Judge Ignores Elements Of Gratification, KPK Against Samin Tan's Acquittal By Filing An Appeal

Samin Tan (Photo: DOK ANTARA)

JAKARTA - The Corruption Eradication Commission (KPK) has filed an appeal against the acquittal of the former owner of PT Borneo Lumbung Energi and Metal Tbk (PT BORN), Samin Tan. The appeal for the verdict handed down by the Jakarta Corruption Court was carried out on Thursday, September 9 yesterday.

"The KPK prosecutor team has submitted a memorandum of cassation to the Supreme Court on behalf of the defendant Samin Tan through the special criminal registry of the Corruption Court at the Central Jakarta District Court," Acting KPK Spokesperson for Enforcement Affairs Ali Fikri told reporters, Friday, September 10.

This cassation was filed because the KPK considered that the panel of judges at the first level did not apply the law properly.

"Especially, related to the application of proof of the element of gratification in Article 12B of the Anti-Corruption Law," said Ali.

He mentioned that the element of gratification in other cases could be proven. Thus, the KPK considers the judge's decision to be wrong.

"In several other case decisions related to proving the article, it can be applied so that the prosecutor's indictment can be declared proven," he said.

Furthermore, Ali hopes that Samin Tan can be sentenced according to his actions from the appeal filed.

The KPK, he continued, also hopes that the arguments and legal arguments of the KPK Public Prosecutor (JPU) can be accepted and taken over by the panel of judges at the cassation level.

It was previously reported that Samin Tan was sentenced to 3 years in prison and a fine of Rp. 250 million, subsidiary to 6 months in prison before finally being released.

In their consideration, the panel of judges consisting of Panji Surono, Teguh Santoso, and Sukartono stated that the act of giving gratification had not been regulated in Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.

After being acquitted, the Jakarta Corruption Court ordered Samin Tan to be immediately released from detention and his rights restored.

Samin Tan also gave money to Eni so that he would help with the termination of the Generation 3 Coal Mining Concession Work Agreement (PKP2B) between PT AKT and the Ministry of Energy and Mineral Resources (ESDM) in Central Kalimantan.