On Non-Tax State Revenue in Mining Sector
It has been several years now since several environmental watchdog agencies asked the Government to chase down companies that have failed to pay royalties (non-tax revenues or PNBP) among other things. Some have asked the Government to publish the information on such as negligent companies. A similar reports was also given to the Corruption Eradication Commission (KPK), who had previously stated their commitment to investigate allegations of corruption in the mining sector. But the Government’s commitment began to be questioned after the Ministry of Energy and Mineral Resources conveyed the possibility of writing off the PNBP debts in the mining sector.
More on SNP Finance’s PKPU
After so many ordeals, PT Sunprima Nusantara Pembiayaan (SNP Finance) who is now in their period of Suspension of Debts Payment (PKPU), presented the options for debts payment to the creditors with the help of new public accountant. Related to the Company’s problems, the Ministry of Finance had reportedly sanctioned their previous public accountant Deloitte Indonesia.
Latest Sting Operation in North Sumatera
On the morning of August 28, 2018, the Corruption Eradication Commission (KPK) conducted a Sting Operation in North Sumatera and arrested 9 people, 4 of whom are judges of the Medan District Court. In the afternoon of August 29, 2018, the KPK announced that 4 suspects had been named in an alleged bribery involving an embezzlement case. The embezzlement case itself is interesting because we previously reported it back in April 2018, when we wrote on the background of the Shah family.
Corruption in Danareksa
The Attorney General Office (AGO) are still keen on pursuing cases of corruption involving State-owned Enterprises. The latest target is PT Danareksa (Persero). Recently, the AGO stated that they had escalated the investigation on allegation of corruption involving three companies to the stage of inquisition, unfortunately the AGO did not disclose more information on the companies in question.
Updates on Problems Around AISA
The dispute between the board of commissioners of PT Tiga Pilar Sejahtera Food Tbk (AISA) with its own board of directors is getting worse as Joko Mogoginta decided to file a criminal lawsuit against the board of commissioners last week. Meanwhile, the trial of the other lawsuits filed against the Company continues.
Law Journal
We recently reported on the lawsuits involving PT Internux (Lippo Group), operator of BOLT. The creditors of the Company have given their statement to the national media outlets. From the financial statements of PT First Media Tbk (KBLV) we learned more details of the problems. Meanwhile, the Corruption Eradication Commission (KPK) faced another pre-trial lawsuit filed by four suspects snared in the North Sumatera’s graft case. The first hearing was held this week and the trial is expected to be over by next week.
Asmin Koalindo Tuhup v. Government of Indonesia : Appeal Verdict
Towards the end of 2017, 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. In April 2018, the Jakarta State Administrative Court (PTUN Jakarta) ruled in favor of AKT and cancelled the disputed decision. The Ministry filed an appeal and earlier this month, the Panel of Appeals ruled in favor of the Ministry. The copy of the verdict was published on August 23, 2018.
Regulation on Digital Financial Innovation in the Financial Services Sector
The Financial Service Authority (OJK) recently published the promised regulation on the financial technology sector. The regulation was signed on August 15, 2018 as Regulation of OJK (POJK) No. 13/POJK.02/2018.
Lawsuits around BOLT
Earlier this year, we reported that the Ministry of Communications and Informatics had filed a cassation against the appeal verdict given by the Jakarta High Court, which upheld the verdict given by the Central Jakarta District Court in a dispute against PT Internux (Lippo Group), operator of BOLT. The examination of the cassation petition is ongoing, but since then, Internux has been facing and working on other lawsuits. By the end of 2017, the Company filed a lawsuit against PT Huawei Tech Investment. Two weeks ago, the Company filed a lawsuit against seven parties including Raiffeisen Bank International AG. Earlier last week, the Company must face a lawsuit for Suspension of Debts Payment (PKPU) filed by two of its creditors.
Corruption Journal: Jambi, Jombang, and Purbalingga’s Graft Case
The Corruption Eradication Commission (KPK) appears to be focused on Sting Operations and catching regional leaders in the past two years. The investigations and inquisitions of the suspects and the people allegedly involved in the case are still ongoing. In the mean time, the trials of the snared regional leaders also continue. Last week, the first hearing of the trial of the disgraced Governor of Jambi one Zumi Zola was held and we listened to a more complex indictment if compared to the details previously mentioned by national media outlets. The trials of the bribees in the Purbalingga graft case and the disgraced Regent of Jombang one Suharli Wihandoko also move forward.