Difficult To Find State Losses, AGO Stops Investigation Of Pelindo II Case

Director of Investigations at the Deputy Attorney General for Special Crimes (Jampidsus) at the Attorney General's Office Supardi/ Antara

JAKARTA - The Investigating Prosecutor of the Attorney General's Office has stopped the investigation of the alleged corruption case of PT Pelabuhan Indonesia II (Persero), by issuing a Termination of Investigation Order (SP3) dated September 3, 2021.

Director of Investigations of the Deputy Attorney General for Special Crimes (Jampidsus) at the Attorney General's Office, Supardi, said that the reason for stopping the investigation into the Pelindo II case was because elements of state losses were difficult to find.

"Yes it is (SP3-ed) because elements of state losses are difficult to find," Supardi said when confirmed in Jakarta, reported by Antara, Tuesday, September 7.

He explained that the losses that occurred in the process of extending the operation and management of PT Pelindo II's port were still in the form of potential losses.

"So there are still "opportunity costs" that might be calculated and we can't be sure how much. Whether it's a loss, whether it's a profit can't be ascertained because the business valuation isn't stuck, right," said Supardi.

In this case, said Supardi, investigators have referred to the results of the audit and investigation of the Supreme Audit Agency (BPK). Likewise, the results of the deepening of each transaction in the extension of the cooperation.

According to him, the schools outlined in the Corruption Eradication Act to determine state financial losses or the state economy are "actual losses". This is reinforced by the decision of the Constitutional Court Number 25 of 2016.

"If the article does not fulfill one of the criminal elements, if it is continued, it will be an uncertainty later," said Supardi.

Although the investigation has been stopped, Supardi said that if new evidence is found, the investigator will re-investigate the case.

"Until a certain point new evidence is found. The problem is only there," said Supardi. The investigation into the alleged corruption case at PT Pelindo II was carried out after the Attorney General's Office issued an Investigation Order (Sprindik) Number: Print-54/F.2/Fd .1/09/2020. Investigators have so far searched the Jakarta International Container Terminal (JICT) Office and confiscated a number of documents as evidence.

This includes examining a number of witnesses, including the children and wife of former Pelindo II President Director Richard Joost Lino.

Corruption crime in this case allegedly occurred during the extension of port management carried out by JICT with Pelindo II. In the extension, it is suspected that there was an unlawful act.

Although it has gone up to the investigation stage, he said, no one has been named as a suspect in this case.