2020 Legal Outlook: PKPU and Bankruptcy
Suspension of debts payment (PKPU) and bankruptcy lawsuits are increasingly in demand as a way out of financial disputes. In 2019, the number of PKPU and bankruptcy lawsuits registered in five commercial courts increased compared to 2018. Several business sectors were also noted as being vulnerable to PKPU and bankruptcy lawsuits. Some disputes even surprised the public. Will such lawsuits remain in vogue in 2020?
KPK’s Sting Operation and Regulations on Wiretapping
The Corruption Eradication Commission (KPK) ‘s was praised earlier this year for opening the year 2020 with two sting operations. Many praised the new KPK leadership for supposedly proving their critics wrong—many had doubted that they’d be able to work objectively given the controversies surrounding the new KPK Law. The warm welcome, however, did not last long. News later emerged that the two sting operations were the result of wiretapping missions led by the previous leadership of the KPK. This then led to questions over the legitimacy of the operations.
Corruption Journal
The Corruption Court of the Central Jakarta District Court recently heard the prosecutors’ demands for Saeful Bahri, who is standing trial for his involvement in the case of corruption involving a Commissioner of the General Election Commission (KPU) Wahyu Setiawan. We know that the Corruption Eradication Commission (KPK) move forward with the prosecution stage even though the key actor in the case, PDIP politician Harun Masiku, is on the run. Recently, there’s also a rumor that Harun is dead. What a mess. Separately, over a year after the KPK named Samin Tan (owner of PT Borneo Lumbung Energi & Metal Tbk (BORN)) a suspect of bribery, this week, the KPK officially named him a fugitive.
On Garlic Import License Graft Case: The End?
Back in August 2019, the Corruption Eradication Commission (KPK) conducted a sting operation and uncovered the allegation of bribery in the issuance of garlic import licenses. The case brought down I Nyoman Dhamantra, who at the time of the incident was a member of the House Commission VI of the House of Representatives from PDI-P. The case has reached the finish line. On May 6, 2020, the Corruption Court of the Central Jakarta District Court read their demands for the last three defendants, including Nyoman.
Supreme Court Regulation on Bankruptcy and PKPU: A Revision
Earlier this year, the Supreme Court issued a Decree that compiles the handbook for bankruptcy and suspension of debt payment (PKPU) settlement. The decree was controversial because it limited the parties who can file PKPU lawsuits. Four months later, in the last week of April 2020, the Supreme Court issued another decree to revise the mentioned decree.
Update on the Meikarta Bribery Case
Nearly two years ago the Corruption Eradication Commission (KPK) uncovered corruption related to the Meikarta township project. Since then, the KPK had named 11 suspects, including the then Regent of Bekasi, officials of the regency and provincial governments, and officials of Lippo group. Far from media coverage, the Corruption Court at the Bandung District Court read their decision for the last defendant of the case, one Bartholomeus Toto two weeks ago. But questions remain.
Problems in Kospin Indosurya Cipta
Since the beginning of 2020, several national media outlets reported the problem in Koperasi Simpan Pinjam Indosurya Cipta (Kospin) and mentioned that it had defaulted. As many as Rp10 trillion of investment made by its client vanished. Some also reported that Kospin is closely related to the Indosurya Group, founded by one Surya Effendi and run by his son Henry Surya. But the group denied any relation with Kospin. However, the recent announcement made by the police proves otherwise. The police had completed the investigation into the problem and named two suspects in case of alleged banking fraud—one of the suspects is Henry Surya.
Updates on the Dispute in Kawasan Berikat Nusantara
It has been a while since we reported on the dispute between PT Kawasan Berikat Nusantara (Persero) (KBN) and PT Karya Citra Nusantara (KCN). The last report was written after the Supreme Court granted the cassation petition filed by KCN and overturned the decision previously made by the district court. We have been waiting for KCN’s official statement since then. In the first week of March, we’re surprised to learn that KCN had been sued by its legal counsel Juniver Girsang. We wondered what happened, but the parties only gave explanations recently. Juniver filed a lawsuit of Suspension of Debt Payment (PKPU). It’s the first time for us to hear of a PKPU lawsuit filed by a legal counsel against a client. The Commercial Court of the Central Jakarta District Court believes the lawsuit must be granted. So KCN is now in its period of temporary PKPU.
On the Budget Mafia Case: The End?
It has been over two years since the Corruption Eradication Commission (KPK) uncovered a case of alleged corruption dubbed as the Budget Mafia Case. The case later ensnared civil servants at the Ministry of Finance as the key individual suspects. Later, the trial left many speechless after news broke that dozens of regions and their respective regional leaders were allegedly involved. Last week, the Court read its decision for the latest defendant in the case, one Sukiman, but questions remain.
Corruption Journal
The Panel of Appeals in charge of the petition filed by the former Chairman of PPP Romahurmuziy (Rommy) had ruled in favor of Rommy. Rommy was previously convicted for accepting bribes from several officials of the Ministry of Religious Affairs. He was sentenced to two years imprisonment. But with the appeal decision, his sentence was halved. The Corruption Eradication Commission (KPK) filed a cassation to the Supreme Court, but the Supreme Court released Rommy. Separately, Emirsyah Satar, the former president director of PT Garuda Indonesia (Persero) Tbk, who is standing trial for allegedly receiving bribes and committing money laundering, pleaded not guilty last week.