Category: Law

The lawsuit against Ahabe Niaga

PT Ahabe Niaga Selaras (PT ANS) was greeted by a PKPU lawsuit not long ago. Two of its creditors, Erwin Setia Budi Djaja and Anggreini Candra, filed lawsuit No. 30/Pdt.Sus-PKPU/2021/PN Niaga SMg. The Panel of Judges rejected said lawsuit this week.

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On the BLBI Scandal: The Tantular Brothers

The Satuan Tugas Penanganan Hak Tagih Negara (Satgas BLBI), a task force created to recover funds related to the 1997-1998 financial crisis, has been summoning Bank Indonesia Liquidity Assistance (BLBI) obligors. Last week, a document allegedly belonging to the Satgas detailing the obligations of the obligors was circulated. The document notes several obligors as priority. Although the Satgas has not confirmed the authenticity of the document, the names that caught our attention are the Tantular brothers: Hindarto and Anton.

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On the ASABRI Scandal: New Suspects 

The trial of the suspects involved in the PT Asuransi Sosial Angkatan Bersenjata Republik Indonesia (Persero) (familiarly known as PT ASABRI) corruption scandal is ongoing. After much speculation, on the evening of Sept. 14, 2021, the Attorney General’s Office (AGO) named three new suspects, those whose names we mentioned even before the case was revealed to the public.

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On the BLBI Scandal: New Summons

Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI), a task force created to recover funds related to the 1997-1998 financial crisis, has been summoning obligors in the past several weeks. This week, the Satgas published two announcements and publicly summoning 13 obligors, including members of the Bakrie clan. 

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On the BLBI Scandal: Confiscation 

Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI), a task force created to recover funds related to the 1997-1998 financial crisis, has been summoning obligors. The Satgas has also started reclaiming state assets controlled by other unrelated parties. The Satgas confiscated assets located in various cities/regencies in Indonesia. The confiscation began on Aug. 27, 2021. Signposts (first stage) were installed on 49 plots of land with a total area of ​​5,291,200 square meters located in Medan, Pekanbaru, Tangerang, and Bogor.

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Case Broker in the KPK: The Trial

The case brokering scandal in the Corruption Eradication Commission (KPK) revealed unpleasant details. Lili Siregar, the deputy chief of the KPK, was found guilty of violating the code of conduct. This week, the trial of the main perpetrator begins. 

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Helice Leasing v. Garuda Indonesia : Garuda’s Defeat

The past few years have been difficult for PT Garuda Indonesia (GIAA). It has to face internal strife, lawsuits, and a financial crisis due to the COVID-19 outbreak. By the end of January 2021, a United Kingdom (UK) High Court decided to grant Garuda’s application for a stay of proceedings related to one of the lawsuits. Recently, the London Court of International Arbitration granted the arbitration petition filed by two of Garuda’s lessors. A bankruptcy lawsuit previously filed against Garuda was also withdrawn. 

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Sorong Plantation Dispute 

The West Papua provincial government with the Corruption Eradication Commission (KPK) have evaluated the licensing of oil palm plantations in eight regencies since 2018. On Feb. 25, 2021, the KPK delivered the evaluation result in a press conference. The government then implemented the recommendation and revoked the concession license held by 12 companies. Last month, several companies operating in the Sorong Regency fought back. They filed lawsuits against the Regent.

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Termination of Investigation on Pelindo II

The Government plans to combine four state-owned port operators with PT Pelabuhan Indonesia (Pelindo) II (Persero) as the holding entity. The plan is to go ahead with the plan in October 2021. Meanwhile, the Attorney General’s Office (AGO) has decided to terminate its investigation and inquisition into Pelindo II. The AGO said it had not found sufficient evidence to name any suspect.

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On Corruption in Indramayu: New Trials

In October 2019, the Corruption Eradication Commission (KPK) conducted a sting operation and uncovered an outrageous corruption scheme in the regency of Indramayu in West Java. KPK then arrested several people including then Regent of Indramayu one Supendi (Golkar). Tthe trial started in December 2019 and lasted until mid-2020. All defendants were found guilty, however, the KPK did not stop investigating. Towards the end of the year KPK named former member of the West Java DPRD Abdul Rozaq a suspect. Over six months later, on April 15, 2021, KPK named more suspects in the case, both of whom were Abdul Rozaq’s colleagues during his tenure in West Java DPRD. We have to wait for another five months before the trial of the latest defendants starts.

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Taxing Transactions through Electronic Systems (10)

The Ministry of Finance has been expanding the tax base by appointing new collectors of Value Added Tax (VAT/PPN) for digital products in trading through the electronic system (PMSE). The number of collectors continues to increase. The Ministry recently appointed two new collectors, and by September 2021, there are already 83 companies with the same set of responsibilities. 

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