Galumbang Surprised The Implementation Of The Money Laundering Article: I Have Never Enjoyed The Results Of Corruption

The pleidoi Galumbang Menak Simanjuntak and Irwan Hermawan trials are related to the 4G BTS case at the Central Jakarta District Court, Jakarta, Monday (6/11/2023). BETWEEN/Rina Nur Anggraini

JAKARTA - The defendant in the alleged corruption case of the 4G Base Transceiver (BTS) construction project, Kominfo Galumbang Menak Simanjuntak, objected to the 15-year prison sentence from the Public Prosecutor. Because Galumbang did not enjoy the results of corruption.

This was as conveyed by the prosecutor to the demands that stated that he did not enjoy the results of corruption.

Therefore, Galumbang objected to the prosecutor's demands which he considered very burdensome.

"Until today I do not accept what is alleged. This is also agreed by the prosecutor in his claim that I do not enjoy the results of corruption in the 4G BTS project," Galumbang said in reading the memorandum of defense (pleidoi) at the Jakarta Corruption Court.

Galumbang denied the testimony from the Board of Directors of PT Aplikanusa Lintastra, namely Arya Damar and Alfi Asman who accused him of receiving a fee of 10 percent during a board of directors meeting.

In the facts of the trial that presented the Director of PT Aplikanusa Lintastra Bramudija Hadinoto, several facts were found. Among other things, there has never been a meeting to discuss the fee as food conveyed by Arya Damar and Alfi Asman.

"So it contradicts the statement of Witness Alfi Asman who stated that the commitment fee had been discussed at the Board of Directors meeting," he said.

Meanwhile, regarding the money handed over to the defendant Irwan Hermawan through several companies, he said, by creating a fictitious PO 4 times. He considered the money not for himself, but for the benefit of BAKTI.

"I strongly suspect that the money they handed over was to cover up their mistakes," said Galumbang.

This is because, from the facts of the trial, it was revealed that the amount of money submitted 4 times did not match the commitment fee of 10 percent alleged.

In the facts of the trial presented by Alfi Asman, Arya Damar, other witnesses and defendant Irwan Hermawan and defendant Windy Purnama, PT Aplikanusa Lintaarta only issued around Rp. 60 billion.

"Meanwhile, referring to the commitment fee of 10 percent, it should be IDR 240 billion. So it can be seen clearly that the 10 percent commitment fee is just a billboard that may aim to cover up what they did, which in the end burdens me in this case," said Galumbang.

Galumbang also questioned the application of the article on money laundering (TPPU) by the Attorney General's Office. Galumbang felt strange with the application of this article because he did not enjoy the results of corruption as stated by the prosecutor in the prosecution.

"The TPPU had the money first, sir, then it was hidden, if you don't have what money you want to hide" where I am very clear, I have never received corruption money from the BAKTI 4G BTS Project but are still charged with Money Laundering (TPPU)," he quoted the statement by Jamin Ginting expert.

The former President Director of PT Mora Telematika Indonesia also objected to the confiscation of assets carried out by investigators. Because a number of confiscated assets were obtained legally before the procurement of the 4G BTS project.

"Several assets have been included in my personal tax report for a long time. However, investigators confiscated them," he said.

In fact, he said, these assets have also been included in the first tax amnesty in 2016 and tax amnesty in both 2021. For this reason, he was surprised by this confiscation step.

Galumbang was surprised about the prosecutor in the trial who seemed to consider the security conditions in Papua that threatened lives as a normal thing to anticipate, so he thought it could not be included as a force majeure event. According to him, building in Papua is not only with expertise, but with tears.

"Security conditions are not a common thing, people being shot and cut are not as ordinary as with volcanic disasters or floods that can be anticipated," he said.

For this reason, he said, the state should be responsible and present in ensuring security when his party, who is also the Indonesian people, participates in development projects in Papua, which ironically is the country's own project, instead of turning it into an ordinary situation.

"I am worried that if this is justified, people or companies will be reluctant to build in Papua because they were killed, slitted, shot, kidnapped and intimidated are categorized as mediocre and this risk is only borne by the people," he said.

Meanwhile, Galumbang's legal adviser, Maqdir Ismail, who said that the application of the money laundering article was fulfilled if someone had received a sum of money and used it.

"If you never receive, what is washed?" said Maqdir Ismail.

Regarding the alleged corruption in the 4G Kominfo BTS project, according to him, it should have been resolved in the administrative realm first. Because the project is still ongoing. but what is being pursued is the criminal settlement.

"Because they have good intentions to solve this problem. Even though there are no state losses," he said.

On that basis, Maqdir said, Galumbang Menak should have been released.

"So, it should be released. Because the elementiom loses. Plus the BPKP calculation method is also wrong. Prosecutors can't prove anything," said Maqdir.