Helmut Hermawan's Attorney: William Van Dongen Is Suspected Of Being Involved In The KPK OTT In The Bribery Case Of South Jakarta District Court

JAKARTA - Helmut Hermawan's attorney, Rusdianto Matulatuwa, said that PT Citra Lampia Mandiri's (CLM) attorney, Dion Pongkor, against his client was very misleading. This answers the dispute over share ownership in PT CLM and APMR.

"Because what Dion Pongkor said was misleading too. Not according to the data and maybe only based on information from his client. Maybe his client also forgot maybe," said Rusdianto in Jakarta, Monday, April 24.

He also said that his client was one of the directors at PT APMR and the President Director at PT CLM before Dion was present to defend William Van Dongen.

"So Mr. Helmut's position is one of the directors at PT APMR and the President Director at PT CLM, which is around 2019. I will clarify that if William Van Dongen was once the president director at PT APMR in 2013 alone. So don't match APMR in 2013 when he was held by William, it was being mined, it was destroyed," he said.

Even in the William era, the company was even involved in the bribery case of South Jakarta District Court officers handled by the KPK related to civil cases with case number 262 / Pid.G / 2018 / PN South Jakarta.

"That was before Helmut entered. That's why at that time Jumiatun as the owner of his shares, William, who is a Dutch citizen, did not even have any shares at all. He was only the director in 2013. So when APMR was experiencing a gloomy period, that was when Jumiatun sold his shares to former Director of PT Citra Lampia Mandiri (CLM) Thomas Azhali," he said.

After that, he continued, the company's performance improved in the cold hands of Helmut and Thomas. That's why William and other parties who had released all APMR shares tried to reclaim the shares by criminalizing them.

"As with the allegations of forgery of the reported letter, it is also related to this. We also regret that Pak William brought the name of his wife Jumiatun Van Dongen into this dispute. He does not know what the future risks will be. It can also have an impact directly or indirectly, both to himself and to his wife," he said.

"If we look at where this criminalization case has spread, the focus of the main issue has disappeared because it is ridden by irresponsible parties. Therefore, I urge you not to take more victims, at least the National Police Chief must be ready to hear from our side, don't just hear from that side. "he said.

Responding to this case, mining legal expert Ahmad Redi believes that in the context of mining mining, mineral and coal is directly related to administration.

"The first thing if we look at the crime related to licensing, so the Minerba Law is Law no. 4 of 2009, as amended by Law no. 3 of 2020, which was also amended by Law no. 6 of 2023 concerning Job Creation divides the crime related to licensing, in 2 major aspects, the first is a crime related to licensing and the criminal is not related to licensing," he said.

However, he said, if we look at the technical aspects of the law, the Helmut Hermawan et al case is an administrative act.

"So people don't report or due to negligence in reporting information that is not true in the context of mining, for example the RKAB and there are sales reports and others, this is actually an administrative violation," he explained.

In a simpler context, Redi said that our laws and regulations have provided a fairly dynamic space. He also invited law enforcement officials to be flexible, so don't get little crime, in the context of the Minerba Law.

"Don't waste a little punishment into something that takes precedence. For example, in the context of Articles 177 and 178 of the Job Creation Law, the Job Creation Law with the spirit of flexible criminal law appears there. So if there are administrative problems, first solve them administratively. Well, this is part of the ultimum remedium in the Job Creation Law which involves all business activities, including mining, which I think is quite effective. Because administrative violations have administrative fines that allow the state to gain benefits, prioritizing justice over legal certainty to criminalize people in the context. normative cost is greater. Even though there are social costs or economic costs that must also be protected," he said again.

According to him, in the criminal law of mining from the perspective of Law no. 6 of 2023 concerning Job Creation, law enforcement officials do not talk about Law no. 3 of 2020 and Law no. 4 of 2009, concerning Minerba mining which is strongly based on a penalty approach when administrative violations occur.

Then the Job Creation Law provides such a large space for the use of the ultimum remedium principle and the principle of Una Via in mining.

"Finally, disputes in criminal-dimensional contractual relations can also be resolved through the principle of Una Via. I think this is part of the state's efforts in a criminal context that can provide fair legal certainty but also fair benefits and legal justice for the nation and state of Indonesia," he explained.