Follow-up Session Of The Bukit Asam PLTU Corruption Case, Expert: Not State Losses

JAKARTA - The follow-up trial against the defendant in the alleged corruption case of the Sootblowing System of the Bukit Asam PLTU at PLN UIK SBS, with the agenda of hearing the testimony of 5 expert witnesses presented by the defendantaphir Indrajaya.

State Administrative Law Expert and State Financial Law Dian Puji Nugraha Simatupang said that the procurement of Goods and Services within BUMN is protected by the Law of Administration and of course the legal responsibility is also administrative, such as improving administration, restoring and improving corporately and everything that arises is resolved in the work unit within the BUMN itself.

Dian also responded with the amendment to the BUMN Law no. 1 of 2025 that it is very clear and firm that it has been stated in Article 4B that BUMN losses are not state losses.

"There is no connection between state losses and state-owned losses," he said

Similarly, Criminal Law Expert M. Arif Setiawan responded to the same thing with the amendment to the BUMN Law no. 1 of 2025 which has been in effect since the date it was promulgated that BUMN losses are not state losses, in connection with the application of articles 2 and 3 of the TPK Law to the defendant, it must refer to the most favorable application of the defendant based on the Criminal Code Chapter I, Article 1 Paragraph 2.

Arif also responded to the PKKN based on the Constitutional Court's Decision JR Article 6 of the KPK Law that the KPK coordinated with BPK, BPKP, Inspectorate, etc. in eradicating corruption but not conducting audits.

Based on the SEMA MA in 2024, the State Institution authorized to declare state losses is the BPK.

"This is an ideal and the highest level status", he said.

According to Technical Expert Irfan Zen, he explained that he had made a visit to the Bukit Asam PLTU some time ago to conduct visual inspections, data collection and interviews with the maintenance team.

In his statement, Irfan explained that from the results of visual inspection of all the new sootblowing equipment, data and operating parameters before and after the sootblowing equipment was replaced and the results of interviews with PLN Bukit Asam, he was able to provide a node that this work had been carried out properly, the function of the system had been running well and completely according to specifications.

Based on the results of an interview with PLN Bukit Asam, the results received by PLN from the replacement project for sootblowing equipment have excellent implications, unitary disruption has greatly decreased which has an impact on the availability of increasing power plants and increasing electricity supply.

State Losses Calculator Erwinta Marius gave his statement that his party as a public accountant carried out a reasonable calculation of the sales of PT Truba Engineering Indonesia, especially the work of Retrofit System Sootblowing, to PLN based on the provisions of Law no. 5 of 2011 article 3 (1) 3) that public accountants provide other insurance services. Erwin said that the selling price consists of a production cost (direct cost + direct cost) + profit. In a general business, there must be calculations of profits except in the form of foundations and other non-profit institutions. Based on the calculation of the reasonable offer from PT Truba to PLN referring to this lumpsum contract, his party concluded that it is reasonable because the real selling price is still low at 5.16 percent compared to the contract price.

By using the real cost calculation method, based on the recording of expenses from PT Truba in this work, PT Truba suffered a net loss of IDR 2.916.684.640, - after taking into account the return of the results from the BPK RI PDTT Audit of IDR 8.270.403.061.

Erwin also said that in calculating state financial losses (PKKN), the value used was before VAT, because this VAT went into the state treasury.

"This VAT is the right of the state and is deducted directly by the state," he said.

Others Erwin also gave information regarding the basic provisions in carrying out a PKKN audit that inevitably prioritizes independent, objective and professional principles.

If PKKN is carried out by 1 institution / agency that is the same as APH, it will certainly be doubted regarding these three principles because there will be a conflict of interest.

Government Goods and Services Procurement Expert Nandang Sutisna explained, there are 2 barometers that can be a benchmark for the success of a procurement in BUMN when the BUMN business side and the public service side are met, so the procurement can be said to achieve its goals.

Nandang revealed that budget changes in SOEs are common.

In a narrow industry, Nandang explained that the replacement of the role of providers is a common and common thing.