Questioning MA’s Judicial Review Authority, Again
Five years ago, the Constitutional Court examined a judicial review petition challenging Law No. 3/2009 on the Supreme Court concerning the judicial process on the judicial review or “permohonan keberatan” (better known as hak uji materi – HUM). In April 2016, the application was denied. Recently, we learned that a businessman filed a similar judicial review application. The purpose of the judicial review petition is similar to the one questioned five years ago: the transparency of the HUM examination in the Supreme Court.
PKPU/Bankruptcy Journal: The End for Kasih Industri
At the start of 2021, PT Kasih Industri Indonesia (PT KII) faced a lawsuit on Suspension of Debt Payment (PKPU) filed by PT Humpuss Trading, a company controlled by Tommy Soeharto. In the second week of Feb. 2021, the lawsuit was rejected. Soon after that, another company in the same group PT Humpuss Patragas filed a similar PKPU lawsuit. After several months of examination, the PKPU period ended with PT KII’s bankruptcy. Drama followed: the administrators were named suspects on suspicion of inflating the value of the debt.
On Joker’s Case: High Court and the Controversial Appeals
Last month the Panel of Appeal of the Jakarta High Court surprised the nation when it granted the petition filed by former prosecutor Pinangki Sirna Malasari, a graft convict who supposedly helped Joko Soegiarto Tjandra to escape the law. Pinangki’s sentence was reduced from ten years to only four years imprisonment. To make matters worse, the Attorney General’s Office (AGO) decided not to file any cassation. This week, the High Court gave another surprise. It eased Joko Tjandra’s sentence. Four of the five members of the Panel of Appeal in the Joko Tjandra case are the same high court judges who previously reduced Pinangki’s sentence.
Social Assistance Graft Case: Demands for Juliari Batubara
Seven months ago, the Corruption Eradication Commission (KPK) conducted a Sting Operation and arrested six people on suspicion of corruption in social assistance programs at the Ministry of Social Affairs. The KPK named several suspects, including then Minister of Social Affairs Juliari Peter Batubara. It took the KPK four more months to complete Juliari’s docket and start the prosecution. Three months later, in a hearing held on July 28, 2021, the prosecutors read their demands. Juliari continues to deny the charges against him.
The ASABRI Scandal: New Suspects
One year and six months ago, the National Police (POLRI) began receiving reports detailing the allegations of corruption involving PT Asuransi Sosial Angkatan Bersenjata Republik Indonesia (familiarly known as PT ASABRI). The investigation faced many obstacles. Later on, the Minister of State-Owned Enterprises Erick Thohir submitted a similar report to the Attorney General’s Office (AGO). The investigation process soon shifted to the AGO. Armed with evidence from the Minister, it did not take long for the AGO to announce the suspects in this allegation. The AGO worked hard to recover losses to the State, which resulted in other problems: lawsuits from various parties. In the midst of all of this hassle, the AGO announced that it had named ten corporate suspects in the case, and the dockets of the individual suspects were completed. Soon the trial will begin.
Corruption Journal
The investigation and inquisition into the corruption scheme in the Maritime Security Agency (Bakamla) have been running for almost five years, many parties have been found guilty and convicted. Not long ago, the prosecutors read out the demands for the last two defendants. However, there are still unanswered questions. Separately, in the case of alleged corruption that brought down the Governor of South Sulawesi, the alleged briber has been found guilty.
Pre-Trial Journal
Two months ago, the Corruption Eradication Commission (KPK) announced an investigation and inquisition into a tax corruption case. It named six suspects. One suspect decided to fight back and filed a pre-trial lawsuit. In another case, the KPK terminated the investigation and inquisition into the allegations of corruption involving suspects Sjamsul Nursalim and Itjih Nursalim related to Bank Indonesia Liquidity Assistance (BLBI). A pre-trial lawsuit was filed against the decision.
The Solicitor General for Military Crimes
This week the Attorney General’s Office (AGO) officially appointed Rear Admiral (Laksda TNI) Anwar Saadi Solicitor General for Military Crimes (Jampidmil). This is the first time in history that there is a chamber for military crimes in the structure of the AGO. Hope rests on the AGO that the new chamber can handle crimes committed by military officers or crimes committed by civilians together with military officers.
Edhy Prabowo et al Found Guilty
The trial of former Minister of Marine and Fisheries Edhy Prabowo and the others involved in the corruption related to export of Clear Lobster Seed (BBL) is finally over. They were all found guilty and handed various sentences. Among the Panel of Judges, one judge stated a dissenting opinion.
Rohadi Found Guilty, Again
The former Registrar of North Jakarta District Court Rohadi, who was found guilty of accepting bribes in 2016, was found guilty once more on several charges including money laundering. Some information in the indictment should form the basis of further development of investigation. Will the Corruption Eradication Commission (KPK) expand its investigation or will this case end with Rohadi alone?