To Participate without a Political Party

A young advocate named M Robby Candra is looking for a way to become a legislative candidate (caleg) for members of the House of Representatives (DPR) or regional DPRD individually or independently by submitting a request for Judicial Review to the Constitutional Court. The examination of the application has been ongoing since the end of 2023 and the latest hearing was held this week. Robby’s efforts can be understood by us, ordinary people, simply because involvement in a political party requires physical dedication and costs a lot of money, some politicians have passed their position for generations, so the political contest will only be possible for candidates who have the reputation and unlimited logistics to win. Unfortunately, Robby’s hopes are unlikely to come true, at least not in the near future.

Corruption in Bukit Asam

In June 2023, the South Sumatera High Prosecutors’ Office (Kejati Sumatera Selatan) announced an investigation into alleged corruption involving corporate actions carried out by PT Bukit Asam Tbk (PTBA). According to the prosecutors’ statement, PTBA acquired shares in...

Bank DKI v Waskita Beton

Entering the new year, the problems for PT Waskita Beton Precast Tbk (WSBP) do not seem to be decreasing. Towards the end of 2023, the subsidiary of PT Waskita Karya (Persero) Tbk (WSKT) is being sued by one of its creditors, PT Bank DKI. At the heart of the dispute...

The Aneka Tambang Saga

Three years ago we reported that the Panel of Judges of the Surabaya District Court granted the tort lawsuit filed by one Budi Said against PT Aneka Tambang (Persero) Tbk (ANTM). The State-owned company was ordered to compensate for the losses Budi claimed (Rp817.4 billion). Several months later the decision was annulled by the High Court, but then the Supreme Court decided in favor of Budi. In September 2023, the Assembly of Reconsideration (PK) decided to decline ANTM petition. Budi, therefore, won the legal battle, or so we thought. ANTM refused to obey the court’s decision and apparently conducted a separate investigation. By the end of 2023, we learned that the other key people in the case had been found guilty of corruption. Budi, however, refused to surrender and filed for a PKPU lawsuit, demanding ANTM to restructure its debt. This week, in the most interesting plot twist in a while, the Attorney General’s Office (AGO) named Budi as a graft suspect. What a mess.

Latest on the Railway Corruption Case

The trial of the bribee in the case of corruption involving officials of the Directorate General of Railways at the Ministry of Transportation is still ongoing. We know the case concerns railway projects in several different regions and therefore are examined by different district courts. This week, the Panel of Judges of the Corruption Court at the Semarang District Court declared two Ministry officials who’re responsible for the project in Central Java, are guilty.

SAP SE and Corruption in Indonesia (2)

Towards the end of last week, the Office of Public Affairs of the US Department of Justice (DOJ) announced that SAP SE (ETR: SAP), a publicly traded global software company based in Germany, entered into a three-year deferred prosecution agreement (DPA) with the department. SAP’s resolution with the department stems from bribery schemes involving government officials in South Africa and Indonesia and several other countries.

Revisiting Indosurya Case

It has been four years since the public became aware of the problems experienced by various Cooperative Unions, especially those who run businesses like banks and conduct fundraising, we know that the investigation into the Kospin Indosurya case is by far the most shocking and the most disappointing. Two managers who were tried on charges of committing banking crimes, including Henry Surya, were released from charges. Although the decision had been overturned by the Supreme Court, the decision did not exactly benefit the victims. In addition to the case, the POLRI later developed the investigation and examined allegations of similar legal violations involving PT Indosurya Inti Finance (PT IIF). We have not heard of the progress since then other than that PT IIF later changed its name and restarted conducting business under new name: PT Sarana Majukan Ekonomi Finance Indonesia (PT SMEFI). This week, unfortunately, the business license provided for PT SMEFI was revoked by the Financial Services Authority (OJK).

Jatim Jaya Perkasa v Bambang Hero

The devastating 2015 forest fires started a new journey in the Jokowi administration’s battle against the perpetrators who are not only individuals but also companies. However, we know that the Government’s struggle has lasted since even before 2015. Among the many perpetrators who were brought to court, there was PT Jatim Jaya Perkasa (PT JJP) which was deemed responsible for the fire on its concession in 2013. The company and manager of the estate were found guilty several years ago in two different courts, but until now the company refuses to comply with the court’s decision. Instead, the company tried to sue Bambang Hero Saharjo, a professor at the Bogor Agricultural Institute (IPB) who is an expert in Indonesian fire forensics. Bambang was the one who provided evidence which eventually prosecuted PT JJP. This is the second time the company has tried to sue Bambang Hero.

Judicial Review on Prosecutor’s Authority in Corruption Investigations

Last year, an advocate, Yasin Djamaluddin, filed a petition for Judicial Review of Law No. 16/2004 concerning the Prosecutors’ Office to the Constitutional Court. Yasin Djamaluddin asked for the prosecutors’ authority on investigation and inquisition of corruption cases to be removed. This lawsuit is interesting, not only because it was filed when the prosecutors’ offices under the lead of the Attorney General’s Office (AGO) was in their prime and exposed various allegations of major corruption cases, but also because Yasin acted as legal counsel for several graft suspects. This week, after nearly a year of examination, the petition was denied.

SAP SE and Corruption in Indonesia

Towards the end of last week, the Office of Public Affairs of the US Department of Justice announced that SAP SE (ETR: SAP), a publicly traded global software company based in Germany, entered into a three-year deferred prosecution agreement (DPA) with the department....

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