KPK Prosecutor Asks Judges To Reject Karen Agustiawan's Exception

Karen Agustiawan is running after undergoing a follow-up trial at the Corruption Court, Jakarta, Monday (26/2/2024). BETWEEN PHOTOS/Muhammad Adimaja

JAKARTA - The Public Prosecutor (JPU) of the Corruption Eradication Commission (KPK) asked the judge to reject the exception or objection note of the defendant in the alleged corruption case in the procurement of liquefied natural gas (LNG) at Pertamina in 2011-2014, Galaila Karen Kardinah alias Karen Agustiawan.

"We ask the Panel of Judges who examine, try, and decide this case to reject the objections or exceptions submitted by the defendant and the defendant's legal counsel," said KPK prosecutor Amir Nurdianto when reading the public prosecutor's response to the defendant's exception at the Corruption Court., Monday, February 26.

Amir assessed that the objections of legal and Karen advisers must be rejected and ruled out because the objections have been included in the subject of proving the case, especially regarding the reasons for material objections to the indictment.

In addition to asking the judge to reject Karen's exception, the KPK prosecutor also asked the judge to declare that the indictment Number 31/TUT.01.04/24/02/2024 dated February 2, 2024, had met the formal requirements and material requirements, as stipulated in Article 143 paragraph (2) letters a and b of the Criminal Procedure Code.

The KPK prosecutor also asked the judge to declare the indictment valid to be used as the basis for examining and adjudicating the defendant's corruption case, as well as determining that the examination of the case would continue.

He said, there were three objections from Karen and her legal team regarding the material of the public prosecutor's indictment. First, the indictment is not careful, unclear, and incomplete in outlining the legal subjects of perpetrators of criminal acts of corruption who commit acts so that the indictment is assessed by the perpetrator in persona.

The second objection, namely the indictment, is not careful, unclear, and incomplete in describing the criminal acts of corruption charged. Third, the indictment is not careful, unclear, and incomplete regarding the element of "generating state financial losses".

In addition, Amir continued, there was also an objection about the public prosecutor which was considered only to be based on the Minutes of Investigation (BAP) of witnesses and experts in the case file to prepare the indictment, BAP witnesses and experts in the case file were prepared dishonestly and side by side, and only one expert was presented from 15 witnesses and experts were requested by the defendant.

Regarding the various objections of Karen's Legal Advisor, he emphasized that objections had been included in the subject matter because he had assessed the evidence by stating that there was not enough evidence.

"Thus, the argument of the legal advisor who has assessed the adequacy of the evidence is premature objections," he said.

Furthermore, regarding the objection to the determination of the defendant as a suspect and the detention in the investigation not by investigators, but by an official, namely the Chairperson of the 2019-2023 KPK Firli Bahuri, Amir said that ex-officio, Firli Bahuri as the Chair of the KPK is also an investigator.

For this reason, in carrying out investigative duties, he said, Firli was authorized to sign a detention warrant, in accordance with the provisions of Law Number 30 of 2022 concerning the Corruption Eradication Commission.

President Director of PT Pertamina (Persero) for the 2009-2014 period Karen Agustiawan was charged with causing state losses of 113.84 million US dollars or equivalent to Rp1.77 trillion due to alleged corruption in the procurement of LNG in Pertamina in 2011 2014.

The indictment is based on the Investigative Audit Report of the Supreme Audit Agency (BPK) of the Republic of Indonesia in the context of calculating state losses for the procurement of LNG US company, Corporate Christi Liquefaction LLC (CCL) in Pertamina and other relevant agencies Number: 74/LHP/XXI/12/2023 dated December 29, 2023.

In addition, Karen was charged with granting approval for gas business development at several potential LNG refineries in the US without any clear procurement guidelines and only granting principle permits without the support of basic justification, technical and economic analysis, as well as risk analysis.

Karen is also said to have not asked for a written response to the Pertamina Board of Commissioners and approval of the General Meeting of Shareholders (GMS) before the signing of the LNG CCL Train 1 and Train 2 purchase agreement, as well as granting power to Yenni Andayani as Secretary Vice President (SVP)Gas and Power Pertamina 2013 2014 and Hari Karyuliarto as Director of Gas Pertamina 2012 2014.

By Agatha Olivia Victoria