Reflecting On The Taspen Case, KPK Prosecutors Say BUMN Losses Can Be Based On Evil Intentions

Head of the KPK Public Prosecutor's Task Force (Kasatgas) Greafik Lose/PHOTO: Wardhany Tsa Tsia-VOI

JAKARTA - The Public Prosecutor (JPU) of the Corruption Eradication Commission (KPK) does not agree that the losses incurred due to investment cannot be charged with corruption. The fictitious investment case of PT Taspen (Persero) is said to be an example.

"We want to share people's opinion that if the nature of investment, loss means that there is no crime. Oh, come on. Loserte's loss of investment is an accident but the investment that is intended to lose is corruption," said Head of the Public Prosecutor's Task Force (Kasatgas) Greafik Loserte, who handled the PT Taspen (Persero) fictitious investment corruption case at the KPK's Merah Putih building, Kuningan Persada, South Jakarta, Wednesday, October 15.

In the Taspen case, for example, the prosecutor can prove that the investment made is intended to lose money. Thus, the defendants in this case, one of which is Antonius N.S. Kosasih as former President Director of PT Taspen, can benefit.

"In the Taspen case, we can prove that this case is intended to lose. What is the loss? Since the beginning, Taspen has a sukuk ijariah default of Rp. 200 billion. Because he wanted to remove it from his portfolio he sold Rp1 trillion in money," he said.

"Imagine losing the Rp200 billion burden, he spent another Rp1 trillion. What does that mean? Closing the loss with new losses," continued Greafik.

Greafik explained that the fictitious investment case that had been tried could be the first corruption allegation to intersect with the capital market.

He said this condition had also opened a new discourse regarding the handling of alleged fictitious investment corruption. The defendant's attorney, called Greafik, often argued that this case should not be a criminal act of corruption (tipikor) but contrary to the Law on the Capital Market.

Therefore, this case of PT Taspen's fictitious investment corruption can be a lesson. "Well, this is a challenge in itself," he said.

"The KPK handles cases with those intersecting with the capital market so that we can provide information to the public that corruption can occur anywhere. Including corruption that occurs in the capital market sector, in the investment sector," continued Greafik.

As previously reported, the Jakarta Corruption Court Panel of Judges sentenced him to 10 years in prison in connection with the alleged fictitious investment case at PT Taspen in 2019. This case was tried by the chairman of the panel of judges Purwanto S. Abdullah with judges members Sunoto and Mulyono Dwi Purwanto.

"Kosasih has been legally and convincingly proven guilty of committing a criminal act of corruption together as the primary indictment of the public prosecutor," said Chief Judge Purwanto Abdullah when reading the verdict of the panel of judges at the Corruption Court at the Central Jakarta District Court, Monday, October 6.

The panel of judges in their decision stated that Kosasih was proven to have harmed state finances amounting to Rp1 trillion.

In addition to imprisonment, Kosasih, who in this case was declared to have committed corruption while serving as Investment Director of PT Taspen in 2019 was sentenced to a fine of Rp. 500 million. If he is unable to pay, he will be replaced with a subsidiary with imprisonment for 6 months.

In addition, Kosasih was also sentenced to additional penalties in the form of payment of replacement money amounting to Rp29.15 billion; 127,057 US dollars (US); 283,002 Singapore dollars; 10 thousand euros; 1,470 Thai baht; 30 British pounds; 128 thousand Japanese yen; 500 Hong Kong dollars; 1.26 million Korean won; and Rp2.87 million.

"In the event that the defendant does not have sufficient assets to pay the replacement money, he will be replaced with imprisonment for 3 years," said the presiding judge.

For his actions, Kosasih was found guilty as stated in Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code.