Prosecutors Demand Death Penalty For Corruption Suspect Asabri Heru Hidayat

JAKARTA - President Commissioner of PT Trada Alam Minera Heru Hidayat was sentenced to death because he was found guilty of corruption which resulted in state losses of IDR 22.788 trillion from the management of PT Asabri (Persero) funds and money laundering.

"Declaring that the defendant Heru Hidayat is legally proven guilty of committing a criminal act of corruption with joint weighting and the crime of money laundering as in the primary and second primary charges, punishing the defendant Heru Hidayat with the death penalty," said the Public Prosecutor of the Attorney General's Office at the Corruption Court. Jakarta Corruption Crimes (Tipikor) quoted by Antara, Monday, December 6.

Heru is one of seven defendants in the alleged corruption case in the management of PT Asuransi Sosial Armed Forces of the Republic of Indonesia (Asabri) Persero which is scheduled to undergo a trial reading the charges today.

In addition to being sentenced to death, Heru Hidayat is also required to pay a substitute sentence.

Imposing the defendant with a replacement fee of Rp. 12,643 trillion with the stipulation that if the convict does not pay the replacement money at the latest within 1 month after the decision has permanent legal force, then his property will be confiscated by the prosecutor and auctioned off to cover the replacement money and if the convict does not have sufficient property to cover the replacement money," said the prosecutor.

Heru was found guilty of committing acts in two charges, namely 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 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code, and Article 3 of Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering..

"The aggravating thing is that the defendant's actions include an extraordinary crime that is dangerous to the integrity of the nation; the defendant's actions do not support a government program that is clean and free from corruption, collusion and nepotism; the result of the defendant's actions is a state loss that reaches Rp. "The defendant's assets are only Rp. 2.434 trillion; the defendant is a life sentence in the Jiwasraya case which cost the state Rp. 16.807 trillion," said the prosecutor.

The prosecutor considered that there were no mitigating factors in Heru's actions.

"The mitigating thing, although in the trial there were mitigating things in the defendant, but they were not proportional to the state losses caused by the defendant's actions, so these things should be ruled out," said the prosecutor as well.

There are eight defendants in this case, namely President Director (Director) of PT Asabri March 2016-July 2020 Lt. Gen. (Ret.) Sonny Widjaja, President Director of PT Asabri 2012-March 2016 Major General (Ret.) Adam Rachmat Damiri, Director of Investment and Finance of PT Asabri July 2014-August 2019 Hari Setianto, President Director of PT Eureka Prima Jakarta Tbk (LCGP) Lukman Purnomosidi, Director of PT Jakarta Issuer Investor Relations Jimmy Sutopo, President Director of PT Hanson International Tbk. Benny Tjokrosaputro, and President Commissioner of PT Trada Alam Minera Heru Hidayat.

Heru Hidayat and Benny Tjokrosaputro are known to be convicts of the corruption case of PT Asuransi Jiwasraya (Persero). Both were sentenced to life imprisonment.

PT. Asabri gets funding from the THT (Old Age Savings) program funds and the AIP (Pension Contribution Accumulation) program funds sourced from monthly Asabri participant contributions which are deducted from the basic salaries of the TNI, Polri, and ASN/PNS at the Ministry of Defense by 8 percent with the details for the Pension Fund are deducted by 4.75 percent of the basic salary, and for the Old Age Allowance (THT) it is deducted by 3.25 percent of the basic salary.

Former Head of the Investment Division of PT Asabri Ilham Wardhana (deceased) at the December 2012 meeting said in a board of directors meeting chaired by Adam Rachmat Damiri that PT Asabri must invest in the capital market in the form of stock instruments, and these types of shares include stocks that are growing or known with "layer" 2 or "layer" 3, namely stocks that have high risk.

The high-risk stocks include LCGP (PT Eureka Prima Jakarta Tbk) since October 2012, MYRX (PT Hanson International Tbk) on the regular market since 4 October 2012, and SUGI (PT Sugih Energy Tbk).

In the period 2012-2019, Ilham Wardhana Siregar together with Adam Rachmat Damiri, Bachtiar Effendi, Hari Setianto, Sonny Widjaya have held meetings and agreements to regulate the placement of PT Asabri's funds in investments in shares, mutual funds, Medium Term Note (MTN). ) or medium-term debt securities and other investments.

The meeting was with several shareholders, namely Lukman Purnomosidi, Danny Boestami, Benny Tjokrosaputro, Edward Seky Soeryadjaya, Bety, Lim Angie Christina, Rennier Abdul Rahman Latief, Heru Hidayat, and 15 other investment managers.

In around October 2017, Sonny Widjaya and Hari Setianto made an agreement with the defendants Heru Hidayat and Joko Hartono Tirto to cooperate in the investment management of PT Asabri (Persero) by providing input on shares and mutual fund products that PT Asabri could consider ( Persero) for "subscription" or "redemption" through Joko Hartono Tirto.

Cooperation through mutual fund products, among others, is to transfer PT Asabri's shares which have not performed well and experienced a decline in price. The mutual funds are used by Heru Hidayat, Ilham Wardhana B Siregar and their affiliated parties in the investment arrangement of PT Asabri (Persero).