Overview of the Curator Profession
We often talk about Suspension of Debt Payments (PKPU) and petition for bankruptcy or in insolvency in our journal of law, but we haven’t really discussed the key profession behind said processes, i.e., the trustee in bankruptcy, which is otherwise known as the curator (in the case of PKPU the curator is known as the administrator).
People behind the Affected Fisheries Groups
Minister of fisheries and marine affairs Susi Pudjiastuti has revoked fisheries business license (SIUP) of four companies: PT Pusaka Benjina Resources, PT Dwi Karya Reksa Abadi, PT Mabiru Industries, and PT Maritim Timur Jaya. They are found guilty of committing serious violations of laws, including human trafficking, double-flag vessels, vessels without deletion certificate, vessels without deletion bill of sale, utilisation of foreign crews, document forgeries, etc.
The Jakarta Government v. BANI
The Indonesian National Board of Arbitration (BANI) issued the verdict No.608/VIII/ARB-BANI/2015 dated April 22, 2015, requiring the Government of the DKI Jakarta Capital City (Pemprov DKI) to pay the remaining Rp7.6 billion owed to vendor PT Ifani Dewi for the procurement of Transjakarta buses in2013. Pemprov DKI refused to accept the result of the arbitration by filing a lawsuit on June 17, 2015 to the Central Jakarta District Court (PN Jakpus).
Alternative Dispute Resolution
Businesses have alternatives for settling disputes outside of the civil/criminal court system, be it by way of mediation, arbitration, or through certain related institutions. Interest to resolve disputes through arbitration in Indonesia rose since the enactment of Law No. 30/1999 on Arbitration and Alternative Regular Dispute Resolution (UU Arbitrase). For many businesses, dispute resolution outside of the court is the preferred choice of action.
The Allocation of the Village Funds
President Susilo Bambang Yudhoyono enacted Law No. 6/2014 on Village (UU Desa) as the legal basis for actions done in the name of improving economic conditions in villages. But SBY did not have the chance to come up with the Law’s implementing regulation, and so the task was left in the hands of President Joko “Jokowi” Widodo, who then issued Government Regulation (PP) No. 43/2014 on the Implementation of UU Desa and PP No. 60/2014 on the so-called Village Funds (Dana Desa). The latter is one of the most important components of UU Desa as it carries with it immense political consequences.
Legislative Updates : RKUHP and RUU Penyiaran
The Bill to amend the Law on Broadcasting, and the Bill on the Criminal Code are two of the 37 bills listed in the 2015 Priority Legislation (Prolegnas Prioritas). Discussion on both bills have made progress. The details are as follows:
Investigation into TPPI Scandal: Where Are We?
The National Police’s Criminal Investigation Division (Bareskrim Polri) questioned former Energy and Mineral Resources (ESDM) Minister Purnomo Yusgiantoro on Wednesday (June 17) as a witness in the suspected corruption in PT Trans Pacific Petrochemical Indotama (TPPI). Purnomo’s questioning somehow escaped mainstream media’s attention. We wouldn’t have known that Purnomo was questioned if it weren’t for Brig. Gen. Victor Edison Simanjuntak of Bareskrim Polri.
Reviewing the Land Consignment Policy
The government of Indonesia knows that land acquisition has long been the bane of infrastructure projects. New laws and regulations were thus created to improve on the country’s system of land acquisition. One of the new policies that came out as a result was the improved consignment policy that departed from the 1996 consignment mechanism. The new and improved policy was outlined in Law No. 2/2012 on Land Procurement for Development in the Public Interest, with further elaboration contained in Government Regulation (PP) No. 30/2015 and Regulation of the Head of BPN No. 3/2007 concerning Systems and Procedures for Consignment. But it appears that even the new and improved consignment mechanism cannot truly expedite the land acquisition process.
KIARA v. Government of Jakarta on Island Reclamation Projects
In March 2015, a Non-Governmental Organization (NGO) called the Jakarta Monitoring Network (JMN) filed a lawsuit rejecting the development of Pluit City; an island reclamation project that is a part of the Giant Sea Wall megaproject at the northern coast of the capital city Jakarta. At the heart of JMN’s challenge was the Jakarta Governor Decree (Kepgub) No. 2238/2014 that acted as a reclamation permit for Island G to PT Muara Wisesa Samudra (MWS), a subsidiary of Agung Podomoro Land. JMN argued that the Kepgub in question was a direct violation to Presidential Regulation (Perpres) No. 122/2012. On May 12, 2015, however, JMN revoked the lawsuit after the Jakarta Provincial Government (Pemprov Jakarta) questioned JMN’s legal standing as an NGO. But the legal challenge didn’t end there.
Legislative Journal: Law on KPK
As previously reported, the meeting between the House of Representatives’ Legislative Body (Baleg DPR) and Minister of Law and Human Rights Yasonna Laoly resulted in the inclusion of the bill to revise Law No. 30/2002 on the Corruption Eradication Commission (RUU KPK) into the 2015 National Legislative Priority (Prolegnas Prioritas 2015). The sudden, expedited move to revise the KPK Law is surprising, though this is not the first effort to do so.