On Jiwasraya’s Graft Case : The End for Heru Hidayat and Benny Tjokro?
The trial of the year has come to an end. Benny Tjokrosaputro and Heru Hidayat, who are defendants in the corruption related to PT Asuransi Jiwasraya, were found guilty and sentenced to life imprisonment, following the other four convicts. It’s a historic outcome in Indonesia’s corruption eradication effort, but we wonder if the verdicts are strong enough.
The 2020 Regional Elections : Ex-Graft Convicts
In Dec. 2019, after months of public debates, the General Election Commission (KPU) decided to postpone the publication of a regulation that would ban ex-graft convicts from participating in regional elections. On Dec. 11, 2019, the Constitutional Court decided to partially grant the judicial review petition filed by the Indonesia Corruption Watch (ICW) and the Association for Elections and Democracy (Perludem). The Constitutional Court ruled that ex-graft convicts must wait for five years after completing their prison term before they could enter politics. Unfortunately, problems remain.
Corruption Journal : Jiwasraya Graft Case and Yul Dirga’s Appeal
Over a week ago, the prosecutors read their demands for Benny Tjokrosaputro and Heru Hidayat. The defendants in a corruption trial related to PT Asuransi Jiwasraya (Persero) read their defense plea towards the end of last week. Separately, the Panel of Appeals rejected the appeal of the former Head of the Tax Office one Yul Dirga, who was found guilty of receiving bribes from the Commissioner of PT Wahana Auto Ekamarga one Darwin Maspolim.
Bankruptcy/PKPU Journal (9): Otto Hasibuan v. Joko Tjandra
Last month, we reported that the senior advocate Otto Hasibuan had filed a lawsuit on Suspension of Debt Payment (PKPU) against graft convict Joko Soegiarto Tjandra. Otto claimed that he was appointed Joko’s legal counsel several months ago, but there was no news on what dispute for which Otto’s service was procured. Otto has since demanded a payment of US$2.5 million in legal fees.
On Nurhadi’s Graft Case: The Trial
Even though 2020 has put many businesses in limbo, Indonesia’s judicial sector remains “lively”. Major cases are being examined simultaneously, one of which is the prosecution of the former Secretary of the Supreme Court Nurhadi. It’s a development many have waited for a number of years. Nurhadi is being prosecuted together with his son-in-law one Rezky Herbiyono.
Corruption Journal
News related to corruption cases and corruption allegations have emerged simultaneously. In the corruption case that ensnared Imam Nahrawi, the former Minister of Youth and Sports, the High Court at the appellate stage aggravated the punishment for Imam’s former assistant one Miftahul Ulum. Separately, from the E-KTP graft case, Setya Novanto’s former legal counsel Fredrich Yunadi tried to file a Reconsideration after his punishment was aggravated. Meanwhile, the Panel of Judges rejected Pinangki Sirna Malasari’s objections. She is on trial for bribery related to Joko Tjandra.
On the Trans-Seram Graft Case: A New Trial
Nearly five years ago, the Corruption Eradication Commission (KPK) conducted a sting operation that led to the arrest of the then member of the House Commission V of the House of Representatives from PDI-P Damayanti Wisnu Putranti. The sting operation uncovered a complicated corruption scheme related to the construction of the Trans-Seram project using aspiration funds of the members of the House of Representatives. The case ensnared dozens of people, including several politicians, all from different political parties. After the main perpetrators were convicted, the case disappeared from the news. On Oct. 21, 2020, the trial of the last suspect finally started.
Bankruptcy/PKPU Journal (8)
Earlier this month we noticed that PT Ace Hardware Indonesia Tbk (ACES) was sued in a lawsuit on Suspension of Debt Payment (PKPU) by a law firm. On October 20, 2020, the company filed a counter lawsuit accusing the law firm of unlawful act. Separately, two companies filed a lawsuit against PT Steadfast Marine Tbk (KPAL), a shipbuilding company, seeking for its bankruptcy. This is the third bankruptcy lawsuit filed against KPAL in the same commercial court within the past year.
Omnibus Law : Tax Issues
The Omnibus Bill on Cipta Kerja, which was promulgated by the House of Representatives on October 5, 2020, contains dozens of clusters, including the taxation cluster. The taxation cluster contains changes to four Laws in the field of taxation and is included in Part Seven of Chapter VI related to ease of doing business. To implement the provisions in the soon-to-be-enacted Law, the Ministry of Finance is responsible for 14 implementing regulations.
On the Bakamla Graft Case: Where Are We Now?
It has been nearly four years since the Corruption Eradication Commission (KPK) uncovered a scheme of corruption in the Maritime Security Agency (Bakamla). The case brought down seven convicts. But unlike other cases, the KPK continued on with its investigation even though the trials were over. A new case was thus developed. Three suspects were named. The latest defendant was recently found guilty. The two remaining suspects are to be prosecuted. Meanwhile, the Supreme Court decided to deny the petition for Reconsideration (PK) of one of the convicts.