JAKARTA - The expert who calculated state losses due to environmental damage from the tin corruption case, Bambang Hero Saharjo, was reported to the Bangka Belitung Police (Babel). Bambang Hero's status, who is not a state financial expert, is seen as incompetent enough to calculate losses.
Bambang should not be appointed by investigators if he wants to be presented as an expert witness. In Article 4 paragraph 2 of the Regulation of the Minister of Environment Number 7 of 2014, it is stated that experts should be appointed by echelon I officials whose duties and functions are responsible for the legal handling of the Central Environmental Agencies or echelon II officials of Regional Environment Agencies.
Moreover, the Professor of Criminal Law at Padjadjaran University (Unpad), Romli Atmasasmita in his testimony at one of the hearings related to this tin case assessed that the calculation of state losses should only be carried out by the Supreme Audit Agency (BPK), in accordance with the mandate of the 1945 Constitution (UUD). This contradicts Bambang Hero's claim that he has the competence to calculate losses.
In addition, this is not the first time Bambang Hero has been sued because of the results of his study. Long before the residents of Bangka Belitung staged demonstrations and lawsuits against Bambang Hero, many parties had doubts about the accuracy of the study of state losses of Rp. 300 trillion from this tin case.
The method of calculating the IPB Professor was considered unclear. Bambang Hero's calculations were immediately adopted by BPKP without checking or auditing the calculation of state losses. This was revealed in the trial of BPKP expert Suaedi who stated that he did not know at all the basis of the calculation of Rp271 trillion because this was a calculation of Bambang Hero and BPKP only adopting.
Not to mention the use of satellite imagery used by Bambang Hero as the basis for calculating state losses is considered less accurate because it uses an unpaid medium resolution.
The attorney for the defendant Muhamad Riza Pahlevi, Junaedi Saabih, said that from the start there was an allegation that the results of Bambang Hero's study were wrong.
"There are a number of allegations of mistakes that are procedurally and academically the fault of the Attorney General/JPU and Prof. Bambang Hero Saharjo in calculating state financial losses," he said, quoted on Sunday, January 12.
This view is based on the absence of involvement of the Supreme Audit Agency (BPK) in the process of calculating state losses and the Analysis Result Report which is always stated not to be disclosed in the trial and has never been attached as evidence, even though the Corruption Crime case as evidence of state financial losses is the main evidence.
In addition, Bambang Hero also failed to present details of state calculations in his own study when he was presented as a witness to the trial. So that neither BPKP nor Bambang Hero ever provide a comprehensive explanation regarding the calculation of environmental losses of 271 trillion.
In fact, Junaedi continued, the results of the court's decision at the previous trial also did not specify and explain the basis for considering the value of state losses of Rp. 300 trillion. Thus strengthening the suspicion that the results of the study of the country's calculations from the start could not be accounted for.
"The court's decision also did not provide an assessment that the loss of Rp. 300 trillion was an actual lost (real loss)," he explained again.
BACA JUGA:
Article 6 Paragraph (1) and (2) Permen LH 7 of 2014 state firmly that the calculation based on this candy can still change. This editorial shows that the calculated results based on LH 7 of 2014 candy contradict the principle of state financial losses that must be real and definite.
The editorial value of environmental damage calculations that can change in Article 6 is also stated as a calculation figure for environmental dispute negotiations and its relevance to the duties of the government or local governments that will carry out the task of restoring environmental conditions, as written in attachment II of the Minister of Environment and Forestry Regulation No. 7 of 2014.
The responsibility for his recovery was not concentrated on business entities but on the government or local governments.
The irregularity in Bambang Hero's study, according to Junaedi, sparked a commotion between academics and the people of Bangka Belitung who finally carried out demonstrations and lawsuits against Bambang Hero.
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