Revisiting Bank J Trust v. Weston
Last week, Asia Sentinel published their story on an alleged criminal conspiracy conducted under the administration of President Susilo Bambang Yudhoyono (SBY), particularly regarding Bank Century. The story quickly went viral, triggering the threat of lawsuit from the Democratic party. That story is already well known. We’re going to focus instead on the party mentioned in Asia Sentinel’s report, the party that prompted the allegation: Weston International Capital Limited, an investment firm who, for several years now, have refuse to stop “investigating” the case.
Bakrie & The Bribery Case of TGB/Newmont Divestment
We believe some of you have read cover story of Tempo magazine this week about bribery allegation against Zainul Majdi AKA Tuan Guru Bajang, the outgoing governor of West Nusa Tenggara (NTB) province. At the heart of the investigation is flow of funds from PT Recapital Asset Management related to the acquisition of 24% shares of then PT Newmont Nusa Tenggara (now PT Amman Mineral Nusa Tenggara) by Bakrie Group.
On Problems around AISA : Updates
As per last week, PT Tiga Pilar Sejahtera Tbk (AISA) and its subsidiaries officially entered their fourth period of Suspension of Debts Payment (PKPU). The upcoming days will definitely be exhausting for the AISA’s legal counsels. Apart from the PKPU process, the dispute between AISA’s board of directors and board of commissioners is getting more complicated and prompted the commissioners to send subpoenas for the notary responsible in registering the results of the disputed General Meeting of Shareholders (RUPS).
New Lawsuit against Duta Pertiwi Tbk
Within the past three months, PT Duta Pertiwi Tbk (DUTI), the sister company of PT Bumi Serpong Damai Tbk (BSDE) had been sued twice by different parties at the Central Jakarta District Court. What’s interesting about the lawsuits is that the object of the dispute is the same. Last week, the Central Jakarta District Court registered yet another lawsuit against DUTI, but this time the lawsuit is related to a different object of dispute.
On MCOR’s Cessie Dispute: Pre-Trial Lawsuit
Within the past two months, several events happened in relation to the disputes over the debt-claiming rights (cessie) involving PT Geria Wijaya Prestige (GWP) and PT Bank China Construction Bank Indonesia Tbk (MCOR). After Tomy Winata entered the dispute earlier this year, making it even more complicated than it already was, Hartono Karjadi was named a suspect by the Bali regional police in July 2018. After that, Fireworks Ventures Limited filed a police report in Jakarta against the board of directors of MCOR. Recently, Hartono filed a pre-trial lawsuit at the South Jakarta District Court against the Chief of the National Police and the Head of the Specific Criminal Investigation Directorate of the Bali regional police. The trial is ongoing and is expected to be completed next week.
Kapuasindo Palm Industry v. Boma Bisma Indra
PT Kapuasindo Palm Industry, subsidiary of Sinarmas Group, recently filed a tort lawsuit against PT Boma Bisma Indra (Persero), a State-owned Enterprise based in East Java. In the lawsuit, Kapuasindo demanded a compensation of over Rp123 billion.
Revisiting the Battle againts the Perpetrators of Forest Fires
The 2015 forest fires started a new chapter in the Government’s battle against the perpetrators of forest fires. The perpetrators are not only individuals but also companies. Even before the Government was able to end the forest fires, the Ministry of Environment and Forestry had imposed various sanctions to over 20 companies. By the end of that year, the Government began filing lawsuits to dozens of district courts. Today, three years later, the battle continues. The Ministry recently claimed that since 2015, the Government had won lawsuits with a total amount of compensation to be paid reaching Rp17.82 trillion. But will they, or rather can they, pay?
On Emirsyah Satar’s Case – Key People?
This week, the Corruption Eradication Commission (KPK) continue their examinations of witnesses related to the case which ensnared the former President Director of PT Garuda Indonesia (Persero) Tbk Emirsyah Satar. The KPK has so far examined several familiar names who are (coincidentally) linked to other familiar names. Although the KPK have not published any important progress, we can’t help but wonder. It is interesting to see how the KPK are treating Emirsyah and Soetikno Soedarjo in comparison to other graft suspects. After almost two years of investigations, the two suspects remain free. Soetikno reportedly celebrated his birthday two weeks ago in Thailand.
Bakrie Telecom and the Debts to the Government
In October 2014, PT Netwave Multi Media, which was one of the business partners of PT Bakrie Telecom Tbk (BTEL), filed a lawsuit for Suspension of Debts Payment (PKPU) which then forced BTEL to conduct debts restructuring. The peace agreement was successfully promulgated within just two months. In the peace agreement, the Ministry of Communication and Informatics is listed as a creditor and has receivables of Rp1.2 trillion. But the Ministry filed a lawsuit for Reconsideration in 2015, which questioned the peace agreement and questioned the clarity of the Ministry’s position as a creditor. The lawsuit was rejected by the Supreme Court and three years later, the situation with BTEL remains unchanged.
KPPU Journal: Cassation Verdict on Poultry Cartel Case
Last week the Supreme Court published the verdict on the Cassation petition filed by Business Competition Supervisory Commission (KPPU) in relation to the punishment for the cartel-like practices which was examined back in 2016.