Chuck Suryosumpeno v. Attorney General’s Office: The Dispute Continues
It has been three years since we were exposed to the internal dispute between the Attorney General’s Office (AGO) and their own prosecutor, i.e., the former Chief of Maluku High Prosecutors’ Office (Kajati Maluku) Chuck Suryosumpeno. Prosecutor Chuck was demoted in 2015 for allegedly embezzling the assets recovered from the Bank Indonesia Liquidity Assistance (BLBI) case worth Rp1.9 trillion. Chuck fought back and filed several lawsuits demanding his old position. But Chuck’s fight ended on the stage of cassation with the Assembly of Cassation of the Supreme Court rejecting his petition. After that, Chuck was officially dismissed from his position and sacked from the institution. Chuck once again fought for his rights, but his attempt failed. Unwilling to give up, on September 21, 2018, Chuck filed another lawsuit at the Jakarta State Administrative Court.
Towards Agrarian Reform
Last Week, President Joko “Jokowi” Widodo issued the Presidential Instruction (Inpres) No. 8/2018. This Inpres requires all State officials to stop the expansion of oil palm plantations temporarily (moratorium) and to evaluate oil palm plantations. This Inpres was signed in the midst of criticisms that the Government is only focused on distributing land certificates and is not serious in handling agrarian problems as a whole.
KPPU Journal
The Business Competition Supervisory Commission (KPPU) recently read their decisions on three different cases. In two of these cases, the Commission Assembly ruled the parties had committed violations. Whereas in the case of alleged delays in the acquisition of PT Axioo Internasional shares by PT Erajaya Swasembada Tbk (ERAA), the Commission Assembly stated that the business carried out by the parties was exempted from the provisions of the Law.
The KPK: New Officials and Remaining Problems
On September 20, 2018, the Corruption Eradication Commission (KPK) officially welcomed three new officials, one of whom is the Deputy Director of General Crimes at the Criminal Investigation Unit (Bareskrim) Senior Commissioner (Pol.) R.Z. Panca Putra Simanjuntak who replaced Aris Budiman as director of investigation. Employee rotation and transfer has been a source of recurring problems in the KPK. Their employees protested last month, and now several employee representatives have filed a lawsuit to the Jakarta State Administrative Court, asking the KPK leaders to address personnel management issues.
Gunawan Jusuf v. Toh Keng Siong: The Dispute Continues
For the past three years, Gunawan Jusuf’s name keeps appearing on several district courts case registration system, either for filing lawsuits or being sued. This year is no exception. On August 30, 2018, Gunawan and several parties filed a pre-trial lawsuit at the South Jakarta District Court against the National Police’s Criminal Investigation Unit (Bareskrim), at the heart of the lawsuit is the prolonged dispute between Gunawan’s Makindo group and businessman Toh Keng Siong. The root of the dispute can be traced back to a cooperation agreement the parties entered into over two decades ago.
Medco Energi & Disputes
PT Medco Power Indonesia, subsidiary of PT Medco Energi Internasional Tbk (MEDC) founded by Arifin Panigoro, recently filed a lawsuit against several parties including Energy World Corporation Ltd which is linked to the ASX listed Energy World Limited (EWC) to the South Jakarta District Court. At the heart of the dispute is the shares purchase agreement supposedly agreed in 2015.
PKPU and Bankruptcy Journal : BOLT and Kertas Leces
The Commercial Court of the Central Jakarta District Court finally granted the lawsuit for Suspension of Debts Payment (PKPU) filed against PT Internux (Lippo Group), operator of BOLT. The Company is now in the temporary PKPU period which will last for 44 days. Meanwhile, the Commercial Court of the Surabaya District Court has postponed the last hearing in the trial of cancellation of peace agreement of PT Kertas Leces (Persero), a State-owned Enterprise (BUMN). The hearing is rescheduled to next week and it will determine the BUMN’s fate.
Garuda Indonesia v. Rolls-Royce
We all know that the Corruption Eradication Commission (KPK) is investigating the case of alleged corruption in PT Garuda Indonesia (Persero) Tbk (GIAA) involving the UK-based engineering company Rolls-Royce. The investigation has been running for over a year now, but nothing has happened since the announcement of suspects. The latest news is that on September 13, 2018 GIAA filed a lawsuit at the Central Jakarta District Court against Rolls-Royce Plc and Rolls-Royce Total Care Services Limited.
Bakrie & The Bribery Case of TGB/Newmont Divestment (2)
Divestment of 24% shares in PT Newmont Nusa Tenggara/NNT (now PT Amman Mineral Nusa Tenggara) by Bumi Resources, controlled by Bakrie Group, to a consortium led by Medco Energi (MEDC) two years ago is reportedly among subjects of the investigation by the Corruption Eradication Commission (KPK).
Pressure on the KPU
The debate on the plan to ban ex-graft-convicts from participating in legislative election is over. Last week, the Supreme Court reportedly granted the judicial review petition filed by one politician, who is a former graft convict. But even with the news, the General Election Commission (KPU) are still trying to buy time.