The Novanto Scandal: Chronology and Legality of the Recordings
The transcript of the meeting between the Speaker of the House of Representatives (DPR) Setya Novanto and PT Freeport Indonesia is the hot item in the press. But details remain vaguely explained. So let’s talk about the chronology of the meetings.
Finding Justice for Harangganjang
The South Jakarta District Court (PN Jaksel) granted the pretrial petition filed by Budiman Muliadi, the President Director of PT Haranghanjang, related to the National Police Headquarter’s (Mabes Polri) termination of investigation (SP3) against the establishment of NG Haker Larson as a suspect in the case of land ownership dispute.
Case Study: the Case of IKEA and the Legal Protection on Trademarks
The Government of Indonesia has been trying hard to convince investors that Indonesia is the perfect investment destination. Those interested in infrastructure projected could be swayed, but those whose line of business focuses on consumer goods may not be so convinced. Recall that the Supreme Court (MA) rejected the cassation request filed by “IKEA” and upheld the verdict of the Central Jakarta District Court (PN Jakpus) that stated the elimination of IKEA’s trademark registration for goods class 20 and class 21 from the General Register of Trademarks in the Directorate General of Intellectual Property. Now, the goods in class 20 and class 21 with similar brand to IKEA are owned by PT Ratania Khatulistiwa, a Surabaya-based company.
The Setya Novanto Scandal: in the Eyes of the Law
On November 16, 2015, the Minister of Energy and Mineral Resources Sudirman Said reported the Speaker of the House of Representatives Setya Novanto to the DPR’s Board of Ethics (MKD). The Minister accused Setya Novanto of lobbying PT Freeport Indonesia under the pretext of representing the President, the Vice President, and the Coordinating Minister for Politics, Law, and Security (Menkopolhukam). Has Novanto broken any law?
Residents of Pati v. Indocement
Residents of the Regency of Pati, Central Java has just received a very good news. On November 17, 2015 the State Administrative Court (PTUN) of Semarang granted the lawsuit filed by the Kendeng community related to the licenses for mining and establishment of a cement factory owned by PT Sahabat Mulia Sakti (SMS), a subsidiary of PT Indocement Tunggal Prakarsa Tbk (INPT).
The Police Maintains Authority to Issue Driver’s License and Vehicular Registration
The Constitutional Court (MK) rejected the judicial review petition filed by the Indonesian Society Coalition for Police Reform that challenged the National Police’s authority to issue Driver’s License (SIM), Vehicular Registration Certificate (STNK), and Motor Vehicle Ownership Book (BPKB). The MK concluded that the Police had the constitutional authority to manage and issue said papers.
Regulatory Journal: The Regulation of the Minister of Finance on REIT
The Ministry of Finance has published the taxation treatment policies for entrepreneurs taxpayer. Included in the new range policies is the elimination of double taxation for financial instruments related to real estate investment funds (DIRE) using a scheme of collective investment contract (KIK). The KIK can be made individually or as a company. When combined in a company, the KIK will take the form of a Special Purpose Company (SPC).
Revising the Negative Investment List
The Government through the Investment Coordinating Board (BKPM) is reportedly planning a revision of the Negative Investment List (DNI). Discussions on the move have taken place since September 2015, proposals have been solicited from relevant ministries and state agencies, and the process is expected to complete in mid-2016.
Batavia Air’s Insolvency
The Supreme Court (MA) granted the request for reconsideration (PK) proposed by a team of curators for PT Metro Batavia (Batavia Air) in August 2015. The curators are now authorized to auction off Batavia Air’s office in Jalan Juanda, Central Jakarta. But to date, the curators has yet to receive the copy of the decision, and so execution of assets cannot be carried out.
Tasiya Soemadi is Free
The Bandung Corruption Court freed the Vice Regent of Cirebon H Tasiya Soemadi Al Gotas from allegation of embezzling social assistance funds during the fiscal year of 2009-2012. AGO’s investigators were in charge of prosecuting the case with the assistance of the High Court of West Java. The investigation started early this year, and resulted in the naming of three suspects: