Denying Ira Puspadewi's Criminalization, KPK: There Was An Action Against The Law In The ASDP Acquisition Case

The Corruption Eradication Commission (KPK) said that the trial of alleged corruption in the business cooperation and acquisition of PT Jembatan Nusantara by PT ASDP Indonesia Ferry (Persero) had opened an unlawful act committed by Ira Puspadewi as the former president director of the state-owned company.

This was conveyed by the acting (Plt) Deputy for Enforcement and Execution of the KPK Asep Guntur Rahayu in response to the many narratives of criminalization against Ira after the verdict hearing on Thursday, November 20.

Ira is known to have been sentenced to 4.5 years in prison and a fine of Rp. 500 million by the Jakarta Corruption Court in the corruption case of PT Jembatan Nusantara's business cooperation and acquisition by ASDP.

Meanwhile, former Director of Planning and Development of PT ASDP, Harry Muhammad Adhi Caksono, and former Director of Commercial and Services of PT ASDP, Muhammad Yusuf Hadi was sentenced to 4 years and a fine of Rp250 million. They were found guilty and committed corruption together as the second alternative indictment Article 3 in conjunction with Article 18 of Law Number 31 of 1999.

"Followed by the entire trial, it was revealed that there was an unlawful act," Asep told VOI via text message, Monday, November 24.

Asep also mentioned that Ira et al's actions were dangerous. This is because the ship owned by PT Jembatan Nusantara, which was acquired as old.

"Please check the ships of PT Jembatan Nusantara which were purchased by ASDP for Rp. 1.2 trillion, the year of construction, which was in 1960," he said.

Complementing Asep's statement, KPK Spokesperson Budi Prasetyo said the decision against Ira et al had proven that there was an act that caused state financial losses of up to Rp1.25 trillion. Among them are the process and the results of the assessment of the Public Appraisal Service Office or KJPP which evaluates ships and the company's overall valuation," he said separately.

Budi said the monitoring of this ship occurred with the knowledge of the Board of Directors of PT ASDP. "While the value of the share or company valuation, KJPP is adjusted to the expectations of the ASDP Board of Directors. Including the determination of the Discount on Lack of Marketability or DLOM which is lower than the available options," he explained.

Then there is also other evidence that has been presented at the trial, such as conversations of parties that confirm the facts of conditioning.

"In addition, PT JN's financial health condition as a company that was acquired in the period before being acquired in 2017-2021 in a downward trend or declining, which can be seen from its low and decreasing profitability ratio or Return on Assets, as well as its ability to settle current liquidity obligations or liquidity ratios, are often referred to as current ratios," said Budi.

"This is not a consideration of the Board of Directors and is not evaluated together with due diligence consultants to assess the feasibility of the acquisition," he continued.

Budi also mentioned that PT Jembatan Nusantara, which is a subsidiary of PT ASDP, is still at a loss and has debts that must be repaid. Because, the acquisition is not only related to assets but also their obligations.

On the asset side, more than 95 percent of the value of assets is ships over the age of 30 whose book value has been increased so that it is overstated through an accounting scheme for maintenance costs capitalization, ship value revaluation, inter-affiliated ship purchase transactions without real payment transactions.

As for the trial of Ira's case in the spotlight after the Chief Justice of the Panel of Judges, Sunoto stated that Ira Puspadewi et al should be acquitted or onslag. He took the option of dissenting opinion because the acquisition of PT JN by ASDP was not entirely convincing as a criminal act of corruption.

Sunoto also said that the punishment for Ira Puspadewi et al also had a negative impact on the business world, especially SOEs. The board of directors can be afraid to make decisions for fear of experiencing a similar fate.

"The best professional-professional will think many times to accept leadership positions in BUMN because they are worried that any non-optimal business decisions can be criminalized," Sunoto said in court.