SEMA 10/2020

Karen Agustiawan was accused of corruption related to the purchase of shares of Australia-based ROC Oil Company Limited while serving as president director of PT Pertamina (Persero). She’s not the first State-Owned Enterprise (BUMN) leader to be convicted for a bad business decision. But what happened to Karen and several former Pertamina officials sparked a debate over the definition of corruption. The debate continues as the Supreme Court rules that the actions of Karen, and those like her, are not corruption. 

More on the PKPU for Jiwasraya

Problems related to PT Asuransi Jiwasraya (Persero) have multiplied after two of its customers submitted a lawsuit for Suspension of Debt Payment (PKPU) to the Commercial Court of the Central Jakarta District Court. The trial began recently. Many hope that this lawsuit will not be accepted by the Panel of Judges, given its complexity. That said, the same Court recently granted a PKPU lawsuit against another insurance company, so there is already a precedent. 

Latest on the Digital Services Tax Investigation: New Chapter

Last year, we reported that the Office of the United States Trade Representative (USTR) had begun investigating taxes on digital services adopted or proposed by the European Union and eight countries, including Indonesia. The Indonesian Government responded with a written response addressed to the USTR. On Jan. 13, 2021, the USTR issued a status update on the investigations. 

On Nurhadi’s Graft Case: Trial of Hiendra Soenjoto

Director of PT Multicon Indrajaya Terminal (MIT) Hiendra Soenjoto, who was named a suspect for allegedly bribing the former Secretary of the Supreme Court Nurhadi, finally faced court proceedings. The indictment mentioned details of Hiendra’s crimes and the amount of money he supposedly provided in exchange for Nurhadi’s help. But although the press closely monitors the case proceedings, there are still too many confusing details, especially when it comes to the parties’ relationships with one another and also the case’s connection with the case involving Lippo Group. 

On Corruption in LAPAN: New Suspect

Entering 2021, the Corruption Eradication Commission (KPK) announced progress on the investigation into corruption in the National Aeronautics and Space Institution (LAPAN) and the Geospatial Information Agency (BIG). The KPK named two former officials of said institutions as suspects last week. Recently, the KPK announced a new suspect.

Update on Garuda Indonesia Corruption Case

Over four years have passed since the Corruption Eradication Commission (KPK) uncovered a graft scheme involving the former President Director of PT Garuda Indonesia (Persero) Tbk Emirsyah Satar. Emirsyah was named suspect along with Soetikno Soedarjo, owner of PT Mugi Rekso Abadi. But the process did not immediately show progress. It took the KPK over two years to announce that it had developed the investigation into allegations of money laundering and named another suspect in the primary case, namely Hadinoto Soedigno, Garuda Indonesia’s former executive vice president for Engineering and Maintenance Services. Emirsyah and Soetikno were found guilty in May 2020, but nothing happened to Hadinoto until Dec. 4, 2020. The KPK announced that it had named Hadinoto as a suspect of money laundering and finally moved to detain him. On Jan. 25, 2021, Hadinoto finally faced his indictment. 

Corruption Journal: Chasing Fugitives

For the past three years, the Corruption Eradication Commission (KPK) has faced public scrutiny due to many corruption suspects’ escape. The KPK’s commitment was questioned. Recently, the KPK stated that it would form a Special Task Force (Satgas) tasked with pursuing fugitives on the wanted list (DPO). So far, seven suspects are the KPK’s primary targets.

FPI vs. PTPN VIII

Although the Islam Defenders Front (FPI) has been declared a prohibited organization, we may still hear news of them. The most recent of which concerns its dispute with a state-owned company. Many have reported on this dispute, but few provide detailed explanations.

FPI and the International Criminal Court 

The clash between police officers from the Jakarta Metropolitan Office and dozens of paramilitary members of the Islamic Defenders Front (FPI) (otherwise known as Laskar FPI) left many questions not only regarding the chronology of events but also on the legality of the actions taken by the officers. Several parties have conducted investigations related to this incident in the country, ranging from internal inspections of the National Police (Polri) to the National Human Rights Commission (Komnas HAM). However, the investigations carried out were not satisfactory for FPI. It submitted a request for examination to the International Criminal Court (ICC). Anyone who knows the ins and outs of international law must understand that FPI’s efforts are futile.

Vinmar vs Sumi Asih

Budidjaja law firm, on behalf of its client Vinmar Overseas Ltd, placed an announcement at Kompas, the largest newspaper in Indonesia, today related to the planned execution of assets of PT Sumi Asih/PT Sumi Asih Oleochemical Industry. This is among the longest legal disputes in the country, involving various overseas jurisdictions.

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