Corruption In The Iron Sand Mine, PT NTB Changes The Sentence Of Money Replaced By PT AMG's Kacab To Rp18.7 Billion

The panel of judges at the appeal level at the West Nusa Tenggara (NTB) High Court decided to change the verdict of the defendant Rinus Adam Wakum in the first instance court regarding the crime of replacement money from Rp. 8.2 billion to Rp. 18.7 billion.

Rinus is the Branch Head (Kacab) of PT Anugrah Mitra Graha (AMG) East Lombok who is a defendant in the corruption of the iron sand mine in the Dedalpak Block, East Lombok.

"Imposing additional penalties to the defendant to pay compensation for state financial losses amounting to Rp. 18.7 billion, subsidiary to 6 years in prison," said Chief judge at the appeal level Gede Ariawan reading out the appeal decision of defendant Po Suwandi in a public trial via a live broadcast on PT NTB's YouTube channel, Mataram, Tuesday, March 5, which was confiscated by Antara.

The panel of judges at the appeal level determined the additional sentence by stating in the verdict number: 3/PID.TPK/2024/PT MTR, changing the decision of the Corruption Court at the Mataram District Court dated January 5, 2024 with case number: 18/Pid.Sus-TPK/2023/PN Mtr belonging to the defendant Rinus Adam Wakum.

"Changing the decision of the Corruption Court at the Mataram District Court which was asked for an appeal regarding the additional crime of replacement money charged to the defendant Rinus Adam Wakum," he said.

The replacement money charged by the judge at the appeal level to the defendant Rinus Adam Wakum was in accordance with the prosecutor's demands.

Furthermore, the judge at the appeal level in his ruling determined the main sentence against Rinus Adam Wakum in accordance with the decision of the Corruption Court at the Mataram District Court.

In the first instance court decision, the panel of judges chaired by Isrin Surya Kurniasih sentenced the defendant Rinus Adam Wakum to 14 years in prison and a fine of Rp. 650 million, subsidiary to 6 months in prison.

For replacement money, the judge charged the defendant to pay Rp8.2 billion, subsidiary to 5 years in prison. The determination of this replacement money refers to the results of the NTB BPKP audit which released state financial losses of Rp36.4 billion.

In considering the decision, the judge said a Chinese citizen named Deng Yao Hong who was revealed to have received part of the profit from selling iron sand amounting to Rp10.4 billion.

However, this was revealed in the facts of the trial, not included in the description of the verdict of the panel of judges at the first instance.

Instead, the judge continued to read out the verdict by determining that the defendant should remain in custody.

The judge conveyed this decision by stating that the defendant's actions as Director of PT AMG violated 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 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code in accordance with the primary alternative indictment of the public prosecutor.

In its decision, the judge declared the defendant as Head of the Branch of PT AMG East Lombok, also enjoying the profit of selling iron sand mining activities in the Dedalpak Block which will run in 2021 and 2022 without obtaining approval from the planned activity and budget (RKAB) from the Ministry of Energy and Mineral Resources of the Republic of Indonesia.