Not Enough Evidence, KPK Stops Investigating the Corruption Case of Mining and Bribery of the Former Regent of Konawe

JAKARTA - The Corruption Eradication Commission (KPK) has stopped investigating the alleged corruption case of mining permits and bribes in the environment of the North Konawe Regency Government, Southeast Sulawesi.

KPK spokesman Budi Prasetyo explained that the issuance of the Letter of Order to Stop Investigation (SP3) was carried out after investigators did not find sufficient legal grounds, especially regarding proof of state financial losses.

"The issuance of SP3 by the KPK is appropriate, because the sufficiency of evidence in the investigation process is not fulfilled, article 2, article 3, namely it is constrained in calculating state financial losses," said Budi in his statement, Sunday, December 28.

Apart from the issue of evidence, the KPK also considers the aspect of the time of the case. According to Budi, the alleged criminal act occurred in 2009, so it intersects with the provisions of the statute of limitations, especially in the case of bribery.

Budi emphasized that the termination of the investigation was not merely to stop the legal process, but as a form of enforcement of the principle of legal certainty for all parties involved in the case.

"This means that the provision of SP3 is to provide clarity and legal certainty to the parties concerned. Because every legal process must be in accordance with legal norms," said Budi.

"This is also in accordance with the principles of the implementation of the duties and powers of the KPK as regulated in Article 5 of Law Number 19 of 2019, namely legal certainty, openness, accountability, public interest, proportionality, and respect for human rights," he added.

Previously, the KPK had investigated allegations of corruption in granting mining exploration and exploitation permits and mining business permits (IUP) for production operations from the North Konawe Regency Government in 2007-2014.

In this case, the former Regent of North Konawe, Aswad Sulaiman, is suspected of receiving bribes of up to Rp. 13 billion from a number of businessmen who were given mining permits in his area.

As a result of his actions, he was then named a suspect by the KPK and considered to have harmed the state up to Rp2.7 trillion.

This figure is said by the KPK to come from the sale of nickel production through a process that is not in accordance with the rules. Aswad is suspected of unilaterally revoking mining rights, which are mostly owned by PT Antam.

From all the permits issued, several companies have reached the production stage to be exported.

He was then suspected of violating Article 2 paragraph (1) or Article 3 of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes in conjunction with Article 55 paragraph (1) of the Criminal Code. 1.