ACST v. China Sonangol Media Investment : PKPU Begin
The lawsuit on Suspension of Debt Payment (PKPU) filed by PT Acset Indonusa Tbk (ACST) against PT China Sonangol Media Investment (PT CSMI) in November 2020 was granted. PT CSMI is now in a period of temporary PKPU and is set to draft a peace proposal until February...
Corruption in LAPAN and BIG
The Corruption Eradication Commission (KPK) begins 2021 by announcing an investigation into a new case of corruption. What’s interesting about this announcement is that the case concerns two non-ministerial, state institutions, whose roles are important but barely known to the public. The two institutions in question are the National Aeronautics and Space Institution (LAPAN) and the Geospatial Information Agency (BIG). The KPK conducted an examination on Jan. 20, 2021. After that, they announced two suspects.
2021 PKPU/Bankruptcy Journal: More on Pollux Group
Last year was a challenging year for Pollux Group. In addition to financial difficulties, the Group had to face many lawsuits, mostly seeking debt restructuring (PKPU). Although the Group escaped some of the lawsuits, the start of 2021 is not any better. So far, four PKPU lawsuits have been filed against the Group. In addition to that, PT Pollux Aditama Kencana (PT PAK) is also in a dispute.
Bosowa’s Winning Streak
We all know that Bosowa Corporindo is in a feud with the Financial Service Authority (OJK) and Qatar National Bank (QNB). Excluding the dispute involving foreign parties, all of the other disputes are being examined in court simultaneously. Related to the dispute with the OJK, Bosowa had filed two different lawsuits at two different courts. Recently, one of the lawsuits was granted by the Jakarta State Administrative Court (PTUN Jakarta). Separately, in the dispute with QNB, the PKPU lawsuit filed against PT Semen Bosowa Maros was recently rejected by the Court. The universe seems to be on Bosowa’s side, at least for now.
Updates on Joker’s Case: Verdict for Andi Irfan and More
Andi Irfan Jaya, the one who supposedly helped Prosecutor Pinangki Sirna Malasari in the conspiracy to help Joko Soegiarto Tjandra outwit the law, was found guilty. The Panel of Judges handed him heavier sentences compared to what the prosecutors demanded. However, questions remain. Separately, Pinangki could not read her defense plea as scheduled due to personal reasons. We are also still waiting for the verdict on Joko and the two police generals (Prasetijo Utomo and Napoleon Bonaparte) in the case of bribery. Recently, Napoleon submitted several pieces of evidence, which caused more confusion.
Conch Found Guilty
After several months of examination, on Jan. 15, 2021, Business Competition Supervisory Commission (KPPU) read their decision on the predatory pricing case involving PT Conch South Kalimantan Cement. As expected, the KPPU found Conch South Kalimantan guilty and slapped the Company with a fine of Rp22.3 billion.
US Sanction on Djarum Group’s BMJ
PT Bukit Muria Jaya (BMJ), member of Djarum Group, has agreed to pay a fine of US$1.56 million and enter into a deferred prosecution agreement with the US Justice Department for conspiring to commit bank fraud in connection with the shipment of products to North Korean customers. BMJ, which produces cigarette paper and other specialty papers, has also entered into a settlement agreement with the US Treasury Department’s Office of Foreign Assets Control (OFAC).
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.