Judge Mulyono Says State Loss Of Rp22 Trillion In The Asabri Corruption Case Is Still Potential

ILLUSTRATION ANTARA

JAKARTA - Member judge Mulyono Dwi Purwanto said the state loss of Rp22.788 trillion based on the report from the Supreme Audit Agency (BPK) in the corruption case in the management of PT Asabri (Persero) funds was still potential, not real.

"The calculation of state financial losses by the BPK does not have a clear basis and does not fulfill real and definite state losses, so Rp22 trillion is baseless and has not been proven legally and convincingly," said member judge Mulyono Dwi Purwanto at the Corruption Court (Tipikor), as reported by Antara, Tuesday, January 4th.

Mulyono could not believe the truth of the BPK audit results related to the calculation of state losses due to the inconsistency and inaccuracy of the calculation of state losses.

Mulyono assessed that the BPK audit which resulted in the calculation of state losses of Rp22.788 trillion came from the amount of balance purchased or invested in securities after deducting the sale (redemption) of the balance as of December 31, 2019, before the audit report was completed March 31, 2021.

It is also said that the method used is a total loss, which is the receipt of funds before the audit is completed or the date set, not when the funds are issued or the purchase of securities which are said to deviate from the applicable rules, namely when the funds are released at that time.

"However, after calculating the receipt of funds, even after the audit period was calculated in 2012-2019 before the audit report was published," said Judge Mulyono.

Moreover, according to judge Mulyono, the mutual funds, letters, and shares purchased by the defendants still exist and belong to PT Asabri.

"And it has a value/price but is not taken into account by the auditors/experts who were presented at the trial so that it is inconsistent with the receipt of liquidation of shares after December 31, 2019, even until the audit on March 31, 2021, even though sales are not taken into account after the end of the examination period," said Judge Mulyono.

That is, with the expert calculation method, the shares/securities still have value/price if the shares are sold even though the purchase of the shares deviates from the rules.

However, he continued, the mutual funds, stocks, and securities accounts still generate cash for PTS Asabri, although the amount is uncertain because prices fluctuate, so it is fairer to take into account state losses.

"The auditors do not take that into account but only securities or securities that are not re-sold before December 31, 2019, but take into account receipts after December 31, 2019. This causes the calculation of state losses to be inaccurate, not real, or uncertain in value because they are not calculated in real terms from purchases that deviate but ratify the receipt of funds from the sale/redemption of the securities until a certain time," explained Judge Mulyono.

Moreover, the mutual funds, shares, and securities accounts are still under PT Asabri, not in a dispute over ownership, not suspended/blocked by the authorities.

"And it is still listed on the stock exchange and if it is a profitable but problematic stock or securities facility, it is not confiscated as evidence to be examined and shown in the trial. The expert/auditor does not take into account money going in and out so that the calculation of state financial losses is not regulated in the examination. state finances which is a real and definite concept," said judge Mulyono.

Meanwhile, four other judges, namely Ignatius Eko Purwanto, Saifuddin Zuhri, Rosmina, and Ali Muhtarom, agreed with the results of the calculation of state losses from the BPK.

In this case, four Asabri corruption defendants have been sentenced, namely, the first Director of PT Asabri 2012-March 2016 Major General Retired. Adam Rachmat Damiri was sentenced to 20 years in prison plus a fine of Rp800 million, subsidiary of 6 months in prison plus the obligation to pay compensation of Rp17.972 billion, subsidiary of 5 years in prison.

The second, President Directors (Director) of PT Asabri March 2016—July 2020 Lt. Gen. Retired. Sonny Widjaja was sentenced to 20 years in prison plus a fine of Rp750 million subsidiary 6 months in prison plus the obligation to pay compensation of Rp64.5 billion subsidiary 5 years in prison.

Third, Director of Investment and Finance of PT Asabri 2012—June 2014 Bachtiar Effendi was sentenced to 15 years in prison plus a fine of Rp750 million subsidiary 6 months in prison plus the obligation to pay compensation of Rp453.783 million subsidiary 4 years in prison.

Fourth, Director of Investment and Finance of PT Asabri July 2014—August 2019 Hari Setianto was sentenced to 15 years in prison plus a fine of Rp750 million subsidiary 6 months in prison plus the obligation to pay compensation of Rp378.873 million subsidiary 4 years in prison.

There are still four defendants who have not served their sentences, namely Director of PT Jakarta Emiten Investor Relations Jimmy Sutopo, President Director of PT Eureka Prima Jakarta Tbk (LCGP) Lukman Purnomosidi, President Commissioner of PT Trada Alam Minera Heru Hidayat and President Director of PT Hanson International Tbk. Benny Tjokrosaputro.