Update on the Jakarta Bay Reclamation Project
By the end of 2018, the Governor of Jakarta had decided to stop the controversial Jakarta Bay reclamation projects. Several months later, PT Taman Harapan Indah, a subsidiary of PT Intiland Development Tbk (DILD), filed a lawsuit against the Governor. PT Taman Harapan Indah holds the reclamation license of Island H. The lawsuit had been granted by the Panel of Judges of the Jakarta State Administrative Court (PTUN), but the provincial government decided to appeal. However, the Jakarta State Administrative High Court (PTTUN) decided in favor of the previous decision. There are three other similar lawsuits filed by different developers of the reclamation project. The latest lawsuit was filed by PT Agung Dinamika Perkasa, who do not own any reclamation license, the decision on this lawsuit is scheduled to be read today, Jan. 14. Note that the subsidiary of PT Agung Podomoro Land Tbk (APLN) is only a partner of PT Jakarta Propertindo in the plan to build Island F. By far, interesting to see how PTUN decided to decline the lawsuit filed by PT Manggala Krida Yudha.
KPK’s Sting Operation and Regulations on Wiretapping
The Corruption Eradication Commission (KPK)’s use of wiretapping has been a subject of public debate since the new Law on KPK was promulgated back in September 2019. The Law requires the permission of the Supervisory Board before wiretapping can be done. Many oppose this new rule, for it is seen as an obstacle to corruption eradication.
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 lawsuit applications in five commercial courts increased compared to 2018. Several business sectors are noted for being vulnerable to PKPU and bankruptcy lawsuits.
2020 Legal Outlook: Prolegnas and Omnibus Law (2)
Many concerns accompany the plan to create Omnibus Law. In addition to the previously unknown term, the Government seems very ambitious and almost reckless. The President requested that the entire process be completed by his subordinates and the House of Representatives within three months. For many people, this is impossible.
2020 Legal Outlook : Prolegnas and Omnibus Law (1)
Finally, the work meeting of the Legislative Body (Baleg) of the House of Representatives and the Government approved as many as 50 Bills (RUU) to be included in the 2020 Priority National Legislation Program (Prolegnas Prioritas) 2020 and 248 Bills to be included in the 2020-2024 Prolegnas on December 5, 2019. We are pessimistic that the stakeholders and authorities can meet this target, but apart from the large number of agreed Bills and the performance of legislators, several Bills in the Prolegnas are categorized as Omnibus Law. Interestingly, not all Omnibus Law are initiated by the Government. However, the Government appears to be very serious about their plan and for now it focuses on two Bills. The President has asked the House of Representatives to complete the process in no more than three months.
2020 Legal Outlook: The Corruption Eradication Commission
The 2015-2019 leaders of the Corruption Eradication Commission (KPK) end their term of office today. The last four years have been eventful. On December 17, 2019, the five leaders held a press conference and highlighted their performance.
2020 Legal Outlook: State-Owned Enterprises
Shortly after his inauguration, the Minister of State-Owned Enterprises (SOE/BUMN) Erick Thohir officially announced the dismissal of the President Director of PT Garuda Indonesia (Persero) Tbk (GIAA) one I Gusti Ngurah Askhara Danadiputra (Ari Askhara) following a disgraceful incident. Shortly after, Minister Erick dismissed several GIAA directors. The incident brought to attention the management of GIAA that has been under the spotlight for almost three years ever since the Corruption Eradication Commission (KPK) named it’s former President Director one Emirsyah Satar a graft suspect. But GIAA is not the only SOE plagued with corruption.
Investigation on Jiwasraya
Earlier this week, state-owned insurance company PT Asuransi Jiwasraya (Persero) announced that they were unable to pay for the customer policies with a total value of more than Rp12 trillion, which should be paid in December 2019. After the announcement was made, dozens of customers went to the office of the Ministry of State-Owned Enterprises (BUMN) to ask for certainty.
Update on the Trans-Seram Graft Case
In January 2016, 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, but the investigation and inquisition into the case continue to this day. We almost forgot that the KPK still has one suspect left to be prosecuted. Recently, the KPK began intensifying its examination of the last suspect.
Suspect Nurhadi, Finally
It has been almost four years since the Corruption Eradication Commission (KPK) uncovered a case of bribery in which Nurhadi Abdurrachman, who at the time was the secretary of the Supreme Court, was allegedly involved. Years passed, and Nurhadi is still a free man. On December 16, 2019, the KPK announced that they had named Nurhadi a suspect. Nurhadi is ensnared using another case of bribery, but this is not surprising because the KPK suspects that Nurhadi had accepted bribery and graft well over Rp46 billion.