Dahlan & the Ill-Fated Electric Cars Project
It has been a while since we last heard of anything related to the case of corruption in the procurement of electric cars for the 2013 APEC Summit. The case initially brought down the Minister for State-Owned Enterprises (BUMN) Dahlan Iskan. The first suspect in the case, i.e., the Director of PT Sarimas Ahmadi Pratama Dasep Ahmadi was found guilty in March 2016, but the court decided that Dahlan Iskan was not involved in the case. At the stage of cassation, however, the Supreme Court not only aggravated Dasep’s punishment, but they also declared that Dahlan was involved. In response, the Attorney General’s Office (AGO) named Dahlan Iskan as a new suspect in the case on January 26, 2017.
Update on Patrialis Akbar’s Case
The investigation into the bribery case that implicates the former justice of the Constitutional Court Patrialis Akbar continues. When examined by the newly-formed Honorary Assembly, Patrialis reportedly admitted to violating the Justices’ code of ethics. Prior to the examination, Patrialis had decided to resign from his post, but the Constitutional Court Board of Ethics are now considering to dishonorably dismiss Patrialis Akbar. The Corruption Eradication Commission (KPK), meanwhile, had managed to find more than 20 stamps bearing the name of a number of ministries and international organizations providing halal certification while raiding locations in connection to this case.
Deliver or Pay
Energy and mineral resources minister Ignasius Jonan has just signed three new regulations for electricity sector. One of them, Regulation No. 10/2017 about power purchase agreement (PPA) specifics, introduces deliver or pay mechanism, wherein independent power producer (IPP) is required to compensate PT Perusahaan Listrik Negara (PLN) in the event of failure to deliver the energy.
On Goldman Sachs v. Benny Tojkro: Revisiting Beckkett v. Deutsche Bank (Part II)
The dispute between Singapore-based Beckkett Pte Ltd (an entity controlled by Indonesian tycoons Sukanto Tanoto and Hashim Djojohadikusumo), and Deutsche Bank A.G. (DAX:DBK) Singapore in the South Jakarta District Court reminded us that the Court once dismisses a shares lien lawsuit with the argument that a transfer of rights to shares can be conducted in private. And so we wonder, how will the dispute between Benny Tjokrosaputro and Goldman Sachs International end?
On Goldman Sachs v. Benny Tojkro: Revisiting Beckkett v. Deutsche Bank (Part I)
The dispute between Benny Tjokrosaputro and Goldman Sachs International (subsidiary of Goldman Sachs Group Inc (NYSE:GS)) in the South Jakarta District Court have been running for almost five months now. The parties failed to reach an agreement during the mediation process, and now Goldman Sachs International has officially filed a counter-lawsuit. What’s interesting here is that a similar situation involving big names also happened several years ago. We’re talking about the shares lien dispute between Singapore-based Beckkett Pte Ltd, controlled by Indonesian tycoons Sukanto Tanoto and Hashim Djojohadikusumo, and Deutsche Bank A.G. (DAX:DBK).
Constitutional Court Changed the Understanding of Corruption Offence
The Constitutional Court recently changed the content and purpose of the articles that supported the principle of the formal offence of corruption in Law No. 20/2001 on Corruption Eradication. The changes were made as a result of the petition for Judicial Review (JR) filed by several civil servants in January 2016. The Constitutional Court read their decision on January 25, 2017 and changed the phrasing in the articles from bearing the principle of formal offence to material offence. How will this affect law enforcement re. corruption?
Cal Dive v. Pertamina: PKPU Lawsuit
In May 2016 PT Cal Dive Offshore Indonesia (CDI), a subsidiary of Cal Dive International Inc, filed an application at the South Jakarta District Court for the implementation of the decision of the Indonesian National Arbitration Board (BANI) on the Company’s dispute with PT Bumi Hasta Mukti (BHM) and PT Pertamina (Persero). The effort seemed fruitless because now, 7 months later, Cal Dive Indonesia decides to file a lawsuit on Suspension of Debts Payment (PKPU) against BHM’s subsidiary PT Pertalahan Arnebatara Natuna (PAN) at the Commercial Court in the Central Jakarta District Court.
Update on Sujaya Group’s PKPU
Sujaya Group’s two subsidiaries, i.e., PT Bintang Jaya Proteina Feedmill (Bintang Jaya) and PT Sinka Sinye Agrotama (Sinka Sinye) entered Suspension of Debts Payment (PKPU) four months ago. At first, the Group offered to release their valuable assets in order to fulfil their obligation to the creditors and asked for additional capital injection to the Banks, but the request was met with strong rejection. The Group had since offered payment in form of shares conversion and proposed a plan to issue mandatory convertible bond (MCB).
Tommy Soeharto, Firza Husein, & Habib Rizieq
West Java police has named controversial Islamic Defenders Front (FPI) leader Habib Rizieq a suspect for defaming Pancasila. Munarman, spokesperson of FPI, meanwhile, has been quizzed by Bali Police for hate speech against the Hindus. But, these are of less popular than gossips surrounding the triangle: Tommy Soeharto, Firza Husein, and Rizieq.
Update on Putu Sudiartana’s Case
Two months have passed since the trial of Putu Sudiartana began. The former member of the House Commission III of the House of Representatives (DPR) and former cadre of the Democratic Party faces the allegations of his involvement in a bribery related to the regional budget for West Sumatera. From the indictment, we know that the bribery is not the only indictment for Putu. Putu is also indicted for accepting gifts from several parties. In the hearing held on January 30, 2017, Putu admitted to his crime and asked to be punished.