Law

On Corruption in Jasindo : Latest Trial

While dealing with their own problems, the Corruption Eradication Commission (KPK) somehow decided to continue its investigation into allegations of corruption involving State-owned insurance company PT Asuransi Jasa Indonesia (PT Jasindo). This investigation is interesting to us because the KPK rarely investigates a series of corruption cases involving the same party in a very lengthy process. The KPK named two new suspects back in August 2024 related to a new case and the trial started recently. This is the eighth year since the investigation into PT Jasindo began.

Prabowo’s graft pardon. Just say ‘Mea Culpa’

President Prabowo’s statement that the government will pardon corruptors as long as they return the illicit money to the State has been strengthened by his coordinating minister for law Yusril Ihza Mahendra, who said that sending corruptors to jail gives no benefit to the State. 

KPPU Decision on Procurement Conspiracy at BRIN

After six months of examination in the trial, last week the Business Competition Supervisory Commission (KPPU) finally decided that there had been a conspiracy in the procurement project of Cryo-Em, Transmission Electron Microscope (TEM) room temperature for life...

The Njoo Brothers Legal Disputes

For the past few years, far from the media spotlight, there has been a dispute over ownership of various companies in the Njoo family. This family is known as the owner of PT Pabrik Kertas Indonesia also known as PT Pakerin. The patron, Soegiharto Njoo, died in 2019...

KPPU Examination on Michelin

Towards the end of the year, the Business Competition Supervisory Commission (KPPU) began conducting an examination of Compagnie Financière Michelin, société par actions simplifiée, à Associe Unique (CFM) in its acquisition transaction of PT Royal Lestari Utama (PT RLU). In the existing legal provisions, acquisition transactions that reach a certain value must be notified to the KPPU within a specified time frame, but when this agreement was finalized in 2022, the parties only made the notification past the deadline. Hence, the examination.

KPPU Examination on Carro

Trusty Cars Pte Ltd, a Singaporean company engaged in the automotive sector in Southeast Asia, acquired PT Mitra Pinasthika Mustika Rent (MPMRent) in 2022. According to the Business Competition Supervisory Commission (KPPU), the combined asset value of the two parties as a result of this transaction has exceeded the minimum limit for notification obligations to the KPPU. However, the required notification was only submitted beyond the time limit required by law.

Satgas BLBI Latest Move

The term of office of the Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI) will end on Dec. 31, 2024, but unfortunately, as it nears its end, the Satgas’ existence has almost been forgotten by the public. Previous discourse that the Satgas could continue their duties in a different form also has not been clear. With less than two weeks left, the Satgas seems to have decided to target only small and mostly unknown obligors, far from the media coverage.

Latest on the Surabaya Gold Scandal

At around the same time when the gold import scandal was reported, back in 2021, the Panel of Judges of the Surabaya District Court granted the tort lawsuit filed by one Budi Said against PT Aneka Tambang (Persero) Tbk (ANTM). The State-owned company was ordered to compensate for the losses Budi claimed (Rp817.4 billion). Budi initially claimed he had bought 7 tonnes of gold but only received 5.9 tonnes. He never received the remaining 1.1 tonnes of gold. At a later stage of the dispute, we eventually learned that Budi managed to conspire with several employees of ANTM and manipulate the dispute. The parties were then prosecuted in a case of alleged corruption. Budi followed their steps several months ago. Far from media coverage, Budi listened to the prosecutors’ demands this week.

Edwin Soeryadjaya et al v Waskita Karya : What’s Next?

The legal issues that follow Waskita Karya are getting more complicated. In the middle of this year we know that tycoon Edwin Soeryadjaya et al filed a lawsuit against the company in a dispute related to construction work for the Indian Embassy office to the East Jakarta District Court. What the public did not realize, two months earlier Edwin et al had filed a lawsuit to the Jakarta State Administrative Court (PTUN Jakarta) against the Head of the Jakarta Capital Investment and One Stop Integrated Services Department. The allegation is that there was manipulation in the provision of permits for the said construction work. The lawsuit was granted by the PTUN in the last week of August 2024 but complications followed as the lawsuit in East Jakarta District Court was declared cannot be accepted in October 2024. However, nothing is simple in Indonesia. Recently the decision of the PTUN was upheld by the State Administrative High Court (PTTUN). This means the disputed permits must be revoked and the permit issuance must be redo, despite the decision of the district court. That said, what will happen if construction has already started?

Revisiting MCOR’s Dispute

Years ago, the POLRI named two suspects in the case of alleged embezzlement related to the dispute on debt-claiming rights (cessie) involving PT Geria Wijaya Prestige (PT GWP). The announcement is only the beginning of more complicated matters. Lawsuits after lawsuits came into four different courts in two different provinces. One advocate was sentenced to contempt of court, several key persons were sentenced to the predicate crime, but the most important thing has not been resolved. The two suspects previously named by the POLRI have not even been tried, and the disputed assets are still being disputed. The Ministry of Finance has tried to auction the assets twice but failed both attempts. We learned that a new lawsuit was registered again to the South Jakarta District Court in 2022 but has since lost track of the case. Recently, we learned that there is already a legally binding decision. Unfortunately, considering the sensitivity of the dispute, there are nearly no documents made available to the public.

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