JAKARTA - President Director of PT Hanson International Tbk Benny Tjokrosaputro is being sentenced to death. He was also asked by the prosecutor to pay compensation of IDR 5.733 trillion.
The prosecutor assessed that Benny Tjokrosaputro was proven guilty of corruption which resulted in state losses of Rp. 22.788 trillion from the management of PT. Asabri (Persero) funds and money laundering.
"Demanding that the panel of judges at the central Jakarta District Court who examined this case decide that the defendant Benny Tjokrosaputro be declared legally and convincingly according to law to commit a criminal act of corruption with the weight and crime of money laundering. Sentencing the defendant Benny Tjokrosaputro with the death penalty," said the public prosecutor at the Wagiyo Attorney General's Office at the Jakarta Corruption Court (Tipikor), Wednesday, October 26.
Benny is considered proven guilty of committing an act in accordance with the first indictment of Article 2 paragraph (1) in conjunction with Article 18 of Law no. 31 of 1999 as amended by Law no. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code and the second primary Article 3 of Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering.
"To charge the defendant to pay compensation of Rp. 5.733 trillion provided that if the convict does not pay the replacement money at the latest within 1 month after the decision has permanent legal force, his property will be confiscated by the prosecutor and auctioned off to cover the replacement money and if the convict does not have sufficient property to cover the replacement money," added the prosecutor.
There are a number of aggravating things in Benny Tjokro's actions.
"The situation is burdensome, the defendant at the trial does not show any guilt, let alone a single regret for his actions; the defendant's actions are 'extraordinary crime', with the mode of investment through the capital market hiding into the business structure and abusing legitimate business," said the prosecutor as quoted from Antara.
Furthermore, Benny Tjokro's actions resulted in a decrease in the level of trust in investment activities in the insurance and capital market sectors.
"The defendant's actions together with other defendants caused state losses of Rp. 22.788 trillion with special details due to the defendant's actions resulting in a loss of Rp. 6.481 trillion. This value includes shares controlled by the defendant using Jimmy Sutopo's nominee of Rp. 314.8 billion and the distribution of losses by the defendant Benny Tjokro amounting to Rp. 5.733 trillion," said the prosecutor.
Another burdensome thing, Benny Tjokro is a lifelong convict in a corruption case in the management of investment funds at PT Asuransi Jiwasraya Persero which cost the state finances Rp. 16.87 trillion as stated in the Supreme Court's decision.
"Although at the trial it was revealed that things were mitigating in the defendant, these things were not comparable to state losses caused by the defendant's actions, therefore mitigating matters should be put aside," said the prosecutor.
PT. Asabri received funding from THT (Old Age Savings) program funds and AIP (Pension Contribution Accumulation) program funds sourced from monthly ASABRI participant contributions which were deducted from the basic salaries of the TNI, Polri and ASN/PNS at the Ministry of Defense of 8 percent, with details for the Pension Fund deducted by 4.75 percent of the basic salary and for the Old Age Allowance (THT) deducted by 3.25 percent of the basic salary.
However, PT Asabri made investments in the capital market in the form of stock instruments, including stocks that are growing or known as "layers" 2 or "layers" 3, namely stocks that have high risk.
The high-risk stocks include LCGP (PT. Eureka Prima Jakarta Tbk) since October 2012, MYRX (PT. Hanson International Tbk) in the regular market since October 4, 2012 and SUGI (PT Sugih Energy Tbk).
In this case, of the 9 defendants, 8 people have been sentenced, namely the first, President Director of PT Asabri 2012 - March 2016 Major General Purn. Adam Rachmat Damiri was sentenced to 15 years in prison plus a fine of Rp. 750 million, subsidiary of 6 months in prison plus the obligation to pay compensation of Rp. 17.972 billion, subsidiary to 5 years in prison based on the decision of the DKI Jakarta High Court.
The two President Directors of PT Asabri March 2016 - July 2020 Lt. Gen. Retired Sonny Widjaja were sentenced to 18 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison plus the obligation to pay compensation of Rp. 64.5 billion, subsidiary to 5 years in prison based on the decision of the DKI Jakarta High Court.
Third, Director of Investment and Finance of PT. Asabri 2012 - June 2014 Bachtiar Effendi was sentenced to 15 years in prison plus a fine of IDR 750 million, subsidiary to 6 months in prison plus the obligation to pay compensation of IDR 453.783 million, subsidiary to 4 years in prison.
Fourth, Director of Investment and Finance of PT Asabri July 2014 - August 2019 Hari Setianto was sentenced to 15 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison plus the obligation to pay compensation of Rp. 378.873 million, subsidiary to 4 years in prison.
The five President Directors of PT Eureka Prima Jakarta Tbk (LCGP) Lukman Purnomosidi were sentenced to 10 years in prison plus a fine of Rp. 750 million, subsidiary of 6 instead of imprisonment plus the obligation to pay compensation of Rp. 715 billion, subsidiary of 6.5 years in prison.
Sixth, Director of PT Jakarta Emiten Investor Relations Jimmy Sutopo was sentenced to 13 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison and the obligation to pay compensation of Rp. 314.868 billion, subsidiary to 4 years in prison.
Seventh, the President Commissioner of PT Trada Alam Minera Heru Hidayat was sentenced to nil plus the obligation to pay compensation of Rp. 12,643 trillion.
Eighth, President Director of PT Rimo International Lestari Teddy Tjokrosapoetro was sentenced to 12 years in prison plus a fine of Rp. 1 billion, subsidiary to 1 year in prison and obliged to pay compensation of Rp. 20.83 billion.
Benny Tjokro will submit a memorandum of defense on November 16, 2022.
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