Two Former Asabri Directors Sentenced To 15 Years In Prison

JAKARTA - Director of Investment and Finance of PT Asabri for the period of July 2014-August 2019 Hari Setianto and Director of Investment and Finance of PT Asabri 2012-June 2014 Bachtiar Effendi were sentenced to 15 years in prison.

The judge stated that the two of them 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 Bachtiar Effendi was proven legally and convincingly guilty of participating in a corruption crime as stated in the first indictment. Sentencing the defendant to a prison sentence of 15 years plus a fine of Rp. said the chairman of the panel of judges, Ignatius Eko Purwanto, at the Corruption Court (Tipikor) as reported by Antara, Tuesday, January 4.

The verdict against Bachtiar Effendi is higher than the demands of the General Prosecutor (JPU) of the Attorney General's Office who requested that Bachtiar be sentenced to 12 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison.

Bachtiar Effendi is also required to pay a replacement fee of Rp.453.783 million, taking into account the evidence and documents confiscated, and if not paid, his property will be confiscated and if it is not sufficient, he will be sentenced to 4 years in prison.

"The trial, stated that the defendant Hari Setianto was proven legally and convincingly guilty of participating in committing a criminal act of corruption as the first indictment. Sentencing the defendant with a prison sentence of 15 years plus a fine of Rp. 750 million which if not paid was replaced with imprisonment for 6 months," said the judge.

The verdict against Hari Setianto is higher than the demands of the public prosecutor who demanded that Hari Setianto be sentenced to 14 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison.

Hari Setianto is required to pay a replacement money of IDR 378,873 million by taking into account the evidence and documents confiscated, and if it is not paid, his property will be confiscated and if it is not sufficient, he will be sentenced to 4 years.

According to the panel of judges, Ignatius Eko Purwanto, Saifuddin Zuhri, Rosmina, Ali Muhatorm, and Mulyono Dwi Purwanto were proven guilty of committing acts based on the first indictment, namely Article 2 paragraph (1) or Article 18 of Law no. 31 of 1999 as amended by Law no. 20 of 2001 concerning the Eradication of Corruption Crimes jo. Article 55 paragraph (1) 1 of the Criminal Code.

During the trial, there was a judge who expressed a dissenting opinion, namely judge member 5, Mulyono Dwi Purwanto.

"The audit method used to calculate the calculation of state losses is 'total loss' with a modification, namely calculating the difference in money issued by PT Asabri for the purchase of investment instruments that do not comply with legal regulations minus the funds returned from investments as of December 31, 2019. Meanwhile, 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.

This means that Judge Mulyono assessed that the state loss of Rp. 22.788 trillion based on the BPK report was still in the form of potential and not real state losses.