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.
Omnibus Law: Employment Cluster (2)
In the first part of this series of articles we reviewed six of the 17 points in the Omnibus Bill on Job Creation that the labor unions highlighted. Here, we cover the rest.
Omnibus Law: Employment Cluster (1)
The Government finally handed over the promulgated Omnibus Bill on Job Creation (Cipta Kerja) to be enacted by the President last week. As we all know, even though the Bill has been promulgated, rejection rallies continue to be held in various regions, mostly driven by labor unions and students. The cluster that is believed to be the most problematic in the Bill is the employment cluster. Here we discuss the problems noted by labor unions in the past year.
On Jiwasraya’s Graft Case: Business Judgment Rules?
The ongoing trials in the case of corruption involving State-owned insurance company PT Asuransi Jiwasraya (Persero) is nearing the finish line. The Panel of Judges recently found four defendants guilty and sentenced them to life imprisonment. The decision was praised by the public, but we noticed something the prosecutors should be aware of in the future, i.e., arguments on the use of Business Judgment Rules principle.
On Jiwasraya’s Graft Case: Demands for Benny Tjokro and Heru Hidayat
After four long months of trial, on Oct.15, 2020 the prosecutors finally read their demands for Benny Tjokrosaputro and Heru Hidayat who are defendants in the case of alleged corruption related to PT Asuransi Jiwasraya (Persero). The prosecutors demanded the Panel of Judges to punish the two men to life imprisonment and pay compensations to State losses amounted to nearly Rp17 trillion. The public are thrilled with the news, but we wonder if the demanded compensations can be paid.
Omnibus Law: Judicial Review
As expected, by this week, two Judicial Review applications have been filed against the recently promulgated Omnibus Bill on Job Creation. Note that the new Law has not been recorded in the State Gazette. Both applications were submitted on Oct. 12, 2020.
Omnibus Law: Energy and Mineral Resources
The draft of the Omnibus Bill on Job Creation was formally submitted to the House of Representatives on Feb. 12, 2020. The original 1028-page draft covered various sectors of the economy, including energy and mineral resources. Since the beginning, the plan to form an omnibus law has already been accompanied by rejections and plenty of rumors. The Bill was passed into law on Oct. 5 despite the rejection. The final version was forwarded to the President on Oct. 14. What’s in it?
Omnibus Law: Amendments of Provisions in the Forestry Sector
Since its enactment into Law on Oct. 5, 2020, many versions of the Omnibus Bill on Job Creation have circulated in public.We have received five versions of the Bill with the number of pages ranging from 800 pages to more than 1000 pages. The latest information we have is that the final version to be submitted to the President on October 14, 2020 is the 815-page version. We decided to focus on that script. Even though the public tends to focus on labor and employment issues, we note the fact that the new Law changes and deleted provisions in 76 Laws, including those related to the forestry sector. Similar to the debate regarding the labor and employment cluster, there are also many rumors regarding the negative effects potentially caused by the new Law on the forestry sector. But are the rumors true?
Questioning Grafts Convicts’ Punishment
The past several months have been tough for the Corruption Eradication Commission (KPK). The Supreme Court continues to surprise the public by reducing the punishment of graft convicts. In what appears to be a show of frustration, the Corruption Eradication Commission...
Latest on Jiwasraya’s Graft Case : Life Sentences and New Suspect
The ongoing trials in the case of corruption involving State-owned insurance company PT Asuransi Jiwasraya (Persero) is nearing the finish line. The Panel of Judges recently found four defendants guilty and sentenced them to life imprisonment. A total of seven graft...