The Judge Calls State Losses In The Case Of Procurement Of AW-101 Helicopters Not Total Loss IDR 738.9 M

The panel of judges stated that the loss in the alleged corruption case in the procurement of the AW-101 helicopter did not occur in total loss of IDR 738.9 billion. However, the state losses in this case amounted to IDR 17.22 billion.

"The panel of judges agrees with the state loss of the Directorate of Corruption Detection and Analysis at the KPK Number: LHA-AF-05/DNA/08/2022 dated August 31, 2022, which is IDR 738.9 billion but not a 'total loss' due to the fact that the AW 101 Transport Helicopter is true and has material value but cannot be utilized in accordance with the purpose of procurement," said Chief Judge Djumyanto at the Jakarta Corruption Court (Tipikor), Wednesday, February 22, was confiscated by Antara.

According to the panel of judges, the AW 101 helicopter has been received by the Indonesian Air Force and has been registered with State Property (BMN) with a value of IDR 550,563,910,814. The overpayment has also been deposited with the state by Irfan Kunia on November 7, 2019 amounting to IDR 31,689,290,000 according to BPK recommendations.

In addition, there is a term III and IV payment value of Rp. 139,424,620,909 which is still in a cross-year account in the name of PT Diratama Jaya Mandiri which is blocked by KPK investigators which can be calculated as the return of state financial losses.

"So the remaining state losses amounted to Rp738.9 billion minus Rp550,563,910,804 minus Rp31,689,290,000 minus Rp139,424,620,909 so that there was a total of Rp17,222,178,271, so there was Rp17,222,178,271 as a sum that must be imposed as a substitute for the defendant," said the panel of judges.

However, the panel of judges still believed that there was a command fund (dako) of Rp. 17,733,600,000 for the Air Force Chief of Staff (Kasau) at that time, Agus Supriatna.

"In the trial, it was proven that there was a provision of command funds in which the defendant admitted that according to the agreement, 4 percent of the 1st stage payment was Rp. 17,733,600,000, so the amount of payment on September 5, 2016 for the Director of Jaya Mandiri was only Rp. 418,956,300,000 from the value of phase I. 60 percent of the contract value of Rp. 443,340,000,000 and then taken Rp. 17,733,600,000," said the judge.

Then at Building B3 Lt 2 Disku TNI AU Headquarters, Sigit Suwastono handed over the command funds originating from the 1st phase (one) of the procurement of the AW-101 helicopter to Wisnu Wicaksono.

Sigit Suwastono on November 9, 2016 created a BRI Account for the TNI AU Headquarters Branch which was used as a place to store interest deposits for command funds on behalf of Dewi Liasaroh, which is a household assistant for BRI employees at the Indonesian Air Force Headquarters Branch. Sigit then created a number of deposit accounts

In this case, Irfan Kurnia was sentenced to 10 years in prison plus a fine of Rp. 1 billion, subsidiary to 6 months in prison, plus the obligation to pay state losses of Rp. 17.22 billion, subsidiary to 2 years in prison.

The verdict is lighter than the demands of the KPK Public Prosecutor (JPU) who demanded that Irfan Kurnia Saleh be sentenced to 15 years in prison plus Rp1 billion, subsidiary to 6 months in prison and the obligation to pay compensation of Rp177,712,972,054.6 billion, subsidiary to 5 years in prison.

Regarding the decision, the KPK prosecutor stated that he had thought about it for 7 days.

"We still believe in 'total loss' as the KPK forensic auditor and experts from ITB because the purpose of the transport helicopter is not fulfilled, but once again regarding today's decision we are thinking again regarding the judge's considerations, we want to know in full the considerations of the panel of judges in the decision," said KPK prosecutor Arif Suhermanto.

The KPK prosecutor said that the judge agreed to have a command fund (dako) for Kasau Agus Supriatna.

"Regarding the Rp17 billion command fund, the panel said there were, just like the prosecutor's demands, and as the panel of judges said, it was stated that anyone who took part in this case, there were five," added prosecutor Arif.

Meanwhile, Irfan Kurnia Saleh and his legal adviser expressed their thoughts for 7 days.