Nindya Karya And Tuah Sejati Sued By KPK Prosecutors To Pay A Fine Of Rp900 Million

President Director of PT Nindya Karya Haedar A. Karim was present to represent PT Nindya Karya as a defendant in the corruption case of the Sabang Unloading Pier construction project at the Corruption Court (Tipikor) Jakarta/ANTARA/Desca Lidya Natalia

JAKARTA - Limited Liability Company Nindya Karya and private company PT Tuah Sejati are each required to pay a fine of IDR 900 million related to the corruption charges of the Sabang Unloading Pier construction project in the 2006-2011 fiscal year which caused a loss of state finances of IDR 313.345 billion.

"Declaring that defendant I PT Nindya Karya (Persero) and Defendant II PT Tuah Sejati have been proven legally and convincingly guilty of committing a criminal act of corruption as stated in the primary indictment," said KPK public prosecutor Agus Prasetyo at the Corruption Court (Tipikor) Jakarta was reported by ANTARA, Thursday, August 4.

The Public Prosecutor continued, "Criminalize defendant I PT Nindya Karya (Persero) and defendant II PT Tuah Sejati in the form of a fine of Rp900 million each."

With the provisions, if the convict does not pay the fine no later than 1 month after the decision has permanent legal force and if there is a strong reason the period as referred to has been extended again for a maximum of 1 month but the convicts do not pay the fine, their assets can be confiscated and auctioned for pay the fine.

Sitting on the defendant's chair representing PT Nindya Karya was the President Director of PT Nindya Karya Haedar A. Karim. Meanwhile, attending the trial from Aceh via video conference connection was the President Director of PT Tuah Sejati Muhammad Taufik Reza.

The KPK prosecutor also demanded additional criminal penalties in the form of payment of replacement money to the state for the two corporations.

"Punished PT Nindya Karya (Persero) with an additional penalty in the form of paying compensation to the state in the amount of Rp.44,681,053,100.00. Stipulating that Rp.44,681,053,100.00 that had been confiscated from the defendant was calculated as payment of replacement money," added the prosecutor. .

Meanwhile, PT Tuah Sejati was also charged with additional punishment in the form of payment of compensation to the state in the amount of Rp.49,908,196,378.00.

"Stipulated that Rp9,062,489,079.00 and the assets of Defendant II PT Tuah Sejati which had been confiscated were calculated as a deduction from the replacement money," said the prosecutor.

The KPK prosecutor also requested a stipulation that PT Tuah Stjati continue to manage business assets in the form of public fuel filling stations (SPBU), fishermen's fuel filling stations (SPBN), and LPG bulk transport filling stations (SPPBE) and continue to deposit profits from business assets to a holding account. The Corruption Eradication Commission of the Republic of Indonesia until the decision has permanent legal force.

PT Nindya Karya and PT Tuah Sejati were found guilty of carrying out primary charges from Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) of the 1st Criminal Code jo. Article 65 paragraph (1) of the Criminal Code.

The aggravating things, according to prosecutor Agus, are that the actions of the defendants do not support the government's program to eradicate corruption.

The defendants committed corruption with an active will, aiming to gain extravagant profits. Physical projects can still be used but according to the results of the audit the quality is not in accordance with the specifications and cannot be utilized perfectly.

The mitigating thing, he continued, was that the defendants had never been convicted, Defendant I had returned all the proceeds of the crime and Defendant II had returned some of the proceeds of the crime.

PT Nindya Karya (Persero) is a state-owned construction company that runs businesses in the fields of construction services, engineering, procurement, and has a Regional I Office domiciled in Medan covering the provinces of Aceh, North Sumatra, West Sumatra, Riau, Riau Islands, South Sumatra, Jambi, Bengkulu, Bangka Belitung and Lampung.

Meanwhile, PT Tuah Sejati is a limited liability company domiciled in Banda Aceh and is engaged in, among others, general trading and businesses (contractors) of buildings, settlements, as well as roads and bridges.