Witness Expert Defendant Of Corruption, Disperindag Dompu Metrology Equipment Calls E-Catalog Closes Procurement Mark-Up Gap

Mataram University (Unram) criminal law expert Amiruddin at the Mataram District Court, NTB, Friday, November 17.

JAKARTA - Criminal law expert at Mataram University (Unram) Amiruddin said the e-catalog application was part of the government's efforts to close the loophole for "mark-up" or price inflation in the process of procuring goods and services. Amiruddin was presented as an expert witness to relieve the defendant, former Head of the Industry and Trade Office (Disperindag) Dompu Sri Suzana in the trial of alleged corruption in the procurement of metrology equipment and other facilities at the Disperindag Dompu, West Nusa Tenggara (NTB). "In the past, there was a price standard according to the governor's stipulation, if not, then the market price was used. However, if the price was used approximately, then that could potentially occur as a'mark-up'. That's why it was made e-catalog as the basis for the preparation of HPS (self-estimated price) to prevent a'mark-up'," said Amiruddin during a trial at the Corruption Court at the Mataram District Court, NTB, Friday, November 17, confiscated by Antara. Amiruddin gave such a statement in response to the question of Adhoc judge Fadhli Hanra who gave an illustration of this case by saying there was a change in the procurement process from e-catalog to fast auction. The change in the procurement process is suspected to have an impact on changes in the value of HPS goods. Furthermore, Fadhli Hanra asked Amiruddin about borrowing the flag during the procurement process. "There are private parties who want this project to borrow a flag. In the legal world, this term is unknown, but for the private world, this is common. How do experts respond?" asked Fadhli. "If we follow the legal norms, it's not allowed, because it involves competency issues, there are irregularities that occur, there is a violation of procurement ethics. Supposedly, it (the auction) was canceled by the procurement official," replied Amiruddin. Regarding the relationship between the procurement official and the party involved in the project, Fadhli also asked the expert about the relationship between the procurement official and the party involved in the project. "Can it be said that it violates the ethics of procuring goods and services as regulated in Presidential Decree 54 of 2010?" asked Fadhli. "Yes, one of them must resign. Because the issue is already related to a conflict of interest," said Amiruddin. Fadhli again asked questions related to the procurement of goods that came in the same way, but had different functions. According to Prof. Amiruddin, the existence of this should be the material for the addendum of the contracted parties. "So that there are no irregularities in the agreement. So, there must be an addendum between the parties contracting," said Amiruddin. The issue of late fines, experts see that this can apply if the project owner feels a loss due to the delay. "However, those who feel aggrieved can send a summons first. If they don't fulfill it, then the legal process," said Amiruddin. Finally, Fadhli asked about state losses that arose in the case of procurement of goods and services. "What is this, there is an audit process from APIP (government internal control apparatus) that is currently underway, suddenly the problem enters the criminal realm?" asked Fadhli. "In accordance with the administrative violations at APIP first, so that we don't get the impression that we are criminalizing people for these administrative actions," replied Amiruddin.

What about the audit process from other institutions that also appeared in conjunction with the audit process by APIP? "Look at the competence first, the initial one (APIP) was a matter of finding, the administrative process should be resolved first, then the sentence," said Amiruddin. The defendant Sri Suzana in this case acted as the Head of the Dompu Disperindag who also carried out his duties as the power user of the budget (KPA) as well as the official commitment maker (PPK). Sri Suzana was charged with being responsible for the emergence of state losses resulting from the NTB Inspectorate audit worth Rp398 million out of a total budget of Rp1.5 billion. In the indictment, the prosecutor stated that the results of the project work did not match the procurement specifications until state losses appeared. The difference in specifications is thought to be due to the preparation of HPS which is not in accordance with the rules. A number of items of goods that have not arrived, but are declared complete by the inspection committee. The executor of this ministry project is CV Fakhrizal who lent a flag to a businessman named Yanrik.