2 Former President Director Of Asabri Sentenced To 20 Years In Prison
JAKARTA - President Director of PT Asabri for the period of 2012—March 2016 Major General Retired. Adam Rachmat Damiri and President Director of PT Asabri for the period March 2016—July 2020 Lt. Gen. Retired. Sonny Widjaja was sentenced to 20 years in prison.
They were proven together to commit corruption in the management of PT Asabri's funds which cost the state finances of Rp. 22.788 trillion.
"The trial, stated that the defendant Adam Rachmat Damiri was legally and convincingly proven guilty of participating in a corruption crime as stated in the first indictment. Sentencing the defendant with a prison sentence of 20 years plus a fine of Rp. 800 million, which if not paid was replaced with imprisonment for 6 months, " said the chairman of the panel of judges Ignatius Eko Purwanto at the Corruption Court (Tipikor) quoted by Antara, Tuesday, January 4.
The verdict is heavier than the demands of the public prosecutor (JPU) of the Attorney General's Office, which demands that Adam Damiri be sentenced to 10 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison.
Adam Damiri was also required to pay a replacement fee of IDR 17.972 billion less the assets that had been confiscated. If the property is not paid, it will be confiscated and if it is not sufficient, it will be sentenced to 5 years in prison.
The burdensome thing, said the panel of judges, was that the defendant's actions together with other defendants had resulted in enormous state losses.
In addition, the defendant's actions did not support government programs that were clean and free from corruption, collusion and nepotism.
"The defendant's actions were planned, structured and massive. The defendant's actions caused public distrust or distrust of insurance and the capital market and could have an impact on state stability and did not admit guilt," said Judge Eko.
There are also mitigating factors, Adam Damiri is considered cooperative, polite, the backbone of the family, has never been punished, and has 33 years of active service in the TNI so that he has contributed to the nation and state.
The panel of judges also considered that the demands made by the Attorney General's Office against Adam Rachmat Damiri were too low compared to the community's sense of justice.
"The trial, stated that the defendant Sonny Widjaja was legally and convincingly proven guilty of participating in a corruption crime as stated in the first indictment. Sentencing the defendant to be sentenced to 20 years in prison plus a fine of Rp. 750 million which if not paid was replaced with 6 months imprisonment, ' said Judge Eko.
Sonny's sentence was also heavier than the demands of the Attorney General's Office, which demanded that Sonny be sentenced to 10 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison.
Sonny Widjaja was charged with paying a replacement money of Rp64.5 billion by taking into account the confiscated evidence and documents and if not paid, his property would be confiscated and if it was not sufficient, he would be sentenced to 5 years in prison.
During the trial, there was a judge who expressed a dissenting opinion, namely judge member 5 Mulyono Dwi Purwanto.
The audit method for calculating the calculation of state losses, said Mulyono, is the total loss with a modification, namely calculating the difference in money issued by PT Asabri for the purchase of investment instruments that are not in accordance with legal regulations minus the funds returned from investments as of December 31, 2019.
"According to accounting standards as of a certain date, the profit or loss position is unrealized because it hasn't happened yet or has actually been sold based on the acquisition price, so it's still potential," said Mulyono.
Judge Mulyono assessed that state losses of IDR 22.788 trillion based on the BPK report were still potential, not real state losses. However, four other judges agreed with the BPK report.
There are four defendants in the Asabri case who have not yet been sentenced, namely Director of PT Jakarta Emiten Investor Relations Jimmy Sutopo and President Director of PT Eureka Prima Jakarta Tbk. (LCGP) Lukman Purnomosidi who will undergo a verdict reading session on Wednesday, January 5.
"The defendants Lukman Purnomosidi and Jimmy Sutopo, for the case of the two of you, the panel of judges is not ready with a verdict, so we will reschedule the reading of the verdict, we will postpone it tomorrow morning. said judge Eko.
Two other defendants in this case, namely the President Commissioner of PT Trada Alam Minera Heru Hidayat who was demanded the death penalty and a replacement money of Rp. 12.434 trillion, while the President Director of PT Hanson International Tbk. Benny Tjokrosaputro is still undergoing trial with the agenda of examining witnesses.
In this case, PT Asabri received funding from the THT (Old Age Savings) program funds and the AIP (Pension Contribution Accumulation) program funds sourced from monthly ASABRI participant contributions which were deducted from the basic salaries of the TNI, Polri and ASN/PNS at the Ministry of Defense. amounting to 8 percent, with details for the Pension Fund to be deducted by 4.75 percent of the basic salary and for the Old Age Allowance (THT) to be deducted by 3.25 percent of the basic salary.
However, the defendants invested in stocks, mutual funds, Medium Term Note (MTN) or medium-term debt securities and other high-risk investments including LCGP shares (PT. Eureka Prima Jakarta Tbk) since October 2012, MYRX (PT. Hanson International Tbk) in the regular market since 4 October 2012 and SUGI (PT Sugih Energy Tbk).
Cooperation through mutual fund products, among others, to transfer the shares of PT. Asabri, which had poor performance and experienced a decline in prices, resulted in state losses of Rp. 22.788 trillion.