JAKARTA - Two defendants in the alleged corruption case in the procurement of Liquefied Natural Gas (LNG) Corpus Christi Liquefaction LLC (CCL) at PT Pertamina (Persero) and other related institutions in 2011-2021, Hari Karyuliarto and Yenni Andayani, were charged with causing damage to state finances worth 113.84 million US dollars (USD) or equivalent to Rp. 1.77 trillion.
Public prosecutor from the Corruption Eradication Commission (KPK) Yoga Pratomo revealed that the two had committed legal acts so as to enrich the President Director (Dirut) of PT Pertamina (Persero) for the period 2009-2014 Galaila Karen Kardinah alias Karen Agustiawan worth Rp. 1.09 billion and 104,016 US dollars and enriched CCL by 113.84 million US dollars.
"This illegal act has enriched oneself, others, or companies, which is detrimental to the state's finances or the country's economy based on the Financial Investigation Agency (BPK) Investigative Report," said the prosecutor in the reading of the indictment at the Corruption Court at the Jakpus PN, Tuesday, December 23, reported by ANTARA.
The JPU explained the illegal acts committed by the two defendants, namely Hari, as the Director of Gas Pertamina for the period 2012-2014, allegedly did not prepare guidelines for the LNG procurement process from international sources and continued to process the LNG procurement from Cheniere Energy Inc.
Hari also approved the agreement document or term sheet CCL, which includes the price formula, without considering the price that would be willing to be paid by prospective domestic buyers and only asks for the approval of the board of directors in a circular before signing the agreement to sell CCLTrain 1 LNG without proposing to the board of directors to request a written response and approval of the General Meeting of Shareholders (RUPS).
It is also stated that Hari has agreed to sign a contract for the sale and purchase of CCLTrain 1 LNG without a binding LNG buyer.
JPU continued that Hari did not prepare and attach an economic study, risks, and mitigation, and did not attach a draft sales and purchase agreement (SPA) in the memorandum of request for approval to the board of directors regarding the decision on the signing of the sales and purchase agreement for CCLTrain 1 LNG.
Hari is also suspected of having discussions with Cheniere Energy Inc. regarding the plan to add CCL LNG since March 2014 based on potential demand, not on buyers who have signed agreements and agreed to the higher Train 2 price formula without risk studies or economic analysis to ensure the price of CCL Train 2 LNG is competitive compared to LNG prices from domestic sources or other sources using crude oil prices.
Hari has proposed to Karen to sign a power of attorney addressed to Hari to sign the LNG SPATrain 2 without the support of the board of directors' approval, the written response of the board of commissioners and the approval of the GMS, and without the existence of a CCL LNG buyer who has been bound by an agreement.
"Defendant Hari has also signed the LNG SPATrain 2 without the support of the board of directors' approval, the written response of the board of commissioners and the approval of the GMS, and without the existence of a buyer of the CCL LNG who has been bound by an agreement," said the JPU added.
Meanwhile, the JPU suspects that Yenni, as Vice President of Strategic Planning Bussiness Development, Directorate of Gas Pertamina for the period 2012-2013, proposed Hari for the signing of the Circular Board of Directors Meeting (RRD) regarding the decision on the signing of the LNG Train 1 and Train 2 sales and purchase agreement from CCL without being supported by economic studies, risk studies, and mitigation in the procurement process of CCL LNG, and without the buyer of CCL LNG who has been bound by an agreement.
As stated by the prosecutor, Yenni also signed the SPATrain 1 LNG Purchase between Pertamina and CCL on December 4, 2013 based on a power of attorney from Karen, even though not all directors of PERTAMINA had signed the RRD and without the written response of the Pertamina Board of Commissioners and the approval of the GMS and without the existence of the LNG buyer CCL which had been bound by an agreement.
Thus, the JPU said that the actions of the two defendants were regulated and threatened with criminal punishment in Article 2 paragraph (1) or Article 3 of Law (UU) Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) jo. Article 64 paragraph (1) of the Criminal Code.
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