Updates on LuLu Group’s Tax Case : More Names
The trial of Rajesh “Mohan” Rajamohanan Nair, the Managing Director of a subsidiary of Lulu Group International PT EK Prima Ekspor (EKP) continues. In the hearing held on March 20, 2017, the court heard the testimonies of key parties related to the bribery case implicating the Lulu Group, i.e., the Director of PT Rakabu Sejahtra Arif Budi Sulistyo and the other suspect in the case Handang Soekarno, who is the head of Initial Evidence Sub-Directorate at the Law Enforcement Directorate in the Directorate General of Taxation of the Ministry of Finance. The public prosecutors confronted Handang with evidence the KPK had collected from Handang’s office, including documents of evidence concerning several politicians, celebrities and advocates.
Victoria Securities v. Adyaesta Ciptatama: More Obstacles
In September 2016, the Attorney General’s Office (AGO) named several suspects of corruption in the sale of right to collect debts (cessie) of the Indonesian Bank Restructuring Agency (BPPN) involving PT Victoria Securities Indonesia (VSI) and PT Adyaesta Ciptatama (previously reported as PT Adistra Utama). Since then, however, the inquisition of the case has not shown progress.
Taxation Journal: PMK No. 39/PMK.03/2017
By the end of March 2017, the Tax Amnesty Program will come to an end. The Ministry of Finance already have plans to further regulate on taxation issues. One of the regulatory products to be published is the Law on Tax Information Exchange Agreement or Automatic Exchange of Information. The Government is planning to promulgate this legal product in the form of Regulation in Lieu of Law (Perppu), but in the mean time, the Ministry of Finance published guideline in the Ministerial Regulation (PMK) No. 39/PMK.03/2017.
Sugar Group v. Salim Group: The Dispute Continues
The Salim Group’s PT Mekar Perkasa attempted to sue Sugar Group’s PT Sweet Indolampung, but their attempt fell apart. Nevertheless, PT Mekar Perkasa refuses to accept defeat. On March 9, 2017, the Company filed two different lawsuits, this time on allegations of tort and unlawful act against dozens of parties, including the subsidiaries of Sugar Group and Gunawan Jusuf himself. The lawsuits were registered at the Central Jakarta District Court.
Update on the Trial of the E-KTP Graft Suspects
The trial of the two suspects in the electronic identity cards (E-KTP) procurement graft case continues. In the hearing held on March 16, 2017, the prosecutors of the Corruption Eradication Commission (KPK) summoned Diah Anggraini, the former secretary general of the Ministry of Home Affairs as a witness. Diah admitted to receiving US$500,000 and to attending several meetings concerning the project. Gamawan Fauzi also attended the hearing.
On the Disclosure of Information Concerning Permits and Concessions (Part II)
Two petitions for the disclosure of information—one on data concerning Rights to Cultivate (HGU) filed by Forest Watch Indonesia (FWI), and another on information concerning Forest Concession filed by Greenpeace Indonesia—have produced with two different outcomes. On FWI’s petition, the Supreme Court ruled that information concerning HGU constitutes public information must thus be made accessible to the greater public. Greenpeace Indonesia’s appeal for disclosure of information on Forest Concessions, on the other hand, was rejected by the State Administrative Court (PTUN).
On the Disclosure of Information Concerning Permits and Concessions (Part I)
On March 6, 2017 the Supreme Court rejected the cassation filed by the Ministry of Agricultural and Spatial Planning (Kemen-ATR) against the order of the Public Information Commission (KIP) which requires the Government to make access to information on the right to cultivate (HGU) of oil palm plantations accessible to the public. Environmental activists welcome this ruling.
On the Revision of Permenhub No. 32/2016
On May 2016, the Ministry of Transportation issued a Minister Regulation (Permenhub) No. 32/2016 that regulates the management of transportation not registered on any routes. This regulation was the answer to the cry for the legal basis for mobile-application-based transportation services. The Permenhub started to come into force in September 2016 with 6 months probation to end this month. But the Ministry had since found plenty of issues in said Permenhub and decided to revise several provisions.
Update on LuLu Group’s Tax Case
The trial of Rajesh “Mohan” Rajamohanan Nair, the managing director of a subsidiary of Lulu Group International PT EK Prima Ekspor (EKP) continues. In the hearing held on March 13, 2017, the court heard testimonies of several parties, including the Director General of Taxation Ken Dwijugiastaedi. In the hearing, new names and chronology were mentioned.
Wexler Capital vs Bumi Resources Minerals
South Jakarta District Court has on Wednesday (March 13) started the trial of a tort lawsuit filed by Wexler Capital Pte Ltd against PT Bumi Resources Minerals (BRMS) Tbk, a company indirectly controlled by Bakrie Group. Wexler, a creditor, seeks a court ruling to order BRMS paying for US$200 million.