JAKARTA - Former General Manager (GM) of the Mulia Metal Purification and Processing Business Unit (UBPP LM) PT Aneka Tambang (Persero) Tbk, Dody Marnavih was charged with corruption in the process of processing gold and silver metals into gold bullion, which cost the state finances around Rp100.8 billion.

"The defendant Dodytimbang as the General Manager of the Precious Metal Purification and Processing Business Unit PT Aneka Tambang (Persero) Tbk for the 2013-2017 period made an agreement with PT Loco Montrado in exchanging high and low gold-grade metal anodes that did not comply with the provisions," said KPK Public Prosecutor (JPU) Titto Jaelani at the Jakarta Corruption Court (Tipikor) reported by ANTARA, Wednesday, May 31.

The KPK prosecutor said that Dody Marbek's actions were carried out together with the Marketing Manager of theUBPP LM PT Aneka Tambang (Antam) for the 2017 period Agung Kusumawardhana, the President Director of PT Loco Montrado Siman Bahar and the corporation PT Loco Montrado in the March-August 2017 period.

According to Titto, the defendant as GM UBPP LM PT Antam has approved the appointment of PT Loco Montrado as a back-up refinery company without approval from the Board of Directors of PT Antam and without involving part of the Research and Business Development Manager and the Legal Risk & Management section of PT Antam.

The prosecutor stated that the defendant, Dody Marberius, also agreed with Siman Bahar to hand over the metal anode (dore) to PT Loco Montrado to be processed into gold bullion without going through the process of financial study, technology and analysis of capabilities.

Titto said Dody Marsimbangan also knew that the gold metal anode exchange was not in accordance with PT Antam's obligations to the contract company, thus enriching Siman Bahar worth IDR 100,796,544,104.31.

UBPP LM PT Antam has an international accreditation of the quality and purity of gold and silver commodities in the process of managing and purification to produce pure gold and silver from PT Antam mines in Pongkor and Cibaliun as well as mining companies that own labor contracts.

However, on January 16, 2017, there was a fire at the UBPP LM Pulogadung factory which caused damage to silver electrolysis cells, so the purification process could no longer be carried out and the repair process of the equipment took until May 2017, but PT Antam's UBPP LM still received a dore delivery from customers.

The prosecutor explained that based on an operational performance meeting on March 10, 2017, Dody Marnalih was ordered to repair the machine and not to determine a purification reserve company, but the person concerned without the knowledge of the board of directors ordered Agung Kusumawardhana to look for a gold refining company according to stock, although only UBPP LM had accreditation to purify gold on a large scale.

Agung then communicated with Siman Bahar as President Director of PT Loco Montrado which is engaged in trade and general industry, including processing metal, steel and aluminum goods.

In March 2017, it was also agreed that PT Loco Montrado would refine a high-grade gold metal anode because PT Loco did not have the ability to refine a low-grade gold metal anode with a contract being made backwards because it would be sent first, but Dody Marnavih never reported it to PT Antam's directors because he did not have a power of attorney to sign the agreement.

On April 5 and 10, 2027, 376,4554 kg of metal anodes were delivered and 302,1679 kg of PT Loco Montrado delivered gold bars with gold content of 299,8026 kg and 1.7501 kg of silver, so there was an excess of 6,4512 kg of gold and a shortage of 78,0493 kg of silver.

Although Dody Marnber knew that PT LocoMontrado did not have the ability to refine low gold-grade metals, UBPP LM PT Antam still sent a metal anode of low gold content on April 28 - August 4, 2017 as much as 19,637,1598 kg with gold content of 716,0704 kg and silver as much as 18,875,4072 kg, while PT Antam received gold bullion, but there was an excess of gold as much as 46,2223 kg and a shortage of silver as much as 18,875,4072 kg.

Overall, the exchange of high gold-grade metal anodes (AuP) and low gold-grade metal anodes based on final levels of metal anodes received by PT Antam was 52,6735 kg and PT Antam received a total of 18,953,4565 kg in silver deficiencies.

"With the agreement to exchange metal anodes only in the form of gold and not according to the final level, the realization of the gold and silver values received by PT Antam is less than the value of gold and silver that should have been received as the work contract," said prosecutor TITto.

In the period 5 April - 4 August 2017, UBPB LM PT Antam has sent a total of 20,013,6152 kg to PT Kasongan Bumi Kendana and PT Agincourt Resources, where UBP LM PT Antam received a purification service fee of IDR 5,799,861,470.

Furthermore, UBPP LM PT Antam received an gold bullion with a level of 99.2 percent to 99.9 percent as much as 1,064.5368 kg from PT Loco Montrado, of which 500 kg came from imports through other companies regulated by Simon Bahar.

Based on the report on the results of the audit on the calculation of BPK's state losses on November 18, 2022, said the KPK prosecutor, the amount of state losses from the collaboration between PT Antam Tbk and PT Loco Montrado in processing metal anodes calculated was as much as the value of gold and silver that should have been received according to the final level of metal anode minus the realization of the value of gold and silver received by taking into account the cost of metal anode refining services, namely Rp100,796,544,104.35.

Titto said that this act was threatened with Article 12 paragraph 1 or Article 11 in conjunction with Article 18 of Law (UU) 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 Criminal Code.

At the trial, the defendant Dody Marnali submitted a note of objection (exception) which will be read out on June 7, 2023.


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