Sugico Group v. Reliance: New Chapter
Over a year ago the Jakarta High Prosecutor’s Office (Kejati Jakarta) issued a warrant for the commencement of inquisition (sprindik) on the allegation of corruption in the procurement of coal for PT Perusahaan Listrik Negara (PLN) in Muara Enim, Palembang, South Sumatera. The Kejati named two suspects in the case, one of whom is Kokos Jiang (previously known as Kokos Leo Lim), the owner of Sugico group. In August 2018, Kokos’ name was once again mentioned after it was revealed that Reliance Power Netherlands BV, a wholly owned subsidiary of Indian power producer Reliance Power Ltd, had won an international arbitration award of US$56 million against Prestige Capital Holdings Ltd, a Seychelles based Company and Kokos Jiang. The dispute between Kokos and Reliance continued as Kokos filed a tort lawsuit at the Central Jakarta District Court against Reliance and several other parties several months later. Meanwhile, the Kejati moved on with their inquisition and Kokos faced trial by the beginning of 2019. But despite the problems and ongoing proceedings, Kokos still has the energy to file another lawsuit recently against Reliance Power Netherlands BV.
KPK’s MidYear Performance
For the past several years sting operations have been one of the weapons that the Corruption Eradication Commission (KPK) rely on to eradicate corruption. But unlike 2018, this year the said weapon has not worked as expected.
On the Jakarta Bay Reclamation Project : Another Lawsuit
Two months ago we reported on the lawsuit filed against the Governor of Jakarta after he decided to stop the controversial reclamation project on the Jakarta Bay. Two weeks ago, another lawsuit was filed against the Governor related to the same project, but with a different object. This time the lawsuit was filed by PT Jaladri Kartika Pakci, the developer of Island I. If the previous lawsuit was filed by PT Manggala Krida Yudha, which some source said are controlled by the late President Soeharto’s children, PT Jaladri Kartika Pakci is indirectly owned by PT Agung Podomoro Land Tbk (APLN).
Latest on the Corruption in Central Kalimantan
The trial of the graft case involving PT Binasawit Abadi Pratama (BAP) and several members of the Central Kalimantan Regional Representative Council (DPRD) will end soon. Two months ago the Corruption Court at the Central Jakarta District Court read the verdict for the bribers. Recently, the same court listened to the Prosecutors’ demands for the bribees.
Lawsuit against Ministry of Transportation
The past year has been tough for the Ministry of Transportation. The corruption practices in the Ministry were exposed to the public, the dispute over management of PT Karya Tekhnik Utama between PT Karya Citra Nusantara (KCN) and PT Kawasan Berikat Nusantara (Persero) (KBN) also dragged the Ministry, and since the end of 2018, the Ministry is subject to public outrage over soaring airline ticket prices. But that’s not all. In the last week of May 2019, the Ministry was sued by PT Duta Tambang Gunung Perkasa over the decision of the Director General of Sea Transportation to give the permit build and operate Nickel Mining Special Terminal to PT Bhumi Karya Utama. This lawsuit adds to the long list of problems in the Ministry of Transportation, but what’s interesting about this lawsuit is that the two companies mentioned are not free of problems.
On Meikarta Bribery Case : Verdicts for the Bribees
The Corruption Court of the Bandung District Court finally made decisions for the last five defendants in the case of bribery involving Billy Sindoro and the former Regent of Bekasi one Neneng Hassanah Yasin. As we all know, the former allegedly bribed the latter to obtain licenses for the Meikarta township project; a project developed by PT Mahkota Sentosa Utama, previously subsidiary of PT Lippo Cikarang Tbk (LPCK). During the last hearing on May 29, 2019, the Panel of Judges read their demands on the bribees. But even though the trials are now over, the KPK should continue their investigation.
AKT’s Latest Move
It’s been almost two years since PT Asmin Koalindo Tuhup (AKT), a subsidiary of PT Borneo Lumbung Energi & Metal Tbk (BORN) belonging to Samin Tan, filed a lawsuit against the Minister of Energy and Mineral Resources over the Ministry’s decision to terminate the coal mining concession agreement (PKP2B) between the two parties. The proceedings lasted to the stage of cassation where the Supreme Court ruled in favor of the Ministry. In addition to the Company’s problem, we all know that Samin Tan was named suspect by the Corruption Eradication Commission (KPK) on the allegation that he tried to save AKT by bribing the authorized parties. The investigation into the case is ongoing, and it’s already mentioned the allegation of involvement of the Minister of Energy and Mineral Resources Ignasius Jonan. But the mentioned problems are not enough to keep AKT away from public attention. Recently, AKT filed a lawsuit to the Jakarta State Administrative Court. The lawsuit was filed against the Minister of Trade.
Sjamsul Nursalim and Trial In Absentia
By the end of February 2019, we learned that Sjamsul Nursalim through his legal counsel filed a civil lawsuit against an auditor of the Supreme Audit Agency (BPK) and also against the institution of BPK concerning the audit report on the Bank Indonesia Liquidity Assistance (BLBI). Not long before we learned about the lawsuit, the Corruption Eradication Commission (KPK) told the press they had started a new inquisition into the BLBI graft case, which usually means that the KPK already has a new suspect, but the KPK was silent, until yesterday. On May 28, 2019, the KPK finally admit that they had named Sjamsul as the new suspect in the case. However, there are no further details on the decision. The KPK said they could prosecute Sjamsul in a trial in absentia. But even if later Sjamsul is declared guilty, can the KPK execute the verdict if they use this method to proceed with the investigation?
Dispute in Karya Putra Borneo
Back in 2015, we heard of the news on the bankruptcy of PT United Coal Indonesia. At the time, in addition to several assets, the Company also reportedly had shares in PT Karya Putra Borneo. The insolvency process, however, faced several obstacles. Apart from the bankruptcy case, there is also dispute in PT Karya Putra Borneo, and the dispute continues to this day as the Company’s shareholders continue fighting against each other.
KPK Marathon Examinations
The Corruption Eradication Commission start this week busy. On the same day on May 27, 2019, the KPK conducted several examinations on the witnesses for several different cases of alleged corruption. The cases examined are varied from cases that had just been revealed to cases that had long been investigated.