Law Journal: Sebuku Group’s Case, and the Strange Verdict in favor of PT Kalista Alam
In January 2018, the Governor of South Kalimantan one Sahbirin Noor decided to revoke the mining business permit (IUP) of three subsidiaries of Sebuku Group. The companies, represented by Yusril Ihza Mahendra, questioned the decision at the Banjarmasin State Administrative Court (PTUN Banjarmasin), and the PTUN eventually published an interlocutory decisions to delay the implementation of the Governor’s. Local media outlets reported that a witness who was supposed to testify for the group was arrested by the police. Separately, the Meulaboh District Court granted the lawsuit filed by PT Kallista Alam, a palm oil plantation company located in the “Leuser Ecosystem” in Nagan Raya, Aceh. This is strange given that the Company had already been deemed guilty for damaging the environment by the Supreme Court.
Pertamina v. Bakrie Harper
Several weeks ago, PT Pertamina (Persero) filed a lawsuit against PT Bakrie Harper (BHP), subsidiary of PT Bakrie & Brothers Tbk (BNBR) and several co-defendants, to the Central Jakarta District Court. Pertamina demanded the court to annul the arbitration award decided by the Indonesian National Arbitration Board (BANI) in February 2018
More on the Lawsuits against PT Kapuk Naga Indah
On the second week of April 2018, Khresna Guntarto—a lawyer who claimed to be the representatives of several buyers of the properties built by PT Kapuk Naga Indah (KNI – a subsidiary of Agung Sedayu Group)—filed a bankruptcy lawsuit against the KNI and gave statements to several national media outlets. The lawsuit adds to the list of lawsuits the KNI must face in two different district courts. On May 2, however, Tempo and Kompas newspapers printed a page-long apology published by four individuals, two of whom were listed as the plaintiffs in the bankruptcy lawsuit. The apology statement oddly stated that Khresna had filed the lawsuit without their consent. This is the second apology statement published by the buyers of the properties built by KNI.
Problems in Garuda Indonesia
On April 19, 2018, State-owned airline PT Garuda Indonesia (Persero) Tbk (GIAA) held an Extraordinary Meeting of Shareholders (RUPSLB) and decided to change the board of directors and commissioners with the goal of improving the Company’s performance. This decision was rejected by the Garuda Employees Union (Sekarga) and the Garuda Pilot Association (APG) incorporated in the Garuda Indonesia Unified Workers Union. Both unions reportedly threatened to take industrial action or strike if their demands were not accommodated. This is not the first time for Garuda Indonesia has faced problems with its workers.
Bangka Island and the Mining Feud
The Corruption Eradication Commission (KPK) visited the Bangka Island of the North Minahasa regency, North Sulawesi, last week. The island have been the center of attention for the past several years after the residents decided to fight against the decision of the regency government to grant an exploration license to PT Mikgro Metal Perdana (MMP). In 2016, the Supreme Court ruled in favor of the residents and ordered the regency government to terminate the disputed license. The verdict was only executed last year when the position of Minister of Energy Mineral Resources was given to Ignasius Jonan. The problem within the provincial government related to the spatial planning of the island had also been resolved. So, why did the KPK visit the island?
Fireworks Ventures v. MCOR: Enters Tomy Winata
The National Police’s Criminal Investigation Unit (Bareskrim) have been forced to make a decision on the handling of the embezzlement case reported by Fireworks Ventures Limited—concerning its dispute over the debt-claiming rights (cessie) involving PT Geria Wijaya Prestige (GWP) and several other parties. The Bareskrim had already named the suspects in the case last year, and by the first week of April 2018 they said that they had held a case reconstruction. This usually means the investigation stage would soon escalate. On April 17, 2018, however, Tomy Winata surprised many by filing a default lawsuit against 10 parties including Fireworks Ventures Limited, who claimed to be the legitimate owner of the cessie.
Edward Soeryadjaya’s Woes
In October 2017, the Attorney General’s Office (AGO) named Edward Soeryadjaya, founder of PT Sugih Energy Tbk (SUGI), as the second suspect in the case of alleged corruption related to misplaced investments made by Dana Pensiun Pertamina. The first suspect—the former President Director of Dana Pensiun Pertamina M. Helmi Kamal Lubis—was convicted in January 2018. Edward’s docket, meanwhile, was expedited to the stage of prosecution on April 18, 2018. But last week, several national media outlets reported that the South Jakarta District Court had granted Edward’s pre-trial petition, by which the AGO’s decision to name him a suspect was declared unlawful.
Budi Pego’s Verdict and the Banyuwangi Gold Mine
Heri Budiawan a.k.a Budi Pego, a farmer slash environmental activist, was convicted to 10 months imprisonment back in January 2018. Budi was deemed guilty of endangering national security. The Court believed Budi organized an illegal rally against PT Bumi Suksesindo (BSI), the holders of gold mine operating license in Tumpang Pitu, Banyuwangi East Java. At the time of the incident, Budi supposedly allowed the spread of communism through flag-raising.
The Adijanto Family and the Pari Island Disputes
Two weeks ago, the National Ombudsman released the Final Report on Examination Result (LAHP) related to land ownership dispute on Pari Island. The parties in dispute are PT Bumi Pari Asri and PT Bumiraya Griyanusa (controlled by the Adijanto family) against Pari Island residents. In its report, the Ombudsman noted a number of maladministration, including procedural deviations, abuse of authority and neglect of legal obligations undertaken by the Land Office of North Jakarta. Since the dispute began to heat up in 2015, several Pari Island residents have been convicted and reported by the companies and the Adijanto family for various allegations.
The KPK won Two Pre-Trials
The Corruption Eradication Commission (KPK) recently won against the pre-trial lawsuit filed by Asrun (former mayor of Kendari, Southeast Sulawesi) and Ahmad Hidayat Mus (former regent of Sula Islands, North Maluku). The two men are gubernatorial candidates in this year’s regional election in their respective province.