Supreme Court Rejects KPK's Cassation, Samint Tan Remains Free

JAKARTA - The owner of PT Borneo Lumbung Energi and Metal Tbk (BLEM) Samin Tan remains free from punishment after the Supreme Court (MA) rejected the cassation filed by the KPK. as stated on the Supreme Court website which was viewed in Jakarta, Monday 13 June. The decision was taken by the cassation panel consisting of Suhadi, Suharto and Ansori on 9 June 2022. The KPK filed an appeal against the decision of the Jakarta Corruption Court judges on 30 August 2021 which acquitted Samin Tan. "At trial, the defendant Samin Tan has not been proven legally and convincingly guilty of committing a criminal act as stated in the first and second alternative charges. Therefore, the defendant is acquitted from the public prosecutor's charges," said the chairman of the panel of judges at the Jakarta Corruption Court, Panji Surono on 30 August 2021. Previously, the KPK public prosecutor (JPU) accused Samin Tan of giving gratification to Eni Maulani Saragih as a member of the The city's Commission VII DPR for the 2014-2019 period is IDR 5 billion in three stages. According to the panel of judges, Article 12 B of the Anti-Corruption Law which is indicted by Samin Tan is not a bribery offense but a gratification offense, so it is impossible for gratification to threaten criminal charges for the party who gave it. "Since the beginning of the KPK Law, gratification was not designed to also be a crime of bribery, gratification is an act that is prohibited from happening when the recipient of gratification does not report until after the deadline determined by the law," said judge Teguh Santosa. In fact, Eni Maulani Saragih was sentenced to 6 "Considering in the decision where Eni Maulani was found to have violated Article 12 letter B paragraph 1 where Eni received a gift from Samin Tan in the amount of Rp 5 billion, therefore the defendant Samin Tan had given money to Eni Maulani Saragih cannot be held accountable his criminal liability. The defendant was released and his dignity must be restored," said the judge.

Moreover, the judge considered that Samin Tan was a victim of Eni Maulani Saragih because he was asked for money to finance the nomination of Eni's husband as a candidate for regional head in Temanggung district, Central Java. Samin Tan is in accordance with the evidence from the investigation and prosecution. "Nevertheless, the KPK certainly respects the decision of the cassation panel of judges at the Supreme Court. We hope that the Supreme Court will immediately send a complete copy of the decision," said Acting KPK Spokesperson Ali Fikri. According to Ali, the KPK will further study "We also always invite the public to follow the legal process as part of openness and participation in guarding law enforcement for criminal acts of corruption," said Ali.