Proven Guilty In The Jiwasraya Case, Benny Tjokro Sentenced To Life

Benny Tjokro's verdict hearing (Photo: Antara)

JAKARTA - President Director of PT Hanson International Tbk Benny Tjokrosaputro has been sentenced to life imprisonment for being proven to have committed corruption in fund management and use of investment funds in PT. Asuransi Jiwasraya (Persero) which caused losses to state finances amounting to Rp. 16.807 trillion and money laundering.

"On trial, declaring the defendant Benny Tjokrosaputro proven legally and convincingly guilty of joint corruption and money laundering as the first primary and second primary charges. Sentencing the defendant to life imprisonment," said head of the panel of judges Rosmina in court. Tipikor Jakarta, reported by Antara, Monday, October 26.

This verdict is the same as the demands of the public prosecutor (JPU) at the Attorney General's Office who asked Benny Tjokro to be sentenced to life and a fine of Rp. 5 billion, a subsidiary of 1 year in prison.

The verdict is based on the first indictment of article 2 paragraph (1) in conjunction with article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication in conjunction with Article 55 paragraph (1) 1st of the Criminal Code and the second of Article 3 of Law No. 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. Furthermore, Benny was also required to pay replacement money.

"To punish the defendant with an additional penalty in the form of paying replacement money to the state in the amount of Rp6,078,500,000,000 on the condition that if within 1 month after the court decision has permanent legal force and the defendant does not pay the replacement money, his property is confiscated and auctioned off to cover the replacement money. , "added judge Rosmina

There are a number of burdensome things in Benny Tjokro's actions.

"The things that were incriminating were the defendant committed corruption in a well-organized manner making it difficult to reveal his actions, the defendant used the hands of a large number of other parties to become 'nominees' and even used fake ID cards to become 'nominees' and used companies that has no activities to accommodate his business, "added judge Rosmina.

Another thing that is burdensome is that Benny Tjorko's actions were carried out for a long time and caused enormous state losses and direct losses for Jiwasraya customers.

"The defendant used his knowledge to destroy the world of capital markets and eliminate public trust in the capital market. Although the defendant was polite and was the head of the family, the defendant did not feel guilty and did not regret it so that the polite attitude and status of the head of the family were erased with innocence and no regrets. deeds, "said judge Rosmina.

In the first indictment, states Benny Tjokrosaputro together with the President Director of PT Asuransi Jiwasraya (Persero) 2008-2018 Hendrisman Rahim, Jiwasraya's Finance Director for the January 2013-2018 period Hary Prasetyo, Head of Jiwasraya Syahmirwan 2008-2014 Investment and Finance Division, owner of PT Maxima Integra Investama Heru Hidayat and PT Maxima Integra Joko Hartomo Tirto's "advisor" were proven to have made investment arrangements by buying shares and Medium Term Notes (MTN) which were used as the portfolio of PT. AJS either "direct", in the form of fund management contracts (KPD), limited investment mutual funds (RDPT) and conventional mutual funds.

First, Benny Tjokro together with Heru Hidayat and Joko Hartono Tirto entered into an agreement with Hendrisman Rahim, Hary Prasetyo and Syahmirwan in managing PT AJS stock and mutual fund investments which were not transparent and not accountable.

Second, Benny Tjokrosaputro, Hendrisman Rahim, Hary Prasetyo and Syahmirwan have managed stock and mutual fund investments, without analysis based on objective data and professional analysis in the NIKP (Head Office Internal Note), but analysis is only made a formality.

Third, Benny Tjokrosaputro, Hendrisman Rahim, Hary Prasetyo and Syahmirwan have purchased shares of BJBR, PPRO and SMBR even though the share ownership has exceeded the provisions stipulated in the investment guidelines, namely a maximum of 2.5 percent of the outstanding shares.

Fourth, Benny Tjokrosaputro and Heru Hidayat through Joko Hartono Tirto and affiliated parties have collaborated with Hendrisman Rahim, Hary Prasetyo and Syahmirwan to conduct transactions to buy and / or sell shares of PT Bank Pembangunan Daerah Jawa Barat and Banten (BJBR), PT. PP Property Tbk (PPRO), PT Semen Baturaja Tbk (SMBR) and PT SMR Utama (SMRU) with the aim of intervening in prices which ultimately do not provide investment returns and cannot meet liquidity needs to support operational activities.

Fifth, Benny Tjokrosaputro together with Heru Hidayat, Joko Hartono Tirto, Hendrisman Rahim, Hary Prasetyo, Syahmirwan manage and control 13 investment managers to form a special mutual fund product for PT. AJS, so that the management of financial instruments that are the underlying of PT AJS mutual funds can be controlled by Joko Hartono Tirto

Sixth, Benny Tjokrosaputro Hendrisman Rahim together with Hary Prasetyo and Syahmirwan agreed even though they knew that the purchase transaction of the sale of financial instruments that were the underlying of 21 mutual fund products managed by 13 investment managers was controlled by Joko Hartono Tirto, who is the party affiliated with the defendant Benny Tjokrosaputro and Heru Hidayat, who in the end did not provide investment returns and was unable to meet liquidity needs to support the company's operational activities.

Seventh, Benny Tjokrosaputro and Heru Hidayat, through Joko Hartono Tirto, have provided money, shares and facilities to Hendrisman Rahim, Hary Prasetyo and Syahmirwan in relation to the joint investment management of shares and mutual funds of PT. AJS in 2008 - 2018.

This act enriched the defendant Benny Tjokrosaputro or other people, namely Heru Hidayat, Hendrisman Rahim, Hary Prasetyo and Syahmirwan or a corporation, which caused losses to state finances amounting to Rp. 16,807,283,375,000 as stated in the BPK RI Investigation Report.

Meanwhile, in the second indictment, Benny Tjokro was deemed proven guilty of money laundering by depositing proceeds from the sale and purchase of shares with PT. Hanson International, Tbk and companies controlled by Benny Tjokro and the parties he cooperated with and subsequently used by the Defendant to pay debts, buy land, buy property, exchange in foreign currency and so on.

Regarding this case, President Director of PT Asuransi Jiwasraya (Persero) 2008-2018 Hendrisman Rahim, Jiwasraya's Finance Director for the period January 2013-2018 Hary Prasetyo, Head of Jiwasraya Investment and Finance Division 2008-2014 Syahmirwan, Director of PT Maxima Integra Joko Hartono Tirto was also sentenced to a lifetime life.

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