JAKARTA - The Public Prosecutor (JPU) of the Corruption Eradication Commission (KPK) demands the payment of profit deposits from three public gas stations (SPBU) owned by PT Tuah Sejati until the case decision is final and binding.
"Determined Defendant II PT Tuah Sejati to continue to manage business assets in the form of public fuel filling stations (SPBU), fisherman fueling stations (SPBN), LPG bulk filling and transportation stations (SPPBE), and continue to deposit profits from business assets to a holding account. The Indonesian Corruption Eradication Commission (KPK) has reached the decision in the 'a quo' case with permanent legal force," said KPK Public Prosecutor Agus Prasetya when reading the letter of demand at the Jakarta Corruption Court (Tipikor), reported by ANTARA, Thursday, August 4.
PT Tuah Sejati and PT Nindya Karya (Persero) became defendants in the alleged corruption case of the Sabang Unloading Pier Development Project for the 2006-2011 Fiscal Year, which caused a loss of state finances worth Rp313.345 billion.
The three refueling stations are gas stations on Jalan Sultan Iskandar Muda, Gp Pie Village, Meuraxa Ulee Lhueue District, Banda Aceh City; SPBN Number 18,606,231 on Jalan Sisingamangaraja PPI Lampulo, Kuta Alam District, Banda Aceh City; and SPPBE on Jalan Koramil Meurebo Office, Peunaga Reyeuk Village, Meurebo Subdistrict, Meulaboh City, Aceh Barat Regency, Aceh.
The reason for the confiscation was because at the trial it was revealed that the business assets in the form of gas stations, SPBN, and SPPBE were obtained or were the result of a criminal act of corruption committed by PT Tuah Sejati.
"That in order to take into account the principle of expediency and considering that these assets are a vital means for the needs of the Acehnese people, the Public Prosecutor will confiscate assets for the state, the implementation of which is handed over to PT Pertamina (Persero) as a State-Owned Enterprise that has competence related to the sustainability of the management of these assets. ," added the prosecutor.
The confiscation of the three assets according to the prosecutor is in accordance with the indictment in Article 18 paragraph (1) letter a in the context of fulfilling the shortage of replacement money.
In this case, the KPK prosecutor demanded that PT Nindya Karya and PT Tuah Sejati be sentenced to a fine of Rp900 million each.
The two companies were also charged with additional criminal penalties in the form of payment of replacement money, with details of PT Nindya Karya (Persero) paying Rp44,681,053,100. It is known that PT Nindya Karya had handed over all the money worth Rp44,681,053,100 so that the KPK prosecutor demanded the confiscation of all the money.
Meanwhile, PT Tuah Sejati was charged with additional punishment in the form of payment of compensation to the state amounting to Rp.49,908,196,378, but only submitted Rp.9,062,489,079 so that PT Tuah Sejati was required to pay the remaining additional criminal charges.
PT Nindya Karya and PT Tuah Sejati were judged to be proven to have committed primary charges from Article 2 paragraph 1 of the Law in conjunction with Article 18 Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code in conjunction with Article 65 paragraph 1 of the Criminal Code.
"The aggravating things are that the actions of the defendants do not support the government's program in eradicating corruption. The defendants carried out corruption with an active will, aiming to obtain extravagant profits. Physical projects can still be used but according to the audit results the quality is not according to specifications and cannot be utilized. perfectly," said the prosecutor.
While mitigating things, the defendants have never been convicted, Defendant I has returned all the proceeds of the crime and Defendant II has returned some of the proceeds of the crime.
Sitting in the defendant's chair representing PT Nindya Karya was the President Director of PT Nindya Karya, namely Haedar A Karim and attending the trial from Aceh via a "video conference" connection, namely the President Director of PT Tuah Sejati Muhammad Taufik Reza.
The trial continued on August 19, 2022 with the agenda of reading a memorandum of defense (pleidoi).
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