Confidant Of Former Head Of BP Migas Sued 5 Years In Prison

JAKARTA - Kiagus Emil Fahmy Cornain as a confidant of the former Head of BP Migas Raden Priyono was sentenced to 5 years in prison for allegedly fabricating activities and paying commissions for the activities of a fictitious insurance agent at PT Asuransi Jasindo.

"Demanding that the panel of judges declare that the defendant Kiagus Emil Fahmy Cornain is proven legally and convincingly guilty of committing a criminal act of corruption together as the first alternative indictment," said KPK public prosecutor M. Nur Azis at the Corruption Court (Tipikor). ) Jakarta, Tuesday, December 28.

Prosecutors continued, "The defendant was sentenced to 5 years in prison plus a fine of Rp. 250 million, subsidiary to 3 months in prison."

The claim is based on the first indictment of Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20/2001 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code jo. Article 64 paragraph (1) of the Criminal Code.

"Stipulates that the defendant pays replacement money to the state in the amount of Rp. 1,330,668,513.27, taking into account the money that has been deposited by the defendant into the KPK holding account of Rp. 330,668,000.00, Rp. 1 billion and Rp. 10 thousand, respectively," said prosecutor Azis.

This means that Kiagus Emil Fahmy Cornain has deposited money into the KPK's account amounting to Rp. 1,330,678,000.00 or an excess of Rp. 9,486.73 from the burden of replacement money demanded by the prosecutor.

There are a number of aggravating things in Kiagus Emil's actions.

"The aggravating thing is that the defendant's actions do not support the government's program to eradicate corruption, the defendant does not fully admit his actions, the defendant has enjoyed the results of his crime and the defendant's actions have caused state financial losses, PT Asuransi Jasindo," said the prosecutor.

The KPK prosecutor also considered that there were a number of mitigating factors in Kiagus' actions. As for mitigating factors, among others, the defendant behaved politely during the trial, had never been sentenced, and had deposited a sum of money into the KPK holding account in the amount of Rp. 1,330,678,000.00.

In this case, Kiagus Emil Fahmy Cornain together with Budi Tjahjono as Marketing Director of PT Asuransi Jasindo for the 2008-2011 period and the President Director for the 2011-2016 period were found to be proven to have engineered agent activities and paid commissions for the activities of fictitious insurance agents on behalf of KM Iman Tauhid. Khan at Asuransi Jasindo in closing asset and construction insurance at BP Migas-KKKS (Cooperation Contract Contractors) for the 2010-2012 period.

These actions cost the state finances cq PT Asuransi Jasindo by Rp. 8,469,842,248.16 and enriched Kiagus Emil in the amount of Rp. 1,330,668,513.27 and Budi Tjahjono by Rp. 6 billion.

The Implementing Body for Upstream Oil and Gas Business Activities (BP Migas) in that period carried out the procurement of insurance services for operational assets with the scope of work covering insurance for industrial assets and BP Migas-KKKS wells as well as procuring a consortium of KKKS construction project insurance with the scope of closing construction project insurance. PSC.

Budi Tjahjono as the Director of Corporate Marketing wants PT Asuransi Jasindo to be the leader of the consortium because it will get a higher premium so that it will increase the company's profit/profit where previously PT Asuransi Jasindo only had the status of co-leader of the consortium.

Budi then met with the Head of BP Migas Raden Priyono in early 2009 and conveyed his wishes and introduced Kiagus Emil as Raden Priyono's confidant who will help Jasindo become the leader of the insurance consortium.

Budi Tjahjanto ordered structural officials at Jasindo to collect fees in order to make PT Asuransi Jasindo the leader of the consortium by using a commission derived from the appointment of a fictitious insurance agent PT Asuransi Jasindo.

Next, Kiagus asked Budi Tjahjono to make a request for proposal (RFP) for Jasindo's version to be adapted to the BP Migas version of the RFP so that it helped appoint Jasindo as the consortium leader.

On October 21, 2009, BP Migas announced PT Jasindo as the leader of the consortium with a 42.54 percent share for the Industrial Asset Insurance and BP Migas-KKKS wells in 2010-2012 and as the leader of the consortium with a 44 percent share for the insurance consortium procurement.

Kiagus Emil and Budi Tjahjanto agreed to appoint KM Iman Tauhid Khan who is Kiagus Emil's confidant as a fictitious agent.

In 2010 paid to KM Iman Tauhid Khan agent commission in stages, namely on March 8, 2010 amounting to Rp771,693 million and on July 6, 2010 transferred Rp3.22 billion. After the agent commission was realized, KM Iman Tauhid Khan then handed over Rp3.994 billion worth of money to Kiagus.

Kiagus on orders from Budi Tjahjono exchanged the money into US$300,000 which was then divided into US$200,000 which was taken by Budi Tjahjono, US$100,000 was given to Wibowo Suseno Wirjawan alias Maman Wirjawan through Husin Iskandar alias Jimmy Iskandar, while the remaining Rp994,546 million was given to Kiagus as a commission.

In 2011, KM Iman Tauhid again received agent commission payments, namely on July 4, 2011 amounting to Rp800 million and on August 19, 2011 receiving Rp2.536 billion.

After getting the money, KM Iman Tauhid handed over to Kiagus Emil Rp. 3.336 billion. Budi Tjahjono then ordered to exchange Rp3 billion into US dollars, while the rest was given to Kiagus.