PKPU against Asuransi Jiwasraya
Earlier this year, we noted our concerns on the approval of the Suspension of Debts Payment (PKPU) lawsuit filed against PT Asuransi Jiwa Kresna (known as Kresna Life linked to PT Kresna Graha Investama Tbk – KREN). Last week, a similar PKPU lawsuit was filed against PT Asuransi Jiwasraya.
Lawsuits against Aneka Tambang
Last week, 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). ANTM was ordered to compensate for the losses Budi claimed (Rp817.4 billion). The value is equivalent to 1.1 tonnes of gold Budi had supposedly purchased. The granted lawsuit is the second one Budi filed in 2020. ANTM said it would appeal against the decision, but it should be noted that this is not an ordinary case. There are two other lawsuits with similar disputes currently being examined by the same Court. If Budi’s lawsuit was granted, then it is not impossible that the other lawsuits would also be successful.
On the Judicial Review of the Broadcasting Law
In May last year, PT Visi Citra Mitra Mulia (INEWS TV) and PT Rajawali Citra Televisi Indonesia (RCTI), part of the MNC Group, filed a Judicial Review petition at the Constitutional Court. Both applicants challenged Art. 1 number 2 on the Law No. 32/2002 on Broadcasting, specifically questioning the definition of broadcasting laid out. The petition received attention for all the wrong reasons, thanks to MNC Group’s poor communications management. The examination process continued far from media coverage. After over seven months of examinations, the Constitutional Court rejected the petition on Jan. 14, 2021.
Alleged Corruption in Labuan Bajo
The High Prosecutors’ Office (Kejati) suspect corruption in the sale and purchase of land belonging to the regional government East Nusa Tenggara (NTT). State losses are estimated at Rp3 trillion. Hundreds of people were questioned in the investigation process, including senior journalist Karni Ilyas, former special staff to the President, and retired police general Gories Mere. The Kejati named 16 suspects in this case, including West Manggarai Regent Agustinus Ch Dula.
KPPU Performance and Ongoing Examinations
The Business Competition Supervisory Commission (KPPU) is growing every year. In terms of performance, with better communication with the public, 2020 is a year that should be appreciated. Entering 2021, KPPU has started examining several interesting cases, and this week has scheduled a decision for one case.
On BNI’s Unpaid LC Case: The Trial of Maria Lumowa
In July 2020, the public was shocked by the news of Maria Pauline Lumowa’s extradition. The key suspect in the case of corruption of PT Bank Negara Indonesia Tbk (BBNI) ‘s loan facility was finally brought home for justice. Maria had been on the run for over 16 years. Her trial began on Jan. 13, 2021.
The Dead Witnesses
In the first week of Jan. 2021, the Corruption Eradication Commission (KPK) informed that one of the witnesses in the case of alleged bribery for the lobster seed export license at the Ministry of Marine and Fisheries (KKP) had died. His death was reportedly due to an illness, but given the news that the witness is said to be one of the key witnesses in this case, we cannot ignore his death. We try to recall other incidents where key witnesses (in a case handled by the KPK or other institutions) died during the investigation and inquisition process.
An Update on Joker’s Case
The trial of cases related to Joko Tjandra will end soon. In the forgery case, all defendants have been found guilty. While in the bribery case, the intermediary in the case one Tommy Sumardi, Joko’s friend and in-law of Malaysia’s ousted Prime Minister Najib Razak, has been found guilty. We are still waiting for the verdict on Joko and the two police generals (Prasetijo Utomo and Napoleon Bonaparte) who are indicted for receiving approximately Rp9 billion in exchange for helping to erase Joko’s name from the fugitive list. Separately, the trial in the case of conspiracy with key defendant prosecutor Pinangki Sirna Malasari continues. After nearly four months of proceedings, the prosecutors had read their demands for Pinangki. But the demands are far from public satisfaction.
PKPU/Bankruptcy Journal: No. 2/2021
A company named PT Prakarsaguna Ciptapratama has on January 7, 2021 filed a suspension of debt payment obligation (PKPU) lawsuit against property developer PT Sentul City Tbk (BKSL). Humpuss Trading, a company controlled by Tommy Soeharto, meanwhile, filed PKPU lawsuit against PT Kasih Industri Indonesia and Mr Eka Wahyu Kasih.
PKPU/Bankruptcy Journal: No.1/2021
The Commercial Court of South Jakarta District Court kicked off the new year with lots of Suspension of Debt Payment Obligation (PKPU) filings, including those against some companies listed on Indonesia Stock Exchange (IDX) and coal miners.