Law

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.

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):

Earlier this year, the new leaders of the Business Competition Supervisory Commission (KPPU) published their initiative to achieve their work targets which consisted of three main sectors, namely energy (oil and gas), digital markets, and food security. In terms of digital markets, as we all know, prior to the appointment of the new leaders, the KPPU has started an investigation into Google. Then, the new leaders announced that it had completed an investigation into Shopee. The trial on the allegations against Shopee started in May 2024 and interestingly Shopee admitted to their wrongdoings. In July 2024, the reported parties signed a consent decree and stayed true to their words. Towards the end of last week, nearly four months after promising a behavioral change, the KPPU announced that the reported parties had fulfilled their obligations.

The former Regent of Tanah Bumbu, Mardani Maming, who is former treasurer of Nahdlatul Ulama (the largest Moslem organization in Indonesia), was named graft suspect by the Corruption Eradication Commission (KPK) in 2022. A series of amusing events followed the legal process before Mardani was found guilty in early 2023. Mardani, however, refused to surrender and filed for a Reconsideration. During the process, it looks like Mardani gained support from various legal experts, however, it was not enough. This week, Mardani’s petition was granted, but the Supreme Court only reduced his prison time by two years. The rest of the sentence remains the same.

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.

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.

Although its term of office is almost over and the administration of the Government has been transferred to President Prabowo Subianto, the Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI) continues to work in summoning obligors who can be traced. This month, the Satgas published two summons for “small” obligors.

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.

The investigation conducted by the Attorney General’s Office (AGO) into the case of alleged manipulation of sugar imports commenced in around 2023 and we have been following the process since then. The investigation process then developed into several criminal allegations, including the case which recently ensnared former Minister of Trade, Thomas Trikasih Lembong. We know that in terms of strategic commodities, the sugar industry is prone to legal problems, that said, what the public is witnessing now is actually not surprising and along with the revelation of the case of alleged corruption, the Business Competition Supervisory Commission (KPPU) decided to publish a reminder.