Law Journal
The trial of the former Commissioner of the General Election Commission (KPU) Wahyu Setiawan, who allegedly abused his authority and received grafts, will soon end. Far from media coverage, on August 3, 2020, the prosecutors read their demands. Separately, the same district court examined a different case, i.e., a family feud over the inheritance of the late Eka Tjipta Widjaja. Freddy Widjaja, the son who demanded his share from his brothers, had decided to withdraw the lawsuit. The court still has to listen to the defendant’s response in a hearing scheduled next week.
AISA’s Dispute: Court Verdict
On July 30, 2020, after being in dispute for nearly two years, Joko Mogoginta and Budhi Istanto (former executives of PT Tiga Pilar Sejahtera Food Tbk – AISA) were finally found guilty of embezzlement. On the same day, the new management of the Company held an...
Global Mediacom v. KT Corporation
KT Corporation, South Korea's oldest and largest telecommunications company, has been in dispute with PT Bhakti Investama Tbk (currently known as PT MNC Investama Tbk – BHIT) and PT Global Mediacom Tbk (BMTR) for over a decade. The parties fight each other through...
Latest on the Bengkalis Graft Case
The Corruption Eradication Commission (KPK) announced its investigation and inquisition into the Bengkalis graft case in August 2017. The KPK named two suspects. Dozens more were named suspects subsequently. One of the remaining suspects was recently declared guilty. The convict is one Makmur a.k.a. Aan, who has been identified as the director of PT Mitra Bungo Abadi. Makmur was named a suspect in March 2019.
Updates on the Jiwasraya Graft Case
The trial on the case of corruption in State-owned insurance company PT Asuransi Jiwasraya continues. The latest hearing was held on July 27, 2020. The accounts of several witnesses provided more information on the conspiracy committed by the defendants for the past several years.
On the Judicial Review against the Revised Minerba Law
In mid-May 2020, the House of Representatives passed the revised Law on Mineral and Coal Mining (Minerba). The revision was enacted as Law No. 3/2020. Until two weeks ago, the Constitutional Court received three applications for Judicial Review challenging the said Law. Towards the end of last week, the preliminary examinations started.
On the Digital Services Tax Investigation
Since last year the Office of the United States Trade Representative (USTR) has investigated the taxes on digital services adopted by France. In June 2020, the USTR again commenced a similar investigation into taxes on digital services adopted or proposed by the European Union and eight countries, including Indonesia. The Indonesian Government has responded with a written response addressed to the USTR.
KPPU Victory: The Imported Beef Cartel Case
In 2016 the Business Competition Supervisory Commission (KPPU) examined the allegations of cartel-like practices involving 32 feedlotters. The KPPU later decided that the said companies had conspired to influence beef prices around the Greater Jakarta area. They were ordered to pay a fine commensurate to the extent of their involvement in the conspiracy. Two companies accepted the punishment, while 30 companies decided to file an objection at the Central Jakarta District Court. The companies that objected to the decision asked the Panel of Judges to conduct an additional examination before continuing with the trial. Nevertheless, the Panel of Judges declined the request and rejected the objection in the hearing held on August 1, 2017. The companies refused to surrender and filed for reconsideration (PK). At the end of 2019, the Supreme Court declined the objections, and on July 24, 2020, the KPPU announced the reconsideration decision as legally binding.
KPPU Victory: PT Citra Prima Sejati
In October 2019, the Business Competition Supervisory Commission (KPPU) handed out sentences to companies that had allegedly violated the Law by delaying their notification of corporate action (acquisition). Among the companies sentenced is PT Citra Prima Sejati, a subsidiary of PT Bumi Resources Tbk (BUMI). The Company was declared guilty in three different cases. PT Citra Prima Sejati filed objections at the South Jakarta District Court. Towards the end of 2019, one of the objections was rejected, while another partially granted. The third objection was rejected in January 2020. The Company filed a cassation, but the Supreme Court ultimately ruled in favor of the KPPU. The Supreme Court handed over a copy of one of the decisions to the district court and the parties recently.
On Corruption in Waskita Karya: New Suspects
In the past few weeks the Corruption Eradication Commission (KPK) has been busy with examining witnesses who are supposedly familiar with cases of alleged corruption that had actually been announced during Agus Rahardjo’s leadership. One of the investigations and inquisitions that finally has shown progress is the case related to the allegations of corruption in the state EPC and toll road developer PT Waskita Karya (Persero) Tbk (WSKT). The KPK officially announced the investigation back in December 2018, and on July 23, 2020, the KPK under Firli Bahuri’s lead finally announced that they had named three new suspects. With the announcement, now the case already have five suspects.