Experts Say Determination Of 5 Companies To Be Suspects Of Inaccurate Tin Cases

Illustration. (Photo: Unsplash)

JAKARTA - The corruption case related to tin trading entered a new chapter by dragging five companies, namely PT RBT, PT SIP, PT TIN, PT SB, and CV VIP. The five companies were named as suspects in this case with alleged state losses reaching Rp300 trillion during the 2015 to 2022 period.

However, Jamin Ginting's Legal Expert views that the Attorney General's actions in determining the charges against these companies are not appropriate. Even if it is still applied, the indictment should not only be limited to 5 companies, but also to drag PT Timah itself.

"The application of the indictment made by the AGO is not appropriate, unless there are indications of bribery and abuse of authority. Not all things that cause state losses can be directly categorized as corruption. Supposedly, PT Timah officials should also be processed if this is related to a criminal act of corruption," he said, in his statement to the media, quoted on Tuesday, January 7.

Jamin further emphasized that the legal regulation in this case should have led to environmental damage caused by tin mining activities, not directly categorized as corruption.

Jamin then explained that this case more precisely uses the rules in environmental law, which already regulates the company as a corporate suspect. Although several companies have been tried in relation to environmental damage, in this case the calculation of state losses mentioned, which reached Rp300 trillion, has even confused it.

The reason, he said, was that the loss was not a real form of state loss, but the potential for environmental damage due to tin mining activities that had not burdened the country directly. This is what he thinks needs to be straightened out, because this unclear calculation of state losses causes confusion.

"This is confusing, because this case is not merely a criminal act of corruption (tipikor), but is related to environmental damage. The legal provisions contained in the Anti-Corruption Law cannot properly regulate this problem. The state losses in question are more about the potential environmental damage caused by tin mining, which has not burdened the country directly," he explained.

Furthermore, Jamin stated that although the company can be named a suspect in this case, it must be based on a more definite and mature calculation. If it is proven that the company is damaging the environment, then it can be included in the category of corruption, considering that the damage caused can be very detrimental to the state.

However, Jamin emphasized that the potential state losses mentioned in this case cannot be considered as a real loss, considering that no funds have been spent to repair the environmental damage.

"What needs to be emphasized is that the potential state losses mentioned in this case are still very vague, because the losses are not yet real and no funds have been spent to repair the environmental damage," Jamin concluded.