JAKARTA - The Corruption Court of Justice at the Central Jakarta District Court said that the alleged corruption case in the procurement of liquefied natural gas (LNG) from PT Pertamina (Persero) had caused a loss to the state treasury of 113.84 million US dollars (USD) or equivalent to Rp. 1.77 trillion.
"This is based on the results of the investigation of the Indonesian Financial Investigation Agency in the context of calculating state losses on the procurement of LNG Corpus Christi Liquefaction at PT Pertamina and other related institutions," said Judge Hiashinta Fransiska Manaludalam the reading of the verdict at the Corruption Court at the Jakpus PN, Monday, May 4, reported by ANTARA.
Member Judge Hiashinta said the state's losses occurred after the profits reaped by Pertamina's President Director for the 2009-2014 period Galaila Karen Kardinah alias Karen Agustiawan and Corpus Christi Liquefaction (CCL) in the case.
The determination of state losses was read at the trial of the reading of the verdict against the Director of Gas PT Pertamina (Persero) for the period 2012-2014 Hari Karyuliarto and Vice President Strategic Planning Bussiness Development, Director of Gas Pertamina for the period 2012-2013 Yenni Andayani.
The panel of judges considered that the two defendants had carried out a series of acts that did not conform to the parameters of the State-Owned Enterprise (BUMN) manager who should run their business properly and correctly.
In running a business, Judge Hiashinta said the defendants should comply with the principles of good corporate governance (good corporate governance) including transparency, accountability, responsibility, independence and fairness.
Judge Hiashinta revealed the series of acts committed by Hari in the case, including not drafting guidelines for the procurement process of LNG from international sources and still processing the procurement of LNG from Cheniere Energy.
Then, Karen proposed that Hari sign the LNG Sales and Purchase Agreement (SPA) Train 1 without the support of the board of directors' approval, the written response of the board of commissioners and the approval of the General Meeting of Shareholders (GMS) and without the existence of a buyer of LNG CCL who has been bound by an agreement.
Meanwhile, the panel of judges revealed that Yenni's actions included proposing to Hari to sign a board meeting minutes regarding the decision on the signing of the LNG Train 1 and Train 2 sales and purchase agreement from CCL.
However, the signing was carried out without being supported by economic studies, risk studies and mitigation, in the procurement process of CCL LNG and without the buyer of CCL LNG who had been bound by an agreement.
Yenni was proven to have signed the Train 1 LNG purchase SPA between PT Pertamina (Persero) and CCL on December 4, 2013 based on a power of attorney from Karen even though not all Pertamina directors had signed the minutes of the board meeting.
In addition, Judge Hiashinta added that the signing of the SPA was carried out by Yenni without any written response from the Pertamina Board of Commissioners and the approval of the GMS and without the Corpus Christi LNG buyer having been bound by an agreement.
"Thus, the actions of the defendants are not merely in the realm of mere administration," said the Chief Judge.
In the case of alleged corruption in the procurement of CCL LNG at Pertamina and other related institutions in 2011-2021, Hari and Yenni were each sentenced to 4 years and 6 months and 3 years and 6 months in prison.
The two defendants were also sentenced to a fine of Rp. 200 million each, with the provision that if not paid, it will be replaced (subsider) with a prison sentence of 80 days.
Thus, both were proven to have violated Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) jo. Article 64 paragraph (1) of the Criminal Code.
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