Corruption in PT Berdikari: The End for Siti Marwa?
The Corruption Eradication Commission (KPK) have been investigating allegations of corruption in PT Berdikari (Persero) related to the procurement of urea fertilizer since February 2016. Four suspects have been named, including Siti Marwa, the former vice president of the State-Owned Enterprise (BUMN). Trials of the suspects began in August 2016. On December 5, 2016, the Corruption Court at the Central Jakarta District Court will read the verdict for Siti Marwa.
Mandala Airlines’ Insolvency
PT Mandala Airlines, which was later known by the name Tigerair Mandala, was declared bankrupt on February 9, 2015. The Airline’s insolvency process, however, was halted because of a feud that happened between its shareholders, board of directors, and board of commissioners. The situation was made worse with the fact that the team of curators was not able to find assets that could help the Airline pay its debts.
KPK’s Rainbow Cakes
List of politicians caught in bribery and corruption case has expanded faster this year. The Corruption Eradication Commission (KPK) has just named Nganjuk Regent Taufiqurrahman, a politician from PDI-P, and Charles J Mesang, former lawmaker from Golkar Party, suspects in separate corruption cases. Earlier, KPK named Bambang Irianto, mayor of Madiun, who is also politician from Democratic Party, a suspect in different case.
Rokan Group’s Assets Recovery
Sumatera-based plantation company Rokan Group, and its owner Rustian a.k.a Ang Tiong Kang were brought down following the investigation into corruption in the issuance of Bank Indonesia Liquidity Credit (KLBI) in the 1990s. All of the Group’s assets were confiscated by the Attorney General’s Office, but in 2005 the Supreme Court decided to acquit Rustian from all criminal charges. The AGO, however, did not follow up on the Supreme Court’s verdict until 2014. And now, the Group’s assets recovery process is almost over.
Mobile-8 Tax Restitution Case: The AGO’s Persistence
The Attorney General’s Office (AGO) received a bad news last week when the South Jakarta District Court decided to partially grant the pre-trial lawsuits filed by the two suspects in the PT Mobile-8 Telecom Tbk (Mobile-8) tax restitution fraud case. The two suspects Hary Djaja and Anthony Chandra Kartawiria were acquitted from the criminal charges and the Court also decided that the AGO had no authority to investigate tax restitution cases.
The Rally
Composite index of Indonesia Stock Exchange (IDX) gained 0.91% one hour into afternoon trading session Friday (Dec 2) as investors were confident in the ability of Jokowi-Kalla administration to maintain order in the rally of half a million Moslems in Jakarta. President Jokowi made a last minute decision to join the compulsory Friday prayers with the crowd.
Pertamina EP v. BANI and IKPT-Adhi Karya
The trial on the lawsuit filed by PT Pertamina EP (PEP), a subsidiary of PT Pertamina (Persero) and PT Bank Mandiri (Persero) Tbk to cancel the decision of the Indonesian National Arbitration Board (BANI), have been conducted since August 2016. The BANI decision in question punished the two plaintiffs to pay compensation to their partners amounted to US$19.3 million plus obligation to restore performance bond worth US$12.7 million. In September 2016, the Panel of Judges at the South Jakarta District Court decided in favor of the plaintiffs and subsequently cancel the BANI decision. On this verdict, BANI decided to file for an appeal to the Supreme Court.
Brig. Gen. Teddy’s Case and Reform in the Military Court
A surprising yet pleasing decision was read by the Panel of Judges of the II-08 Military Court in Jakarta. The court sentenced Brig. Gen. (Army) Teddy Hernayadi to life imprisonment after he was found guilty of corruption while on duty at the Ministry of Defense during the period of 2010 to 2014. The proceeding in military courts rarely made the news, but the sentences given to Brig. Gen. Teddy related to embezzlement of US$12 million funds is reported on a massive scale since it is the most severe sentences in the history of the military courts.
Energi Mega (Bakrie) & Tax Liabilities
Oil and gas producer Energi Mega Persada (ENRG), controlled by Bakrie Family, suffered net loss of US$46.92 million in Jan-Sep 2016 period, expanded by 32% from the corresponding period of 2015, despite significant improvement in gross and operating profit margins. Weaker performance was attributable to penalty charges and more than 100% jump in income tax expenses.
Google Indonesia’s Tax Issue and the International Tax Systems
The negotiation between the Government and Google’s Asia-Pacific entity based in Singapore regarding the Company’s back taxes is reportedly closing to the finish line since both parties are said reaching for a win-win solution. The Government demanded the Company to obtain a status as a “BUT”, a permanent business entity. That way, the Government can also impose corporate income tax on the Company. And in order to chase the other companies providing Over-The-Top (OTT) platform, the Government reportedly are drafting several legal grounds.