On Kukar Graft Case and KPK’s Latest Sting Operation
On April 11, 2018 the Corruption Court of the Central Jakarta District Court continued the trial of the former Regent of Kutai Kartanegara (Kukar) Rita Widyasari on the case of corruption she allegedly committed with one other suspect Khairudin. A day before, the Corruption Eradication Commission (KPK) conducted a Sting Operation in West Bandung. Six were arrested, and three were lated named suspects, including the Regent of West Bandung one Abubakar (PDI-P).
Sandipala Arthaputra v. Oxel System : Appeal
On May last year the Singapore High Court published the judgement on the dispute between PT Sandipala Arthaputra—one of the members of the consortium once involved in the the procurement of Indonesia’s electronic identity card (E-KTP)—, STMicroelectronics Asia Pacific Pte Ltd, and Oxel Systems Pte Ltd. The dispute is related to damages for breach of contract, fraud and deceit, tort, including negligence. The High Court Judge found Sandipala guilty for breach of the Supply Contract and stated that Sandipala, Paulus Tannos and his daughter Catherine Tannos were liable for the tort of conspiracy by unlawful means to cause Oxel economic loss. Sandipala filed an appeal, but unfortunately the Judges of Appeal only allowed Sandipala’s appeal in relation to the claim in unlawful means conspiracy. The judgement seems ordinary, but it helped explain what is going on with the E-KTP project.
Dispute within Kawasan Berikat Nusantara
PT Kawasan Berikat Nusantara (Persero) (KBN) has been in dispute with its subsidiary PT Karya Citra Nusantara (KCN) in recent years. Earlier this year, the KBN decided to sue the KCN related to the utilization of several piers that are located in the concession area...
More on the Cases Surrounding Allianz Insurance
At the end of September 2017, PT Asuransi Allianz Life Indonesia made headlines after two of its former officials were named suspects of fraud and insurance crime. The case then ended after police reports filed against the two suspects were withdrawn by the complainants. A few days later, Allianz filed a counter police report against 4 policyholders. In the third week of March 2018, it was made known that the police had named 5 suspects in the case, including the legal counsel who assisted the first two complainants. Last week, the police reportedly detained the suspects.
New Lawsuit against PT Kapuk Naga Indah
Nine buyers of the properties built by PT Kapuk Naga Indah (a subsidiary of Agung Sedayu Group) on Island C and D of the Jakarta Bay reclamation project decided to take legal steps against the conglomerate last year. The buyers claimed that there was no certainty about the construction of the properties they had purchased. The lawsuit was filed first at the Consumer Dispute Settlement Board (BPSK), but to no avail. The buyers later decided to file a civil lawsuit at the North Jakarta District Court. The buyers also tried to win public support but this backfired on them. Nevertheless, the buyers refuse to give up. On April 9, 2018, a legal counsel that represent the two of the buyers said that they had filed for a bankruptcy lawsuit against the Company.
Sebuku Group v. Governor of South Kalimantan
In January 2018, the Governor of South Kalimantan one Sahbirin Noor decided to revoke the mining business permit (IUP) of three companies: PT Sebuku Batubai Coal, PT Sebuku Tanjung Coal, and PT Sebuku Sejaka Coal, all are subsidiaries of Sebuku Group. Nearly a month later, the companies, represented by Yusril Ihza Mahendra, questioned the decision at the Banjarmasin State Administrative Court (PTUN Banjarmasin), the trials are still ongoing today. What makes the case interesting, and confusing at the same time is the information written on an article published by Tempo yesterday morning. The article mentioned another dispute related to an overlapping mining/plantation area between PT Multi Sarana Agro Mandiri (MSAM) belongin to Haji Isam and PT Inhutani II, a dispute with a legally binding court verdict.
Law Journal
PT Krakatau Engineering once again avoided debts restructuring process after successfully resolving their dispute with one of their business partners. Separately last week, the National Police’s Criminal Investigation Unit (Bareskrim) announced that they had found a key evidence in the dispute between Fireworks Ventures Limited and PT Bank China Construction Bank Indonesia Tbk (MCOR). With this progress, the case could go to court in the near future.
Asmin Koalindo Tuhup v. Government of Indonesia: Next Chapter
The Government of Indonesia terminated its coal mining concession agreement (PKP2B) with PT Asmin Koalindo Tuhup (AKT), a subsidiary of PT Borneo Lumbung Energi & Metal Tbk (BORN) belonging to Samin Tan last year and AKT questioned the decision to the Jakarta State Administrative Court (PTUN Jakarta). On April 5, 2018, after several months of trial, the PTUN ruled in favor of AKT.
The Lawsuit against Ministry of Energy and Mineral Resources
The Ministry of Energy and Mineral Resources was sued by three mining companies. The companies demand the revocation of the Clear and Clean certificate given to PT Antam (Persero) Tbk.
On the Montara Oil Spill Case
Almost ten years have passed since the Montara H1-ST1 wellhead caught fire in 2009. The incident supposedly caused environmental damages all the way to Indonesia’s coast. The companies involved in the case, however, insisted on their innocence. On May last year, the Government decided to file a civil lawsuit against the companies but they then withdrew. Yesterday, in his statement to the Press, the Coordinating Minister for Maritime Affairs Luhut Panjaitan said that the Government and the Thailand Government were aware of the importance of the case and that it was possible that the case would be resolved outside of the court.