5 Former Waskita Karya Bosses Sentenced To 6 To 9 Years In Prison, Including Desi Arryani
JAKARTA - Five former officials of PT Waskita Karya (Persero) were sentenced to six to nine years in prison for allegedly proving to be detrimental to the state's finances up to Rp202.296 billion for making 41 fictitious employment contracts.
"Declaring the defendants proven legally and convincingly guilty of committing criminal acts of corruption together as threatened criminally violate article 3 jo article 18 Law No. 31 of 199 as amended by Law No. 20 of 2001 jo article 55 paragraph 1-1 article 65 paragraph 1 of the Criminal Code as the second alternative indictment," said public prosecutor (JPU) KPK Ronald Worotikan in the Court of Criminal Corruption (Tipikor) Jakarta , reported by Antara, Monday, April 12.
The five people are former Head of Civil Division/Division III/Division II of PT Waskita Karya 2008-2011 Desi Arryani, former Head of East Canal Development Project – Package 22 of PT Waskita Karya Fathor Rachman, former Head of Control Ii Division II of PT Waskita Karya Jarot Subana, former Head of Kali Bekasi Hilir Normalization Project Fakih Usman and former Head of Finance of Civil Division III PT Waskita Karya Yuly Ariandi Siregar.
"Criminal charges against the defendants are defendant I Desi Arryani with a prison sentence of 6 years plus a fine of Rp300 million subsider criminal confinement for 3 months," added prosecutor Ronald.
Furthermore, defendants Fathor Rachman, Jarot Subana and Faih Usman were sentenced to 8 years in prison plus a fine of Rp300 million subsider 3 months of confinement.
"Defendant V Yuly Ariandi Siregar with a prison sentence of 9 years plus a fine of Rp300 million subsider substitute confinement for 3 months," said prosecutor Ronald.
The defendants are also required to pay a replacement of varying sizes.
"Defendant I Desi Arryani amounted to Rp3,415 billion but because the defendant has returned the entirety so that it is no longer charged to pay the replacement money," added prosecutor Ronald.
Defendant II Fathor Rachman was asked to pay a replacement fee of Rp3.67 billion which if not paid a maximum of 1 month after the court's decision of permanent legal force then his property will be auctioned and if insufficient will be penalized for 2 years.
Defendant III Jarot Subana was asked to pay a replacement fee of Rp7,124 billion which if not paid a maximum of 1 month after the court's decision of permanent legal force then his property will be auctioned and if insufficient will be penalized for 3 years.
Defendant IV Fakih Usman was asked to pay a replacement fee of Rp8,878 billion which if not paid a maximum of 1 month after the court's decision of permanent legal force then his property will be auctioned and if insufficient will be penalized for 3 years.
Defendant V Yuly Ariandi Siregar was asked to pay a replacement fee of Rp47.386 billion which if not paid a maximum of 1 month after the court's decision of permanent legal force then his property will be auctioned and if insufficient will be penalized for 3 years.
"The incriminating thing, the actions of the defendants do not support the government's program in the eradication of corruption. The actions of the defendants have resulted in reduced profits that should have been obtained by PT Waskita Karya, Tbk as a state-owned enterprise resulting in state losses," added prosecutor Ronald.
While the lightening in the actions of the accused is that the defendants are polite and have never been convicted.
"Specifically defendant I Desi Arryani has returned all the money from the crime that he enjoyed which amounted to Rp3.415 billion. As for defendant II Fathor Rahman, defendant III Jarot Subana, defendant IV Fakih Usman and defendant V Yuly Ariandi Siregar the public prosecutor argued it should be charged to pay additional criminal how much replacement money because the defendants have not returned the money from the corruption crimes enjoyed," said the prosecutor.
Division II of PT Waskita Karya is tasked to carry out construction work / large-scale infrastructure projects that are above Rp100 million using high technology and its working area covers the whole of Indonesia with projects including the construction of airports, bridges, toll roads, normalization of rivers, dams and ports.
The defendants then agreed to raise "non budgeter" funds by contracting the work of fictitious subcontractors attached to the main projects undertaken by PT Waskita Karya which would later pay for the works to the fictitious subcontractor companies to be returned (cash back) to PT Waskita Karya.
Designated fictitious subcontractor companies are given a "fee" of borrowing a flag of 1.5-2.5 percent of the contract value.
To facilitate the administrative process, especially 'cash back' to the Civil Division, defendant I Desi Arryani proposed that the Civil Division 'borrow the flag' of subcontractor companies owned by officials / employees of PT Waskita Karya (Persero).
Furthermore, the staff / head of the administrative section of the project contract makes the completeness of procurement of work in accordance with the contract drafted, but no procurement process is carried out, only as a completeness of the administration of the contract, namely the price quote, news of the clarification event and comparison data.
Payment is used through the issuance of cash checks and transfers to the accounts of subcontractors.
In 2009- May 2011 has signed 21 fictitious subcontractor employment contracts attached to 14 major employment contracts carried out by PT Waskita Karya Persero. Furthermore, there are still 20 more fictitious subcontractor employment contracts filed during June 2011-August 2013.
For his fifth act there are 14 who benefit, namely:
1. Defendant I Desi Arryani amounted to Rp3,415 billion
2. Defendant II Fathor Rachman amounted to Rp3.67 billion
3. Defendant III Jarot Subana amounted to Rp7.124 billion
4. Defendant IV Fakih Usman amounted to Rp8,878 billion
5. Defendant V Yuly Ariandi Siregar amounted to Rp47.387 billion
6. Head of Civil Division Finance Division of PT Waskita Karya 2009-2010 Haris Gunawan amounting to Rp1.525 billion
7. Project Head Dono Parwoto amounted to Rp1.365 billion
8. Imam Bukori amounting to Rp6,181 billion
9. Wagimin Civil Division Cashier of Rp20.515 billion
10. Project head Yahya Mauluddin of Rp150 million
11. PT Safa Sejahtera Abadi (affiliated with Fakih Usman) amounted to Rp8.162 billion
12. CV Dwiyasa Tri Mandiri (affiliated with Haris Gunawan) amounting to Rp3.83 billion
13. PT Mer Engineering (affiliated with Dono Parwoto) amounted to Rp5,794 billion
14. PT Aryana Sejahtera (affiliated with Fathor Rachman) amounted to Rp1.7 billion.
The hearing continued with the reading of the plea on Monday, April 19, 2021.