PT Merial Esa Corporation Demanded To Pay Replacement Money Of Rp133.1 Billion

JAKARTA - PT Merial Esa as a corporation is charged with a fine of IDR 275 million plus paying a replacement fee of IDR 133,104,444,139 because it is considered proven to be guilty of corruption in the procurement of "monitoring satellite" and "drone" in 2016.

Sentenced the main crime against the defendant PT Merial Esa in the form of a fine of Rp. 275 million with the stipulation that if the convict does not pay a fine no later than 1 month after the decision has permanent legal force and if there is a strong reason the period referred to has been extended again for a maximum of 1 month. The convict PT Merial Esa does not pay the fine, then his property can be confiscated by the prosecutor and auctioned off to pay the fine," said KPK public prosecutor Muhammad Nur Azis at the Jakarta Corruption Crime Court (Tipikor), as reported by Antara, Tuesday, April 5th.

Sitting in the defendant's chair representing PT Merial Esa is Fahmi Darmawansyah as the Director of PT Merial Esa who has also been sentenced to 2 years and 8 months in the same case in 2017.

"Sentencing the defendant PT Merial Esa with an additional criminal in the form of payment of compensation to the state amounting to Rp. 133,104,444,139 minus the calculation of the money that has been confiscated in the amount of Rp. 92,974,837,246, Rp. 22.5 billion and US$ 800 thousand," Azis added.

With the stipulation that if PT Merial Esa does not pay the replacement money no later than 1 month after the decision has permanent legal force and if there is a strong reason the period referred to has been extended again for another 1 month, then PT Merial Esa does not pay the said replacement money, then the assets the object may be confiscated by the Prosecutor and auctioned off to pay the replacement money.

The claim is based on the first indictment of Article 5 paragraph (1) letter b of Law no. 31 of 1999 as amended by Law 20 of 2001 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code in conjunction with Article 64 paragraph 1 of the Criminal Code.

"The aggravating things are, the defendant does not support the government's program in eradicating corruption, the defendant has benefited, the defendant does not openly admit his actions. The mitigating factors are, the defendant has never been convicted of a crime, the defendant was cooperative during the trial," said Azis.

The bribes given by PT Merial Esa and other parties are intended for:

First, members of Commission I of the DPR-RI period 2014-2019 from the Golkar Party faction Fayakhun Andriadi amounted to 911,489 US dollars.

Second, the resource person for planning and budgeting for Bakamla Ali Fahmi alias Fahmi Habsyi, amounting to Rp. 64 billion.

Third, Deputy for Information, Law and Cooperation of Bakamla concurrently Acting Main Secretary of Bakamla and Proxy of Budget Users (KPA) of Bakamla's 2016 fiscal year Eko Susilo Hadi amounting to 100 thousand Singapore dollars, 88,500 US dollars and 10 thousand euros.

Fourth, Director of Data and Information at the Deputy for Information, Law and Cooperation of Bakamla and concurrently Commitment Making Officer (PPK) for Activities to Improve Legal Information Management and Cooperation in Maritime Security and Safety within Bakamla Bambang Udoyo for 105,000 Singapore dollars.

Fifth, Head of Planning and Organization Bureau of Bakamla Nofel Hasan, amounting to 104,500 Singapore dollars. Sixth, the Head of Sub-section of Administration, the Main Secretary of Bakamla, Tri Nanda Wicaksono, amounting to Rp. 120 million.

Fayakhun, Eko Susilo Hadi, Bambang Udoyo and Nofel Hasan have already served criminal sentences in the same case.

"The grants to Fayakhun Andriadi and Ali Fahmi were made because they had sought to allocate (plotting) the addition of the Indonesian Bakamla budget for the 'monitoring satellite' and 'drone' procurement projects in the 2016 Revised State Budget," said the prosecutor.

Meanwhile, the award was given to Eko Susilo Hadi, Bambang Udoyo, Nofel Hasan and Tri Nanda Wicaksono for winning a company owned or controlled by PT Merial Esa, namely PT Melati Techofo Indonesia in the procurement of "monitoring satellite" at Bakamla in the 2016 APBNP.

PT Merial Esa is the controller of PT Melati Tehnofo Indonesia because from the beginning the one who wanted the "monitoring satellite" project in Bakamla was PT Meral Esa and because the deed of establishment of PT Merial Esa did not mention job specifications/business fields, Fahmi Darmawansyah as director of PT Merial Esa acquired PT Melati Technofo Indonesia.

"The defendant PT Merial Esa has committed various frauds, including influencing the Bakamla procurement committee by locking specs, setting prices and setting up accompanying companies, namely PT Azure Indo Mandiri and PT Catur Bakti Persada in the procurement work of 'monitoring satellite' for Bakamla FY 2016 as if the auction was proceed according to the auction procedure," added the prosecutor.

Based on the calculations of the Accounting Forensic Unit of the Directorate of Corruption Detection and Analysis of the Corruption Eradication Commission as stated in LHA-AF 04/DNA/12/2021, dated December 22, 2021 regarding the Report on the Calculation of Assets of PT Merial Esa obtained from the procurement of "monitoring satellite" Bakamla for Fiscal 2016 , PT Merial Esa obtained property from the project's profit amounting to Rp133,104,444,139.