JAKARTA - Director General (Dirjen) of Mineral and Coal (Minerba) of the Ministry of Energy and Mineral Resources (ESDM) for the 2015-2022 period Bambang Gatot Ariyono was sentenced to 8 years in prison in connection with a corruption case in the management of tin commodity trading in the mining business permit (IUP) area of PT Timah Tbk. in 2015 2022.

The public prosecutor (JPU) of the Attorney General's Office (AGO) Teuku Rahmatsyah has demanded that Bambang be declared legally and convincingly guilty of committing a criminal act of corruption together.

"This is as regulated and subject to criminal penalties in Article 2 paragraph (1) in conjunction with Article 18 of the Corruption Act Article 55 paragraph (1) of the 1st Criminal Code, as in the primary indictment of the public prosecutor," said the Public Prosecutor in a hearing reading the charges at the Jakarta Corruption Court, Monday, April 21.

In addition to imprisonment, the Public Prosecutor also demanded that Bambang be subject to a fine and additional. The fine demanded was imposed on Bambang, which is Rp. 750 million, provided that if the fine is not paid, it is replaced (subsider) with imprisonment for 6 months.

Meanwhile, the additional sentence demanded to be imposed on Bambang, namely in the form of payment of compensation of Rp. 60 million with the condition that if it is not paid no later than 1 month after the decision has permanent legal force (inkrah), the defendant's property can be confiscated by the prosecutor and auctioned off to cover the replacement money.

In the event that Bambang does not have sufficient assets to pay replacement money, continued the prosecutor, he will be replaced with imprisonment for 2 years.

Before filing the charges, the Public Prosecutor considered several aggravating and mitigating things. The aggravating thing is that Bambang's actions do not support government programs in the context of organizing a clean and free country from corruption, collusion, and nepotism.

In addition, Bambang's actions also resulted in enormous state financial losses, including state financial losses in the form of environmental damage that was very massive and Bambang was considered not to feel guilty and did not regret his actions.

"Meanwhile, the mitigating factors considered are that the defendant Bambang has never been convicted," said the public prosecutor.

In the same trial, there was also the Director of Production Operations of PT Timah Tbk. 2017 2020 Alwin Albar and former Plt. Head of the Department of Energy and Mineral Resources (ESDM) Bangka Belitung Supianto who was charged with 14 years and 7 years in prison, respectively.

Both are also required to be subject to a fine of Rp. 1 billion, subsidiary to imprisonment for 1 year and Rp. 750 million, subsidiary to 6 months imprisonment.

In the case of alleged tin corruption, Bambang was charged with being involved and receiving money so that the state suffered a loss of Rp. 300 trillion.

Bambang, among other things, is suspected of unlawfully agreeing to the 2019 Revised Budget and Cost Work Plan (RKAB) of PT Timah, even though he knows there are still shortcomings that have not been completed.

Bambang was also charged with unlawfully accepting a sum of money and facilities to approve the Revision of RKAB2019 PT Timah in the form of Rp60 million in cash and sponsors of annual golf activities carried out by IKA Minerba Golf, Mineral Golf Club, and Coal Golf Club facilitated by PT Timah.

The sponsor that Bambang received in the form of prizes or door prizes for IPhone 6 for IDR 12 million and 3 hours for Garmin brands for IDR 21 million.

Meanwhile, Alwin is, among other things, suspected of not carrying out his duties and responsibilities as Director of PT Timah in carrying out the management of PT Timah for the benefit of the Company in accordance with the wishes and objectives of the Company as stipulated in the laws and regulations regarding illegal mining activities in the PT Timah IUP area.

In addition, Supianto was accused of unlawfully agreeing to RKAB2020 whose contents were incorrect to two private smelters, namely PT Refined Bangka Tin and its affiliated company and PT Menara Cipta Mulia (affiliate CV Venus Inti Perkasa).

For their actions, the three were suspected of violating Article 2 paragraph (1) or Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 in conjunction with 55 paragraph (1) of the 1st Criminal Code.


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