Constitutional Court’s Decision: Mandatory SPDP Notification
Back in October 2016, a number of parties filed a Judicial Review petition at the Constitutional Court to challenge the constitutionality of five articles in the Law No. 8/1981 on the Code of Criminal Procedures. These articles regulate the coordination mechanism between investigators and public prosecutors, particularly regarding the obligation of the investigators to notify the public prosecutors at the commencement of inquisition. On January 11, 2017, the Constitutional Court reached a conclusion and partially granted the petition.
Market on New Mining Regulations (3)
Freeport McMoRan has reportedly agreed to convert its contract of work (COW) into special mining business permit (IUPK), which paves the way for the resumption of copper concentrate export, easing off some concerns about economic, social, and political impacts of new mining regulations. PT Amman Mineral Nusa Tenggara, second largest copper producer, will likely follow suit.
The Troubled Asuransi Jiwa Bersama Bumiputera
The restructuring process of Asuransi Jiwa Bersama Bumiputera (AJBB), which is responsible for more than 6.7 million of policyholders is not over, but so many problems follow. After two members of the statutory manager resigned in early January 2017, the Financial Services Authority (OJK), who is responsible for the restructuring process, must face a lawsuit filed by a number of policyholders. These policyholders are convinced that the OJK have violated the law by implementing this restructuring process.
Market on New Mining Regulations (2)
Nickel stopped falling Friday after significant correction earlier on Thursday as some market participants downplayed full impact of low-grade nickel ore export from Indonesia. Copper, meanwhile, advanced slightly as both Freeport Indonesia and Amman Mineral Nusa Tenggara were weighing their options to convert contract of works into special mining business permit (IUPK).
Perpres No. 122/2016
The administration of President Joko “Jokowi” Widodo still prioritizes infrastructure development. After issuing the regulation to protect the implementation of national strategic projects and the regulation to facilitate the acquisition of land for development, the Government issues a regulation meant for accelerating the development of prioritized infrastructure.
Peace for Brent Ventura
After seven months of negotiations with the creditors, PT Brent Ventura was finally able to resolved their period of Suspension of Debts Payment (PKPU) peacefully. The creditors were convinced by the Company’s peace proposals and voted to accept. The agreement reached on the last meeting of creditors will be promulgated by the Panel of Judges on January 17, 2016.
Updates on E-KTP Graft Case
The Corruption Eradication Commission (KPK) was finally able to examine the Golkar Chairman and Speaker of the House of Representatives Setya Novanto on his involvement in the graft-ridden procurement of electronic identity card (e-KTP). Other than Novanto, the KPK also examined several other important names that are allegedly acquainted with the case. To date, the KPK has reportedly examined 250 individuals in relation to the case, but only 2 individuals have been named as suspects.
New Lawsuits against the Perpetrators of 2015 Forest Fires
The Ministry of Environment and Forestry has started their work in 2017 by, among others, filing new civil lawsuits against the companies that are allegedly responsible for the land and forest fires in 2015. The new lawsuits are for four companies in three different district courts.
Mother of All Problems: Interpretation of Law No. 4/2009 on Mineral & Coal
Article 93 of Law No. 4/2009 about Mineral and Coal clearly states that holder of mining business permit (IUP) and Special IUP (IUPK) is not allowed to transfer IUP and IUPK to others. We all know, however, thousands of IUP have been transferred to or acquired by others in the past eight years or so.
What’s Next for Sumber Waras?
It has been a while since several parties demanded the Corruption Eradication Commission (KPK) to name the incumbent Governor of Jakarta Basuki “Ahok” Tjahaja Purnama as a graft suspect related to the purchase of a plot of land belonging to Yayasan Kesehatan Sumber Waras (YKSW). There’s been some new developments in this case. The KPK stated they did not find any element of unlawful act, but last month, the Supreme Audit Agency (BPK) said they found new evidence in the case. In addition to that, YKSW was sued by it’s parent foundation Perhimpunan Sosial Candra Naya (PSCN). PSCN claimed that the land sold to the Government of Jakarta belonged to PSCN. But on January 10, 2017, the Panel of Judges of the West Jakarta District Court decided that PSCN’s lawsuit could not be accepted.