Judge Releases Eni Saragih's Bribery Entrepreneur, Samin Tan

JAKARTA - The Jakarta Corruption Court acquitted the owner of PT Borneo Lumbung Energi and Metal Tbk (BLEM), Samin Tan, from all charges.

"The trial stated that the defendant Samin Tan was not legally and convincingly proven guilty of committing a crime as stated in the first and second alternative charges. Therefore, the defendant was acquitted from the public prosecutor's charges", said Chief Justice Panji Surono in a hearing at the Corruption Court Jakarta, reported by Antara, Monday, August 30.

In this case, Samin Tan was charged with giving money to Eni Maulani Saragih as a member of House of Representatives Commission VII for the 2014-2019 period in a total of IDR 5 billion in three stages. The KPK Public Prosecutor demanded Samin Tan be sentenced to 3 years in prison plus a fine of IDR 250 million, subsidiary to 6 months in prison.

The purpose of giving the gratuity is for Eni Maulani Saragih to help with the termination of the Generation 3 Coal Mining Concession Work Agreement (PKP2B) between PT AKT and the Ministry of Energy and Mineral Resources (ESDM) in Central Kalimantan.

"Ordered the defendant to be released from detention immediately. Restore the rights of the accused in terms of ability, status, and dignity", added Judge Panji Surono.

In their consideration, the panel of judges consisting of Panji Surono, Teguh Santoso, and Sukartono stated that the act of giving gratification had not been regulated in Law no. 31 of 1999 as amended by Law no. 20 of 2001 concerning the Eradication of Corruption Crimes.

"The defendant Samin Tan as the giver of gratification to Eni Maulani Saragih as a member of the House of Representatives has not been regulated in-laws and regulations, what is regulated is a civil servant or state administrator who within 30 days does not report to the KPK by Article 12 B so that because Eni Maulani does not report the gratification then it is threatened in Article 12 B", said Judge Teguh Santosa.

According to the Panel of Judges, Article 12 B of Law no. 31 of 1999 as amended by Law no. 20 of 2001 is not a bribery offense but is a gratification offense, so it is very unlikely that gratification will threaten the punishment for those who give it.

"Since the beginning of the Corruption Eradication Commission Law, the gratification was not designed to also be a criminal act of bribery, gratification is an act that is prohibited from happening when the recipient of the gratuity does not report until after the deadline determined by the law", added Judge Teguh.

Eni Maulani's unlawful act for not reporting the gratuity she received.

"The unlawful nature of receiving gratification is in the recipient not in the giver. This unlawful attitude is shown to the recipient, this is what distinguishes gratification and bribery", said Hakim Teguh.

The gratification offense, according to the judge, becomes perfect when the state administrator, namely Eni Maulani Saragih, does not report receiving something within 30 days of receiving something as stipulated in Article 12 B.

"Considering that because it has not been regulated in-laws and regulations, it is associated with Article 1 paragraph 1 of the Criminal Procedure Code which states that the perpetrator of the act will not be punished except by existing laws and regulations, the provisions of Article 12 B are not addressed to the giver of something and cannot be held accountable", explained the judge.

Meanwhile, in the decision of the Corruption Court envoy at the Central Jakarta District Court Number: 100/Pid.Sus/TPK/2018/PN.Jkt Pst dated March 1, 2019, for Eni Maulani Saragih was sentenced to 6 years in prison plus a fine of IDR paid IDR 5.87 billion in compensation and 40,000 Singapore dollars because they were proven to have received IDR 10.35 billion and 40 thousand Singapore dollars, one of which received a gratuity from Samin Tan for IDR 5 billion.

"Considering in the decision where Eni Maulani was found to have violated Article 12 letter B paragraph 1 where Eni received a gift from Samin Tan for IDR 5 billion, therefore the defendant Samin Tan who had given money to Eni Maulani Saragih cannot be held criminally responsible. Since the defendant was released, he must be reinstated dignity and worth", said the judge.

The judge also explained that Samin Tan was a victim of Eni Maulani Saragih.

"The defendant Samin Tan is a victim of Eni Maulani Saragih who asked for money to finance her husband's nomination as a candidate for a regional head in Temanggung Regency, Central Java," said the judge.

Eni Maulani Saragih is considered not to have the authority to revoke the Decree of the Minister of Energy and Mineral Resources No.3174K/30/MEM/2017 regarding the termination of the Coal Mine Concession Work Agreement (PKP2B) for PT Asmin Kolaindo Tuhup (AKT), which is a subsidiary of PT BLEM, which has the authority is the Minister of Energy and Mineral Resources so that the defendant gave money to Eni Maulani as a victim of extortion.

Upon this decision, the KPK Public Prosecutor immediately declared an appeal. "We declare an appeal", said KPK Public Prosecutor, Ronald F Worotikan.

Meanwhile, Samin Tan's legal advisor, Yadi Noviadi Yusuf, expressed his gratitude for the decision.

"Thank God, thank you, the panel of judges heard that they read the acquittal. Honestly, we were surprised, but because the judges dared to accept our arguments, we used academics, not our practitioners to explain more about how it is against the law. We'll just have to wait for legal action from the prosecutor", Yadi said.