Tax Fraud
In January last year, the Directorate General of Taxation (Ditjen Pajak) at the Ministry of Finance announced that they had expedited the docket of one Amie Hamid, a suspect of tax fraud. The Ditjen Pajak believe that Amie disguised the proceeds of crime and laundered the money. The case was registered on March 2017 at the South Jakarta District Court. On January 8, 2018, the Panel of Judges decided that Amie was guilty of all charges.
Danamon v. Danamon
Back in 1997, PT Danamon International, a former controlling shareholder in PT Bank Danamon Indonesia, provided Rp155 billion in loan capital. But the economic crisis struck and Bank Danamon became one of the most affected banks. When Danamon International attempted to collect its receivables after the maturity of the loan, Bank Danamon was unwilling to make payment on the grounds that they had made a payment of the recapitalization funds to the Government. In 2011, Danamon International decided to bring this dispute to court. Until the Reconsideration (PK) stage in 2015, the District Court and the Supreme Court sided with Danamon International and ordered Bank Danamon to repay the loan capital with interest. Bank Danamon must also settle the obligation to pay recapitalization funds to the Government through the Minister of Finance. It was later made public that the South Jakarta District Court had issued a warrant for execution of the verdict in the middle of last year and in July 2017, and that Bank Danamon filed a lawsuit to make the court declare the process ended in peace. The trial continues to this day.
On the BPK Graft Case
The trial of the two Auditors of the Supreme Audit Agency (BPK) who allegedly received bribes from officials of the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration (Kemendes) continues. The first hearing was held on October 18, 2017, and to this day the Court is still listening to account of witnesses.
Revisiting the ONWJ Block: Disputes
On January 5, 2018, the South Jakarta District Court registered a default lawsuit filed by Ascention Ltd against EMP ONWJ Ltd, subsidiary of PT Energi Mega Persada Tbk (ENRG) controlled by the Bakrie family. The lawsuit did not mention the root of the problem in details, but we know that EMP ONWJ Ltd recently lost its participating interest in the Offshore North West Java (ONWJ) oil and gas block after the Government decided to give 100 percent of the participating interest to PT Pertamina Hulu Energi (PHE). Back in December 2017, ENRG also asked the Government to repay the investment they spent in the block before their contract was terminated.
The AW-101 Procurement Case
Back in June 2017, the Corruption Eradication Commission (KPK) announced that they had named the President Director of PT Diratama Jaya Mandiri one Irfan Kurnia Saleh as a graft suspect in a supposedly problematic procurement of AgustaWestland helicopter. The KPK had tried to get a statement from the former Air Force Chief of Staff (KSAU) Air Marshal (Ret.) Agus Supriyatna, but failed. Agus said that the procurement involved state secrets and so he could not share details.
Corruption Journal
The disgraced Southeast Sulawesi Governor Nur Alam was named a suspect on 2016, but his trial only began in November 2017 and it continues to this day. Apparently the case is even more complex than we thought. The Commissioner of PT Adhiguna Keruktama (AGK) Adiputra Kurniawan ,on the other hand, who was caught for bribing the former Director General of Sea Transportation Antonius Tonny Budiono back in August 2017, but his trial began only two months later.
Regulatory Journal
The Ministry of Transportation can finally implement the Ministerial Regulation (Permenhub) No. 108/2017 on Mobile-Application-Based Transportation Services after the Supreme Court decided not to examine the judicial review petition filed to challenge the regulation. Regional governments must now publish the sub-regulations. Separately, the Ministry of Communication and Informatics told the press that the Ministerial Regulation on Internet-Based Applications and/or Content Providers, better known as the Over-the-top (OTT) regulation will be published by the first quarter of 2018.
Law Journal : KPK’s Appeal, KPPU’s Loss and Peace for Margahayuland
The Corruption Eradication Commission (KPK) announced a surprising move. They filed an appeal against the verdict given to Andi Agustinus a.k.a Andi Narogong, the third convict in the E-KTP procurement graft case. In a different dispute, the Supreme Court rejected the petition for cassation filed by the Business Competition Supervisory Commission (KPPU) against the decision of the South Jakarta District Court, which annulled the penalties slapped on the oil and gas contractor Husky-CNOOC Madura Limited (HCML) and PT China Oilfield Services Limited (COSL) Indo. Elsewhere, PT Menara Perkasa Margahayuland could finally convince its creditors and escaped the period of Suspension of Debts Payment (PKPU).
The Latest on the BLBI Graft Case
The Corruption Eradication Commission (KPK) seems determined to keep their promise in wrapping the investigation of big cases this year. In the first day of working in 2018, the KPK summoned the former Coordinating Minister for Economic Affairs Dorodjatun Kuntjoro Jakti, who’s been mentioned as a person responsible in relation to the Bank Indonesia Liquidity Assistance (BLBI) case.
Buyers v. 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 filed a lawsuit via the Consumer Dispute Settlement Board (BPSK) on September last year. The buyers demand a refund of their instalment payment. In mid December 2017, however, the BPSK decided to stop the examination of the dispute because PT Kapuk Naga Indah refused to accept the BPSK as a resolution medium.