Allegedly Selling Illegally, This Coal Company Can Be Charged With Embezzlement And Money Laundering Articles

Illustration. (Photo: Doc. Antara)

JAKARTA - PT Batubara Lahat (BL) in South Sumatra was reported to be related to the alleged illegal sale of coal that harmed investors. The legal action was taken because the company was suspected of violating the agreed cooperation contract.

According to Gajah Mada University (UGM) Law Expert Muhammad Fatahillah Akbar, if in a cooperation agreement there is bad faith from one of the parties, it can use criminal law instruments based on applicable laws. Even the reported party can also be charged with the Money Laundering Law (TPPU) if the person concerned benefits from his crime.

"The reported party (PT Batubara Lahat) could be subject to criminal sanctions based on the Minerba Law. It could also be (TPPU) if there was profit," said Akbar in Jakarta, Tuesday, August 9.

Similarly, Professor of Law at Al-Azhar University, Indonesia, Prof. Suparji Ahmad, believes that if there is an agreement, the sale must also get approval from both parties.

"If it is agreed that the sale must be mutually agreed upon. Then it must be mutually agreed, if the fact is that it is sold alone, it is in accordance with default," said Suparji.

Even if coal sales are not in accordance with the agreement, they can be charged with fraud and money laundering offences. "Yes, it can be subject to criminal acts of fraud or embezzlement, and the entrapment of money laundering offences," he said.

Previously, Ricky Hasiholan Hutasoit, one of the company's legal team who felt aggrieved by PT Batubara Lahat said that the injustice of the directors and PTBL shareholders could no longer be tolerated.

"We feel that the injustice of PT Batubara Lahat (PTBL) can no longer be tolerated and we have to carry out a police report against the directors and shareholders of the company considering various persuasive efforts have been made," Ricky said in a press statement.

In addition, his party has also made a subpoena requesting that PTBL stop the mining process which is suspected to be carried out illegally.

"Because without the client's permission, we are the beneficial owner, but they are still ignored," he continued.

Ricky said that his party had tried to comply with actual legal principles. "We believe law enforcers can carry out their duties," he said.

It is known that the current increase in coal prices is often not accompanied by good business ethics. The rise of illegal coal sales is because the price of black gold is currently recording the highest price since the first recorded reference coal price (HBA).

The Ministry of Energy and Mineral Resources (ESDM) has set the reference coal price (HBA) in June 2022 at US$323.91 per tonne.