Former Deputy Chairman of the KPK Criticizes the Calculation of State Losses in the Pertamina Case: The Auditor is Ngawur!   

JAKARTA - Former Deputy Chairman of the Corruption Eradication Commission (KPK) Alexander Marwata criticized the basis for calculating state losses in the corruption case of the oil and gas management of PT Pertamina. The audit in the case was considered to be based on assumptions so that it could not be considered the final truth.

This was conveyed by Alexander during a discussion and book launch of the book Criminalization of Policy published by Kompas Gramedia. He said that the results of the audit of state losses should still be tested in the trial process and should not be used as the sole basis for declaring someone guilty.

"I convey and I am firm and strong that the Pertamina case is basically that the auditor is wrong, the auditor is a crook," said Alexander, quoted on Tuesday, June 2.

"Auditors do have the authority to calculate state losses," continued Alex. But, the process must still use clear standards.

"Be careful that the court that determines the state's losses in corruption cases is the panel of judges, not the BPK. If the case can count on anyone as long as the standards are regulated," he said.

Alex emphasized that it would be dangerous if the judge accepted the audit results without thoroughly testing the facts revealed in the trial.

In fact, the courtroom should be used to test whether there is an act against the law as well as to test the validity of the calculation of state losses submitted by the auditor.

"If you assume or think that the results of the KPK audit are something real and certain and cannot be corrected in court, there is no need for a trial," said Alex.

Meanwhile, Yoki Firnandi's lawyer as the former President Director of PT Pertamina International, Dion Pongkor agreed with Alexander Marwata's statement. So, his party will present a witness from Bank Mandiri in the appeal process to clarify facts that have not been fully revealed in the first trial.

According to Dion, one of the points that he wants to emphasize is the allegation that Yoki provided a guarantee to a private company named Gading to obtain a ship rental procurement project at PT Pertamina International Shipping (PIS).

"In the indictment, Mr. Yoki was charged with guaranteeing that the company from the private sector on behalf of Gading would definitely get the project," said Dion.

However, he said that a witness from Bank Mandiri had previously given a different statement in the trial at the District Court.

"We want to make it clear in this High Court because at the PN, the Bank Mandiri witness has given a clear statement that no guarantee was given by Mr. Yoki," he said.

Dion explained that the meeting between Bank Mandiri and PIS occurred at the request of the bank in order to carry out the principle of Know Your Customer (KYC) due to the submission of a ship loan. He also denied any intervention from his client in the credit approval process.

"There was no intervention at all. Bank Mandiri has explained that the credit was approved by the factor, not because of the meeting. Because he guaranteed assets whose value is more than the credit applied for," said Dion.

Therefore, Dion hopes that the High Court panel will examine and decide the case based on the facts revealed during the trial.

"Hopefully the truth will win, justice will be upheld. Don't punish innocent people. So judge according to the facts of the trial, not based on prejudice, not based on perception, assumptions," he concluded.