On Corruption in PT Timah : The Trials

Apart from the power struggle and all the drama in Jakarta, the situation that for us is full of misinformation and reminds us of the aftermath of the 2019 election, the investigation into the case of alleged corruption related to the tin trading system carried out in the Mining Business License (IUP) area owned by PT Timah Tbk (TINS) is still ongoing. As per this week, 18 suspects in two different cases have faced the prosecution stage and five more suspects will follow. The number will increase if the Attorney General’s Office (AGO) is keen to get to the bottom of the criminal scheme.

KPU and the Constant Dilemma

In the midst of the dramatic power struggle in Jakarta, in recent years the one party that has often suffered the negative impacts is the General Elections Commission (KPU). We have always paid attention to this, how the KPU intended to regulate on something important but later had to surrender to parties with interest. Now, the KPU is once again under pressure, unfortunately the mainstream media chose not to report it in detail, but this is not surprising.

Mahkamah Kontroversi (4) : Ultra Petita and the Chaos

By now we agree, what the Constitutional Court did through Decision No. 90/2023 cannot be justified, however, if the decision has been implemented, then the possibility of similar incidents is not something that should be prohibited. This is what happened with Decision No. 60/2024. Unfortunately, the Constitutional Court worsened the situation by adding and making a decision that was not requested by the applicants, a provision that should be the authority of the House of Representatives. However, this information is rarely discussed to the public so the chaos of the past few days can occur.

Mahkamah Kontroversi (3) : Enter the Supreme Court and More Controversy

After a series of controversies, the Constitutional Court finally faced an equal opponent: the Supreme Court. Towards the end of May 2024, the Supreme Court granted an application for Hak Uji Materi (Judicial Review – HUM) on the calculation of the age limit of regional leader candidates. What makes the application interesting is that, while previously the Constitutional Court was considered to be in favor of Gibran Rakabuming Raka, this time the Supreme Court is considered to be siding with the candidacy of Kaesang Pangarep, Gibran’s younger brother and President Jokowi’s youngest son. Kaesang is currently leading Partai Solidaritas Indonesia (PSI).

Mahkamah Kontroversi (2) : The Controversies

The Constitutional Court’s decision back in 2023 to allow anyone under 40 years of age to run as a presidential or vice presidential candidate as long as they have served or are currently serving in a position elected by the public has caused prolonged debate and even political division, but we have noted that the Constitutional Court has long been considered a political tool. Despite all the debate, the Court’s decision is final and binding on all parties, meaning that other related parties must develop or revise the implementing regulations that follow the Constitutional Court’s decision. However, if it can be made more complicated, why make it easier, right?

Mahkamah Kontroversi (1) : Questioning the Constitutional Court

The past year has been a rollercoaster ride for the people of Indonesia. It all started when the Constitutional Court, under the leadership of Chief Justice Anwar Usman, participated in paving the way for the nomination of Gibran Rakabuming Raka as a vice presidential candidate. Many parties called for the decision to be overturned, but we know for sure that all parties need the same help. Now, the situation has reversed. The Constitutional Court under the leadership of Chief Justice Suhartoyo partially granted another Judicial Review application. Interestingly, this decision is ultra petita. The Constitutional Court also decided on something that was not requested and changed the threshold for nominating regional leaders candidates for the upcoming 2024 simultaneous Regional Elections. Parties who previously asked for the Constitutional Court’s decision to be overturned are now urging that the decision be implemented. But this is not the whole story.

Pollux and Its Legal Issues

‘Market value’ of Pollux Properties (POLL) had previously matched the Ciputra Group and various other property companies, something that was hard to believe. However, that glory did not last long. Since 2020, the Group and its subsidiaries often face legal problems. Until 2020 alone, there were at least nine lawsuits filed related to two subsidiaries, including PT Pollux Aditama Kencana (PT PAK). Since 2021 until now, there have been at least 20 lawsuits related to PT PAK.

KPPU Examination on Morula IVF

PT Morula Indonesia (Morula IVF), a subsidiary of PT Bundamedik Tbk (Bundamedik Healthcare System – BMHS), took a corporate action in 2022 by acquiring a majority shares in PT Medika Sejahtera Bersama (PT MSB), a company that manages the Pusura Mother and Child Hospital (RSIA Pusura) in Tegalsari, Surabaya. Referring to the provisions of the existing law, Morula IVF is obliged to report or provide notification of this corporate action to the Business Competition Supervisory Commission (KPPU) within a certain time limit. Unfortunately, the notification was made past the time limit. Morula IVF was then examined on suspicion of committing a violation. At the beginning of this week, interestingly, Morula IVF admitted to having committed a violation.

On Corruption in LPEI (Eximbank)

Earlier this year an interesting “clash” happened. The Minister of Finance visited the AGO and brought along reports on four debtors of the LPEI, alleging fraudulent acts which caused losses to the State. The interesting part is, days after that, the Corruption Eradication Commission (KPK) stepped forward and announced that they had commenced investigation and inquisition into the similar allegation. At the time, the KPK looked like they wanted to steal the spotlight from the AGO, because we know it was the AGO who investigated similar allegations implicating LPEI several years ago. But the situation was quickly forgotten. Towards the end of last week, another interesting situation happened, as the AGO decided to hand over some of the investigation to the KPK, in what the institution call a synergy.

On Corruption in DJBC : Demands for Eko Darmanto

Last year, with the help of a series of witch hunts, the Corruption Eradication Commission (KPK) managed to uncover several cases of alleged corruption including the ones concerning the Directorate General of Customs and Excise (DJBC). In one of the cases, KPK has named the former Head of the Customs and Excise Office in Yogyakarta, Eko Darmanto, as suspect. Just like the other graft suspects, Eko is trapped in his own habit of showing off his wealth. His trial started in May 2024 and was examined by the Corruption Court at the Surabaya District Court. Unfortunately, unlike his greedy acts of corruption, in addition to allegations of money laundering, the court proceedings went far from media coverage and towards the end of last week, the KPK prosecutors had read out their demands.

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