Taxing Transactions through Electronic Systems (4)
The Government through the Ministry of Finance continues to develop the policy on tax collection in digital transactions of products and services sold to customers in Indonesia. On September 8, 2020 the number of companies obligated to collect Value-Added Tax (PPN) went up to 28 companies.
On the Taxation Graft Case: Another Fatal Typo
Two months ago, the Panel of Judges of the Corruption Court at the Central Jakarta District Court handed their ruling on the graft case involving the Commissioner of PT Wahana Auto Ekamarga one Darwin Maspolim—who was accused of bribing several Tax officials. All defendants including the former Head of the Tax Office one Yul Dirga were found guilty. Both the KPK and Dirga filed for an appeal, but the appeal submitted by Dirga caught our attention. He argued that the court made a typing error in the legal consideration.
2020 Legal Outlook: PKPU and Bankruptcy (2)
In May 2020, we reported on the changing trend of dispute resolution among business actors and how the Suspension of debts payment (PKPU) and Bankruptcy lawsuit grew increasingly in demand as a way out of financial disputes. At that time, Indonesia was still in the early stages of facing the COVID-19 pandemic. Now, the situation looks even more uncertain.
On Jiwasraya’s Graft Case: Fraud and MYRX Bankruptcy
The trial on the corruption in State-owned insurance company PT Asuransi Jiwasraya (Persero) continues after a two-week break. On September 7, 2020, the Prosecutors summoned two expert witnesses, who explained how the alleged fraud happened in the Company. Meanwhile, PT Hanson International Tbk (MYRX), owned by suspect Benny Tjokrosaputro, was declared bankrupt. The legal enforcers now face a complicated situation between giving the creditors their rights or focusing on recovering State losses.
On Nurhadi’s Graft Case : PKPU for Multicon Indrajaya
The Corruption Eradication Commission (KPK) is still investigating the case of corruption that ensnared the former Secretary of the Supreme Court Nurhadi Abdurrahman and his son-in-law one Rezky Herbiyono. Nurhadi allegedly tried to hide the proceeds of his crime, so the KPK is focused on examining witnesses and confiscating his assets. Meanwhile, the KPK also named the Director of PT Multicon Indrajaya Terminal (PT MIT) Hiendra Soenjoto a suspect. The case is related to PT MIT—on its dispute against PT Kawasan Berikat Nusantara Persero (PT KBN). PT KBN is suing PT MIT, trying to force PT MIT to restructure its debts, again.
Latest on the Judicial Review of the Broadcasting Law
Three months ago we reported on the Judicial Review petition filed by PT Visi Citra Mitra Mulia (INEWS TV) and PT Rajawali Citra Televisi Indonesia (RCTI), part of MNC Group. Both applicants challenge Art. 1 number 2 on the Law No. 32/2002 on Broadcasting, specifically questioning the definition of broadcasting laid out. The petition has received attention for all the wrong reasons, thanks to MNC Group’s poor communications management.
On Jiwasraya’s Graft Case: PPATK Report and Restructuring
The Government’s plan to save PT Asuransi Jiwasraya (Persero) continues after the Company’s financial statements for 2019 have been completed and audited by a public accounting firm with an Unqualified Opinion (WTP). Meanwhile, the Financial Transaction Reports and Analysis Center (PPATK) reported to the House of Representatives on September 3, 2020 that over the span of 2008 to 2020, the transactions related to Jiwasraya is worth over Rp100 trillion.
The New Law on Constitutional Court
In a plenary session held on September 1, 2020, the House of Representatives officially approved and ratified the Bill to revise the Law No. 24/2003 concerning the Constitutional Court into Law. It's the third revision since the Law was first enacted. Unfortunately,...
Bill to Revise the Law on Prosecutors’ Office
The Attorney General's Office (AGO) has come under intense scrutiny, especially after the attempt to assist Joko Tjandra that allegedly involved law enforcers of several institutions, including the AGO. The Government and the House of Representatives have agreed to...
On Corruption in Talaud Islands: Disappointing Decision
Last year, the Corruption Eradication Commission (KPK) conducted a sting operation and arrested several individuals, including the Regent of Talaud Islands in North Sulawesi. The operation was conducted discreetly. The proceedings of the defendants were also conducted far from media coverage. All parties were found guilty, with the disgraced Regent Sri Wahyumi Maria Manalip was punished to four years and six months in prison. The situation stayed quiet for a while, until Sri decided to go for a Reconsideration. To everyone’s surprise, the Supreme Court ruled in favor of Sri, and reduced her sentence to only two years in prison. The shocking decision is paired with the fact that the KPK cannot file another legal remedy so there is no other option besides accepting the disappointing decision.