Tin Corruption Trial: Expert Highlights Investigation Authority By PPNS ESDM

JAKARTA The trial of the alleged corruption case of the Tin trade system involving four administrators of CV Venus Inti Perkasa (VIP) was again held at the Jakarta Corruption Court, Monday, November 18. The agenda of this trial presented an expert witness from the attorney for CV VIP.

Professor of Mining Law at Hasanuddin University, Prof. Dr. Ir. Abrar Saleng, SH, who is an expert witness, stated that violations in mining are usually resolved through administrative sanctions, not criminal sanctions.

"If a mining company has a mining business license (IUP), then every violation committed is included in administrative sanctions, not criminal. All permit-based mining activities are not considered illegal. What is convicted is mining outside the permit," said Abrar. Only Police and PPNS ESDM Authority

Abrar also emphasized that investigations into criminal acts in the mining sector can only be carried out by police and Civil Servant Investigators (PPNS) from the Ministry of Energy and Mineral Resources (ESDM).

"Investigation of mining crimes can only be carried out by PPNS of the Ministry of Energy and Mineral Resources and the police. Apart from them, there are no other authorized institutions. Mining investigators must undergo special education and have special decrees," he explained.

Abrar assessed that the Public Prosecutor (JPU) in the case of alleged corruption in the Tin trade system worth Rp271 trillion did not understand the technical term mining.

"This will not happen if the investigator is an expert in the mining sector," he added.

When asked about who is responsible for a criminal act in the mining sector, Abrar emphasized that IUP holders are the responsible party.

"Based on the law, companies holding the IUP remain responsible even though they cooperate with third parties. Legal responsibility cannot be transferred," he said.

Opinion Of Other Experts On The Implementation Of The Corruption Act

Another expert witness, Dr. Mahmud Mulyadi, SH., M. Hum from the University of North Sumatra, stated that the Corruption Crime Law (Tipikor) cannot be used carelessly for all cases involving state losses.

"If every state loss is considered a criminal act of corruption, then fishermen who commit illegal fishing can also be charged with the Anti-Corruption Law. This is not appropriate," said Mahmud.

According to Mahmud, the Anti-Corruption Law can only be applied if there is no special law that regulates these actions. If there is a conflict between the Anti-Corruption Law and other special laws, such as the Minerba Law, then the appropriate legal domain must be prioritized.

"The elements must first be tested against the law, benefit yourself, and harm the state. If there is a slice with other laws, research is systematically important," he explained. Ironi Mining The People in South Bangka

Meanwhile, fact-witness Heru Promono, Head of Bencah Village, South Bangka, revealed that the people's mining had been going on for a long time in his area.

"People's mining in Bencah Village has existed since I was a child and has been left alone by PT Timah. Until now, this activity has become the main livelihood of the residents," said Heru.

According to Heru, this mining activity is supervised by the mine supervisor and security officer of PT Timah, but is still allowed to take place.