Provisions on Pre-Trial and Edward Soeryadjaya’s Case
Senior advocate Minola Sebayang, who is also the chairman of the Indonesian Association of Young Advocates (AAMSI), filed a judicial review petition at the Constitutional Court—questioning the process of examining a pre-trial lawsuit—but the petition was rejected by the Assembly of Justices on October 30, 2018. This judicial review petition reminded us of graft case involving Dana Pensiun Pertamina involving Edward Soeryadjaya.
Merpati Waiting for Miracle
Even though Kim Johannes Mulia and his company had agreed to help PT Merpati Nusantara Airlines, the State-Owned Airlines is still on the verge of bankruptcy. The Ministry of Finance as the holder of the biggest amount of receivables and as a separatist creditor had decided to reject Merpati’s peace proposal. The Ministry promised an explanation, but until this article is written the explanation has not been provided. It is now up to the Panel of Judges of the Commercial Court of the Surabaya District Court to decide whether Pertamina shall survive bankruptcy.
KPK and the Borrowed Investigators: Police Investigation
IndonesiaLeaks recently published their report on the obstruction of justice supposedly committed by two of the former investigators of the Corruption Eradication Commission (KPK) in the first week of October 2018. The parties mentioned in the report, including the Chief of the National Polce General (Pol) Tito Karnavian, had dismissed the allegations. The Police followed up with an investigation of their own into IndonesiaLeaks’ allegations. What’s interesting is that the police chose not to investigate internally. So what are they investigating?
Peace for Internux
PT Internux, the operator of BOLT, was able to come up with an agreement with their creditors over their period of temporary Suspension of Debts Payment (PKPU). On October 30, 2018, the majority of Internux’s creditors agreed to resolve the dispute, but we need to note that majority of their creditors are companies with affiliation to the debtor (and Lippo group). The process is also far from peaceful because one particular creditor decided to step away from the PKPU process and will resolve their dispute with other legal means.
Updates on the Pari Island Disputes
The dispute related to the Pari Island land ownership feud is far from over. To refresh our memory, recall that the Adijanto family (who claimed to be the rightful owner of almost 90 percent of total area of the island through their business group) had decided to sue several residents of the village on allegation of property encroachment and illegal levies. Three residents were found guilty for taking illegal levies. Several days ago, however, the Jakarta High Court decided to annul the verdict and acquitted the convicts. One other resident, i.e., Sulaiman bin Hanafi a.k.a Khatu (the head of village in the island) is standing trial on allegation of property encroachment. The verdict of the High Court gave new hope for the residents of the island. Before the verdict was made public, the residents filed complaints to the Ombudsman of the Republic of Indonesia.
Corruption Journal : Taufik Kurniawan and James Riady
It’s official. The Corruption Eradication Commission (KPK) has named the Deputy Speaker of the House of Representatives one Taufik Kurniawan (PAN) a graft suspect for his alleged involvement in the case of corruption that has also brought down the Regent of Kebumen one Yahya Fuad. On the same day, the KPK examined Lippo Group’s James Riady as a witness in the case of bribery involving the Regent of Bekasi one Neneng Hasanah Yasin.
Development of the Kebumen Graft Case
The Corruption Eradication Commission (KPK) did not stop investigating the case of corruption in Kebumen even though the majority of the suspects had been convicted. The latest suspect to be convicted is the disgraced Regent of Kebumen one M. Yahya Fuad. Several days after the verdict for Yahya was read, the KPK issued a travel ban on the Deputy Speaker of the House of Representatives one Taufik Kurniawan (PAN). So the investigation is getting even more interesting. Note that the case also ensnared PT Putra Ramadhan (Tradha) as a corporate suspect of money laundering.
Latest Sting Operation in Central Kalimantan: Eyes on SMAR?
The Corruption Eradication Commission (KPK) conducted another Sting Operation on October 26, 2018 in Central Kalimantan and arrested 14 individuals. The KPK then announced that they had named 7 suspects bribery involving PT Binasawit Abadi Pratama (BAP) and members of the Central Kalimantan DPRD. One of the suspects is the Vice President Director of PT Sinar Mas Agro Resources and Technology Tbk (SMAR) one Edy Saputra Suradja. SMAR announced Edy’s resignation from the Company on October 29, 2018. Will this case lead to SMAR being named as a corporate suspect? Is that possible?
The Constitutional Court Reaffirms the Presidential Threshold
The Constitutional Court (MK) once again rejected the judicial review that sought to challenge presidential threshold set in the Law No. 7/2017. The decision thus reaffirms the status quo of 20 percent of the seats in the House of Representatives or 25 percent of national votes required for endorsing a pair of presidential and vice presidential candidates.
Sugico Group v. Reliance: The Dispute Continues
Earlier this year the Jakarta High Prosecutor’s Office (Kejati Jakarta) issued a warrant for the commencement of inquisition (sprindik) on allegation of corruption related to 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 continues as Kokos filed a tort lawsuit at the Central Jakarta District Court against Reliance and several other parties last week.