Author: Indra Budiari

KPPU Clears Bhakti Investama Acquisition over Nuansacipta

JAKARTA (Yosefardi) – The Business Competition Supervisory Commission (KPPU) found no violation on the acquisition over PT Nuansacipta Coal Investment by PT Bhakti Investama Tbk, through its subsidiary PT MNC Energi (MNCE). In the KPPU decision No 19/KPPU/PDPT/VII/2013, the anti monopoly institution explained that the analysis shown that the corporate action maintained the price and product variety in the market. The geographic analysis also shown MNCE, Bhakti Investama and Nuansacipta do not market the same products. MNCE bought 189,200 shares of Nuansacipta for Rp236.5 billion. The transaction entered into effective on March 7, 2013, then MNCE holds 51% interest in Nuansacipta....

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Ramadhan Pohan: Dem’s President Candidate Would Beat Jokowi

JAKARTA (Yosefardi) –The primary winner of Democratic Party is believed to beat Jokowi for next year presidential race. Ramadhan Pohan, deputy secretary general of Democratic Party, expressed his optimism that his party’s candidate will compete against other party’s candidates. Ramadhan considered that the current president candidate endorsed by various parties is yet to mature in the national politics, inlcuding Jokowi who is needed to be assessed his leadership as DKI Jakarta’s governor. Ramadhan however said Democratic Party is working hardly to win the presidential race. The party has on Primary (started Sunday, Sept 15) picked 11 candidates to be...

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Local Businessman Gets Sued for “Yamazaki” Brand

JAKARTA (Yosefardi) – Condro Widjojo, local businessman, is currently facing trademark dispute against Japanese-based company Yamazaki Baking Co. Ltd. The foreign company accused Condro unlawfully using “Yamazaki” brand for his business product. Before panel of the judges, legal representative of Yamazaki argued that his client’s brand is a well-known brand and has been registered since 1977 in number of countries. However, when it will be registered in Indonesia, the brand name and logo is already used by Condro. Yamazaki accused that Condro has brrn trying to ride the company’s brand. The brand registration by Condro, the plaintiff argued, will also potentially cause a confusion for the customers. On the other hand, Condro’s lawyers claimed that their client has been using the Yamazaki brand since Aug. 1, 2013. In the 30 years using the brand, according to the defendant, the registration has been renewed twice and had never received any objection from the Intellectual Property Right Directorate General. Moreover, Condro considered that the Japanese company has violated the law with established an agreement with PT Sumber Alfaria Trijaya Tbk to produce Yamazaki’s bakery. Condro, therefore, filed a counterclaim and seeks for Rp10 billion compensation for immaterial loss....

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KPPU: Minister of Trade Responsible for Soybean Shortage

JAKARTA (Yosefardi) – The current supply shortage of soybean is blamed as the responsibilities of two ministries. The anti monopoly institution (KPPU) reveals that the Ministry of Trade and Ministry of Agriculture are late to anticipate the shortage. Nawir Messi, chief of KPPU, said Bureau of Logistic (Bulog) has been ordered through presidential regulation, issued in May 2013, to stabilize soybean price. But, the Minister of Trade yet to issue any import regulation until August 2013, which then triggered the domestic shortage supply. However, Minister of Trade Gita Wirjawan argued that the regulation cannot be issued since the Minister of Agriculture yet to provide the required materials. Gita added the domestic soybean production did not meet the target and became one of the factors to the soybean shortage....

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Administrative Court Refuses Intrepid Claim

JAKARTA (Yosefardi) – Intrepid Mines Ltd failed to get back gold mining project in Banyuwangi, known as Emas Tujuh Bukit. State Administrative Court on Sep. 2, 2013 declined petition filed by the Australian miner to revoke Emas Tujuh Bukit IUP transfer. Panel of the judges declared that Intrepid, who filed the lawsuit through Emperor Mines Ltd, did not have the legal standing to file the lawsuit. The judges, therefore, declared that the petition cannot be accepted. However, one of the judges Tri Cahya Indra Permana has dissenting opinion on the verdict. Tri views that Intrepid has legal standing on filing the claim. Not only that, he also considered that Regent of Banyuwangi had violated the law with allowing IUP transfer from PT Indo Multi Niaga to PT Bumi Suksesindo. Ian McMaster, Intrepid’s Executive Chairman, revealed his intention to pursue further legal action on this case. He believed that the dissenting opinion could be a strong foundation to file an appeal. Intrepid has 14 days to file an appeal before the verdict becomes final and binding. Currently Intrepid is no longer having the right to the Tujuh Bukit Project as the mining license (IUP) has been transferred to Bumi Suksesindo from Indo Multi Niaga. Intrepid accused the IUP transfer has put Indo Multi Niaga in breach of agreement....

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