Regulating Beneficial Ownership
The President signed the President Regulation (Perpres) on the Implementation of Principles of Recognizing the Beneficiaries of Corporations in the Framework of the Prevention and Eradication of Money Laundering and Criminal Acts of Terrorism, otherwise known as the Perpres on Beneficial Ownership, on March 1, 2018. And yet it took the Government close to two years to issue the implementing regulations for the said Perpres.
Susi Air, Airfast and Aviastar
On December 12, 2019, the Commercial Court at the Central Jakarta District Court registered a lawsuit on Suspension of Debts Payment filed by two aviation companies against one other aviation company. The lawsuit itself is just an ordinary lawsuit. The parties in dispute are what makes the case interesting.
Indra Setiawan vs Heru Hidayat
Commercial court of Central Jakarta has ruled in favour of investor Indra Setiawan in his lawsuit against PT Topaz Investment, Heru Hidayat, PT Dhanawibawa Sekuritas, PT Permai Alam Sentosa, and PT Kustodia Sentral Efek Indonesia related to a dispute over stock repurchase agreement otherwise popular as Repo deal.
Latest on the Struggle to Ban Ex-Graft Convicts from Running in Elections
Several days ago, we reported that the General Election Commission (KPU) had decided to postpone the publication of a regulation that would ban ex-graft-convicts from participating in the upcoming regional elections. On December 11, 2019, the Constitutional Court (MK) decided to partially grant the judicial review petition filed by the Indonesia Corruption Watch (ICW) and the Association for Elections and Democracy (Perludem). MK ruled that ex-graft convicts must wait for five years after completing their prison term before they could enter politics. The Decision is a gamechanger, but we have to note that it’s only related to the Law No. 10/2016 on Elections of Regional Leaders.
On Corruption in the Riau Island
Five months after the Corruption Eradication Commission (KPK) conducted a sting operation in the Riau Islands, the corruption court declared one defendant in the graft case guilty. Trials of the other defendants are ongoing, and so are the investigation and inquisition process.
Latest on the Corruption in Jambi
Near the end of 2017, the Corruption Eradication Commission (KPK) uncovered a corruption scheme in Jambi. The investigation into the case brought down Governor Zumi Zola, who was convicted in December 2018. The KPK later named dozens of members of the Jambi DPRD as suspects. We noted that the investigation should get to the bottom of the problem because the trials of the convicts revealed allegation that over 50 members of the DPRD had received money from the scheme. On December 10, 2019, the Court read its verdict for the briber.
On the Battle against Perpetrators of Forest Fires
In August 2019, the Riau Regional Police announced that they had named a corporate suspect whom they believe is responsible for contributing to the spread of forest fires in the region. The Company is the first corporate suspect announced to the public this year related to forest fires. We recently learned that the docket of the case had been expedited to the stage of prosecution. The police also named the Company’s executive as a suspect. The first hearing of the trial is to be held on December 12, 2019.
More Pre-Trial from MAKI
Dec. 9 is International Anti-Corruption Day. This year, the Association of Indonesian Anti-Corruption Society (Perkumpulan MAKI) will celebrate their way. MAKI’s leader Boyamin Saiman filed five pre-trial lawsuits demanding clarity on the status of five cases of corruption. The lawsuits were registered at the South Jakarta District Court.
Latest on the Judicial Review on the Amendment to the Law on KPK
By the end of November 2019, the Constitutional Court had read their decision on the first Judicial Review that challenged the amended KPK Law. The petition was not accepted, and the legal counsel of the applicants reacted strongly against the decision. Apart from that, the Court continued examining other petitions filed on the same object.
KPU and the Struggle to Ban Ex-Graft Convicts from Running in Elections
It feels like we have not been able to take a proper break from the hectic 2019 general election. Indonesia is already preparing for the 2020 simultaneous regional election, which will be held in September next year. In connection to that, the General Election Commission (KPU) announced that they were drafting a regulation that would ban ex-graft-convicts from participating in the upcoming regional elections. Unfortunately, the plan is once again postponed.