Corruption Eradication Commission (KPK) and dozens of its former employees, the National Police (POLRI) appeared and provided shelter. The former KPK employees were made civil servants at the Directorate of Corruption Crimes (Dittipikor) which is part of the Criminal Investigative Unit (Bareskrim). Some time after that, discourse emerged to separate Dittipikor from Bareskrim and make it more powerful. Over two years later, in March 2024, the POLRI Chief, General Listyo Sigit Prabowo, said that the formation of the Corruption Eradication Corps (Kortas Tipikor) was just waiting for the President’s approval. Last week, the long-awaited approval has finally arrived.

What we have witnessed from the prolonged drama between the Corruption Eradication Commission (KPK) and Gazalba Saleh is proof that even the KPK still has shortcomings and proof that there are criminals who do not feel guilty. In the end, corruption, especially when carried out massively, is proof of greed. Unfortunately, as mentioned, the judges who should be the enforcers of justice, are vulnerable to losing to their greed. Gazalba Saleh is not the first, and if there is no change in the justice system and law enforcement, he may not be the last.

The drama on the law enforcer’s efforts to punish the disgraced Supreme Court Justice, Gazalba Saleh, is finally over. After the Panel of Judges of the Corruption Court at the Central Jakarta District Court gave a surprising interlocutory decision earlier this year, Saleh faced his trial again in June 2024. This week, Saleh was finally found guilty. In our records, at least in the cases that have been made public, Saleh is the umpteenth judge who, instead of fighting corruption, has been involved in corruption.

Recently, news about the dispute between the former President Commissioner of PT Berkah Beton Sadaya Tbk (BEBS), Asep Sulaeman Sabanda, along with over 30 other parties, with PT Mirae Asset Sekuritas Indonesia surfaced to the public. There was no other information conveyed to the public other than that the value of the dispute reached more than Rp8 trillion. Later, Mirae Asset spoke out and stated that the lawsuit was baseless and it turned out that, a few weeks before the lawsuit was filed, Mirae Asset had already sued Asep with more than 40 other parties as co-defendants on allegation of default with a dispute value of more than Rp7 trillion. What a mess.

The dispute over ownership of land covering an area of more than six hectares in Dago Elos, Bandung, West Java, became public on Aug. 14, 2023, after a chaotic event resulted from clashes between residents and the police became viral on social media. By then, what we know is that after more than six years of dispute in court, in 2022 the Supreme Court declared that the land in question was legally owned by the heirs of the Muller family. However, the residents who occupied the land did not accept the decision and the events after that finally resulted in a more confusing situation. However, when the case finally gained national attention, we learned something odd. The documents that were used as the basis for legal considerations at the Supreme Court are documents that, if examined according to historical records, should not have existed. Here we are over a year after the chaotic incident with news that the Muller brothers had been found guilty of fraud. Oh how the tables have turned. 

The Corruption Eradication Commission (KPK) has officially named Sahbirin Noor, popular as Uncle Birin, suspect in corruption/bribery case. Uncle Birin, however, yet to be arrested. KPK is still hunting down Birin, who is chairman of South Kalimantan chapter of Golkar Party, whose whereabouts yet to be identified. 

Recently, PT Patra Logistik, part of Subholding Commercial & Trading of PT Pertamina (Persero), was sued by one of its business partners, PT Putra Patra Utama (PT PPU). PT PPU claimed that Patra Logistik had neglected to fulfill its payment obligations to the company. However, this case attracted attention not because it involved a subsidiary of a State-owned enterprise but because one of the newly appointed directors of Patra Logistik, amidst all the negative sentiment regarding political dynasties, is the nephew of President Joko “Jokowi” Jokowi.

In September 2024 a PKPU lawsuit was filed against PT Adhi Karya (Persero) Tbk (ADHI). The plaintiffs are one Machfud Suroso and PT Dutasari Citralaras. Machfud is identified as the company’s president director. At first glance, there is nothing strange about this lawsuit, but PT Dutasari Citralaras is a familiar name. One of the company’s directors was said to be an influential party in uncovering the corruption scandal of the Hambalang project, but was later imprisoned on suspicion of tax evasion. Towards the end of last week, the lawsuit was rejected.

PT Morula Indonesia (Morula IVF), a subsidiary of PT Bundamedik Tbk (Bundamedik Healthcare System – BMHS), took a corporate action in 2022 by acquiring a majority shares in PT Medika Sejahtera Bersama (PT MSB), a company that manages the Pusura Mother and Child Hospital (RSIA Pusura) in Tegalsari, Surabaya. Referring to the provisions of the existing law, Morula IVF is obliged to report or provide notification of this corporate action to the Business Competition Supervisory Commission (KPPU) within a certain time limit. Unfortunately, the notification was made past the time limit. Morula IVF was then examined on suspicion of committing a violation. Morula IVF, interestingly, admitted to having committed a violation, and with that acknowledgement, KPPU decided to impose sanctions for the company.

The problems for PT Waskita Beton Precast Tbk (WSBP) is getting worse, as expected. We all know that towards the end of 2023, the subsidiary of PT Waskita Karya (Persero) Tbk (WSKT) is being sued by one of its creditors, PT Bank DKI. At the heart of the dispute is the decision to settle debts through Mandatory Convertible Bonds (OWK) which, supposedly, was not approved by Bank DKI. In early 2024, Bank DKI withdrew this lawsuit, only to file a new lawsuit in a different district court. The parties tried to mediate but to no avail. The trial continued far from the media coverage. Not long ago, we learned that Bank DKI won the lawsuit, but WSBP refused to surrender. The company filed for an appeal immediately.