PKPU for PT Menara Perkasa Margahayuland
PT Menara Perkasa Margahayuland, a subsidiary of PT Margahayu Land Development (MLD), is in their period of Suspension of Debts Payment (PKPU) after the Panel of Judges of the Commercial Court at the Central Jakarta District Court received the lawsuit filed by one of the buyer of their apartment unit in The Kencana Residence, Pondok Indah. By the time team of administrators and the Company held the latest meeting of creditors, the Company recorded a total debt of over Rp700 billion.
Revisiting the Antaboga and Bank Century Case
PT Antaboga Delta Securities, an investment company owned by Bank Century’s Robert Tantular was deemed responsible for the material losses experienced by its customers back in 2011, and Bank Century should thus compensate for damages. Bank J Trust Indonesia, the current name of Bank Mutiara, which is the precursor of Bank Century, refuses to do so. On December 27, 2017, the Surakarta District Court decided to execute the legally binding verdict, but it is just too late.
North Maluku and the KPK
The Governor of North Maluku Abdul Gani Kasuba (of the Prosperous Justice Party (PKS)) visited the Corruption Eradication Commission (KPK) last week. He asked for the KPK’s assistance in the process of discussing North Maluku’s 2018 Regional Budget (RAPBD 2018) draft. Abdul expressed his suspicion of irregularities in the process.
Corruption Journal: TPPI, E-KTP, and the Bakamla Graft Case
Law enforcement authorities have had an eventful December. The National Police’s Criminal Investigation Unit (Bareskrim Polri) held a press conference to explain the progress of their investigation into corruption in PT Trans Pacific Petrochemical Indotama (TPPI) and BP Migas (now Satuan Kerja Khusus Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi — SKK Migas), whereas the Corruption Eradication Commission (KPK) has been busy investigating the E-KTP graft case. There’s also a development in the trial of Bambang Udoyo, the first military officer named a suspect in the Bakamla bribery case.
Novanto’s Trial
The Corruption Court of the Central Jakarta District Court held the latest hearing on the trial of E-KTP graft suspect Setya Novanto on December 20, 2017. Setya Novanto and his legal counsels read their answer to the indictment the prosecutors of the Corruption Eradication Commission (KPK) had prepared. Setya Novanto and the legal counsels questioned the difference in the number of parties that supposedly benefited from the project and they asked the Panel of Judges to stop the proceedings and to rehabilitate Setya Novanto’s name.
Corruption Journal: Andi Narogong’s Verdict, and OC Kaligis’ Reconsideration
Andi Agustinus a.k.a Andi Narogong, a key actor in the electronic identity card (E-KTP) procurement graft case, was deemed guilty of all charges on December 21, 2017. The Corruption Eradication Commission (KPK) made him a Justice Collaborator, and so it appears that a deal was struck, perhaps in an effort to enlist Andi Narogong’s help in bringing in other suspects. The Panel of Judges sentenced Andi as per the prosecutors’ demand, and Andi accepted the verdict. Separately, the Supreme Court partially granted the Reconsideration (PK) filed by Otto Cornelis “OC” Kaligis, the senior advocate who was caught for bribing three judges of the Medan State Administrative Court back in 2015. The Assembly of Reconsideration decided to annul the verdict published at the stage of cassation and this means OC Kaligis will have to accept the verdict issued at the stage of appeal.
Law Journal: RAPP’s Lawsuit, and the BLBI Graft Case
The dispute between the Ministry of Environment and Forestry and PT Riau Andalan Pulp & Paper (RAPP) (APRIL Group) is finally over. The Panel of Judges decided that they cannot accept the lawsuit. Separately, the Corruption Eradication Commission detained Syafruddin Arsyad Temenggung, the former chairman of the Indonesia’s Bank Restructuring Agency (BPPN), the sole suspect in the Bank Indonesia Liquidity Assistance (BLBI) graft case.
Dispute within PT Permata Prima Sakti
On December 15, 2017, the South Jakarta District Court Registered a lawsuit filed by one Aris Munandar, who is the Director of PT Permata Prima Sakti Tbk (TKGA). Aris filed the lawsuit against the Company, the President Commissioner one Syafruddin, and the President Director one Herry Beng Koestanto.
Waiting for the President Regulation on Beneficial Ownership
The draft of the President Regulation (Perpres) on the Implementation of Principles of Recognizing the Beneficiaries of Corporations in the Framework of the Prevention and Eradication of Money Laundering and Criminal Acts of Terrorism, otherwise known as the draft of Perpres on Beneficial Ownership has been with the President since May 2017, but to this day the draft has not yet been signed. The public is wondering why the President is taking this much time. Recently the former Head of the Indonesian Financial Transaction Reports and Analysis Center (PPATK) one Yunus Husein publicly criticized the President for supposedly having a regulation phobia.
Le Minerale v. Aqua : Verdict
After six months of trial, on December 19, 2017 the Business Competition Supervisory Commission (KPPU) read their verdict on the case of alleged practices of unfair business competition conducted by PT Tirta Investama (TI, producer of Aqua) and PT Balina Agung Perkasa (BAP, a distributor of Aqua) against their rival PT Tirta Fresindo Jaya (TFJ), a manufacturer of Bottled Drinking Water (AMDK) under the Le Minerale brand. As predicted before, the KPPU declared TI and BAP guilty and must therefore pay fines.