On Joker’s Forgery Case : The End?
One of the most awaited trials of the year ended recently. The Panel of Judges of the East Jakarta District Court who conducted parallel examinations of three defendants for alleged forgery and obstruction of justice related to efforts in assisting Joko Tjandra escape punishment had declared all defendants guilty. The punishment given are heavier than the prosecutors demands, but many were dissatisfied with the verdicts.
Recasting ASABRI
On Dec. 22, 2020 the public was shocked by the visit of the Minister of State-Owned Enterprises Erick Thohir to the Attorney General’s Office (AGO). Minister Erick came with a number of documents related to alleged corruption in PT Asuransi Sosial Angkatan Bersenjata Republik Indonesia (Persero) or familiarly known as PT ASABRI (Persero). With the report, although POLRI has been conducting investigation into a similar allegations in ASABRI, now a comprehensive investigation will be carried out by the AGO in coordination with the POLRI. This news, to be honest, comes as no surprise. We have reported various alleged irregularities that have dragged ASABRI in for nearly a decade.
Capital Punishment for Corruption
Three weeks ago the Corruption Eradication Commission (KPK) conducted a Sting Operation and uncovered a case of alleged corruption involving the Ministry of Social Affairs officials. The case later ensnared the Minister of Social Affairs Juliari P. Batubara. The disclosure of this case has shocked the whole country not only because of the act of corruption, but the fact that the crime occurred even though the KPK had warned that perpetrators of crimes during the pandemic could be punished by death. The public obviously want the threat of death penalty to be implemented, but it is not that easy. Among the many countries that have capital punishment for corruption offenders, Indonesia is one of the few countries who has never used this article.
2021 Legal Outlook: the KPK’s Performance
When the 2015-2019 leaders of the Corruption Eradication Commission (KPK) ended their term of office at around this time last year, they claimed to have succeeded in saving the State from losses that could amount to Rp63.8 trillion. The KPK under Agus Rahardjo’s lead was also praised for marathon Sting Operations from 2016 to 2019. This is partly why the KPK under Firli Bahuri was ridiculed, because even as of Dec. 2020, the KPK only carried out seven official Sting Operations.
Corruption Journal
Hong Arta John Alfred, the last defendant in the case of corruption related to the construction of the Trans-Seram project, was finally found guilty on Dec. 16, 2020. Nearly five years after the case was uncovered. Meanwhile, the trial of the case of bribery related to fugitive Joko Tjandra continues. The intermediary in the case, Tommy Sumardi, recently listened to the prosecutors demands for him. Interesting to know that the prosecutors accepted Tommy’s proposal to be a Justice Colaborator.
Corruption Journal
Three years ago the Corruption Eradication Commission (KPK) uncovered a corruption scheme in Jambi. The investigation brought down Governor Zumi Zola, who was convicted in December 2018. The KPK later named dozens of members of the Jambi DPRD as suspects, including one businessman as the briber. In the development of investigation, then Acting Head of the Department of Public Works one Arfan was named suspect in other case for receiving grafts along with Zumi Zola. Recently Arfan was found guilty. Separately, the Jakarta High Court decided to aggravate the punishment for Tubagus Chaeri Wardana (Wawan), the brother of former Banten governor Ratu Atut, who was found guilty of corruption. However, the Panel of Appeal still consider that Wawan is not guilty of money laundering as believed by the KPK prosecutors.
2021 Legal Outlook: Corruption Eradication
Corruption eradication is not only the domain of the Corruption Eradication Commission (KPK). Two other law enforcement institutions also have the authority to investigate cases of corruption. The said institutions are the Attorney General’s Office (AGO) and the National Police (POLRI). The AGO has been particularly active in the work.
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.