Category: Law

With the complicated issues and the parties no longer existing, PT Citra Marga Nusaphala Persada Tbk (CMNP) is left with few options. Holding Bambang Hary Iswanto Tanoesoedibjo (known as Hary Tanoe) and Bhakti Investama accountable is the clearest path, but this too has been thwarted by many obstacles, until finally CMNP decided to try another legal remedy. 

Mohamad Jusuf Hamka, said beneficiary owner of toll road developer and operator PT Citra Marga Nusaphala Persada Tbk (CMNP), has recently resurfaced in public, but not for political reasons as we have witnessed in recent years. This time, news comes from CMNP who recently filed a tort lawsuit against Bambang Hary Iswanto Tanoesoedibjo (known as Hary Tanoe) and PT MNC Asia Holding Tbk (formerly PT Bhakti Investama Tbk – BHIT). This lawsuit has not attracted much attention, although at a glance it can be seen that this case is related to another case whose roots of the problem occurred in 1999 and was marked by various court lawsuits and even allegations of corruption. Will this lawsuit open a new chapter in the latest attempt to resolve this problem? 

It has been nearly two years since the Business Competition Supervisory Commission (KPPU) began the investigations into alleged violations in information technology-based money lending and borrowing services and this year the commission declared that they had gathered sufficient evidence. Since the investigation was carried out starting Oct. 25, 2023 until now, the investigation task force has examined over 40 P2Ps as the reported parties. 

Trusty Cars Pte Ltd, a Singaporean company engaged in the automotive sector in Southeast Asia, acquired PT Mitra Pinasthika Mustika Rent (MPMRent) in 2022. In relation to the corporate actions, the Business Competition Supervisory Commission (KPPU) mentioned that 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. The KPPU examined the allegation towards the end of last year and recently Trusty Cars have been found guilty.

It has been a while since the last time we reported on the geostationary orbit scandal and the alleged violations in satellite management cooperation at the Ministry of Defense. The management cooperation that was originally intended to support the Government’s performance was tarnished by poor communication and project implementation, which unfortunately is “normal” in Indonesia. This time, however, the problem had fatal consequences. The Indonesian Government was sued by its former partner in Singapore while at home the scandal developed into a corruption investigation. The defendants were convicted in 2023, but the problems for the Government were not over. Recently we learned that the former partner attempted to forcibly seize five official residences of the Indonesian Embassy in Paris in an effort to obtain compensation, but this is not the right way. 

Over four years ago we reported that 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). Several months later the decision was annulled by the High Court, but then the Supreme Court decided in favor of Budi. In September 2023, the Assembly of Reconsideration (PK 1) decided to decline ANTM petition. Budi, therefore, won the legal battle, although ANTM refused to obey the court’s decision. ANTM filed another Reconsideration (PK 2), and the interesting part of the dispute is to see how the Supreme Court cannot even stick to their own decision. Recently, the petition was granted. 

In mid-2024 the Business Competition Supervisory Commission (KPPU) began holding an Assembly Session in the Preliminary Investigation stage regarding the rarely heard allegation of conspiracy to obtain company secrets. This allegation implicates PT Chiyoda Kogyo Indonesia (PT CKI), subsidiary of Chiyoda Kogyo Co Ltd, manufacturer of tube deforming processing machinery, BECS Master. Recently, the KPPU has made their decision. 

Over three years ago, legal counsel of Vinmar Overseas Ltd, Budidjaja law firm, placed an announcement in the national newspaper, stating the planned execution of assets of its former partner, PT Sumi Asih/PT Sumi Asih Oleochemical Industry. The dispute was among the longest legal disputes in the country, involving various overseas jurisdictions. We already thought it’ll be difficult for the law firm to conduct the execution. We’re right. The highly complex legal dispute resulted in the determination of senior and prominent advocate, Tony Budidjaja, as a suspect on suspicion of false accusations. Tony faces his trial in October 2024 and has been found guilty. What is happening? 

Earlier last year an interesting “clash” happened. The Minister of Finance visited the AGO and brought along reports on four debtors of the LPEI, alleging fraudulent acts which caused losses to the State. The interesting part is, days after that, the Corruption Eradication Commission (KPK) stepped forward and announced that they had commenced investigation and inquisition into the similar allegation. At the time, the KPK looked like they wanted to steal the spotlight from the AGO, because we know it was the AGO who investigated similar allegations implicating LPEI several years ago. But the situation was quickly forgotten. In August 2024, another interesting situation happened, as the AGO decided to hand over some of the investigation to the KPK, in what the institution calls a synergy. Months later, recently, the KPK announced progress and named several suspects.