Legislative Journal : Permenaker No. 20/2016

The Ministry of Manpower has issued the Regulation of the Minister of Manpower (Permenaker) No. 20/2016 that regulates the procedures of granting administrative sanctions to employers as per the mandate of Government Regulation (PP) No. 78/2015 on Wage System. Some workers organizations, however, are concerned that the Permenaker 20/2016 will make irrelevant the provisions regarding criminal offense made by employers as stipulated in Law No. 13/2003 on Manpower.

New Policies from the Ministry of Industry

After being delayed for nearly half a year, last week the Ministry of Industry completed and published 3 new Ministerial Regulations (Permens) that are parts of the deregulation program outlined in the Government’s Eighth Economic Policy Package. The main objective of the publication of the three Permens is cultivating the domestic industry as the main engine of national economic growth. The following is a brief explanation of these policies:

Shenzhen Kenouxin Electronic v. Heliyanto and others

Last week, the Singapore High Court published the verdict on the breach of contract lawsuit filed by Shenzhen Kenouxin Electronic Co Ltd. The dispute was filed against an individual named Heliyanto, who worked for a Singaporean company called Express Logic Pte Ltd and an Indonesian company called PT Mega Mandiri Batam. In the verdict read on July 21, 2016, Senior Judge Lai Siu Chiu decided to dismissed SKE’s claim.

Ministry of Marine and Fisheries’ Response on Benoa Bay Reclamation

Minister of Marine and Fisheries Susi Pudjiastuti was enraged by the report published in several media outlets that questioned her integrity in handling the Benoa Bay reclamation project. On July 19, 2016 Minister Susi took to Twitter to question the motive of the publication of said reports. And later on July 20, 2016, the Ministry published a statement on the matter.

New Phase on Askrindo’s Corruption Case

Benny Andreas Situmorang, one of the convicts in the corruption case involving PT Asuransi Kredit Indonesia (Persero) (Askrindo), has reportedly filed a Reconsideration (PK) to the Supreme Court (MA). Benny claims to have new evidence (novum) that could challenge the the Supreme Court verdict issued in early 2015.

Implementing Regulation for the Law on Tax Amnesty

On July 18, 2016 the Ministry of Finance issued two Regulations of the Minister of Finance (PMK) to fulfil the mandate of Law No. 11/2016 on Tax Amnesty. The published regulations are PMKs No. 118/PMK.03/2016 and PMK No. 119/PMK.08/2016. The PMK 119 was published yesterday. It lists the procedures for the transfer of property of a taxpayer to the Indonesian territory, as well as the guidelines on and the variety of investment instruments available. Below is the brief explanation on PMK 119.

Allegation of Cartel Practices on the Distribution of Automatic Transmission Scooters

The Business Competition Supervisory Commission (KPPU) held their inaugural session to examine the allegation of cartel practice in the motorcycle business on July 19, 2016. The reported parties in the trial are PT Yamaha Indonesia Motor Manufacturing (YIMM) and PT Astra Honda Motor (AHM). The allegation of cartel practices itself has been circulating since 2013, but the Commission only started conducting their investigations in 2015.

The Fight against Illegal Fishing Continues

Combating Illegal, Unreported and Unregulated Fishing has been a mission of the government of President Joko Widodo, under the command of his Minister of Marine and Fisheries Susi Pudjiastuti. As expected, it’s not an easy battle to pick. There will be hick-ups along the way. One of which has happened just recently. After 2 months of court proceedings, on July 11, 2016 the captain of MV Selin, a tramper vessel using Equatorial Guinea flag, which were caught fishing illegally in the waters of Riau Islands, was acquitted by the Fisheries Court of Tanjungpinang. The Panel of Judges found the captain not guilty of the alleged illegal fishing activities. The Minister of Marine and Fisheries Susi Pudjiastuti formally filed a cassation to challenge said decision.

Updates on Brent Ventura’s PKPU

PT Brent Ventura finally presented their peace proposal draft on July 18, 2016 at the meeting of creditors. In the draft, the Company listed options for debt payment and assets to be sold. But the creditors are not satisfied because most of the mentioned assets are still managed and/or affiliated with other companies. Brent Ventura must find a way to convince the creditors or to get an additional time in PKPU because their period of temporary PKPU will be over in one week.

The Trial of the Case of Bribery Implicating Lippo Group Continues

The trial of Doddy Arianto Supeno, an employee of PT Artha Pratama Anugerah (APP) who was caught handing bribes to the Registrar of the Central Jakarta District Court Edy Nasution, continues. The Panel of Judges of the Corruption Court of Central Jakarta District Court decided to reject the objection that Doddy filed. PT Artha Pratama Anugerah (APP) is a subsidiary of Lippo Group.

error: Content is protected !!