JAKARTA - Director of Finance and Investment of PT Asuransi Jasa Indonesia Persero (Jasindo) 2008-2016 Sholihah was sentenced to 4 years in prison plus a fine of IDR 200 million, subsidiary of 1 month in prison.
Sholihah was proven to have engineered the activities of a fictitious agent in asset and construction insurance at BP Migas-KKKS (Cooperation Contract Contractors) in 2012 - 2014 so that it cost the state Rp7.584 billion.
"The trial, declared that the defendant Sholihah was proven legally and convincingly guilty of committing a criminal act of corruption together as the first alternative indictment. Sentencing the defendant to a prison sentence of four years in prison plus a fine of Rp. 200 million which if the fine is not paid it will be replaced with imprisonment for one month," said the chairman of the panel of judges Fazhal Hendri at the Jakarta Corruption Court (Tipikor) as reported by Antara, Tuesday, January 18.
The verdict is lighter than the demands of the KPK Public Prosecutor (JPU) who requested that Solihah be sentenced to 4 years in prison plus a fine of Rp. 200 million, subsidiary to 3 months in prison.
The verdict is based on the first indictment of Article 2 paragraph (1) in conjunction with Article 18 of Law (UU) No. 31 of 1999 as amended by Law 20 of 2001 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code in conjunction with Article 64 paragraph 1 of the Criminal Code.
The panel of judges consisting of Fazhal Hendri, Sukartono and Riyanto Adam Ponto also required Sholihah to pay replacement money.
Stipulates that the defendant pay compensation to the state in the amount of 50 thousand US dollars or Rp.483.700.000 not later than one month after the court's decision has permanent legal force which if it is not paid within one month after the court's decision has permanent legal force, the assets will be confiscated by the prosecutor and auctioned off to cover the replacement money. If the convict does not have sufficient property to pay the replacement money, he is sentenced to 3 months in prison," added judge Fazhal.
The amount of the substitute criminal liability is far below the demands of the KPK prosecutor who requested that Solihah be charged with the obligation to pay a replacement money of Rp.1,918,749,382.90 which if not paid, will be sentenced to 6 months in prison.
There are a number of aggravating and mitigating things in the act of Sholihah.
"The defendant did not help the government's program to eradicate corruption, the defendant did not admit that he received money, the defendant did not return the money he enjoyed. The mitigating factor was that the defendant was polite, cooperative and was the breadwinner of the family who is a single parent of two daughters," said judge.
In this case, Solihah as Director of Finance and Investment of PT Asuransi Jasa Indonesia (PT Asuransi Jasindo) for the period of 2008-2016 together with Budi Tjahjono as Director of Marketing for PT Asuransi Jasindo for the period of 2008-2011 and the President Director of the period 2011-2016 engineered agent activities. and paid commissions for the activities of fictitious insurance agents on behalf of Supomo Hidjazie in closing asset and construction insurance at BP Migas-KKKS (Cooperation Contract Contractors) in 2012 - 2014.
Their actions harmed the state finances cq PT Asuransi Jasindo amounting to 766,955.97 US dollars or the equivalent of Rp7.584 billion.
This act also enriched Budi Tjahjono with 462,795.31 US dollars and Supomo Hidjazie for 136.96 US dollars.
This case began with a meeting of the Head of the Executive Agency for Upstream Oil and Gas Business Activities (BP Migas) Raden Priyono and the President Director of PT Asuransi Jasindo in 2011 so that Jasindo became the leader of the oil and gas insurance consortium at BP Migas. At Budi Tjahjono's request, Raden Priyono agreed.
Furthermore, Budi Tjahjono held a board of directors meeting to agree on the granting of a "fee" to BP Migas and other costs needed to manage PT Asuransi Jasindo as chairman of the consortium with a mechanism for disbursing money through payment of commission money to Asuransi Jasindo agents. It was agreed that Supono Hidjazie was appointed to replace Ki Agus Emil Fahmy Cornain/KM IMan Tauhid Khad as a fictitious agent for the previous period.
Sholihah was assigned to collect the agent commission money that had been paid by PT Asuransi Jasindo to the insurance agent (Supomo Hidjazie) to be further used to provide fees to BP Migas and other operational needs according to Budi Tjahjono's orders.
Supomo Hidjazie was appointed as insurance agent for oil and gas project losses on 18 July 2008. Meanwhile, on 21 February 2012 BP MIGAS appointed PT Asuransi Jasindo as the consortium leader.
Payments were made in stages, namely on April 2, 2012 transferred USD 126.811.26, on August 9 2012 USD 422.828.99 was transferred, on March 20 2013 USD 111,632.91 was transferred.
After the commission money came in, Sholihah then contacted Supomo to return the agent's money to Sholihal so that the total was US$661,136.20 while the remaining US$136.96 was still in Supomo's account.
According to the panel of judges, 70 percent of the amount returned to Sholihah, namely 462,795.34 US dollars was handed over to Budi Tjahjono and Budi Tjahjono gave Sholihah 50 thousand US dollars or Rp.483.7 million.
Regarding the decision, Sholihah and the KPK prosecutor stated that they had thought about it for 7 days.
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