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Sabtu, 03 Desember 2022

Crypto Master Falls Poor, His Company Debts IDR 48 Trillion!

(detik.com)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Wealthy Startup Founder Turns Out to be a Fraudster, Jailed for 11 Years", "Bernie Madoff, The Story of the Biggest Ponzi Scheme Scam in History", you may read also "Related To The Balikpapan Bay Oil Spill Case, Pertamina Won the Lawsuit" and on this occasion we will discuss about 'Crypto Master Falls Poor, His Company Debts IDR 48 Trillion!'.

Crypto exchange company FTX, which claimed to be bankrupt, turned out to be heavily in debt. According to court documents, this US-based company has loans totaling USD 3.1 billion or around IDR 48.7 trillion to its 50 biggest creditors. As reported, FTX has collapsed and its founder, Sam Bankman Fried, has fallen into poverty. From the beginning, Bankman's assets were in the range of USD 16 billion or Rp. 247 trillion, now there is nothing left at all.[1]

As quoted by detikINET from the BBC, in previous bankruptcy filing documents, it was revealed that FTX may have debts to more than 1 million individuals and businesses. It is not yet clear how many people who have invested in FTX will get their money back later. Some experts estimate that they will only get a small portion of the funds they have invested.[2]

FTX said it was reviewing its global assets and would reorganize part of the business. The court will soon decide whether FTX deserves to be declared bankrupt. Sam Bankman himself is currently still in his residence in the Bahamas. The FBI is reportedly exploring the possibility of Bankman's extradition to the United States. According to Bloomberg sources, the extradition effort involves the FBI and the talks have intensified in recent days. Authorities want to know the extent of Bankman's involvement in FTX's downfall. "At this time, Sam Bankman Fried, Gary and Nishah are under surveillance in the Bahamas, which means it will be difficult for them to leave," said an anonymous source.[3]

So how did the FTX collapse start? FTX has its own currency called FTT. It is indicated in a leaked document that an FTX investment company called Alameda Research, has been fully stocked with FTT tokens, of dubious value, to artificially inflate its assets. This prompted another crypto exchange company, Binance, to dump all of its FTT tokens on the market, triggering panic. Consumers directly withdraw their money from FTX billions of dollars.[4] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Juragan Kripto Jatuh Miskin, Perusahaannya Ngutang Rp 48 Triliun!", detik.com., Diakses pada tanggal 22 November 2022, https://inet.detik.com/business/d-6417553/juragan-kripto-jatuh-miskin-perusahaannya-ngutang-rp-48-triliun
2. Ibid.
3. Ibid.
4. Ibid.

Jumat, 02 Desember 2022

Wealthy Startup Founder Turns Out to be a Fraudster, Jailed for 11 Years

(gettyimages)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Elza Syarief, Salah Satu Advokat Perempuan Populer Indonesia", "Bernie Madoff, The Story of the Biggest Ponzi Scheme Scam in History", "How To Report Online Scammer Or Fraud To The Police In Indonesia" you may read also "Case of Boredom at Work" and on this occasion we will discuss about 'Wealthy Startup Founder Turns Out to be a Fraudster, Jailed for 11 Years'.

Elizabeth Holmes, the founder of startup Theranos who was once one of the richest women in the world, was sentenced to more than 11 years in prison. He was found guilty of deceiving investors about the effectiveness of his company's blood test kits. "I feel deep sorrow for what people have gone through because of my failure. To investors and patients, I apologize," he said, quoted by detikINET from CNBC. The 38-year-old woman's lawyers initially argued that the maximum sentence for her was 18 months. However, the judge rewarded him 11 years and 3 months behind bars.[1]

The startup Theranos' business model is to run blood tests with its own technology that requires only a small sample. This test is claimed Holmes can instantly detect medical conditions such as cancer and high cholesterol. Investors also came because they were promised to reap big profits. Holmes also became one of the richest women in the United States in 2014, according to calculations by Forbes.[2]

Holmes's name is increasingly known, he is widely covered in the media. He often attends prestigious events such as TED Talks where he shares the stage with Bill Clinton and Jack Ma. Outsiders are widely interested in Theranos. One of them is Walgreens retail, which opened a blood test center with Theranos technology. "I know he had this brilliant idea and he managed to convince all these investors and scientists," said Dr. Jeffrey Flier, former dean of Harvard Medical School, having lunch with Elizabeth Holmes in 2015. In August 2015, the FDA government agency finally began investigating Theranos. Government regulators later found the blood tests Theranos performed on patients were inaccurate.[3]

In October 2015, the influential Wall Street Journal published findings about Theranos that turned out to be dubious technology. This news sparked a deeper downfall for Theranos and Holmes. John Carreyrou, a reporter for the Wall Street Journal, revealed that the Theranos blood test machine, called the Edison, could not give accurate results. Because of this, Theranos seems to be using the same machines as other traditional blood test companies, rather than its own technology.[4] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Pendiri Startup Kaya Raya Ternyata Penipu Dibui 11 Tahun", detik.com., Diakses pada tanggal 21 November 2022, Link: https://inet.detik.com/law-and-policy/d-6415895/pendiri-startup-kaya-raya-ternyata-penipu-dibui-11-tahun
2. Ibid.
3. Ibid.
4. Ibid.

Rabu, 30 November 2022

Related To The Balikpapan Bay Oil Spill Case, Pertamina Won the Lawsuit

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "MV Captain Sentenced to 10 Years in Prison Related to Oil Spill in Balikpapan Bay", "Gugatan Tambahan (Asesor)", "Tiga Larangan Hukum Acara Terkait Merubah Surat Gugatan" you may read also "Pengertian dan Pengaturan Penggabungan Gugatan" and on this occasion we will discuss about 'Related To The Balikpapan Bay Oil Spill Case, Pertamina Won the Lawsuit'.

The South Jakarta District Court (PN) granted PT. Pertamina (Persero) against Zhang Deyi (son of Zhang Zheniqing) (Defendant 1), Ever Judger Holding Company Limited (Defendant 2), Fleet Management Ltd (Defendant 3), and PT Penascop Maritim Indonesia (Defendant 4), and punished the defendants to jointly and severally pay compensation to PT. Pertamina (Persero) in the amount of IDR 1,596,370,080,820.49 and USD 23,722,028.53.[1]

The Panel of Judges at the South Jakarta District Court chaired by Nazar Effriandi Siregar, S.H. with the judge in favor of members H. Bawono Effendi, S.H., M.H., and Hapsoro Restu Widodo, S.H., on Wednesday, January 19 2022, through his decision Number: 976/Pdt.G/2018/PN.Jkt.Sel stated that he granted PT. Pertamina (Persero) lawsuit.[2]

Attorney for PT. Pertamina (Persero), Otto Hasibuan, explained that the case started with environmental pollution in Balikpapan Bay which occurred as a result of the actions of Defendant 1 who dropped the anchor in the restricted zone up to the restricted zone which caused the underwater pipeline belonging to PT. Pertamina (Persero) broke/damaged and the crude oil that was in the pipeline also came out and caused an oil spill at sea. The Panel of Judges in their decision considered that the act was clearly not only contrary to Defendant 1's legal obligations as a ship captain, but also violated the civil rights of PT. Pertamina (Persero) which is subjectively protected by statutory provisions to own and operate a sub-sea pipeline.[3]

Furthermore, in accordance with the provisions of Article 1367 of the Civil Code Jo. Article 321 Commercial Code Jo. Article 41 paragraph 1 Law 17/2008 Jo. Article 100 paragraph 2 of Law 17/2008 Jo. Article 181 paragraphs 1 and 2 of Government Regulation Number 20 of 2010 concerning Transportation in Waters, Article 1 point (7) Law 17/2008 Jo. Article 11 paragraph (4) Law 17/2008 Jo. Article 12 point 'C' Regulation of the Minister of Transportation Number PM 11 of 2016 concerning the Operation and Operation of Ship Agencies, the Panel of Judges is of the opinion that there appears to be a legal relationship between Defendant 1, Defendant 2, Defendant 3 and Defendant 4, so that the unlawful acts committed by Defendant 1 are not only the responsibility of the responsibility of Defendant 1 but also the responsibility of Defendant 2, Defendant 3 and Defendant 4. Thus Defendant 1, Defendant 2, Defendant 3 and Defendant 4 are obliged jointly and severally to pay compensation for the unlawful act committed by Defendant 1.[4]

The full text of the court ruling is as follows:[5]

In the Exception:

Rejecting the Defendants' exception in its entirety.

In the Substantial Matter:
  1. Granted the Plaintiff's Claim in part.
  2. Declare that Defendant 1 has committed an unlawful act against the Plaintiff.
  3. Punish the Defendants to be jointly and severally liable for the losses suffered by the Plaintiffs.
  4. Punish the Defendants jointly and severally liable to pay for the material losses suffered by the Plaintiff in the amount of Rp. 1,596,370,080,820.49 and USD 23,722,028.53 (twenty three million seven hundred twenty two thousand twenty eight point fifty three cents United States Dollar);
  5. Rejecting the Plaintiff's Lawsuit for other than and the rest.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Pertamina Menang di Kasus Pencemaran Lingkungan Teluk Balikpapan", www.portonews.com., Diakses pada tanggal 27 November 2022, Link: https://www.portonews.com/2022/keuangan-dan-portfolio/lingkungan-hidup/pertamina-menang-di-kasus-pencemaran-lingkungan-teluk-balikpapan/
2. Ibid.
3. Ibid.
4. Ibid. 
5. Ibid.

Senin, 28 November 2022

MV Captain Sentenced to 10 Years in Prison Related to Oil Spill in Balikpapan Bay

 
(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Sudargo Gautama, Advokat Dan Ahli Hukum Perdata Internasional", "Memahami Misrepresentasi Dalam Skandal BLBI Melibatkan Sjamsul Nursalim & Itjih Nursalim", "Menakar Pidana Yang Mengintai Pengacara Djoko S. Tjandra" you may read also "Dugaan Penipuan Pengguna Identitas Palsu Pemilik Mobil Mewah Guna Menghindari Pajak Kendaraan Bermotor Progresif" and on this occasion we will discuss about 'MV Captain Sentenced to 10 Years in Prison Related to Oil Spill in Balikpapan Bay'.

The Supreme Court (MA) sentenced the captain of KM Ever Judger, Zhang Deyi, to 10 years in prison. The Chinese citizen was proven to have carried his ship in negligence so that it crashed into Pertamina's pipeline. As a result, Balikpapan Bay is polluted and burned. 5 Anglers killed. The case began when KM Evar Judger crossed Balikpapan Bay. Then Zhang Dewi made an anchor on March 31 2018. It turned out that there was a Pertamina pipe underneath so that the pipe was torn. Spilled oil ravages the bay.[1]

Zhang Deyi was then legally processed. On March 11, 2019, the Balikpapan District Court sentenced Zhang Deyi to 10 years in prison for being proven guilty of committing the crime of environmental pollution and destruction. Zhang was also fined Rp. 15 billion, a subsidiary of 1 year in prison.[2]

The above decision was upheld by the East Borneo High Court (PT). For this, the man who was born on November 1, 1968 filed an appeal. "Rejecting the cassation request from Petitioner I/Public Prosecutor at the Balikpapan District Attorney and Cassation Petitioner II/Defendant Zhang Deyi," said the Supreme Court decision, quoted from the Supreme Court website, Sunday (12/4/2020).[3]

The chairman of the assembly Sri Murwahyuni ​​and members of the Eddy Army and Gazalba Saleh drafted the decision. According to the assembly, the following was the fault of a resident of Minzheng Street 417, Shahekou District, Dalian, Liaoning Province, China:[4]
  1. The defendant as the captain of the ship knew that there was a prohibition in the Balikpapan Bay waters area based on Electronic Charta Display Information System (ECDIS) data contained on the MV Ever Judger ship as well as the prohibition in the form of area foam signs where lego anchors were prohibited because there was an underwater pipeline belonging to PT Pertamina based on the Indonesian sea map 157 and Electronic Navigational Chants (ENC) ID400157 are Official Vector sea charts based on electronics in accordance with the mandate of the SOLAS (Safety Of Life At Sea) convention, IMO (International Maritime Organization).
  2. The defendant who knew that there was a prohibition that was read from the ECDIS and the foam that could be seen at sea, should have avoided or warned not to lower the anchor, but the defendant ordered the Chief Officer I to lower the anchor 1 (one) seal (27.5 M) in the water when entering the underwater pipeline area which has finally created a hazard by damaging Pertamina's underwater oil pipeline.
  3. Where the anchor was found 1 (one) seal in the water in the restricted area and there is a pipeline owned by Pertamina as the northern pipe was cut off and released 103,771 Bbl of crude oil and resulted in exceeding seawater quality standards, as the results of analysis and evacuation of fingerprints, oil spills raw materials in Balikpapan Bay carried out by the chemical and biotechnology environmental technology group signed by Dr. Oksil Venriza S.Si., M.Eng.
  4. The interruption of the crude oil pipeline belonging to PT Pertamina on the Lowe Lowe to Balikpapan sea route due to being snagged by the left anchor of the MV Ever Judger Ship which caused an oil spill in the waters of Balikpapan Bay, apart from causing seawater quality standards to be exceeded or standard criteria for environmental damage as well caused a burning oil spill at several points in the Balikpapan Bay Sea Waters on Saturday 31 March 2018 at around 10.30 WITA and caused the victims of 5 anglers around the burning oil distribution point area resulting in death and burns, drowning and signs of suffocation .
  5. The Defendant's material actions have fulfilled all elements of the crime of Article 98 Paragraph (3) of Law Number 32 of 2009 concerning Environmental Protection and Management.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "MA Hukum Nakhoda 10 Tahun Bui di Kasus Minyak Tumpah di Teluk Balikpapan", news.detik.com., Oleh: Andi Saputra, Diakses pada tanggal 27 November 2022, Link: https://news.detik.com/berita/d-4974173/ma-hukum-nakhoda-10-tahun-bui-di-kasus-minyak-tumpah-di-teluk-balikpapan
2. Ibid.
3. Ibid.
4. Ibid.

Sabtu, 26 November 2022

Bribery in Corruption Act

 
(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Sebab Dissenting Opinion, Abdul Rahman Saleh Menjadi Jaksa Agung", "Concerning Attempts, Assistance or Evil Conspiracy to Commit Corruption Crimes", you may read also "Regarding the Crime of Giving Gifts or Promises to Civil Servants" and on this occasion we will discuss about 'Bribery in Corruption Act'.

Previously, we discussed the conspiracy to engage in corruption, and on this occasion we will discuss bribery. As for Article 5 of Law No. 31 of 1999 Jo. Law No. 20 of 2001 Concerning Corruption Crimes and their amendments regulates as follows:[1]
  1. Shall be punished with imprisonment for a minimum of 1 (one) year and a maximum of 5 (five) years and or be fined a minimum of Rp. 50,000,000,- (fifty million rupiah) and a maximum of Rp. 250,000,000,- (two hundred and five tens of millions of rupiah) each person who: (a). give or promise something to a civil servant or state administrator with the intention that said civil servant or state administrator will do or not do something in his position, which is contrary to his obligations; or (b). give something to a civil servant or state administrator because of or in connection with something that is contrary to obligations, done or not done in his position.
  2. Civil servants or state administrators who receive gifts or promises as referred to in paragraph (1) letter a or letter b shall be subject to the same punishment as referred to in paragraph (1).

The corruption offense regulated in Article 5 is what we know as corruption in the form of 'bribes'. Article 5 regulates 2 main acts of corruption in the form of bribery, namely the corruption offense of giving a bribe/bribe and the corruption offense of receiving a bribe, which offenses are separate offenses. The offense of bribing has occurred by giving something to a civil servant, so that even if the civil servant who is to be given does not accept the gift, the offense of bribing can still be threatened to the perpetrator. In other words, bribery can occur without the recipient of the bribe. However, if there is a bribe taker, it is certain that there is a bribe.[2]

The offense of corruption in the form of 'giving a bribe' is as stipulated in Article 5 paragraph (1) while the offense of corruption in 'accepting a bribe' is as stipulated in Article 5 paragraph (2). The offense of corruption in the form of giving bribes as regulated in Article 5 paragraph (1) consists of two forms, namely as provided for in letter 'a' and letter 'b'. The main difference between the two is that in the offense of giving bribes as stipulated in letter 'a', the gift or promise is made with the aim that a civil servant or state administrator does or does not do something in his position that is contrary to his obligations. Meanwhile, the offense of corruption in the form of giving a bribe as stipulated in letter b is a gift made because a civil servant or state official has done something that is contrary to the obligations he or she did or did not do in his/her position.[3] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 20 November 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf
2. Ibid.
3. Ibid.

Kamis, 24 November 2022

Concerning Attempts, Assistance or Evil Conspiracy to Commit Corruption Crimes

 
(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Mengenal Hillary Clinton Sebagai Seorang Pengacara", "Knowing Article 2 and Article 3 of the Indonesian Corruption Law", "A Glimpse History of Corruption", you may read also "The Legal Basis for Eradicating Corruption in Indonesia" and on this occasion we will discuss about 'Concerning Attempts, Assistance or Evil Conspiracy to Commit Corruption Crimes'.

Previously, we discussed giving gifts or promises to civil servants, and on this occasion we will discuss conspiracy to commit criminal acts of corruption. As for Article 15 of Law No. 31 of 1999 Jo. Law No. 20 of 2001 Concerning Corruption Crimes and their amendments regulates as follows:[1]
"Everyone who tries, assists or conspires to commit a criminal act of corruption, shall be punished with the same punishment as referred to in Article 2. Article 3, Article 5 to Article 14".

Corruption offenses regulated in Article 15 actually cannot be categorized as offenses formulated by legislators considering the concept of the formulation of offenses used adopts the concept in the Criminal Code. In order to apply Article 15, we need to first understand the concepts of criminal law regarding pogging, medeplichtigheid, and conspiracy as stipulated in the Criminal Code.[2]

The attempted crime as regulated in Article 53 of the Criminal Code is essentially an unfinished crime. Unfinished criminal acts may be subject to criminal sanctions as long as they meet the probationary conditions that can be punished, namely:[3]
  1. There is an intention.
  2. There is a start of implementation.
  3. The unfinished offense was not due to the will of the perpetrator.

If an unfinished criminal act has fulfilled the three conditions above, the perpetrator can be held criminally responsible. However, there is a fundamental difference between the poging provisions in the Criminal Code and the poging concept applied in the corruption law, namely the punishment. In the Criminal Code, the sentence for an attempted offense will be reduced by one third if the offense is completed or perfect, whereas in the corruption law as long as the trial requirements have been met, a perpetrator of attempted corruption offenses can not only be held criminally responsible but the punishment threatened to him. the same as when the corruption offense was completed.[4]

Assistance (medeplichtigheid) is an act that intentionally helps someone who is about to commit or is currently committing a crime. The efforts made by an assistant, namely by giving opportunities, means, or information. As for the efforts of an assistant to the main actor who is committing the offense, it is not definitively determined, so that any action can be categorized as a form of assistance to the main actor if someone does not prevent other people from committing the offense. In terms of helping someone who is about to commit a crime, Article 56 of the Criminal Code requires that based on Article 56 of the Criminal Code the punishment for an assistant is reduced by one third from the sentence for the main perpetrator, whereas in corruption offenses the criminal threat for an assistant is the same as the criminal threat for the main perpetrator.[5]

Regarding conspiracy to commit crimes, the Criminal Code stipulates conspiracy to commit crimes that can only be punished, such as treason, murder of the head of state and/or guests of the state. The criminal sanctions that threaten the perpetrators of criminal conspiracy are lighter than those for killing heads of state and or guests of the country. In the corruption law, even though the actions of a person or several people merely fulfill the existence of a conspiracy, the criminal sanctions that can be threatened against them are the same as if they have committed the corruption offense that was just agreed upon.[6] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 20 November 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

Selasa, 22 November 2022

The Crime of Giving Gifts or Promises to Civil Servants

 
(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Rights of Employees Affected by Layoffs", "Knowing Article 2 and Article 3 of the Indonesian Corruption Law", you may read also "A Glimpse History of Corruption", "The Legal Basis for Eradicating Corruption in Indonesia" and on this occasion we will discuss about 'The Crime of Giving Gifts or Promises to Civil Servants'.

Still in the session on eradicating corruption in Indonesia, as we know that previously discussed the matter of enriching by against the law, him/herself, other people or corporations. On this occasion we will discuss giving gifts or promises to civil servants.

As for Article 13 of Law No. 31 of 1999 Jo. Law No. 20 of 2001 Concerning Corruption Crimes and their amendments regulates as follows:[1]
"Any person who gives a gift or promise to a civil servant with intention in mind the power or authority attached to his position or position, or considered by the giver of the gift or promise to be attached to said position, shall be punished with imprisonment for a maximum of 3 (three) years and or a fine Rp. 150,000,000,- (one hundred and fifty million rupiah) at most."

The main act prohibited in Article 13 as the third act of corruption is giving gifts or promises to civil servants. Giving is a good deed, but giving a gift to someone with intention in mind the power or authority attached to that person's position, is an act that is included in the definition of an offense of corruption. The basic understanding that needs to be understood is that the act of giving which is prohibited by this offense is giving gifts or making promises.[2]

As we all understand, in general a prize is given because someone as the recipient has made a certain achievement. It is for this achievement that prizes are awarded. Giving that does not require achievement does not fulfill the definition of a gift. What is a bit confusing is the notion of giving a promise. The law does not explain the meaning of making a promise, therefore the act of making a promise referred to here can be interpreted as any, all, and all acts of giving a promise, including what we know in our daily activities as "pledges"![3]

In everyday life we ​​often give something to a civil servant, especially an official, by looking at the position and or authority attached to his/her position or rank. The anti-corruption doctrine does not require such giving. Relations with civil servants, officials, people who have power and or authority do not need to get a special place. This offense can only be threatened against a giver, while the recipient will be threatened with another article.[4] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 20 November 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf
2. Ibid.
3. Ibid.
4. Ibid.

Senin, 21 November 2022

Rights of Employees Affected by Layoffs

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Knowing Article 2 and Article 3 of the Indonesian Corruption Law", "Contoh Gugatan Perselisihan Hubungan Kerja", "If I Get Fired, What Are My Rights According to Indonesian Law?" you may read also "Aspek Pidana Tidak Melaksanakan Putusan PHI" and on this occasion we will discuss about 'Rights of Employees Affected by Layoffs'.

Background

'Ruangguru', a digital learning startup or edutech, is taking steps to terminate employment (PHK) for hundreds of employees as of this Friday (18/11/22'). This decision was taken due to the drastically worsening global market situation. "There were hundreds of Ruangguru employees who were affected by this termination of employment," said Ruangguru's Corporate Communications Team to CNNIndonesia.com. The company said that all affected employees have received severance pay, long service pay, and compensation for rights (if there are remaining leave), in accordance with statutory regulations.[1]

Friday evening, November 18 2022, GoTo officials announced the termination of employee relations or layoffs of 1,300 employees in a number of countries. PT. GoTo Gojek Tokopedia has just gathered all of its employees for the CEO Briefing agenda. One of the Tokopedia employees, said that GoTo group officials announced the news of layoffs (PHK) for 1,300 employees which will be carried out today. "The announcement will be made after 6 o'clock, and those who will be laid off will be emailed,". He revealed that he and other employees were not informed of the contents of the discussion in the CEO Briefing when the invitation was sent. However, employees are already guessing about the issue of layoffs. Moreover, many mass media in Indonesia and internationally have reported this information.[2]

Rights of Employees Affected by Layoffs

The governing law that regulates employment termination in Indonesia is Law Number: 13 of 2003 concerning Manpower. What are the rights of workers under Indonesian law when he/she was affected by Layoffs? This article assumes that you work in Indonesian jurisdiction and in an Indonesian company. In the event of termination of employment, based on Article 156 paragraph (1) of Law Number: 13 of 2003 concerning Manpower, the worker is entitled to severance pay, service award, and compensation money.[3]

Severance Pay

Severance pay is the right of the employee affected by the Termination, commonly in the form of money from the company/employer as a result of the Termination of Work. The amount is the same as the basic salary plus other fixed allowances or the same as the salary each month. The amount of severance pay are vary, depending on the employee's tenure. For example, for a period of less than a year, you will get one month's salary, while for a period of one to two years you will get two months of salary, and so on.[4]

Service Award

The long service award is given as a sign of employee loyalty to a company. The condition, you must work at least 3 years in the company. The calculation of the award money is based on Article 156 paragraph (3) of Law Number: 13 of 2003 concerning Manpower. For example, if the service period is three to six years, you will receive an award of two months' wages.[5]

Compensation Money

The compensation for the rights of employees affected by termination of employment is compensation for the rights of workers who have not been taken. The explanation for this compensation is regulated in Article 156 of Law Number: 13 of 2003 concerning Manpower. For example, the cost of annual leave, the cost of returning employees and their families to a new place of work, housing reimbursement and medical treatment are set at 15% of the severance pay and period of service pay.[6] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Ruangguru PHK Ratusan Karyawan Mulai Hari Ini", cnnindonesia.com., Diakses pada tanggal 20 November 2022, https://www.cnnindonesia.com/ekonomi/20221118171219-92-875655/ruangguru-phk-ratusan-karyawan-mulai-hari-ini
2. "Terkini Bisnis: Tangis CEO GoTo Saat Umumkan PHK 1.300 Karyawan, RI Dapat Komitmen Investasi 125 T", bisnis.tempo.co., Diakses pada tanggal 20 November 2022, https://bisnis.tempo.co/read/1658395/terkini-bisnis-tangis-ceo-goto-saat-umumkan-phk-1-300-karyawan-ri-dapat-komitmen-investasi-125-t
3. "If I Get Fired, What Are My Rights According to Indonesian Law?", www.hukumindo.com., Diakses pada tanggal 20 November 2022, https://www.hukumindo.com/2021/10/if-i-get-fired-what-are-my-rights.html
4. Ibid.
5. Ibid.
6. Ibid.

Sabtu, 19 November 2022

Knowing Article 2 and Article 3 of the Indonesian Corruption Law

 
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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Hazairin, Begawan Hukum Adat Dari Tanah Bengkulu", "A Glimpse History of Corruption", you may read also "The Legal Basis for Eradicating Corruption in Indonesia" and on this occasion we will discuss about 'Knowing Article 2 and Article 3 of the Indonesian Corruption Law'. The articles referred to in this law are articles that are often used by the Corruption Eradication Commission in ensnaring corruptors. Let's understand this article further.

Article 2 of the Indonesian Corruption Law

As for Article 2 of Law No. 31 of 1999 Jo. Law No. 20 of 2001 Concerning Corruption Crimes and their amendments regulates as follows:
  1. Anyone who unlawfully commits an act of enriching himself or another person or a corporation that can harm the state's finances or the state's economy, shall be punished with imprisonment for life or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty) years and a minimum fine of Rp. 200,000,000,- (two hundred million rupiahs) and a maximum of Rp. 1,000,000,000.- (one billion rupiahs).
  2. In the event that the criminal act of corruption as referred to in paragraph (1) is committed under certain circumstances, death penalty may be imposed.

Article 2 of Law no. 31 of 1999 regulates the first act of corruption. Based on the provisions of Article 2, the act of corruption that is prohibited is enriching oneself, enriching others, or enriching a corporation, which act of enrichment is carried out in a way that violates the law.[1]

What is meant by "enriching" is any act aimed at increasing assets, assets and/or ownership. Whereas what is meant by "unlawful" includes the notion of unlawful in the formal sense, namely an act against the law, and against the law in a material sense, namely any act that is contrary to decency and appropriateness in society. Thus, everyone, namely anyone, is prohibited from enriching themselves, other people, or corporations, if the act of enrichment is carried out in ways that are contrary to the law or propriety in society.[2]

The elements "which can be detrimental to state finances or the country's economy" are explained in the general explanation of Law no. 31 of 1999 which states:[3]
"State finances in question are all state assets in whatever form, separated or not separated, including all parts of state assets and all rights and obligations arising from:
(a) is under the control, management and accountability of officials of State institutions, both at the central and regional levels;
(b) are under the control, management and accountability of State-Owned Enterprises/Regional-Owned Enterprises, foundations, legal entities and companies that include state capital, or companies that include third party capital based on agreements with the State."

Whereas what is meant by the 'State Economy' is economic life that is structured as a joint venture based on the principle of kinship or community business independently based on Government policies, both at the central and regional levels in accordance with the provisions of the applicable laws and regulations aimed at providing benefits, prosperity, and welfare to all people's lives.[4]

The element of state financial losses or the country's economy is not absolute, namely that the loss does not have to have occurred. Just as an act of enrichment can be detrimental to the state's finances or the country's economy, an act of unlawful enrichment fulfills the formulation of this article.[5]

Article 3 of the Indonesian Corruption Law

As for Article 3 of Law No. 31 of 1999 Jo. Law No. 20 of 2001 Concerning Corruption Crimes and their amendments regulates as follows:
"Everyone who, with the aim of benefiting himself or another person or a corporation, abuses the authority, opportunities or facilities available to him because of his official position which can harm state finances or the country's economy, shall be punished with imprisonment for life or imprisonment for a minimum of 1 (one) year one) year and a maximum of 20 twenty) years and/or a fine of a minimum of IDR 50,000,000,- (fifty million rupiah) and a maximum of IDR 1,000,000,000,- (one billion rupiah)."

What is prohibited in Article 3 of the corruption law in essence prohibits the act of taking/seeking profit, namely taking/seeking profit by abusing authority, opportunity or means. Seeking profit is the instinct of every person as a social being and an economic being, but the law prohibits the act of seeking profit which is carried out 'by abusing authority, opportunity or means'. The act of seeking profit can be explained as any action aimed at obtaining additional profits in a material and financial sense. Profit in the sense of good name is not included in this definition.[6]

Abuse of authority, opportunity, or means is any act committed by a person who has legal authority, opportunity, or means, for which legal authority, opportunity, and means are used by the perpetrator to obtain material and financial additions. In other words, abuse of authority can only be carried out by those who have legitimate authority, but that authority is abused. Similarly, opportunities or facilities can only be used by those who do have the opportunity or have the means, but then the opportunity or means are misused.[7]

Similar to what is stipulated in Article 2, the element of loss to state finances or the country's economy in Article 3 is also not absolutely required to have occurred. It's just that the act of seeking profit has been committed, and the act can cause losses to the state's finances or the country's economy, so Article 3 can already be threatened to the perpetrator.[8] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 19 November 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.
7. Ibid.
8. Ibid.

Kamis, 17 November 2022

Corruption offenses in the Criminal Code

 
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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Fidel Castro Ternyata Pernah Membuka Kantor Hukum", "A Glimpse History of Corruption", you may read also "The Legal Basis for Eradicating Corruption in Indonesia" and on this occasion we will discuss about 'Corruption offenses in the Criminal Code'.

In the previous article it was stated that Among the laws and regulations that have been used to eradicate criminal acts of corruption are corruption offenses in the Criminal Code. This is something very basic, because prior to the existence of laws specifically related to eradicating corruption, several of them had been regulated in the Criminal Code.

The Criminal Code which has been in effect in Indonesia since January 1, 1918 is a Dutch heritage. It is a codification and unification that applies to all groups in Indonesia based on the principle of concordance, promulgated in Staatblad 1915 Number 752 based on KB 15 October 1915.[1]

As an adaptation of Wetboek van Strafrecht Nederland 1881, it means that it took 34 years for unification based on this concordance principle. Thus, the Criminal Code was not new at the time it was born. In practice, many adjustments are needed to enforce the Criminal Code in Indonesia considering that as a Dutch heritage there are many provisions that are not in accordance with the legal needs of the Indonesian people.[2]

Although it does not specifically regulate criminal acts of corruption in it, the Criminal Code has regulated many acts of corruption, which arrangements have been followed and imitated by lawmakers against corruption to date. However, there is an open way to apply criminal law that is appropriate and in harmony with the way of life of the Indonesian people, bearing in mind that the Criminal Code that we have is old and often branded with colonialism.[3]

In its journey the Criminal Code has been amended, supplemented and corrected by several national laws such as Law Number 1 of 1946, Law Number 20 of 1946, and Law Number 73 of 1958, including various laws regarding corruption eradication. which regulates more specifically several provisions in the Criminal Code.[4]

Corruption offenses contained in the Indonesian Criminal Code include official offenses and offenses related to 'official' offenses (such as state official). In accordance with the nature and position of the Criminal Code, corruption offenses regulated in it are still ordinary crimes.[5] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 17 November 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid. 

Selasa, 15 November 2022

The Legal Basis for Eradicating Corruption in Indonesia

 
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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Sekilas Karir Pengacara Mahatma Gandhi", "A Glimpse History of Corruption", "Contoh Pleidoi (Nota Pembelaan)", you may read also "Pemberantasan Korupsi dan Ketaatan Masyarakat Kepada Hukum" and on this occasion we will discuss about 'The Legal Basis for Eradicating Corruption in Indonesia'. This article is still part of the discussion on anti-corruption law in Indonesia.

The long history of eradicating corruption in Indonesia shows that eradicating corruption does require extra hard handling and requires a very large and serious political will from the government in power. The politics of eradicating corruption itself is reflected in the laws and regulations that were issued during a certain period of government. The issuance of a law that specifically regulates the eradication of corruption is actually not enough to show the government's seriousness or commitment. It is necessary to do more than just produce a statutory regulation, namely to implement the provisions stipulated in the law by encouraging the authorized law enforcement officers to eradicate corruption in a firm, courageous, and indiscriminate way.[1]

The existence of a corruption eradication law is only one of many efforts to eradicate corruption in earnest. In addition to strong laws and regulations, public awareness is also needed in eradicating corruption. Public awareness can only arise if the public has knowledge and understanding of the nature of corruption as regulated in law. For this reason, the socialization of the law on eradicating corruption, especially regarding the corruption offenses regulated in it, needs to be carried out simultaneously and consistently. Public knowledge of corruption offenses is absolutely necessary considering that ignorance of the existence of laws and regulations cannot be used as an excuse to avoid legal responsibility.[2]

Various efforts to eradicate corruption have been carried out by the government since independence, both by using existing laws and regulations and by establishing new laws and regulations that specifically regulate the eradication of criminal acts of corruption. Among the laws and regulations that have been used to eradicate criminal acts of corruption are:[3]
  1. Corruption offenses in the Criminal Code.
  2. Regulation for the Eradication of Corruption by the Central War Authority Number Prt/Peperpu/013/1950.
  3. Law No. 24 (PRP) of 1960 concerning the Crime of Corruption.
  4. Law No. 3 of 1971 concerning the Eradication of Corruption.
  5. TAP MPR No. XI/MPR/1998 concerning State Organizers who are Clean and Free of Corruption, Collusion and Nepotism.
  6. Law No. 28 of 1999 concerning State Administrators that are Clean and Free of Corruption, Collusion, and Nepotism.
  7. Law No. 31 of 1999 concerning the Eradication of Corruption Crimes.
  8. Law No. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes.
  9. Law No. 30 of 2002 concerning the Corruption Eradication Commission.
  10. Law No. 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption (UNCAC) 2003.
  11. Government Regulation No. 71 of 2000 concerning Community Participation and Awarding in the Prevention and Eradication of Criminal Acts of Corruption.
  12. Presidential Instruction No. 5 of 2004 concerning the Acceleration of Corruption Eradication.

Also worth adding is Law of The Republic Of Indonesia Number 19 Of 2019 Regarding The Second Amendment To Law Number 30 Of 2002 Concerning The Commission of The Eradication Of Crime Of Corruption. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 13 November 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf
2. Ibid.
3. Ibid.

Sabtu, 12 November 2022

A Glimpse History of Corruption

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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Indonesia's State Debt in 1950 Case", "Pemberantasan Korupsi dan Ketaatan Masyarakat Kepada Hukum", you may read also "Menakar Pidana Yang Mengintai Pengacara Djoko S. Tjandra" and on this occasion we will discuss about 'A Glimpse History of Corruption'. On this occasion and in the future, the www.hukumindo.com platform will discuss corruption in Indonesia. In this initial section, we will first look at the history of corruption in the world and in Indonesia.

Quotes and Term

Here are quotes from Lord Acton:
"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men…"
Here are quotes from Seto Mulyadi:
"The mistake of our education world, which considers science subjects more important, and discriminates against character. As a result, many smart children actually fall into drugs, free sex, brawls, and CORRUPTION when they grow up".
Corruption comes from the Latin word: "corruptus". The word is the past participle of "corrumpere", which means "to spoil, bribe, destroy". The Oxford Dictionary defines corruption as “dishonest or fraudulent behavior by those in power, usually involving bribery”.[1] This corruption has been carried out on this earth since ancient times, let's discuss the history of corruption in the world.

Traces of Corruption in the World

Reported by The Conversation, corruption is as old as human history. Corruption is thought to have existed since the Egyptian dynasty and is currently still ongoing in almost every country in the world. First Dynasty (3100–2700 BC) Ancient Egypt recorded corruption in its judiciary.[2]

This corrupt practice also existed in ancient China. In Chinese mythology, every household has a Kitchen God who watches over the behavior of its members. A week before Chinese New Year, the God of Kitchen ascends to heaven to present his annual report to the Lord of Heaven, the Jade Emperor.[3]

The Greek historian Herodotus also records the Alcmaeonid family bribing priests of the Oracle of Delphi, one of the most powerful mystical forces of ancient Greece. Dating back to 1400 BC, people all over Greece and beyond came to have their questions answered by Pythia, high priestess of Apollo. The wealthy Alcmaeonid family offered to rebuild the Temple of Apollo in "Paria marble" after it was destroyed by an earthquake. In return, Pythia convinced the nation-state of Sparta to help the family conquer and rule Athens. Because it worked. Aristotle noted: "Even gods can be bribed".[4]

Meanwhile, corruption cases apparently have occurred since before the year AD. It is even possible that corruption was born since humans existed. But what is recorded in some detail is a corruption case committed by Hammurabi's men, King of Babylon in 1200 BC. At that time, Hammurabi, who had just ascended the throne of power, ordered a governor to investigate embezzlement involving government officials under him.[5] If you read the history above, it seems that the existence of corruption is as old as civilization.

Traces of Corruption in Indonesia

In fact, the history of corruption in Indonesia has started since the days of kingdoms and empires. The thing that makes him less exposed is because historians focus their historical studies on politics and social issues. Not to the economic problems that occurred at that time. Even though that era was the beginning of corruption. We can see what happened in the Singosari Kingdom. There was a power struggle with a background of power and economy, in Banten there was even a dispute between Sultan Haji who seized power or the throne from his own father, Sultan Ageng Tirtayasa. Many more people's resistance has occurred which has changed the system of government in this country. Issues regarding corruption mostly brought down the government regime that was in power at that time.[6] This does not include the history of the V.O.C with its bankruptcy due to corruption.

Along with the times, from the old order and the new order, acts of corruption have not been eradicated. Many corruption eradication products were born. During the old order there was such a thing as the State Apparatus Retooling Committee (Paran). This agency is led by A.H. Nasution. Then we also know about Budhi's operation. The Supreme Command for Retooling the Revolutionary Apparatus (Kontrar), which was directly chaired by President Soekarno, with the birth of this organization has further added to the slow pace of efforts to eradicate corruption.[7]

During the New Order era, Suharto did not want to lose and gave birth to a product called the corruption eradication team, commonly abbreviated as TPK, chaired by the Attorney General. During the same period President Soeharto also formed a team of four whose task was to clean up Bulog, Ministry of Religion, Pertamina, Telkom, etc. At the same time, the Orderly Operation (Opstib) was also established, which is also the eradication of corruption in Indonesia. But these two institutions are also often at odds. This greatly weakens the institution in combating corruption. As a result, the corruptors can continue to walk on the throne of the new order regime.[8]

BJ Habibie's period also gave birth to the establishment of the Corruption Eradication Committee (KPKPN) which aims to create a state administration that is free from 'KKN'. Abdurrahman Wahid's era also gave birth to a Joint Team for Eradicating Corruption Crimes (TGPTPK) which was finally disbanded after a judicial review was submitted.[9]

During the reformation era, products for eradicating corruption were also born. The institution, which is called a super body institution, is the only real hope after the prosecutor's office and the police have failed. That institution is the Corruption Eradication Commission (KPK). Similar to every order, this corruption eradication product also faces serious challenges. And the hottest thing right now is the effort to weaken the strength of the institution called the KPK.[10] like other 'diseases' of civilization, corruption will not really disappear in this world until the Day of Judgment, it can only be done by efforts to eradicate or reduce it. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Sejarah Terjadinya Korupsi di Dunia", bengkelnarasi.com., Oleh: Sudirman, Diakses pada tanggal 12 November 2022, https://bengkelnarasi.com/2022/07/16/sejarah-terjadinya-korupsi-di-dunia/
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. "Sejarah Korupsi di Indonesia dan Skema Pemberantasannya", www.liputan6.com., Diakses pada tanggal 12 November 2022, https://www.liputan6.com/citizen6/read/330393/sejarah-korupsi-di-indonesia-dan-skema-pemberantasannya
7. Ibid.
8. Ibid.
9. Ibid.
10. Ibid.


Senin, 07 November 2022

Indonesia's State Debt in 1950 Case

 
(iStock)

Oleh:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Nelson Mandela, Kisah Perjuangan Seorang Pengacara LBH Melawan Apartheid", "Contoh Gugatan Wanprestasi Sektor Konstruksi" and you may read also "Contoh Surat Gugatan Cidera Janji/Wanprestasi", and on this occasion we will discuss about 'Indonesia's State Debt in 1950 Case'.

Case Position

This case began when the government experienced a financial crisis in 1950. The President at that time ordered the Minister of Finance to borrow money from the public. His (Hardjanto Tutik) parents named Lim Tjiang Poan alias Indra Tutik at that time were one of the exporters of spices and lent money to the government in the amount of Rp. 83 thousand. The process of borrowing and borrowing is said to be carried out with legal evidence.[1]

The plaintiff's attorney, Amiziduhu Menndrofa, said that the lawsuit against the debt with the government defendant is currently happening because the heirs (clients) have not yet received the payment of the debt.[2]

Case Updates

The emergence of the figure of Rp. 62 billion is the result of the conversion of the gold price in 1950, where one kg of gold at that time was only worth Rp. 3.800,- so that if the total government loans were accumulated at that time, it was 21 kg of gold.[3]

However, it is currently reported that the Government will appeal the decision of the Padang District Court asking President Joko Widodo (Jokowi) and Finance Minister Sri Mulyani Indrawati for the lawsuit.[4]

"The information I got from the Secretary General (Kemenkeu Heru Pambudi), the government will appeal. That's what I got information from the Secretary General," said Director General of State Assets of the Ministry of Finance Rionald Silaban in a Discussion with DJKN, Friday (16/9/2022).[5] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Pemerintah Ngutang Rp 83 Ribu ke Warga Padang, Eh Tagihannya Jadi Rp 62 M", finance.detik.com., Diakses pada tanggal 6 November 2022, https://finance.detik.com/berita-ekonomi-bisnis/d-6340896/pemerintah-ngutang-rp-83-ribu-ke-warga-padang-eh-tagihannya-jadi-rp-62-m
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.

Kamis, 27 Oktober 2022

Indonesia Launches Second Home Visa

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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "M. Assegaf: Membela Klien Tidak Pandang Bulu", "Knowing the Terms of Visiting Visa in Indonesia", you may read also "Does Indonesia Implementing Citizenship By Investment?" and on this occasion we will discuss about 'Indonesia launches second home visa'.

About Second Home Visa

The Directorate General of Immigration at the Ministry of Law and Human Rights (Kemenkumham) has officially launched a second home visa policy. It is believed to be able to boost tourist visits. Acting Director General (Dirjen) Immigration Widodo Ekatjahjana hopes that apart from tourists, second home visas can increase the number of foreign businessmen coming to Indonesia. With the Visa on Arrival (VoA) alone, Non-Tax State Revenue (PNBP) from this policy generates IDR 300 billion as of October 1, 2022.[1]

"Yes, we hope as many as possible come to Bali," said Widodo Ekatjahjana accompanied by the Head of the Regional Office of the Ministry of Law and Human Rights (Kemenkum HAM) Bali Anggiat Napitupulu, after launching a second home visa at Finns Beach Club, Canggu, North Kuta, Badung,  Tuesday (10/25/2022). Anggiat Napitulu said that since the implementation of the latest VoA, there have been around 11,000 foreigners (foreign citizens) who have only entered Bali. "It has been more than 300 billion rupiah with VoA until October 1, 2022," said Anggiat.[2]

With this policy, said Anggiat, the second home visa is expected to attract elderly foreign tourists. "If only VoA is very short for them, while we know that in their country, they have capital," said Anggiat. The segmentation target that leads to businessmen, said Widodo, is very wide open, in addition to elderly foreign tourists who can stay up to 5-10 years in Indonesia, especially Bali. "So we attract them to spend money in Indonesia," he said. The subject of the second home visa is certain foreigners or ex-WNI who want to stay and contribute positively to the Indonesian economy. With this visa, foreigners can stay for 5 (five) or 10 (ten) years and carry out various activities, such as investment and other activities.[3]

Second Home Visa Requirements

Applications for a second home visa can be done easily through a website-based application (visa-online.imigration.go.id). The required documents are as follows. The application for a Second Home Visa is submitted by a foreigner or guarantor to the designated Immigration Officer at the Directorate General of Immigration through an application by attaching:[4]
  1. Nationality Passport that is valid and still valid for a minimum of 36 (thirty six) months;
  2. Proof of Fund in the form of an account owned by a foreigner or Guarantor with a value of at least Rp 2,000,000,000 (two billion rupiah) or equivalent;
  3. Recent color photograph with a size of 4 cm x 6 cm (four centimeters by six centimeters) with a white background;
  4. Curriculum Vitae (Curriculum Vitae);
  5. Marriage Certificate and Birth Certificate (for followers);
  6. After 30 days in Indonesia, it is mandatory to register a Limited Stay Permit (ITAS);
  7. Make a statement containing: "-My followers and I will respect Pancasila and the 1945 Constitution of the Republic of Indonesia; -My followers and I will not spread ideas, ideologies, and teachings that are contrary to Pancasila, the 1945 Constitution of the Republic of Indonesia and laws and regulations; -That my followers and I will respect the ethics, customs and religious harmony prevailing in the territory of the Unitary State of the Republic of Indonesia; -That my followers and I are willing to participate in maintaining public order in society; and -My followers and I are willing to obey all laws and regulations in the territory of Indonesia".
Second Home Visa Rates

The non-tax state revenue (PNBP) rate for second home visas is Rp. 3,000,000,- according to the provisions in Minister of Finance Regulation (PMK) Number 2 of 2022. Payment of PNBP rates for second home visas can be made outside the territory of Indonesia through the PNBP payment portal which available.[5]

"This rule will later attract billionaires to enjoy their old age in Indonesia while working. Their presence is expected to help move the Indonesian economy and absorb jobs. The world's rich people," said Acting Director General of Immigration Widodo Ekatjahjana.[6] According to the author, although Indonesia does not implement citizenship by investment, this Second Home Visa can be a commensurate offer. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Second Home Visa Diluncurkan, Turis Berduit Bisa Tinggal 10 Tahun di Indonesia", www.detik.com., Diakses padad tanggal 27 Oktober 2022, https://travel.detik.com/travel-news/d-6369167/second-home-visa-diluncurkan-turis-berduit-bisa-tinggal-10-tahun-di-indonesia
2. Ibid.
3. Ibid.
4. "Kabar Gembira Buat Milarder Dunia! Indonesia Rilis Aturan Visa Rumah Kedua", www.detik.com., Diakses pada tanggal 27 Oktober 2022, https://travel.detik.com/travel-news/d-6368126/kabar-gembira-buat-milarder-dunia-indonesia-rilis-aturan-visa-rumah-kedua
5. Ibid.
6. Ibid.

Selasa, 04 Oktober 2022

Knowing Subpoena According to Indonesia Law

(Depositphotos)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "31 Judul Film Yang Wajib Ditonton Tentang Advokat", "Contoh Gugatan Wanprestasi Sektor Konstruksi", "Pengertian dan Pengaturan Penggabungan Gugatan" you may read also "Contoh Surat Kuasa Pelaporan Pidana (LP) Di Institusi Kepolisian" and on this occasion we will discuss about 'Knowing Subpoena/Legal Warning According to Indonesia Law'.

Legal Basis

The summons/subpoena/legal warning is regulated in Article 1238 of the Civil Code and Article 1243 of the Civil Code. The provisions read as follows:[1]
"Article 1238 of the Civil Code: The debtor is declared negligent by a warrant, or by a similar deed, or based on the strength of the engagement itself, that is, if this engagement results in the debtor being deemed negligent by the passage of the specified time.

"Article 1243 of the Civil Code: Compensation of costs, losses and interest due to non-fulfillment of an engagement is required if the debtor, even though it has been declared in default, still fails to fulfill the engagement, or if something that must be given or done can only be given or done in a time that has exceeded the specified time."


We can understand that the legal basis for summons/subpoena/legal warning is the Article 1238 of the Civil Code and Article 1243 of the Civil Code. The two articles are actually related to the matter of default. In legal practice in Indonesia, although the legal provisions positivistically refer to the matter of default, often other legal matters also use this preliminary legal step (summons/subpoena/legal warning). For example, in terms of reporting criminal acts to the Police, for certain crimes such as fraud (Article 378 of the Criminal Code) and or embezzlement (Article 374 of the Criminal Code), the Police officer often ask the complainant/reporter to file a summons/subpoena/legal warning first to the candidate reported.

How Many Times Were The Subpoenas Must Sent?

There is no stipulation on the number of times a subpoena/legal warning must be filed, however, in practice, the subpoena/legal warning is generally submitted three times, namely: subpoena I, subpoena II, subpoena III can also be subpoena one and subpoena two and last subpoena. In legal practice, subpoenas are generally carried out three times. In the event that the subpoena is not heeded, then the creditor has the right to take the matter to legal proceedings, whether civil or criminal. The legal process will then decide the matter.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. Kitab Undang-undang Hukum Acara Perdata (KUHPer).

Crypto Master Falls Poor, His Company Debts IDR 48 Trillion!

( detik.com ) By: Mahmud Kusuma, S.H., M.H. ( Certified Attorneys at Law ) Previously, the www.hukumindo.com platform has talk about "...