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.

Updates on Patrialis Akbar’s Case

The Corruption Eradication Commission (KPK)’s investigation into the bribery case implicating the Justice of the Constitutional Court Patrialis Akbar continues. After conducting a Sting Operation (OTT) on January 25, 2017, the KPK named 4 suspects in the bribery case, one of whom is Patrialis Akbar. Since then, the Constitutional Court had decided to temporarily suspend Patrialis from his position. But the two main suspects of the case have declined the allegations made against them.

Updates on the E-KTP Graft Case

Slowly but surely, the Corruption Eradication Commission (KPK) progresses in their investigation into the allegation of graft in the procurement of electronic identity card (e-KTP) in the period of 2011-2012. After examining the Golkar Chairman and Speaker of the House of Representatives Setya Novanto, the KPK examined the former leader of the Budget Committee Olly Dondokambey, who is now the Governor of North Sulawesi. Then again, the KPK has not been able to announce any new suspect in this case.

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