Restitution for the Victims of the Benjina Case
The year 2015 was an important year for the Indonesian Government. The Associated Press released a report on slavery and human trafficking in Benjina, Maluku that year. It was something we have never seen before, especially because the case involves several foreign citizens as suspects and hundreds of other foreign citizens as victims. The process of prosecution of the suspects ran below the radar. We almost never heard of the case again. But apparently, the Government has been doing their work for the last two years, and has on December 6, 2017, handed over a sum of over Rp400 million in restitution and recovery compensation for several of the victims.
Gunawan Jusuf v. Bambang Trihatmodjo
On December 5, 2017, the South Jakarta District Court registered a pre-trial lawsuit. The lawsuit was filed by two individuals, including the sugar baron Gunawan Jusuf, against the General Crimes Directorate of the National Police’s Criminal Investigation Unit (Bareskrim). At the heart of the lawsuit is the Bareskrim’s investigation based on PT Bumi Sumber Sari Sakti’s police report. PT Bumi Sumber Sari Sakti belongs to Bambang Trihatmodjo, the first son of the late President Soeharto.
The Trans-Seram Graft Case: Indictment for Yudi Widiana Adia
The Corruption Court of the Central Jakarta District Court began the trial of Yudi Widiana Adia on December 6, 2017. Yudi is a PKS politician and the last suspect in the Trans-Seram graft case, the case that brought down several members of House Commission V of the House of Representatives. Even though Yudi was named a suspect a bit later after the crime was uncovered, the trials of the other suspects revealed that Yudi, together with several other people, was actually the one who initiated the scheme.
Default Lawsuit against Soejani Sosrodjojo
On December 5, 2017, the South Jakarta District Court registered a default lawsuit filed by PT Hunamas Putra Interbuana against one Soejani Sosrodjojo, son of Soegiharto Sosrodjojo, the founder of Rekso Group. Rekso Group is famous for their food and beverages business, but the lawsuit is interesting because the dispute stems from an investment agreement for gold mining exploration.
On the Post-mining Reclamation Obligation
On September 2016, Yayasan Riau Madani, a Riau-based foundation focused on protecting the environment, filed a lawsuit against several parties including PT Riau Bara Harum (RBH), the Ministry of Environment and Forestry, and the Ministry of Energy and Mineral Resources over the obligation to conduct a reclamation on a 500-hectare of land that used to be the mining operation area of RBH. A few weeks ago, the Panel of Judges of Rengat District Court decided to partially grant the lawsuit, but it only ordered the Ministry of Energy and Mineral Resources to conduct the reclamation.
Business Competition Journal: Automatic Scooters Cartel, and Le Minerale v. Aqua
The Business Competition Supervisory Commission (KPPU) examined the allegation of cartel practices in the motorcycle business and on February 2017 decided that PT Yamaha Indonesia Motor Manufacturing (YIMM) and PT Astra Honda Motor (AHM) were guilty. AHM decided to file for an objection, but on December 5, 2017, the North Jakarta District Court decided in favor of KPPU and upheld the previous decision. In another case, the dispute between PT Tirta Fresindo Jaya (TFJ), a manufacturer of Bottled Drinking Water (AMDK) under the Le Minerale brand against two of their rivals—PT Tirta Investama (TI is producer of Aqua) and PT Balina Agung Perkasa (BAP is a distributor of Aqua)—will end soon. The KPPU is scheduled to read their decision next week. Some believe that the upcoming decision is KPPU’s chance to prove their neutrality.
Bankruptcy Journal: DAJK and Petroselat’s Insolvency
Petroselat Ltd, the subsidiary of PT Sugih Energy Tbk (SUGI) was declared bankrupt on July 5, 2017. Petroselat at first tried to negotiate with the creditors to find new investors, but the effort failed and the process of insolvency begins this month. Like Petroselat, PT Dwi Aneka Jaya Kemasindo (DAJK) was also deemed bankrupt. DAJK is still trying to challenge the decision, but the team of curators had already gathered information on the Company’s assets.
Environmental Journal: PT Kalista Alam’s Case and Bengkulu Coal Mining
The Government has been trying to assert authority on companies whose business concerns environmental issues. PT Kalista Alam has been in dispute with the Government since 2012, both in civil law and criminal law. The dispute continues. PT Kalista Alam filed another lawsuit against the Government a few months ago. The trial is ongoing in Meulaboh. Meanwhile, in Bengkulu, there are news of coal mining companies allegedly operating within conservation forest areas.
Law Journal: Objections from Poultry Players and the E-KTP Graft Case Appeal
On November 29, 2017 the West Jakarta District Court granted the objections filed by the chicken breeding companies that the Business Competition Supervisory Commission (KPPU) punish for cartel-like practices. This is one of the three recorded objections filed against the decision. Separately, the Corruption Eradication Commission (KPK) must face a new obstacle in investigating graft in the procurement of the electronic identity card (E-KTP graft case). The KPK’s appeal against the verdict for Irman and Sugiharto (the first two convicts in the case) backfired. The Panel of Appeals revoked the Justice Collaborator status that the KPK gave to Irman and Sugiharto.
Updates on Corruption in Jambi, and in the Ministry of Transportation
The Corruption Eradication Commission (KPK) conducted their latest Sting Operation in Jambi and Jakarta on November 28, 2017. Dozens of people were brought in for questioning, among others are members of the Jambi Regional House of Representative (DPRD Jambi). At first, news outlets reported that the officials in the Jambi provincial government had an agreement with the DPRD to facilitate the approval of Jambi’s 2018 budget, but later on the KPK added a little more detail on the allegation. The Ministry of Transportation is being investigated by the National Police’s Criminal Investigation Unit (Bareskrim Polri) on a separate case, i.e., the allegation of abuse in the procurement of marine patrol boats belonging to the Directorate General of Sea Transportation in the 2013 and 2014 fiscal year. In this case, the Bareskrim has named one suspect, who is the same official suspected of being involved in a similar case back in 2009.