Cassation Against Samin Tan Denied By Supreme Court, KPK Waits For Copy Of Verdict

The former owner of PT Borneo Lumbung Energi and Metal Tbk (PT BORN), Samin Tan, after undergoing a KPK investigation in Jakarta, in June 2019. (Antara)

JAKARTA - The Corruption Eradication Commission (KPK) is waiting for a full copy of the Supreme Court's decision to reject the appeal against the former owner of PT Borneo Lumbung Energi and Metal Tbk (PT BORN), Samin Tan.

With the rejection of this appeal, Samin Tan's acquittal in the alleged corruption process in the transmission of the PT AKT coal mining concession contract of work (PKP2B) at the Ministry of Energy and Mineral Resources is getting stronger.

"We hope that the Supreme Court will immediately send a full copy of the decision so we can study whether there is a chance for further legal steps to be taken," said Acting KPK Spokesperson for Enforcement, Ali Fikri in a written statement, Monday, June 13.

Furthermore, Ali said that the submission of legal action in the form of an appeal is a form of the seriousness of the KPK. However, it still respects the decision handed down by the Supreme Court.

"KPK's steps to take legal action against cassation are a form of our seriousness in being able to prove the defendant's actions as evidence from the results of the investigation and prosecution," he said.

"Nevertheless, the KPK certainly respects the decision of the cassation panel of judges in the MA," Ali added.

Quoted from the official website of the Supreme Court, the efforts of the KPK Public Prosecutor (JPU) to ensnare the mining businessmen failed. This appeal was made after Samin Tan was acquitted by the Jakarta Corruption Court.

"The decision was rejected," was quoted from the site.

The appeal filed by the KPK prosecutor was registered with number 2205 K/PID.SUS/2022 and entered the Supreme Court on April 1.

As previously reported, Samin Tan was sentenced to 3 years in prison and a fine of Rp. 250 million, subsidiary to 6 months in prison before being released.

In their deliberations, the panel of judges consisting of Panji Surono, Teguh Santoso, and Sukartono stated that the act of giving gratification had not been regulated in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption.

After being acquitted, the Jakarta Corruption Court ordered Samin Tan to be immediately released from detention and his rights restored.

Samin Tan gave money to former Deputy Chairman of Commission VII DPR RI Eni Maulani Saragih so that he would help with the termination of the Generation 3 Coal Mining Concession Work Agreement (PKP2B) between PT AKT and the Ministry of Energy and Mineral Resources (ESDM) in Central Kalimantan. .