The Case of Palyja and Aetra: New Chapter
It has been over three years since the panel of judges of the Central Jakarta District Court voted in favor of the petition filed by the Coalition Against Water Privatisation in Jakarta, who aimed to stop water privatisation in Jakarta by PT PAM Lyonnaise Jaya (Palyja) and PT Aetra Air Jakarta (Aetra). On the stage of cassation last year, the Supreme Court decided to uphold the verdict. On March 22, 2018, however, the Ministry of Finance oddly decided to file for a Reconsideration against the Supreme Court’s verdict. The Reconsideration petition was filed only a day after the Jakarta provincial government cancelled the plan to sign a restructuring agreement between Palyja, Aetra and PD PAM Jaya.
The AW-101 Procurement Case: New Chapter
Almost a year has gone by since the Corruption Eradication Commission (KPK) announced that they had named the President Director of PT Diratama Jaya Mandiri one Irfan Kurnia Saleh a graft suspect in a supposedly problematic procurement of AgustaWestland helicopter. Irfan tried to challenge the KPK’s decision in a pre-trial lawsuit, but failed. The docket of the case, however, has yet to be expedited to the stage of prosecution. We wonder why. In addition to the slow inquisition process, Irfan on behalf of his company, filed a civil lawsuit against the Air Force (TNI-AU), demanding the institution to obey the Sale and Purchase Contract agreed between the parties.
On Molucca Holdings’ Lawsuit
The dispute between Luxembourg’s Molucca Holdings S.à.r.l and PT Pelita Cengkareng Paper is getting more complicated. Molucca first attempted to force the paper company to pay their debts in mid-March 2018 when they filed for a lawsuit on Suspension of Debts Payment (PKPU). But the attempt failed. Molucca then filed for a second PKPU lawsuit within a day. But on May 7, 2018, the second attempt was also rejected by the Commercial Court.
The Plan to Ban Ex-Graft-Convicts from Running in Legislative Elections
Several months have passed since the General Election Commission (KPU) first announced that they were drafting a regulation that would ban ex-graft-convicts from participating in legislative election. Will they succeed in passing this regulation?
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.