The Verdict Of Five Former Waskita Karya Officials Who Cost The State IDR 202 Billion

The verdict reading trial was attended online by five defendants who were former high-ranking officials of PT Waskita Karya (Persero) Tbk, at the Corruption Crime Court (Tipikor) / Antara

JAKARTA - The panel of judges stated that the corruption committed by five former PT Waskita Karya (Persero) Tbk officials tarnished the good name of the state-owned construction company. This is a burdensome thing.

"The situation was burdensome, the defendants defamed the good name of the company where the defendant worked, namely PT Waskita Karya", said the Head of the Panel of Judges Panji Surono, at the Jakarta Corruption Court, as reported by Antara, Monday, April 26.

The five defendants are former Head of Civil Division/Division III/Division II PT Waskita Karya 2008-2011 Desi Arryani, former Head of the East Canal Construction Project - Paket 22 PT Waskita Karya Fathor Rachman, former Head of Control Section II Division II PT Waskita Karya Jarot Subana, former Head of the Bekasi Hilir River Normalization Project Fakih Usman, and former Head of the Finance Division of the Civil III Division of PT Waskita Karya Yuly Ariandi Siregar.

The five of them were proven to have caused losses to state finances of up to IDR 202.296 billion because they made 41 fictitious work contracts.

Defendant I, Desi Arryani was sentenced to 4 years plus a fine of IDR 200 million subsidiaries to imprisonment for 2 months. She was declared proven to have received a profit of IDR 3,415 billion but was not obliged to pay replacement money because she had returned all the money he had enjoyed.

Defendant II, Fathor Rachman was sentenced to 6 years plus a fine of IDR 200 million subsidiaries to imprisonment for 2 months. Fathor is obliged to pay a compensation amounting to IDR 3.67 billion which if not paid a maximum of 1 month after the court decision is legally binding, then his assets will be auctioned off and if it is insufficient, he will be sentenced to 1 year.

Defendant III, Jarot Subana was sentenced to 6 years plus a fine of IDR 200 million subsidiaries to imprisonment for 2 months. Jarot is obliged to pay replacement money of IDR 7,124 billion, which if not paid a maximum of 1 month after the court decision is legally binding, then his property will be auctioned off and if it is insufficient, he will be sentenced to 2 years.

Defendant IV, Fakih Usman was sentenced to 6 years plus a fine of IDR 200 million subsidiaries to imprisonment for 2 months. Fakih has returned IDR 2.9 billion from the total amount he received of IDR 8.878 billion so that he is obliged to pay a replacement fee of IDR 5.97 billion, which if not paid a maximum of 1 month after the court decision is legally binding, the property will be auctioned off and if insufficient, he will be sentenced to 2 years.

"The defendant Fakih Usman submitted himself as a 'justice collaborator', but the defendant did not admit his actions, so the panel of judges did not grant Faqih Usman's request to become a 'justice collaborator'", said the judge.

Defendant V, Yuly Ariandi Siregar was sentenced to 7 years in prison plus a fine of IDR 200 million, a subsidiary of 2 months of substitute imprisonment.

Yuly has returned IDR 220 million from the total she received of IDR 47.387 billion, so he is asked to pay replacement money of IDR 47.166 billion, which if not paid is a maximum of 1 month after the court decision is legally binding, her assets will be auctioned off and if this is insufficient, she will be punished for 2.5 years

Division II, of PT Waskita Karya, is tasked with carrying out construction work on large-scale construction projects, which is above IDR 100 million using high technology and its working area covers all of Indonesia with projects including the construction of airports, bridges, toll roads, normalization of rivers, dams, and ports.

The defendants agreed to collect "non-budgetary" funds by making contracts for fictitious subcontractor works attached to the main projects undertaken by PT Waskita Karya which later returned the payments for the works to the fictional subcontractor companies (cashback) to PT Waskita Karya.

The designated fictitious subcontractor companies are given a flag borrowing "fee" of 1.5-2.5 percent of the contract value.

To facilitate the administrative process, especially 'cash back' to the Civil Division, Defendant I Desi Arryani proposed that the Civil Division "borrow the flag" of a subcontractor company belonging to officials/employees of PT Waskita Karya.

"These actions should not have been committed by the defendants because there was a conflict of interest, but they were still carried out, the defendants continued their contract even though the contractor was affiliated with Waskita Karya employees", said the judge.

According to the judge, there was an abuse of authority over the positions of the defendants.

"Namely signing the signing of 41 contracts and fictitious subcontracts, signing contract orders, making work performance reports, making payment reports and receipts of payments to supporting subcontracting companies, all of which were fabricated and did not match the reality on the ground", said the judge.

The judge also assessed that Defendant III Jarot Suhana and Defendant IV Yuli Ariandi Siregar did not properly verify the contractor disbursement documents.

"Even though the defendant had learned from the head of the project that the document was fabricated or fictitious, the document was still verified as if it was true. Then the approval of Defendant I and Defendant II as Head of Division III, Head of Division II, and Civil Division was asked approval. payment and incurring losses to state finances", said the judge.

On the verdict, Jaro Subana appealed, while Desi Arryani, Fathor Rachman, Fakih Usman, Yuly Ariandi Siregar, and the KPK prosecutors expressed their thoughts for 7 days.