JAKARTA - The Corruption Eradication Commission (KPK) revealed that there was an evil intention or mens rea in the corruption case in the application for PT Petro Energy financing facilities by the Indonesian Export Financing Agency (LPEI). This finding was obtained during the investigation process and corroborated by the findings of evidence.
"KPK has found a mens rea or malicious intent in submitting LPEI financing facilities to PT PE," said KPK spokesman Budi Prasetyo to reporters in a written statement, Monday, December 1.
One of these findings, Budi said, was that there was a 1 percent share of the loan ceiling for LPEI. This provision was later called kickback by the KPK.
"Based on the evidence, the KPK found an agreement to give a kickback of 1 percent of the loan ceiling to the parties in LPEI," he said.
One of the parties suspected of receiving the allotment was Arief Setiawan as Managing Director of 4 LPEI.
"After disbursing the Export Working Capital Credit (KMKE) I, AS as the Managing Director at LPEI is suspected of receiving from PT PE amounting to 200,000 US dollars," said Budi.
"Then after the disbursement of KMKE II, the US again received 400,000 Singapore dollars which were given in two stages, each of which amounted to 200,000 Singapore dollars and an additional 100.000 SGD," he continued.
Then, Dwi Wahyudi also received similar receipts when he held the same position. "Also received 100,000 Singapore dollars," explained Budi.
"Investigators get this fact from the clarification process, document tracing, audits, to statements from the parties," he said.
Previously, the KPK had named five people as suspects in the alleged corruption case related to the provision of credit facilities by the Indonesian Export Financing Agency (LPEI).
They are Dwi Wahyudi as Managing Director I of LPEI; Arif Setiawan as Managing Director of 4 LPEI; Jimmy Masrin as President Director of PT Caturkarsa Megatunggal and President Commissioner of PT Petro Energy; Newin Nugroho as President Director of PT Petro Energy and Susy Mira Dewi Sugiarta as Finance Director of PT Petro Energy.
In this case, the KPK suspects that there was a conflict of interest (CoI) between the Director of LPEI and the Debtor (PT Petro Energy) by making an initial agreement to facilitate the process of lending. The Director of LPEI is suspected of not controlling the correctness of credit use according to MAP.
The Director of LPEI also ordered his subordinates to continue to provide credit even though it was not appropriate to be given. Meanwhile, PT Petro Energy is suspected of having falsified purchase order and invoice documents that are underlaying the disbursement of facilities that do not match the actual conditions.
Then, PT Petro Energy is also suspected of window dressing the Financial Statements (LK). This company is then said to have used credit facilities that were not in accordance with the purpose and designation as stated in the credit agreement with LPEI.
Currently, three high-ranking officials of PT Petro Energy have been charged with 6 to 11 years in prison by the Public Prosecutor's team (JPU). In detail, Newin Nugroho was sentenced to 6 years in prison and a fine of Rp250 million, subsidiary to 4 months in prison.
Meanwhile, Susy Mira Dewi Sugiarta was sentenced to 8 years and 4 months in prison and a fine of Rp. 250 million, subsidiary to 4 months in prison. Meanwhile, Jimmy Marsin was sentenced to 11 years in prison and a fine of Rp. 400 million, subsidiary to 6 months in prison.
Against Jimmy, the prosecutor also demanded the panel of judges to impose a replacement sentence of USD 32,691,551.88, a subsidiary of five years in prison.
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