JAKARTA - The chairman of the panel of judges said that the KPK was not careful when calculating state losses in the alleged corruption case in the procurement and maintenance of 3 units of Quayside Container Crane (QCC) with the defendant former President Director of PT Pelabuhan Indonesia II RJ Lino.
"The accounting forensic unit of the KPK Corruption Detection and Analysis Directorate is not careful in calculating the calculation of state losses," said the head of the panel of judges Rosmina when reading the verdict at the Jakarta Corruption Court (Tipikor), quoted by Antara, Tuesday, December 14.
In this case, RJ Lino was sentenced to 4 years in prison plus a fine of IDR 500 million subsidiary 6 months in prison for being proven to have committed corruption in the procurement and maintenance of 3 QCC units in 2010 at Panjang Port (Lampung), Pontianak (West Kalimantan), and Palembang Port (South Sumatra). ).
However, Rosmina as the chairman of the panel of judges submitted a dissenting opinion and stated that RJ Lino had no malicious intent so that he could not be sentenced.
RJ Lino was still found guilty because two judges, namely the first member judge Teguh Santoso and the second member judge as the ad hoc corruption judge Agus Salim believed that RJ Lino had committed corruption.
Rosmina conveyed a number of considerations as the reason for the dissenting opinion.
First, related to the payment for the procurement and maintenance of 3 QCC twin lift units of 61 tons, which the KPK public prosecutor said resulted in a state financial loss of 1,997,740,23 US dollars or the equivalent of around Rp. 17 billion.
The calculation of state losses in this case was carried out by two institutions, namely the RI BPK and the Accounting Forensic Unit of the KPK Corruption Detection and Analysis Directorate.
Based on the results of the calculation of real payments made by PT Pelindo II to HDHM China, Rosmina said, it was US$15,165,150 in the KPK and BPK Inspection Reports (LHP).
This happened because PT HDHM was subject to a fine for late delivery of goods. However, the Accounting Forensic Unit of the KPK Corruption Detection and Analysis Directorate stated that the net amount received by HDHM from Pelindo II for the procurement of 3 QCC procurement units was 15,554,000 US dollars.
Rosmina assessed that the Accounting Forensic Unit of the KPK's Corruption Detection and Analysis Directorate was not careful in calculating the amount of state losses.
BPK, according to Rosmina, calculates state losses by calculating the difference in the value of payments for construction and delivery and maintenance of 3 QCC units with the actual value of HDHM expenditures.
The Accounting Forensic Unit of the KPK Corruption Detection and Analysis Directorate chose to (A) calculate the net amount received by HDHM from Pelindo II payments, (B) calculate the number of 3 QCC procurements, namely the value of HPP in manufacturing in China plus a reasonable profit margin and other costs , including shipping costs and other costs until they are ready to be used by Pelindo II so that the total state losses are points (A) minus points (B).
According to judge Rosmina, between the methods of calculating state losses between the BPK and the Accounting Forensic Unit of the KPK Corruption Detection and Analysis Directorate, there is a difference, namely that the BPK no longer takes into account the profits of the goods provider, while the Accounting Forensic Unit of the KPK Corruption Detection and Analysis Directorate takes into account profits even though it is state losses. is said to arise as a result of deviations.
Rosmina said that the purpose of procurement of goods is the benefit of both the provider and the user. If procurement diverges, profits cannot be received.
"However, in the calculations of the Forensic Accounting Unit of the Directorate of Corruption Detection and Analysis of the Corruption Eradication Commission, there are acts that deviate from the applicable regulations, but still the goods providers are given the right to benefit," said judge Rosmina.
The calculation of profits carried out by the Accounting Forensic Unit of the Directorate of Corruption Detection and Analysis of the KPK, according to Rosmina, has violated the principle of calculating state losses, namely profits can only be given if there is a violation.
Therefore, according to him, the Accounting Forensic Unit of the Directorate of Corruption Detection and Analysis of the Corruption Eradication Commission was carried out inaccurately and violated the principle of calculating state losses, so that profit considerations could be ruled out.
Second, Rosmina said the use of the QCC twin lift brings benefits for both port service users and the company, in this case Pelindo II.
Although there were irregularities in the procurement of 3 QCC twin lifts, according to him, the substance of the deviation's objective was to obtain or pursue the profits of PT Pelindo II, in accordance with the company's aims and objectives.
"In the defendant there was no malicious intent to commit corruption. So, the presiding judge of the panel did not agree with the public prosecutor, member judge I and judge member II ad hoc. evil intentions and legal reasons to acquit the accused," said Rosmina.
Regarding the verdict, RJ Lino and the KPK prosecutors stated that they had thought about it for 7 days.
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