Law Journal: Allianz Insurance Case and the BANI Feud
At the end of September 2017, PT Asuransi Allianz Life Indonesia made headlines after two of its former officials were named suspects of fraud and insurance crime. Recently, however, the police reports filed against the two suspects were withdrawn by the complainants. Elsewhere, the feud between two BANI (Indonesia National Arbitration Board)s may soon reach closure. On November 8, 2017, BANI Mampang’s legal counsel announced that the appeal petition filed by BANI Sovereign on the trademark dispute had been rejected and no cassation was filed, thus the verdict is legally binding and BANI Mampang is the official owner of the BANI trademark.
KPK vs Setya Novanto Continues
On Friday (Nov. 10) the Corruption Eradication Commission (KPK) announced that on October 31, they issued a warrant of inquisition on Setya Novanto, and that Novanto has been notified since November 3. So begins another chapter of Novanto being a suspect in the E-KTP graft case. Novanto’s lawyers have responded to the development. It seems clear that they’re going to put up a fight, though it should be noted that Novanto has already began the offensive against the KPK before the announcement today.
Judicial Review Journal: Witness Attendance and Management of Political Party
The Constitutional Court recently held hearings of two interesting Judicial Review petition. One petition was filed to question the provision of law which provides a waiver to a witness in a case that cannot appear directly in the hearing. One other petition was filed to question the authority to register changes to the management of political parties at the national level.
Judicial Review Journal: Presidential Threshold and Remission
Two months have passed since several parties filed a Judicial Review on the Law No. 7/2017 regarding General Election, but the Constitutional Court (MK) has not yet announced its decision, making everyone nervous. The main issue under review is the 20 percent presidential threshold, the provision which have been upheld by the MK for several times now. The other important decision made by the MK is to reject the Judicial Review petition filed by five convicts on the case of corruption regarding the right of inmates to obtain a reduction of prison time (remission).
Big Names in the E-KTP Graft Case
The investigation into the electronic identity card (E-KTP) procurement graft case is still ongoing, along with the trial of the suspects named so far. A lot of big names have been mentioned in connection to the case, but the KPK seems focused on several parties, especially the Speaker of the House of Representatives Setya Novanto (Golkar).
Update on the Bakamla Bribery Case
The Corruption Eradication Commission (KPK) arrested four individuals in the end of 2016 for transacting in bribes. The individuals caught were employees of PT Meriel Esa (linked to PT Melati Technofo Indonesia (MTI)) belonging to one Fahmi Darmawansyah and an official of the Maritime Security Agency (Bakamla). The KPK have named six suspects so far—five civilians and one military officer. The trial of the military officer began last week and the latest hearing was held on November 7, 2017. Meanwhile, the investigation into the case continues.
Pertamina Trans Kontinental and the E-KTP Graft Case
The Attorney General’s Office (AGO) have been investigating several cases of corruption involving PT Pertamina (Persero) since last year, including the corruption in PT Pertamina Trans Kontinental. The dockets of the two suspects were registered at the Corruption Court in the Central Jakarta District Court several days ago. Meanwhile, the Corruption Eradication Commission (KPK) responded to the news that they had named a new suspect on the E-KTP graft case.
Bosowa’s Land Dispute
The Jakarta State Administrative Court (PTUN Jakarta) listed a lawsuit registered over one week ago by PT Bosowa Propertindo against the Head of the South Jakarta Municipality Land Agency. The lawsuit mentions a disputed land, which is now registered on behalf of the Jayakarta Regional Military Command (Kodam Jaya). What’s interesting is that the dispute started way back in the 1990s.
Tough Year for the KPK
This is an intense year for the Corruption Eradication Commission (KPK). After they decided to prosecute the suspects in the electronic identity card (E-KTP) graft case, a series of events took place creating the impression that the anti-graft commission is being boxed in. In the past month alone, the KPK has had to face several lawsuits and police reports, among which is the pre-trial lawsuit filed by the individual suspected in the supposedly botched procurement of the Augusta Westland (AW)-101 helicopter, and the police reports filed against the Deputy Chief of the KPK Saut Situmorang and several KPK investigators.
Setya Novanto’s Antics
After the Corruption Eradication Commission (KPK) named him as a suspect in the electronic identity card (E-KTP) graft case in July 2017, the Speaker of the House of Representatives and the leader of Golkar Setya Novanto, helped by his legal team, used a variety of ways to avoid conviction. After winning the pre-trial suit and his status as a suspect was declared invalid, Setya Novanto again filed a lawsuit at the Jakarta State Administrative Court so that the warrant prohibiting him from traveling abroad would be immediately revoked. In addition, Setya Novanto refused to answer the KPK’s summon to be examined as a witness in the same case, arguing that the law requires the KPK to seek the President’s permission before it could examine a member of the House of Representatives.