Parliamentary Threshold and Democracy

Last week, the Constitutional Court once again made a decision that attracted public attention. After several months of examination of the application for Judicial Review submitted by the Association for Elections and Democracy (Perludem), the court decided that the parliamentary threshold provision of 4 percent which had been used as a condition for the political party to enter the House of Representatives must be revised. That said, before the 2029 election, the Constitutional Court asked lawmakers to recalculate and set the correct threshold number. Through several considerations, this decision can be understood, but on the other hand, many questions arise. The provisions regarding the parliamentary threshold have been repeatedly changed, but this is not the case with the presidential threshold provisions. Of over thirty Judicial Review applications submitted to the Constitutional Court regarding changes to the presidential threshold, all were rejected. Why is that?

KPPU Latest Investigation

In at least the last six months, various information regarding the scarcity and shortage of rice commodities in the retail market, which of course is accompanied by a surge in rice prices, has caused anxiety to the people. This situation is made worse by allegations that the shortage and surge of prices are caused by the political games of the authorities, considering that this coincides with the 2024 election process. Last week, the Business Competition Supervisory Commission (KPPU) finally stepped in and conducted a Focus Group Discussion (FGD) with various stakeholders and formed a team that will carry out further investigations.

New Lawsuit against Investree

Peer-to-peer lending platform (P2P lender), Investree, was ambitious to help strengthen the Indonesian economy by providing financial assistance to SMEs, especially those affected by COVID-19. This ambition led to the company’s ability in getting a series of funding even in the midst of a pandemic. However, the impact of COVID-19 lasted longer than the prediction and the condition of the company was also affected although not completely. Throughout 2023, there were two lawsuits filed against the company and entering the third month of 2024, three lawsuits have been filed, the latest was registered to the South Jakarta District Court this week.

Defendant Syahrul Yasin Limpo

The Corruption Eradication Commission (KPK) officially announced that they had named three suspects in the latest case of alleged corruption in the Ministry of Agriculture, one of whom is the then Minister of Agriculture, Syahrul Yasin Limpo, back in October 2023. This is in line with the news circulating after the KPK searched the official residence of the Minister on Thursday, Sept. 28, 2023 evening. Syahrul managed to pull some antics before finally deciding to resign from his position earlier that month. The case, however, contains too much drama which later dragged down then Chief of KPK, Firli Bahuri. Firli was named suspect by the POLRI for allegedly blackmailing Syahrul, the case that forced Firli to resign from his post. Drama aside, the investigation in the KPK continues. This week, Syahrul finally stands trial as graft defendant, following the footsteps of his two other siblings.

Asuransi Jiwasraya Case and Bakrie Group

The trial of the decade ended in 2020. Benny Tjokrosaputro and Heru Hidayat, who were defendants in the corruption related to PT Asuransi Jiwasraya, were found guilty and sentenced to life imprisonment. It’s a historic outcome in Indonesia’s corruption eradication effort, but questions remain until today. Benny insisted that he was not the one to blame in the case. During the court proceedings he accused the Bakrie Group for playing a bigger role in causing State losses, Benny even tried to sue the Supreme Audit Agency (BPK) repeatedly, but we never really understand what he really meant. Interestingly, this week the South Jakarta District Court registered a lawsuit filed by several familiar names against the Attorney General’s Office (AGO) and although the court has not published detailed information on the lawsuit, the plaintiffs remind us of the Asuransi Jiwasraya case.

On Forza Land Bankruptcy

It has only been three years since PT Forza Land Indonesia Tbk (FORZ, formerly PT Megah Satu Properti) launched its plan to offer the company’s shares through initial public offering (IPO), and two years since the plan was realized in April 2017, the company are already facing issues. In 2019, the Commercial Court of the Central Jakarta District Court registered two lawsuits on Suspension of Debts Payment (PKPU) against the company. The dispute can be resolved with peace agreement, but not for long. By 2022, Forza Land had been declared bankrupt after the court decided to annul the previously agreed peace agreement. Legal problems continue to this day.

Satgas BLBI Resume Work

The Satuan Tugas Penanganan Hak Tagih Negara Dana Bantuan Likuiditas Bank Indonesia (Satgas BLBI) finally appeared to start working immediately after the new Coordinating Minister for Political, Legal and Security Affairs was appointed. From last week until today, the Satgas has published six summons aimed at the existing obligors.

Corruption in the House of Representatives

The Corruption Eradication Commission (KPK) finally announced a case of alleged corruption involving the Secretariat General of the House of Representatives. This case has actually begun to be examined by the commission since mid-2023 but has escaped public attention. With the latest announcement and the fact that the investigation process has escalated to the inquisition stage, this means that there is already suspect(s), however the KPK has not yet announced who the suspect is in this case or the chronology of the case.

Latest on Kresna Life Case

The problematic PT Asuransi Jiwa Kresna (known as Kresna Life linked to PT Kresna Graha Investama Tbk – KREN) managed to avoid bankruptcy in February 2021 only to have the decision annulled by the Supreme Court. The firm is declared bankrupt. Two years after the chaotic dispute was made known to the public, the police announced that they had named the President Director of Kresna Life as suspect in an ongoing investigation into a criminal case. Months later, the investigation developed into another case of alleged money laundering involving affiliated companies. All this happened while the firm’s license had been revoked by the Financial Service Authority (OJK). Recently, however, the Jakarta State Administrative Court (PTUN Jakarta) decided to annul OJK’s decision. What does this mean?

On Corruption in Sidoarjo : New Suspect

The Corruption Eradication Commission (KPK) began 2024 with a Sting Operation in East Java. This time, the KPK succeeded in securing a number of parties and uncovering a case of alleged corruption in Sidoarjo. After the initial investigation, interestingly, the KPK only named one suspect. After a couple of weeks, towards the end of last week the KPK named a new suspect. The decision so far is interesting because the chronology of events reveals allegations that the proceeds of corruption were used for the Regent’s interests, but the Regent is still a free man until today.

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