Follow Up On The Helmut Hermawan Case, Kemenkopolhukam Issues Recommendations, Expert: The Director General Of AHU Needs To Be Evaluated

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The Coordinating Ministry for Political, Legal and Security Affairs issued a recommendation letter addressed to the Ministry of Law and Human Rights regarding the handling of the case of former President Director of PT Citra Lampia Mandiri, Helmut Hermawan.

Coordinating Minister for Political, Legal and Security Affairs Mahfud Md through the Deputy for Legal Coordination and Human Rights at the Coordinating Ministry for Political, Legal and Security Affairs, Sugeng Purnomo, in the recommendation letter said that the AHU licensing of mining companies PT CLM which is currently being taken over by Zainal Abidinsyah Siregar as the President Director is problematic and has the potential to violate the law in the future.

"That is the alleged violation of the transfer of share ownership of PT CLM based on Article 93A of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal, that IUP and IUPK holders are prohibited from transferring share ownership without the approval of the Minister of Energy and Mineral Resources," said Sugeng in a letter of recommendation quoted on Wednesday, May 3.

The letter also stated that the change in shareholders through the Notary Deed Oktaviana Kusuma Anggraini, Number 01 dated November 3, 2022, was allegedly carried out without the approval of the Minister of Energy and Mineral Resources and violated the Provisions of Article 93A of Law Number 3 of 2020.

For this reason, he said that the Ministry of Energy and Mineral Resources would examine the sanctions that would be imposed on Zainal Abidin Siregar, if they had been proven to have violated the provisions of Article 93A of Law Number 3 of 2020.

Responding to this, the Observer of the Law on State Administration, Riawan Tjandra, assessed that the letter from the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD proved that there were allegations of administrative violations in the PT CLM case.

For this reason, he is of the opinion that the investigation into the criminal act against Helmut Hermawan cannot be continued if there are allegations of violations of state administrative law that have not been resolved first.

"If a company violates administrative requirements such as licensing, then the sanctions are not criminal. For example, if there is a violation of administrative requirements in a company, the company can be given sanctions in the form of suspension, reprimand, until the heaviest is even revoked. operating permit, that is if it is still in administrative law," he said.

So according to him, if it is an administrative error and does not meet the criminal element, then the legal settlement of state administration is the main thing to be resolved.

Meanwhile, according to him, the existence of the Job Creation Law, almost all permissions across ministries should have been integrated and processed electronically. However, if based on the recommendations of the Coordinating Minister for Political, Legal and Security Affairs, which states that there is a potential for violations of the law in the future related to the licensing process of PT CLM, then the procedure at the Ministry of Law and Human Rights needs to be evaluated.

"Now with the Ciptaker Law, almost all permits have been integrated and processed electronically. For this reason, there needs to be a procedural evaluation of the manufacture of permits involving cross-sectors at the Ministry of Law and Human Rights AHU," he said.