COVID-19 Outbreak: National Economic Recovery Program (2)
The House of Representatives passed the Government Regulation in Lieu of Law (Perppu) No. 1/2020 into Law on May 12, 2020. A day before, the President issued the Government Regulation (PP) No. 23/2020, which is one of the implementing regulations of the mentioned Perppu. PP 23 outlines the implementation of the national economic recovery program, with several main focuses, including providing State Capital Injection (PMN) and other assistance funds for State-Owned Enterprises (BUMN). Earlier this week, the Minister of Finance announced the implementation of the program.
Improving Law Enforcement in the Field of Taxation
The Tax Court recently extended the period of preventing the spread of Coronavirus Disease 2019 (COVID-19). Thus, the period for the temporary suspension of the conduct of trials, as well as the terms of the filing of appeals and lawsuits, are extended. We often see tax disputes go wrong. We’ve heard that in trying to get taxpayers to meet their obligations, the taxpayers must be forced by being held hostage (gizjeling). Some officers even die because of tax disputes. To avoid all collateral damages, a Tax Court is required. Although not well known by the public, this court has a vital role in maintaining justice for handling taxation issues in Indonesia.
COVID-19 Outbreak: The End of Judicial Review?
On May 12, 2020, the House of Representatives passed the Government Regulation in Lieu of a Law (Perppu) No. 1/2020 on the reallocations of the 2020 State Budget for COVID-19 mitigation. The Perppu is being examined in three Judicial Review trials, but since it’s been promulgated into Law, the object of the said Judicial Review petitions no longer exists. What happens now?
PT PAL Indonesia v. MS Borneo Reederei
In early March 2020, PT Penataran Angkatan Laut Indonesia (PAL Indonesia) (Persero) filed a lawsuit against Germany-based MS. Borneo Reederei M Lauterjung GmbH & Co KG to resist the seized execution (executorial beslag) determined by the Central Jakarta District Court in 2014 and followed by the auction determination in 2015. This is not a simple dispute. It has been going on for nearly a decade. A mediation attempt made earlier this month has failed to produce an agreement. So the trial will resume in June 2020.
The Latest on the Medan Graft Case
Nearing the end of 2019, the Corruption Eradication Commission (KPK) conducted a sting operation and uncovered a case of corruption involving the then Mayor of Medan Dzulmi Eldin. The KPK named three suspects. The alleged briber was recently found guilty. Meanwhile, the trial of the disgraced Mayor and one other suspect continues.
Update on the Dispute in Kawasan Berikat Nusantara: Peace for KCN?
In the first week of March 2020, a lawsuit against PT Karya Citra Nusantara (KCN) was registered to the Commercial Court of the Central Jakarta District Court. Listed as the plaintiff is the Company’s former legal counsel Juniver Girsang. Juniver had supposedly demanded US$1 million in success fee. The court granted the lawsuit. KCN was forced to restructure its debt. It managed to use the temporary PKPU to resolve the issue with the majority of its creditors. On May 14, 2020, the Panel of Judges was supposed to read the peace agreement, but the hearing was postponed.
COVID-19 Outbreak: National Economic Recovery
The House of Representatives had passed the Government Regulation in Lieu of Law (Perppu) No. 1/2020 into Law during the plenary session held on May 12, 2020. A day before, the President issued Government Regulation (PP) No. 23/2020, which is one of the implementing regulations of the mentioned Perppu. PP 23 outlines the implementation of the national economic recovery program with several main focuses. The Government’s fast action in providing a legal basis is needed now more than ever, but even so, some criticize the policies planned by the Government.
Latest on Sugar Distribution Graft Case
Eight months ago, the Corruption Eradication Commission (KPK) uncovered a case of corruption involving several officials of State-Owned PT Perkebunan Nusantara III (Persero) (PTPN III). The KPK named several suspects, including then Managing Director of PTPN III, one Dolly Pulungan. The alleged briber was found guilty on May 13, 2020. The prosecutors read their demands for Dolly and another defendant (the bribee).
Update on the Montara Oil Spill Case
Nearly eleven years have passed since the Montara H1-ST1 wellhead caught fire in 2009. The incident supposedly caused environmental damages to Indonesia’s coast. The companies involved in the case, however, insisted on their innocence. Representatives of the affected people decided to file a class-action lawsuit in the Australian Federal Court, and the proceeding continues. Meanwhile, the Government formed a task force to resolve the problem, but we have not heard of any significant progress.
Update on the Jakarta Bay Reclamation Project
It has been almost five years since the dispute over the Jakarta Bay reclamation project was taken to court. Since then, a lot has happened, including the investigation into the case of corruption. Licenses for the reclamation were revoked by the Governor of Jakarta in 2018, but the developers fought back. Most of the lawsuits were granted. The latest decision was given by the Jakarta State Administrative Court (PTUN Jakarta) for PT Muara Wisesa Samudra (MWS), a subsidiary of PT Agung Podomoro Land Tbk (APLN). So far, the court almost always decided in favor of the developers. So it is not surprising to know that even the High Court (PTTUN) recently denied Jakarta’s appeal in the case against PT Jaladri Kartika Pakci. At around the same time, the President also issued a Presidential Regulation, explaining the continuation of development on the four islands.