Bumi Serpong Damai v. Swiss German Uni: Verdict
On January 9, 2017, the Tangerang District Court read their ruling on the dispute between PT Swiss German Uni (SGU) and PT Bumi Serpong Damai Tbk (BSDE). The Court decided to grant BSDE’s lawsuit and subsequently cancel the disputed Sale and Purchasing Agreement (PPJB). What will happen next, especially regarding the ongoing activities conducted by the Swiss German University?
The End for Raoul and Ahmad Yani?
The Corruption Court of the Central Jakarta District Court has sentenced the two advocates responsible for bribing the former Registrar of Central Jakarta District Court Muhammad Santoso. The panel of judges found the advocates guilty and stated that they had intended to bribe two Judges in the Central Jakarta District Court. The case was uncovered after on June 30, 2016 the Corruption Eradication Commission (KPK) conducted a Sting Operation (OTT) and detained one of the registrars of the Central Jakarta District Court Muhammad Santoso. A day later, the KPK named 3 suspects in the case and revealed that Santoso had received bribes from the counsellors of a mining company in return for his assistance in a civil case.
PP No. 60/2016
In December 2016, President Joko “Jokowi” Widodo promulgated the Government Regulation (PP) No. 60/2016 on the type and rates of the Non-Tax State Revenue in the Indonesian National Police (PP 60), from the title, it’s clear that the PP 60 governs state revenues that are other than taxes. But the press picked up on a particular part of this PP and made it seem as if it is (solely) concerned with the matter taxation for the vehicle registration number (STNK). This then prompter some complaints from those who feel burdened by the rising cost of the so-called STNK tax.
The Bakamla Corruption Case
The Corruption Eradication Commission (KPK) conducted a Sting Operation (OTT) on December 14, 2016. Four individuals were arrested and named as suspects the following day. The Deputy for Information, Law and Cooperation in the Maritime Security Agency (Bakamla) and an active Prosecutor Eko Susilo Hadi were the alleged bribe receiver. Three weeks later, the Military Police Center of the Indonesian National Army (Puspom TNI) named First Admiral Bambang Udoyo as the new suspect of the bribery case. To date, the KPK and Puspom TNI have examined dozens of witnesses.
AKR Corporindo v. Kapuas Tunggal Persada
PT AKR Corporindo Tbk (AKRA), the largest distributor of fuel in the private sector, filed a bankruptcy lawsuit against its business partner PT Kapuas Tunggal Persada (KTP), the subsidiary of PT Mutiara Bara Energy. The lawsuit reportedly stemmed from a debt dispute worth Rp19.63 billion. This is the second bankruptcy lawsuit the Company filed against it’s business partners in the past year.
The Investigation into the Klaten Corruption Case
At the close of 2016, the Corruption Eradication Commission (KPK) conducted a Sting Operation (OTT) in Klaten, Central Java. The Regent of Klaten Sri Hartini (PDI-P) and 7 other people were arrested. The KPK named Hartini as a suspect of abuse of power and corruption. The KPK believe that the case is connected to the Government Regulation (PP) that grants regional government the authority to determine their own form of career pattern. Since then, the KPK had aggressively examined over 40 people allegedly acquainted with the case, and raided several places in Klaten including Hartini’s house and an office in the Klaten DPRD complex. To date, the amount of money seized in connection to the case has reached more than Rp5 billion.
The 2017 Prioritized National Legislation Program
The House of Representatives (DPR) only managed to show a slight increase in overall performance last year when compared to their performance in the 2014-2015 calendar of deliberation. For the 2015-2016 calendar, the DPR agreed to pass 13 bills into laws from the 50 bills listed in the 2016 list of prioritized legislation. For this year, the Legislative Body and the Government had agreed to include 49 bills in the 2017 Prioritized National Legislation Program (Prolegnas). Having only managed to pass 1/3 of the bills prioritized in 2016 into law, one wonders if the DPR will be able to do better this year.
Customary Forests and Known Conflicts
The State recently awarded the recognition of customary forest for indigenous peoples and customary communities in several regions in Indonesia. This marked the commitment of President Joko “Jokowi” Widodo to pay more attention to the existence of indigenous peoples. But beyond that, this move should help the Government resolve land conflicts that have pitted indigenous peoples against forest concession holders.
The End for Sutanto and Memi?
On September 17, 2016, Sutanto with his wife Memi and his brother Willy Sutanto was arrested by KPK shortly after handing over a sum of Rp100 million the residence of the then chairman of the Regional Representative Council (DPD) Irman Gusman in Jakarta. In the afternoon, the KPK directly named Irman, Xaveriandy Sutanto and Memi as a suspect. Willy was released. It took the Corruption Eradication Commission (KPK) less than 2 months to finish the docket of investigation of the suspects. On October 28, 2016, two docket of the case was transferred to the stage of prosecution and registered in the Corruption Court at the Central Jakarta District Court. The lawsuit against Sutanto and Memi was registered under case No. 113/Pid.Sus-TPK/2016/PN.Jkt Pst and the lawsuit against Irman Gusman was registered under case No. 112/Pid.Sus-TPK/2016/PN.Jkt Pst. On November 8, 2016, the court held the first hearing of the two cases.
Recognition of Customary Forest
Towards the end of 2016, President Joko “Jokowi” Widodo gave a very precious gift for indigenous people and customary communities in several regions in Indonesia: the recognition of the existence of customary forests. The recognition is given in the form of Decree on Establishment of the Inclusion of Customary Forest and Customary Forest Determination Letter to 9 customary communities in the State Palace. What does this recognition mean for the related parties?