JAKARTA - The Public Prosecutor (JPU) has charged the President Director of PT Perusahaan Gas Negara (PGN) Tbk for the period 2008-2017, Hendi Prio Santoso, with causing a loss of US$ 15 million or equivalent to Rp. 255 billion (exchange rate of Rp. 17 thousand per US dollar) related to corruption cases in the company.
The Public Prosecutor (JPU) from the Corruption Eradication Commission (KPK) Agung Nugroho said that the state's losses were caused by several parties who were enriched in the activities of obtaining funds from PGN for the Isargas Group.
"One of them enriched the defendant Hendi by 500 thousand Singapore dollars," said the JPU in the reading of the indictment at the Corruption Court at the Central Jakarta District Court, Antara, Thursday, April 16.
In addition to Hendi, there are also several other parties who are enriched in the case, namely the Isargas Group of US $ 14.41 million and the Deputy General Chairman of the Chamber of Commerce and Industry (Kadin) for Marine and Fisheries, Yugi Prayanto, US $ 20 thousand.
The JPU explained that Hendi's actions enriched himself and several other parties in the case together with the President Commissioner of PT Inti Alasindo Energy (IAE) as well as the Commissioner of Isargas Group Arso Sadewo Tjokrosoebroto, who had undergone a trial reading of the indictment, Wednesday (8/4).
The receipt of funds from PGN was allegedly carried out with the aim of helping to settle the debt of the Isargas Group, even though PGN is not a funding company or a financial institution or financing that can provide loan funds.
The funds were provided in the form of an advance payment by PGN to the Isargas Group in a gas purchase and sale agreement, even though there was a ban on tiered gas sales and purchases by the Minister of Energy and Mineral Resources (ESDM) to support PGN's acquisition plan with the Isargas Group.
It is stated that the payment in advance and the sale and purchase of gas are not included in the PGN Company Work Plan and Budget (RKAP) for 2017 and 2018 and there is no due diligence.
As a result of his actions, Hendi is threatened with a criminal penalty as stipulated in Article 603 in conjunction with Article 20 of the Criminal Code or Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001.
The JPU revealed that the case began at a meeting in August 2017, when Arso Sadewo and Commissioner of PT IAE for the period 2006-2023 Iswan Ibrahim conveyed the condition of the Isargas Group which was in need of funds to pay debts to PT Pertamina Gas (Pertagas) and other parties.
To obtain the funds, Arso Sadewo and Iswan proposed a gas purchase and sale cooperation plan with an advance payment scheme of 15 million US dollars. Based on this proposal, Hendi Prio agreed and helped convey it to PGN.
"After the meeting, Arso Sadewo told Iswan that if the agreement had been signed and the advance payment had been successfully disbursed, there would be a commitment fee of 500 thousand Singapore dollars to Hendi Prio," said the JPU.
On November 2, 2017, a joint agreement and gas purchase agreement with an advance payment scheme was signed, which contained a joint agreement between PGN with PT Isar Aryaguna and PT IAE of 15 million US dollars.
The agreement also contains a Gas Purchase and Sale Agreement (PJBG) between PGN and PT IAE with a term of six years, with a volume of 15 billion British Thermal Units (BTU) per day and a purchase price of 7.4 dollars per 1 million BTU.
After obtaining the approval of the Board of Directors, on November 7, 2017, Iswan, through Sophian, sent a bill of 15 million US dollars to the Commercial Director of PT PGN for the period 2016-2019 Danny Praditya for prepayment without being accompanied by several required guarantee documents, such as Bank Guarantee documents and documents Akta Fidusia for the provision of the funds.
Then, the JPU continued that a fund of 14.77 million US dollars (after tax deduction) was also transferred to an account in the name of PT IAE. Then, on November 14, 2017, the transfer of all funds to the account of PT Isargas was ordered.
In order to make it seem as if the advance payment had been made in accordance with the procedure with the attached fiduciary deed and other guarantees, on November 15, 2017, a signature was made for the amendment to the joint agreement which changed the date of submission of the fiduciary deed guarantee from the previous date of November 6 to December 15, 2017.
Furthermore, on November 14, 2017, Iswan ordered the withdrawal of money from the PT Isar Aryaguna cash amounting to IDR 5.09 billion and exchanged it for Singapore dollars amounting to 509,400. The money was handed over to Arso Sadewo to be handed over as a bonus/commission (success fee) to Hendi Prio.
"After receiving the money, Hendi Prio gave a portion to Yugi amounting to 20 thousand US dollars," said the JPU adding.
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