ASDP Law Rehabilitation Highlighted, IAW: Status Of Convicted Lost, State Loss Hanging

Former ASDP President Director Ira Puspadewi At The KPK Detention Center (Wardhany Tsa Tsia/VOI)

JAKARTA Indonesian Audit Watch (IAW) highlighted the issuance of a Presidential Decree (Keppres) that removed the convict's status in the corruption case of PT ASDP Indonesia Ferry, just five days after the decision of the Corruption Court was handed down. IAW assessed that this step created a new precedent that could potentially change the accountability ecosystem for state losses.

IAW's Founder Secretary, Iskandar Sitorus, said that his party had never seen the legal rehabilitation that took place so quickly during 15 years monitoring SOE cases. According to him, the main problem is not in the authority of the President, but the loss of parties who can be held accountable for state losses of Rp. 1.53 trillion.

"What is missing is not only the status of the convict, but the person in charge of state losses amounting to Rp1,253 trillion. That's the most serious thing," said Iskandar, Sunday, November 30.

Iskandar explained, after ASDP had rejected allegations of irregularities, the case rolled back in 2017 '20118 after the change of management. He revealed that there was an informal meeting between the directors and external parties at the Shangri-La Hotel, the PT JN office, and the private house of a figure named Adjie' which IAW called a shadow director because it was not an official official official, but was considered to control the direction of the transaction.

According to Iskandar, a pattern of decision-making that does not go through a formal mechanism is again seen in the acquisition price determination on October 20, 2021. All ASDP directors are said to be present at Adjie's private home to determine the acquisition value of IDR 1.272 trillion without official meetings, without minutes, and without the approval of the commissioner.

"This is a violation of Article 3 of the Anti-Corruption Law related to abuse of authority," said Iskandar.

IAW also recorded ASDP's flow of funds in 2022 of IDR 1.223 trillion to three entities associated with Adjie Andi Mashuri: PT Mahkota Pratama IDR 540 billion, PT Indonesia VIP IDR 60 billion, and IDR 380 billion to other affiliates. BPKP audit determined state losses of IDR 1,253 trillion, which later became the basis for the Tipikor decision.

However, after the decision was handed down, the aspirations of a number of parties were channeled to the State Secretariat and asked for considerations to the Supreme Court. As a result, the President issued a Presidential Decree on rehabilitation within five days.

"Process is administrative, not part of the anti-corruption process," said Iskandar.

IAW assessed that the Presidential Decree caused a vacancy in legal subjects who were responsible for state losses. Without the convict's status, the mechanism for replacing losses through the Prosecutor's Office automatically falls because the Corruption Act requires the convict to be a chargeable party.

"Finally, a loss of Rp1.253 trillion hangs on the clouds. If ASDP is unable to cover it, in the end the state budget will bear the people's money because the state is the last risk person," he said.

Iskandar warned that if this precedent is allowed to appear, a new pattern could emerge in the BUMN scandal: committing corruption, raising political aspirations, obtaining rehabilitation, and securing state money.

According to him, the ASDP case is now a public benchmark in seeing the seriousness of eradicating corruption in BUMN. He emphasized that rehabilitation is not a problem, as long as the return of state losses remains a priority.

"It is dangerous if corruption uses aspirational channels to ask for rehabilitation. Rehabilitation is permissible, but state losses must return first," said Iskandar.

IAW said the public would view this step as an important note for President Prabowo Subianto's administration that rehabilitation is the right of citizens, but should not be a shortcut to remove the obligation to return state losses.