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.
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.