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.
Tomy Winata, Gatot Nurmantyo, and PT IndoCertes
Earlier this month, the Tempo magazine published an article in which the former military commander Gatot Nurmantyo casually admitted to being close with Tomy Winata, the patron of Artha Graha Group. Interestingly, around the same time, rumors began to spread that Gatot ran a side business, focusing on military equipments, and that the business was linked to the recent accident involving an M113 tank. All of this led to, Tomy Winata, by way of his representative, speaking up and denying the rumors that he’s the man behind Gatot’s political ambition.
Corruption Journal: Setya Novanto and Siti Masitha Soeparno’s Verdict
The Corruption Court at the Central Jakarta District Court read their verdict for Setya Novanto on April 24, 2018. Setya Novanto, who many believe to be the mastermind of the E-KTP graft case, was found guilty of all charges and sentenced to 15 years imprisonment. Separately, the disgraced Mayor of Tegal Siti Masitha “Sitha” Soeparno (Golkar), who was caught in a Sting Operation back in August 2017, was handed a punishment that is lighter compared to the punishment demanded by the prosecutors demands. The Panel of Judges of the Corruption Court at the Semarang District Court also dismissed the prosecutors’ demand to revoke Sitha’s political rights. Some evidence in the trial were disregarded.
The Judicial Review on Toll Road Concession
Two civil servants—one Moh. Taufik Makarao and one Abdul Rahman Sabaro—filed a Judicial Review application to challenge the constitutionality of Art. 50 paragraph (6) of Law No. 38/2004 on Road. The article is deemed problematic for it provides no clarity on the duration of toll road concession management by any party other than the Government, thus resulting in constitutional impairment not only for the people but also for the State. The examination of this petition is still ongoing and whether it is coincidental or not, the petition was filed nearly at the same time with the Government’s announcement of its wish to extend the concession period for toll road management.
More on the Jakarta Bay Reclamation Disputes
As we all know, the buyers of the properties built by PT Kapuk Naga Indah (a subsidiary of Agung Sedayu Group), and PT Muara Wisesa Samudera, the subsidiary of PT Agung Podomoro Land Tbk (APLN), have been seeking for justice with regards to the uncertain fate of their purchased property in the Jakarta Bay reclamation islands. Recently, the Coalition to Save the Bay of Jakarta (Koalisi Selamatkan Teluk Jakarta, KSTJ) adds more to the drama by filing a lawsuit related to the case, but their target is the government.
More from the Bank Century Case
On April 9, 2018, the South Jakarta District Court read a surprising verdict in response to a pre-trial lawsuit filed by Masyarakat Anti Korupsi Indonesia (MAKI) lead by one Boyamin Saiman. MAKI demanded the court to force the Corruption Eradication Commission (KPK) to continue their investigation into the the Bank Century bailout case and that’s exactly what they get. On top of that, the sole presiding judge Judge Effendi Mukhtar ordered the KPK to name new suspects in the case. This is an unusual verdict in a pre-trial proceeding. Earlier this week, however, the Supreme Court published the minutes of the Supreme Court Leader’s Meeting, in which it is noted that Judge Effendi Mukhtar has been transferred to the Jambi District Court, which have a lower classification if compared to the South Jakarta District Court.
Freeport’s Water Tax Dispute with the Papua Government
The Papua Provincial Government have been attempting to collect PT Freeport Indonesia’s tax arrears including its fine for four fiscal years (2011-2015). Freeport is required to pay this tax because the Papua Government claims that Freeport uses water in the Ajkwa river to withstand its tailings deposits (mining residue). Freeport, meanwhile, questioned the Decree of Regional Tax for Surface Water Tax (SKPD PAP) No. 973/1783 dated October 8, 2014. So the tax dispute was brought to the Tax Court. At the beginning of last year, the Tax Court sided with the Papua Government. But in April 2017, Freeport filed for a Reconsideration at the Supreme Court on the grounds that the tax regulation used by the Papua Government could not be applied to Freeport who operates under the Working Contract (KK). The Supreme Court sided with Freeport.
The KPK in Southeast Sulawesi
On April 18, 2018, the Corruption Eradication Commission (KPK)’s Coordination and Supervision Unit (Korsup) visited Southeast Sulawesi to work on a coordination matter with the local police. This is in line with the KPK’s increased footprint in the regions. KPK Spokesperson Febri Diansyah said that the KPK and the police discussed corruption cases that have been under investigation since 2010, reaching more than 80 cases. Febri said that the investigation into said cases has gone smoothly, even though the investigation into 14 cases has gone to a halt. Febri did not mention the details of the 14 cases, but he did speak of 2 cases—of corruption in the implementation of road works in Baubau city and corruption related to forest timber products in Asinua Jaya village, Abuki sub-district in Konawe.