Legal Issues surrounding Tugasanda

PT Karya Tugas Anda, a company engaged in autobody manufacturing industry better known as Tugasanda, had been in dispute with their business partner for quite some time. The dispute is so fierce that the owner of the partner company was prosecuted for criminal charges. The court later decided that the actions of the owner of the partner company were not crimes, so the dispute took place in a civil manner. At the end of November 2020, PT BRI Multifinance Indonesia (BRIF) filed lawsuit on Suspension of Debts Payment (PKPU) against Tugasanda which then forced Tugasanda to file a PKPU application on itself. At the same time, Tugasanda filed a lawsuit against BRIF on allegation of default to the Central Jakarta District Court. 

2021 Outlook: National Strategic Projects

The implementation of various programs and National Strategic Projects (PSN) continues even though the COVID-19 pandemic has not ended. The Government issued Presidential Regulation (Perpres) No. 109/2020, which is the third amendment to Perpres No. 3/2016 on the Acceleration of National Strategic Project Implementation. Perpres 109 mentions several considerations, including stating that PSN’s implementation has to be optimized to accelerate development, create jobs, and restore the national economy. In reality, obstacles and irregularities remain.

2021 Legal Outlook: PKPU and Bankruptcy

Suspension of Debts Payment (PKPU) and bankruptcy lawsuits are increasingly in demand as a way out of financial disputes in 2020. The COVID-19 outbreak makes things worse. All business sectors were affected. Small business actors and large business actors all struggled without exception. With the situation unclear, this trend is likely to continue in 2021.

KPK and the State Properties

Three months ago we reported about the efforts on management of State property especially conducted by the Ministry of State Secretariat coordinated with the Corruption Eradication Commission (KPK). On December 14, 2020, the KPK announced the results.

2021 Legal Outlook: BUMN and Corruption Eradication 

Shortly after his inauguration, the Minister of State-Owned Enterprises (SOE/BUMN) Erick Thohir announced the dismissal of then-President Director of PT Garuda Indonesia (Persero) Tbk (GIAA) one I Gusti Ngurah Askhara Danadiputra (Ari Askhara). The latter had a disgraceful incident last year. Later on, Minister Erick dismissed other GIAA directors. The incident brought to fore the management of GIAA, which had been under the spotlight for almost three years ever since the Corruption Eradication Commission (KPK) named it’s former President Director one Emirsyah Satar a graft suspect. But GIAA is not the only BUMN plagued with corruption. 

On North Sumatera DPRD Graft Case : Latest Trial

Back in April 2018, the Corruption Eradication Commission (KPK) named 38 former members of the North Sumatera Regional Legislative Council (DPRD) as suspects as a result of development of investigation into the case of corruption that brought down the disgraced Governor of North Sumatera Gatot Pujo Nugroho. The KPK had previously named 12 politicians as suspects in the same case during the span of 2015 to 2016. The trials of the suspects ended in August 2019, but the KPK did not stop the investigation. Earlier this year, nearly two years after the last announcement, the KPK announced that it had named 14 new suspects in the case, all are former members of the DPRD. Recently, the trials of all remaining suspects started, but unlike the earlier batch of suspects, now the case is examined by the Corruption Court at the Medan District Court. 

Revisiting Rizieq Shihab’s Cases

Only one month after his return to Indonesia, the leader of Islam Defender’s Front (FPI) Rizieq Shihab was named a suspect for violating health protocols along with five other people. The other suspects are responsible for organizing the wedding of Rizieq’s daughter, which is accompanied by the commemoration of the Prophet Muhammad’s birthday.

On the Jakarta Bay Reclamation Project 

The disputes related to the Jakarta Bay reclamation project, which has been ongoing since 2015, may soon reach the finish line. The Governor of Jakarta decided to stop the controversial project, exempting several developers, in 2018. Several months after the decision was made, several developers decided to fight back. Two weeks ago, the Supreme Court ruled in favor of one of the developers, namely PT Muara Wisesa Samudra—a subsidiary of PT Agung Podomoro Land Tbk (APLN) who developed Island G. The Supreme Court ordered the Governor to extend the Company’s license for reclamation.

On the Corruption in Waskita Karya: The Trial

Two years ago, the Corruption Eradication Commission (KPK) announced the investigation and inquisition into the case of corruption in PT Waskita Karya (Persero) Tbk (WSKT). The KPK named two suspects, but somehow, the investigation process made no progress. When the new leaders led by Firli Bahuri started working, the focus of the KPK shifted to solving cases that had been piling up for a long time, including the case in Waskita Karya. Six months ago the KPK announced three new suspects in the case. On Dec. 10, 2020, the trial started. The details cited in the indictment are frustrating. The defendants cooperated in such a way as to take advantage of 41 construction projects.

On Alleged Monopoly in Export of Clear Lobster Seeds: Development

Last month, the Business Competition Supervisory Commission (KPPU) took the initiative to conduct further research on allegations on monopoly in the implementation of Clear Lobster Seeds (BBL) export. Just days after the announcement, the Corruption Eradication Commission (KPK) conducted a Sting Operation and arrested Minister of Marine and Fisheries Edhy Prabowo. Minister Edhy was later named a suspect for allegedly accepting grafts in the export of BBL. Earlier this week, the KPPU announced that it had named the subject an official investigation. 

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