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.
Gunawan Angka Widjaja & The Family Feud
East Java regional police has listed property businessman Gunawan Angka Widjaja in the search list (DPO) related to a report filed by his wife Trisulowati AKA Chin Chin two months ago. Police failed to locate Gunawan at his two homes in Jl Tidar No 606 and Jl Pasepan Kali No.5, Surabaya, East Java Tuesday (Nov 21).
Nur Alam’s Graft Case: The Trial
The Corruption Eradication Commission (KPK) named the disgraced Southeast Sulawesi Governor Nur Alam a graft suspect in August last year. Nur Alam allegedly abused his authority (and received compensation) in the process of granting mining permit to PT Anugrah Harisma Barakah (AHB) between the year 2009 and 2014 . On November 20, 2017, the trial of Nur Alam began.
Second Revision of the Procedure for Tax Amnesty
The Government through the Minister of Finance Sri Mulyani Indrawati signed a second revision to the Regulation of the Minister of Finance (PMK) No. 118/PMK.03/2016 which states the guideline on, and the variety of investment instruments available for, the Tax Amnesty program. Simply put, this change is intended as a second chance for Taxpayers that have not participated in the Tax Amnesty program to voluntarily report their property before the Government impose sanctions on tax evaders.
Asmin Koalindo Tuhup v. Government of Indonesia
The Government of Indonesia terminated its coal mining concession agreement (PKP2B) with PT Asmin Koalindo Tuhup (AKT), a subsidiary of PT Borneo Lumbung Energi & Metal Tbk (BORN) belonging to Samin Tan. This decision threatens the sustainability of BORN because AKT is BORN’s biggest asset. In addition, this decision will also have an impact on the peace agreement that the Company had entered into with its creditors back in April 2016. Responding to this decision, AKT filed a lawsuit at the Jakarta State Administrative Court (PTUN Jakarta).
Tort Lawsuit Against Air Mancur
The heirs of Jade Adjiwinoto have on Wednesday, November 15, 2017 filed a tort lawsuit against PT Jamu Air Mancur, a herbal medicine producer currently controlled by private equity firm, to the South Jakarta District Court.