Former Director of Pertamina asks Ahok not to spread opinions outside the trial

JAKARTA - Director of Gas PT Pertamina (Persero) for the period 2012-2014 Hari Karyuliarto asked Pertamina's President Commissioner for the period 2019-2024 Basuki Tjahaja Purnama or Ahok not to "take" opinions outside the trial.

According to him, Ahok's testimony in the trial of the alleged corruption in the procurement of liquefied natural gas (LNG) some time ago was clear.

"The trial was open at that time, where he admitted Pertamina's profits," said Hari when met after the trial at the Corruption Court at the Central Jakarta District Court, Monday, quoted by Antara.

Therefore, Hari hopes that Ahok does not need to make a new opinion in the broadcast of the 2019-2024 period Coordinating Minister for Political, Legal, and Security Affairs Mahfud Md.

He emphasized that Ahok should be able to appreciate the examination of witnesses that had taken place.

On the same occasion, Hari Karyuliarto's legal advisor, Wa Ode Nur Zainab, said in Mahfud Md's podcast, Ahok spoke as if he was taking the right action by reporting the LNG procurement case to law enforcement.

In fact, as stated by corporate experts, it has been clearly stated that a commissioner cannot act personally when making a decision, but based on the approval of the entire board of commissioners.

"As far as we know, there has never been a decision by the board of commissioners to then report this to law enforcement," said Wa Ode.

He argued that in the LNG case, Ahok had many misconceptions, which then misled law enforcement officials.

One of the understandings in question, he continued, is related to Pertamina's business activities which should not require the permission of commissioners and general meetings of shareholders (RUPS).

Thus, Wa Ode said that actions that require the permission of the commissioner are only in relation to investment or transfer in the form of shares and so on.

"So, if it is a business activity from Pertamina, such as the export, import of petroleum, gas, and so on, the exploration of gas, oil, does not need a permit," he said.

Hari Karyuliarto is a defendant in the case of alleged corruption in the procurement of LNG Corpus Christi Liquefaction LLC (CCL) at Pertamina and other related institutions in 2011-2021.

The case also dragged Vice President of Strategic Planning and Business Development of the Pertamina Gas Directorate for the period 2012-2013, Yenni Andayani, as a defendant.

The two defendants allegedly caused damage to state finances worth 113.84 million US dollars or equivalent to Rp. 1.77 trillion due to legal acts that enriched the President Director of Pertamina for the period 2009-2014 Galaila Karen Kardinah alias Karen Agustiawan worth Rp. 1.09 billion and 104,016 US dollars and enriched CCL by 113.84 million US dollars.

The illegal acts committed by the two defendants, namely Hari, allegedly did not prepare guidelines for the LNG procurement process from international sources and continued to process the LNG procurement from Cheniere Energy Inc.

Meanwhile, Yenni proposed Hari to sign the Circular Board Meeting Minutes regarding the decision on the signing of the LNG Train 1 and Train 2 sales and purchase agreement from CCL without being supported by economic studies, risk studies, and mitigation in the procurement process of CCL LNG, and without the buyer of CCL LNG who has been bound by an agreement.

Thus, the actions of the two defendants are regulated and threatened with criminal punishment in Article 2 paragraph (1) or Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) jo. Article 64 paragraph (1) of the Criminal Code.