Not Accompanied By Lawyers, Corruption Session Of Orbit Satellite 123 With Defendants Of American Citizens Postponed

The court postponed the reading of the indictment for American citizen Thomas Anthony Van Der Hyeden in the case of procuring the Orbit 123 slot satellite Thursday (2/3/2023). (ANTARA)

JAKARTA - The panel of judges at the Jakarta Corruption Court (Tipikor) decided to postpone the reading of the indictment for US citizen Thomas Anthony Van Der Hyeden in the case of procuring Orbit slot satellites 123 degrees East Longitude (BT) at the Ministry of Defense from 2012 to 2021.

The postponement was made because the defendant Thomas Anthony Van Der Hyeden was not accompanied by legal counsel.

"Next week there must be a lawyer, next week it is mandatory because the threat of punishment in the Criminal Code is more than 9 years (prison) must be accompanied by a lawyer," said chairman of the panel of judges Fazhal Hendri as quoted by ANTARA, Thursday, March 2.

In this case, Thomas Anthony Van Der Hyeden as Senior Advisor of PT Dini Nusa Kusuma (DNK) for the 2015-2018 period was jointly charged with the Director General of Defense Forces at the Indonesian Ministry of Defense (Kemenhan) for the period August 2012-September 2016 Young Admiral TNI Purnawirawan Agus Purwoko, Arifin Wiguna as President Commissioner of PT Dini Nusa Kusuma (DNK) and Surya Cipta Witoelar as Tech Consultant of PT Dini Nusa Kusuma (DNK) from 2015-2016 and President Director of PT DNK for the 2016-2020 period.

While on trial, Thomas Anthony was accompanied by an interpreter named Gunawan. However, he was not accompanied by legal counsel.

"What is clear is that I received the indictment yesterday, in Indonesian, and I do not understand, because I need the English one. Even though I was promised that there would be English, but I did not accept the noble," Gunawan said, translating Anthony's statement.

"That will be because in Indonesian he is not very fluent, in pronunciation or in his grammar," said judge Fazhal.

"Will the defendant be accompanied by a legal advisor or lawyer at this trial?" asked Fazhal.

"For now or at today's trial I do not have a lawyer but at the trial next week I hope my family or friends can arrange to prepare a lawyer for me," answered Anthony, quoted by Gunawan.

"So, ladies and gentlemen, so we cannot continue this trial. First, this defendant wants the indictment that has been translated, meaning that it has been translated into English, so for the coming Sunday it will still be read Indonesian in this trial, but he holds the English one. So all of us he prepared from his family to be accompanied by legal advisors, today it turns out that none of them were here. was there previously a legal advisor?" asked judge Fazhal.

"Since yesterday there have been no lawyers," replied Anthony.

Anthony then said that the lawyer who had been accompanying him at the investigation level took actions that were considered dangerous to him by his family.

"Yes, if the village language is not comfortable, ha ha, isn't it uncomfortable? It's not happy. OK, isn't it okay, he is the right of the public prosecutor," said Judge Fazhal.

"Your Honor, I will do my best. Even though I don't live here, my family is not in Indonesia, there is little communication, but I will do my best to prepare a lawyer next week," said Anthony.

"So also look for Indonesians, later the lawyers will be translated again, ha ha ha (thumb), so the way for Indonesians, sir, please suggest, later you will translate what is said," said judge Fazhal.

The trial was postponed on Thursday, March 9, 2023 at 10:00 with an agenda for reading the charges.

In this case Arifin Wiguna, Surya Cipta Witoelar and Thomas Anthony Van Der Hyeden gave advice on renting the Artemis Satellite owned by the Avanti Communications Limited Company, which is a Satellite Operator Company from the City of London England, because the Garuda-1 Satellite has a deorbit of a 123 degree BT Orbit Slot.

It turns out that the age of the Artemis satellite belonging to the Avanti Communications Limited Company in 2014 is no longer suitable for use (retired), so the Artemis Satellite service coverage area does not match the Garuda-2 Satellite filing at the 123 degree BT Orbit Slot and the Artemis Satellite specifications of the Avanti Communications Limited Company do not match the specifications of the Garuda-1 Satellite.

However, the Ministry of Defense continued to pay the Artemis satellite rental contract to Avanti Communication Limited for 2,252,187.83 US dollars on April 22, 2016 so that Avanti Communications Limited immediately moved the Artemis Satellite from the orbit slot 21.5 degrees east longitude to Slot Orbit 123 degrees east longitude.

Agus Purwoto's actions together with Arifin Wiguna, Surya Cipta Witoelar and Thomas Anthony Van Der Heyden have resulted in state financial losses of Rp453,094,059,540.68 based on the audit report on the results of the calculation of state financial losses in the alleged corruption case of the 123 degree BT Orbit Slot Satellite procurement project at the Ministry of Defense in 2012-2021 by the Financial and Development Supervisory Agency (BPKP) Number: PE.03.03/SR-607/D5/02/2022 on August 12, 2022.

The defendants were charged under Article 2 paragraph 1 or Article 3 Jo Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, Jo. Article 55 paragraph (1) to 1 of the Criminal Code.