NTB - The West Nusa Tenggara (NTB) High Prosecutor's Office (Kejati) uses the decisions of the two defendants of exploiting water resources in the Gili Trawangan and Gili Meno tourist areas to calculate the loss of corruption cases in the work of managing the drinking water supply system (SPAM) between PT GNE and PT BAL.
"So, the verdict and all the facts of the trial, both in the form of documents and witness statements, we will conduct a study for the audit material for calculating state losses," said Head of the NTB Attorney General's Office Enen Saribanon in Mataram, NTB, Thursday, May 8, as reported by Antara.
He also stated that the investigation into corruption in the SPAM management cooperation between PT GNE (Gerbang NTB Emas) and PT BAL (Berkat Air Laut) in Gili Trawangan and Gili Meno was an attempt by the prosecutor's office to restore state rights from the decision to exploit the water.
"The case between GNE and BAL at the trial was about general crimes, related to the environment, it was without permission in the management, illegal water collection. And we are now in the corruption case, we see that there are advantages in water management, which do not enter into state rights, so there is a loss there," he said.
In calculating state losses, he continued, investigators are now coordinating with the Financial and Development Supervisory Agency (BPKP).
By saying this, Enen assured that the loss of his corruption case would be exposed in the form of a nominal amount of money.
"Losses will be calculated in the form of money, state rights must be restored there," he said.
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Two defendants in the general criminal case of water exploitation in Gili Trawangan and Gili Meno are the company's directors who work together in the management of the SPAM, namely Samsul Hadi from PT GNE and William John Okal from PT BAL.
In the first instance court decision on October 31, 2024, the judge sentenced the two defendants to 1 year in prison and a fine of Rp. 1 billion, subsidiary to 3 months in prison.
The judge in the decision also determined that the two defendants remain in the city detention status. Then the judge ordered the confiscated evidence in the form of two of the three points where the ground water drilling was in the Gili Trawangan area, requested to be confiscated by the state.
This includes seizing all operational support facilities from land water drilling activities without the permit.
The judge determined the decision by stating that the actions of the two defendants had been proven to have violated the indictments of the three public prosecutors.
The indictment outlines Article 70 letter d in conjunction with Article 49 paragraph (2) and paragraph (1) of Law No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law no. 2 of 2022 concerning Job Creation.
The judge applied the indictment by stating that the defendant William John cap has been proven guilty of committing a criminal act of intentionally providing clean water without a business license in the period November 2019 to October 2022.
Meanwhile, against Samsul Hadi, the judge stated that the defendant's actions as director of the NTB Regional Owned Enterprise (BUMD) had been proven to have committed a criminal act by deliberately giving William John promise as Director of PT BAL to run a business without obtaining a valid business license according to government regulations.
For the decision at the appeal level, the NTB High Court judge accepted the appeals of the two defendants and public prosecutors and upheld the first-degree court decision.
Based on this decision, the two defendants and prosecutors again submitted further legal remedies to the cassation level which is now awaiting a verdict.
Then in the indictment of the two defendants, the prosecutor previously said that due to the ongoing joint business activities without a valid permit, it was revealed that Samsul Hadi as Director of PT GNE had received a distribution of the proceeds from the sale of clean water from PT BAL worth Rp1.25 billion.
The profit figure received by the director from the regional company owned by the NTB Provincial Government was conveyed by the prosecutor from mid-November 2019 to the end of October 2022.
This was conveyed by the prosecutor in accordance with proof of bank transfer from William John airing as Director of PT BAL to Samsul Hadi, Director of PT GNE.
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