OJK v. Bumi Asih Jaya: New Dispute and Other Disputes
It has been two years since the life insurance company PT Asuransi Jiwa Bumi Asih Jaya (AJBAJ) started their dispute with the Financial Services Authority (OJK) in court. The Company was deemed bankrupt by August 2015, but rejected the decision and fought to the stage of Reconsideration. After that, there has been no news on the legal disputes until on November 24, 2017, when the Central Jakarta District Court registered a new lawsuit filed by the Company against the OJK. This time, the Company wants the court to affirm their opinion that OJK’s lawsuit filed back in 2015 was an unlawful act. What interesting from the case is that the owner of the Company was arrested by the Jakarta Metropolitan Police on September 2017. The case also has been developed to several other criminal cases including the case of alleged money laundering examined by the Riau Islands Prosecutor’s Offices.
More Problems for Pertamina
Since 2015, PT Pertamina (Persero) has been subject to various National Police and Attorney General’s Office investigations on allegations of corruption. But apart from that, the Company has had various legal problems. Last week, the South Jakarta District Court registered a tort lawsuit filed by several parties against PT Pertamina Dana Ventura (PDV) over disputes on employees savings amounting to nearly Rp800 billion. A few days later, the Central Jakarta District Court registered a default lawsuit filed by Pertamina’s subsidiary PT Patra Jasa against PT Patra Indonesia. The lawsuit also lists PT Indobuild.co founded by Pontjo Sutowo as co-defendant.
Sting Operation in Jambi
The Corruption Eradication Commission (KPK) conducted a Sting Operation in Jambi and Jakarta on November 28, 2017. This is the first Sting Operation in the province since 2008 and only a week after the province signed a Memorandum of Understanding with the KPK. The KPK did not provide details, but the parties arrested are allegedly involved in a bribery attempt.
Indonesia v. Churchill Mining: Annulment of Award
On December 6, 2016, after years of hearings, the International Centre for Settlement of Investment Dispute (ICSID) ruled in favor of the Government of Indonesia in the dispute with Churchill Mining Plc and its subsidiary Planet Mining Pty Ltd over the companies’ exploration activities in East Kutai regency, East Kalimantan. The companies were required to pay compensation to the State and this is why the Tribunal award was an important victory for Indonesia. On March, 2017, however, Churchill filed for annulment of award and subsequently asked for a stay of enforcement of the award. On November 22, 2017, Churchill announced that they were considering Indonesia’s counter memorial on annulment, which was submitted on October 20, 2017 and Churchill has until December 22, 2017 to file a reply.
Corruption Journal: Mojokerto Mayor, and PT Berdikari
The Corruption Eradication Commission (KPK) announced that they had named the Mayor of Mojokerto (East Java) Mas`ud Yunus as a suspect of bribery. The KPK made the move after examining the result of the Sting Operation they conducted in June 2017. Following said Sting Operation, the KPK named 4 suspects including the Chairman of the Mojokerto DPRD. On a separate case, the KPK expedited the finalization of the docket of the graft suspects involved in the problematic procurement of urea fertilizer between PT Berdikari and PT Perhutani. The suspects will be prosecuted by the Corruption Court of the Semarang District Court in Central Java.
The Government of Indonesia v. PTT Group: Mediation
The Government of Indonesia, represented by the Ministry of Environment and Forestry, filed a lawsuit at the Central Jakarta District Court in May 2017 against The Petroleum Authority of Thailand Public Company Limited (SET: PTT) and two of its affiliated companies related to the 2009 Montara oil spill. The first hearing on the case was held on August 2017 but had to be postponed. On November 23, 2017, the hearing continued and all parties attended the hearing. The Panel of Judges then ordered the parties to go through a mediation process. Meanwhile, the Federal Court of Australia had released their judgement on the lawsuit filed by the fishermen in East Nusa Tenggara in November 15, 2017 and declared that the fishermen were all entitled to the requested extension of the limitation period.
DAJK’s Bankruptcy and Nyonya Meneer’s Insolvency
PT Dwi Aneka Jaya Kemasindo Tbk (DAJK) is finally bankrupt. The Panel of Judges of the Commercial Court at the Central Jakarta District Court decided in favor of PT Bank Mandiri (Persero) Tbk (BMRI) and granted the bank’s application for cancellation of peace agreement signed back in January 2017. The DAJK refused to go down, however, and said they will fight to the stage of cassation. Elsewhere, the team of curators in the process of insolvency of PT Nyonya Meneer is starting to auction the its assets. But a new problem arose. The Semarang District Court granted the lawsuit filed by former employees of Nyonya Meneer on the amount of severance they should receive. Nyonya Meneer must also face a tort lawsuit.
Law Journal: RAPP, and BJB Syariah
Ever since the Ministry of Environment and Forestry canceled the Revised Business Plan on Utilization of Forest Timber Product in Industrial Plantation Forest (RKUPHHK-HTI) proposed by PT Riau Andalan Pulp & Paper (RAPP), a subsidiary of APRIL Group, the two parties had met to discuss the problem. But that discussion might not have gone well. Last week, RAPP filed for a lawsuit to challenge the decision at the Jakarta State Administrative Court (PTUN Jakarta). On a separate development, the Police named a suspect on the suspected graft involving the Sharia unit of Bank BJB.
Benny Tjokro v. Goldman Sachs et al: Verdict
More than a year has passed since Benny Tjokrosaputro—the founder and President Director of PT Hanson International Tbk (MYRX)—filed a tort lawsuit to the South Jakarta District Court against Goldman Sachs International on alleged illegal sales of Benny’s shares in MYRX. The Panel of Judges at the South Jakarta District Court finally read their verdict on November 21, 2017.
Harun Abidin v. Rani Jarkas, and CKRA Shares Dispute
PT Cakra Mineral Tbk (CKRA) has been having a chaotic year, thanks to a couple of disputes on the Company’s shares and acquisition process. On February 2017, several parties filed two lawsuits to the Palangka Raya District Court alleging that the Company did not fulfill their obligation following the acquisition of PT Takaras Inti Lestari (TIL) dan PT Murui Jaya Perdana (MJP) back in 2014. A different dispute breaks between Harun Abidin, his business Tata Artha Group and one Rani Tarek Jarkas, a citizen of Switzerland. Both disputes, however, are still interrelated as they’re connected to Rani’s company, i.e., Cedrus Investment Ltd.