JAKARTA - The case of alleged corruption in the granting of a CPO export permit at the Corruption Court (Tipikor) at the Central Jakarta District Court (PN) has spread to the issue of providing direct cash assistance (BLT) amounting to Rp6 trillion. This policy is said to have been calculated as a state loss caused by CPO exporters and cooking oil, preferring to export, rather than channel it domestically.
The logic built by the public prosecutor (JPU), the actions of the exporters made cooking oil circulating in the domestic market become scarce and the price soared. In effect, to reduce the increase in the price of migrants at that time, the government had to disburse BLT from its pocket as a direct subsidy.
In his testimony at the trial, the Director of Social Disaster Victim Protection at the Ministry of Social Affairs Mira Riyanti Kurniasih admitted that the high price of oil in the domestic market at that time was inseparable from the high price of world palm oil in the international market.
To ease the burden on the community, according to the President's direction on April 1, 2022, the government has decided to provide direct cash assistance (BLT) which will be given to 20.5 million KPM, recipients of non-cash food assistance, and recipients of the family hope program.
"It's like that. It started in April (2022) we realized BLT for the migor," he exclaimed, Wednesday, October 19.
He explained that the budget for BLT itself was taken from the general social assistance budget post which had been allocated in the state budget since November 2021, long before there was an increase in prices and shortages of migrants.
Actually it was taken from our budget. We have had social assistance budget, since November 2021. It is budgeted for regular programs. We had this, before there was a BLT migor, according to the duties and functions of the Ministry of Social Affairs, did have a BPNT program and the Family Hope program. Like that," explained Mira.
He ensured that no special budget would be held suddenly for BLT Migor.
"So at that time we used the existing budget first to follow up on the president's directives," he exclaimed.
Regarding the BLT value given at Rp. 300 thousand in 3 months, or Rp. 100,000 per beneficiary, Mira explained, the BLT is not specifically intended only to buy oil and gas, but also other basic needs due to the impact of food inflation from the migrants.
Previously they had received the BPNT (non-cash food assistance) program, but felt lacking, so it was added. Regarding the program earlier, the term is BLT Migor," he said.
As is known, the Ministry of Finance itself decided to increase the number of recipients of BLT cooking oil to 20.65 million from the previous 20.5 million recipients. The recipients of 20.65 million came from the latest data on recipients of the Family Hope Program (PKH) and food assistance recorded at the Ministry of Social Affairs (Kemensos).
Apart from those registered at the Ministry of Social Affairs, BLT cooking oil was also given to street vendors (PKLW) totaling 2.5 million recipients. So that the total recipients of BLT cooking oil became 23.25 million people.
The budget prepared is IDR 6.2 trillion for those under the Ministry of Social Affairs and IDR 750 billion for PKLW recipients. Thus the total budget is 6.95 trillion. For the distribution of BLT cooking oil to PKLW, the government has assigned the TNI/Polri to do so to all regions in Indonesia.
Responding to this, Juniver Girsang, Master Parulian Tumanggor's Legal Advisor, Commissioner Wilmar Nabati, who was the defendant in this case, stated that Mira's testimony clearly confirmed that there was no state loss in the case involving her client. He emphasized that on the contrary, this testimony negates the indictment of the Public Prosecutor (JPU).
"This testimony clearly confirms that the state is present for its citizens who need assistance, for the poor, of course. What we are also looking at is that this testimony confirms that there is no state loss in our client's case. And, there is also no state money that goes to the coffers of our clients. Obviously this negates the prosecutor's indictment against our client," said Juniver Girsang, after the trial.
Juniver added, in the case his client actually lost money due to the export policy of crude palm oil (CPO) as well as fulfilling the DMO. The value of Wilmar Nabati's loss was claims to be around Rp. 1.5 trillion. This loss was obtained because the company was forced to sell the price of the oil and gas below the economic price, even below the production price.
"With the issuance of this DMO (Domestic Market Obligation) policy, we suffered a loss of approximately Rp1.5 trillion. So, it is even reversed, in our calculations we have conveyed it in an exception, the calculation is economic detail and then actual. Not a match," he added.
To note, in addition to state financial losses, in this case the prosecutor also argued that the state's economic losses amounted to Rp12.31 trillion which was also distributed to three groups of companies with different amounts. The value of this loss is the result of a study from the Faculty of Economics and Business at Gajah Mada University on July 15, 2022, which was calculated during the period from February 15 to March 30, 2022.
"The question is the validity of the results of this study. It is interesting to be tested in court, before being used as a reference to determine the state's economic losses," said Hotman Sitorus' legal practitioner some time ago.
He explained, in every corruption crime, at least there must be elements, Law Enforcement (PMH), State Financial Losses or State Economic Loss, and enriching oneself or others.
"Without any unlawful acts, Without any state financial losses and without enriching oneself or others, nothing is corrupt. All three elements must be clearly and clearly described and then proven before the court," explained Hotman.
But in several trials, continued Hotman, it can be said that the three elements fled. There is no causal relationship between one element and another. There is no relationship between the unlawful act committed by the defendant with state financial losses.
"So, there is no causal relationship between state financial losses and enriching the company," said Hotman.
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