What Is A Balanced Verdict?
On April 6, 2015, Judge Zuhairi of the South Jakarta District Court aborted the pretrial petition filed by Nuri Ratnasari related to the issuance of SP3 (Warrant of Termination of Investigation) in the case of alleged default by PT Asuransi Jiwasraya (Persero). The Judge declared SP3 Number: SPPP/566/VI/2014 dated June 26, 2014 lawful.
The Case of PLTU Sumuradem
Vice President Jusuf Kalla (JK) attended the trial of the former Regent of Indramayu Irianto MS Syafiuddin (otherwise known as Yance). Yance is allegedly abused the land acquisition fund for the construction of Steam Power Plant (PLTU) in Sumuradem, Indramayu. The trial was held at the Bandung Corruption Court on April 13, 2015. Aburizal “Ical” Bakrie was also seen attending the trial.
New Tax Regulation Postponed
The Ministry of Finance has decided to delay the implementation of the Regulation of Director General of Taxation (Perdirjen) No. PER-01/PJ/2015 on the Amendment to the Perdirjen No. PER -53/PJ/2009 that regulates Withholding Tax. The Vice Minister of Finance Mardiasmo, in his capacity as the then acting Director General of Tax, published said Perdirjen on January 26, 2015 requiring banks to submit evidence of Income Tax (PPh) payment on deposit interest and customer savings in detail. The regulation was meant to come into force starting March 1, 2015 but it is now postponed indefinitely.
The POLRI-KPK-AGO Memorandum of Understanding
The process for the graft case of the Police Commissioner General Budi Gunawan continues. The Attorney General Office (AGO) recently delegated the inquisition of the case to the Police Criminal Investigation Agency (Bareskrim). The AGO had since argued that they had to delegate the case to the Bareskrim Polri because the case document—the one that the Corruption Eradication Commission (KPK) handed over to the AGO—was supposedly incomplete, thus mandating further investigation.
List of Pre-Trial Petitions
Seeking pre-trial has become somewhat of a fad ever since Judge Sarpin Rizaldi of the South Jakarta District Court accepted the pre-trial petition of the former Police Commissioner General Budi Gunawan on February 16, 2015. Budi Gunawan’s successful attempt at revoking his graft suspect status inspired others of similar fate.
The Case of Palyja and Aetra
On March 24, 2015, not long after the Constitutional Court decided to revoke the Law No. 7/2004 on Water Resources, the panel of judges of the Central Jakarta District Court voted in favor of the petition filed by the Coalition Against Water Privatisation in Jakarta.
Law on Water Resources Revoked
The Constitutional Court through decision No. 85/PUU-XI/2013 granted the Judicial Review on Law No. 7/2004 on Water Resources. The PP Muhammadiyah, the central leadership of the second largest Islamic organization in Indonesia, is one of the eleven judicial review applicants. Of the eleven application, MK declined the request of Applicant III, namely the Solidarity of Parking Attendants, Street Vendors, Employers, and Employees (SOJUPEK).
Law Journal: PKPU for PT Asuransi Jiwa Bumi Asih Jaya
Life insurance company PT. Asuransi Jiwa Bumi Asih Jaya (AJBAJ) has filed for debt restructuring or Suspension of Debts Payment (Penundaan Kewajiban Pembayaran Utang – PKPU). The request was filed in response to other lawsuit filed by the Financial Services Authority (Otoritas Jasa Keuangan – OJK), which aims to legalize the bankruptcy of AJBAJ. The OJK, acting on behalf of the customers of AJBAJ, seeks to bankrupt the life insurance company in relation to its Rp80.5 billion debt.
The Mandatory Rupiah Policy
The Bank Indonesia Regulation (Peraturan Bank Indonesia – PBI) No. 17/3/PBI/2015 on Mandatory Rupiah Transaction in the Territory of the Republic of Indonesia is a follow-up to the Law on Bank Indonesia (BI) and the obligation to use the Rupiah as stipulated in Law No. 7/2011 on Currency. The mandatory Rupiah policy applies to both cash and noncash transactions. The new policy also requires prices of goods and services in Indonesia to be specified only in Rupiah.
Law Journal: PKPU for Nyonya Meneer
The debt dispute between a legendary Indonesian herbal company PT Nyonya Meneer with its distributor, PT Nata Meredia Investama (PT NMI), continues. The Judge of the Semarang Commercial Court examined the Suspension of Debt Payment (Penundaan Kewajiban Pembayaran Utang otherwise known as PKPU) status and decided to extend the PKPU period.