Asking The Judge To Reject The Indictment, RJ Lino Calls The Case A Civil Not A Criminal

RJ Lino/Antara . Exception Session

JAKARTA - Former President Director of PT Pelabuhan Indonesia II (Persero) Richard Joost Lino alias RJ Lino asked the judges of the Jakarta Corruption Court (Tipikor) to reject the indictment because they considered the case to be in the civil realm.

"The act that I have been accused of as the President Director of Pelindo II is not a criminal offense, but a civil one. Therefore, the panel asks that it is not authorized to examine this indictment," said RJ Lino while reading an objection note (exception) at the Jakarta Corruption Court, reported by Antara, Monday, August 16th.

In this case, RJ Lino was charged with causing state financial loss in the amount of US$1,997,740,23 for intervening in the procurement of 3 QCC units. The details are losses from the procurement of 3 QCC units amounting to 1,974,911.29 US dollars and losses from maintenance services for 3 QCC units amounting to 22,828.94 US dollars.

"Or, the actions that I was accused of were unclear or vague, or asked the panel of judges to decide as fairly as possible, I hope the panel will accept my request for expression," said RJ Lino.

He believes his actions to make appointments in the procurement of 3 units of Quayside Container Crane (QCC) in 2010 at the Panjang Port (Lampung), Pontianak (West Kalimantan), and the Port of Palembang (South Sumatra).

"QCC is a business critical asset, so it can be appointed directly. The QCC study has failed twice and because the congestion in the procurement of QCC is urgent and cannot be postponed, it can be directly appointed," added RJ Lino.

He mentioned that there are a number of regulations that allow direct appointments, namely Regulation of the Minister of Transportation of SOEs Number 05/MBU/2008 dated September 3, 2008 Article 9 Paragraph (1) and Paragraph (3) letters a, d, or b. In this rule the designation of 3 QCC is allowed.

Likewise, referring to the Decree of the Board of Directors of Pelindo II HK/56/5/10/PS.II/09 dated September 9, 2009 Article 9 Letter c Paragraph (1) also allows the direct appointment of QCC.

"I, as the president director, was confirmed by the head of the procurement bureau, that I no longer see a way out to complete the procurement task because 9 auctions have failed, while there is a lot of pressure due to congestion in 3 ports," said RJ Lino.

On January 18, 2010 when receiving a copy of the procurement head, RJ Lino admitted that he also provided a solution through the disposition of a memo on the official memorandum of the technical operations director and the procurement bureau, which contained direct invitations for the next process, including for Heavy Machinery Science and Technology Group Co. Ltd. (HDHM) China, ZPMC China, and Doosan from Korea. In addition, the technical director of operations and the procurement bureau were also given space to add other potential participants.

"The word 'among them' was never mentioned in the KPK indictment and this was invited for direct elections, not for direct appointments as in the KPK indictment," said RJ Lino.

The three companies that were invited to carry out procurement by direct appointment are called RJ Lino because all three are suppliers who have shown good results at the JST Terminal on Jalan Koja Tanjung Priok and the container terminal at the Port of China.

"It is necessary for those who start to know that the procurement of QCC is the only process that I have experienced as the president director who was involved in finding a solution after 9 failed attempts. Determining the winner, procurement, and the amount of the contract are entirely the responsibility of the director concerned, while I as the president director were not involved at all. ," he said.

According to him, the management of PT Pelindo II during the procurement was trying hard to keep procurement costs far lower than the available budget.

"I repeat that the available budget was made by the previous directors, not my directors," added RJ Lino.

He also asked the judge to reject the KPK prosecutor's indictment because the case is a civil matter.

In the indictment, it was stated that PT Pelindo II had made payments to HDHM China as a procurement company for 3 QCC in the amount of 1,142,842.61 US dollars even though the maintenance cost for 3 QCC was only 939,107.08 US dollars, as HDHM paid to PT JPP as a sub contractor for maintenance work. twin lift" QCC.

As a result of RJ Lino's actions, the QCC twin lift product was not obtained at a fair price of 13,579,088.71 US dollars which came from the cost of production of 10,000,262.85 US dollars, a reasonable profit margin of 2,553,418.86 US dollars, other costs amounted to 1,025,407 US dollars, and caused an overpriced price of 1,974,911.29 US dollars

For his actions, RJ Lino was subject to Article 2 Paragraph (1) or Article 3 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law no. 20/2001 in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code.