Supreme Court Rejects Samin Tan's Cassation, KPK: A Bad Precedent In Combating Corruption

JAKARTA - The Corruption Eradication Commission (KPK) respects the decision of the Supreme Court (MA) which rejected the appeal against the former owner of PT Borneo Lumbung Energi and Metal Tbk (PT BORN) Samin Tan. But on the other hand, the KPK considers the decision to set a bad precedent.

"We respect the court's decision but of course it can set a bad precedent if the court's considerations do not look at the aspect of the mode of corruption which is so complex that law enforcement is not only based on text books," Acting KPK Spokesperson for Enforcement Affairs Ali Fikri told reporters, Friday, June 17th.

Law enforcement, continued Ali, should be carried out with an extraordinary perspective. Moreover, the KPK has worked hard to prove the alleged corruption committed by Samin Tan.

Ali said that all the evidence had also been prepared by the KPK Public Prosecutor (JPU) and presented in the trial process, both at the first level to the cassation.

"Starting from the statements of witnesses and electronic evidence, the conversations are very clear. We present and conclude in a legal analysis," he said.

"Of course, if then the Supreme Court has a different opinion, we appreciate it. However, we also want to convey that in efforts to eradicate corruption, especially in taking action or handling cases, a joint commitment is needed that corruption is an extraordinary crime," Ali added.

The efforts of the KPK Public Prosecutor (JPU) to ensnare the mining businessmen failed. This appeal was made after Samin Tan was acquitted by the Jakarta Corruption Court.

"The decision was rejected," was quoted from the site.

The appeal filed by the KPK prosecutor was registered with number 2205 K/PID.SUS/2022 and entered the Supreme Court on April 1.

As previously reported, Samin Tan was sentenced to 3 years in prison and a fine of Rp. 250 million, subsidiary to 6 months in prison before being released.

In consideration, the Corruption Court's Panel of Judges consisting of Panji Surono, Teguh Santoso, and Sukartono stated that the act of giving gratification has not been regulated in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption.

After being acquitted, the Jakarta Corruption Court ordered Samin Tan to be immediately released from detention and his rights restored.

Samin Tan gave money to former Deputy Chairman of Commission VII DPR RI Eni Maulani Saragih so that he would help with the termination of the Generation 3 Coal Mining Concession Work Agreement (PKP2B) between PT AKT and the Ministry of Energy and Mineral Resources (ESDM) in Central Kalimantan. .