Jakarta, hitclubapk3 Indonesia
—
Former senior investigator
Corruption Eradication Commission
(KPK) Mochamad Praswad Nugraha revealed initial clues or findings until finally anti-corruption agency investigators decided to investigate the alleged corruption case of Business Cooperation (KSU) and the acquisition of PT Jembatan Nusantara (JN) by
PT ASDP
2019-2022.
Praswad said investigators realized there was an anomaly when they found out that ASDP actually needed many ships with passage permits but was willing to bear the burden of PT JN’s bank debt worth IDR 580 billion.
“Fellow investigators, logically, at the beginning when it was built at the KPK, the question was simple: If we really need the ship, why do we have to buy the debt too?”said Praswad in the discussion agenda
Prime Plus hitclubapk3 Indonesia TV
with the theme ‘Corporate Decision Leads to Prison Sentence’, Monday (24/11) evening.
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Praswad defended the Corruption Eradication Commission and fully supported the decision of the panel of judges at the Corruption Crime Court (Tipikor) at the Central Jakarta District Court (PN) which stated that the former Main Director of PT ASDP Ira Puspadewi and his friends were proven guilty of causing state financial losses amounting to IDR 1.25 trillion in the corruption case related to KSU and the acquisition of PT JN.
He emphasized that the actions of Ira et al fell into the realm of criminal acts of corruption (Tipikor), meaning they were not protected by principles
Business Judgment Rules
(BJR).
The BJR principle is a rule that protects directors from lawsuits for company losses, as long as the decisions taken are based on good faith, are careful, based on adequate information, and are in the best interests of the company.
Even though Ira et al were proven not to have received a single bribe from the KSU process and the acquisition of PT JN, said Praswad, there are a number of factors that make this corporate action must be held legally accountable.
”
Mens rea
where is it?
Mens rea
when it was discovered that the 4 principles of BJR were collapsing.
Good faith
(good faith),
Conflict of Interest
(no conflict of interest), in the best interests of the company, continue to exist
due diligence
(due diligence),” said Praswad.
“If it can be proven that then
willen en wetten
“, knowing and wanting, when the collapse occurred, for example, fellow investigators… at the trial (it was also revealed) there was testimony from the VP of Finance and Accounting that there was an unfinished debt of IDR 600 billion,” said Praswad continued.
In the case of alleged corruption in Business Cooperation (KSU) and the acquisition of PT Jembatan Nusantara (JN) by PT ASDP in 2019-2022, Ira et al were found guilty.
The panel of judges at the Jakarta Corruption Court sentenced Ira to 4.5 years in prison and a fine of IDR 500 million, subsidiary to 3 months in prison.
Meanwhile, Muhammad Yusuf Hadi and Harry Muhammad Adhi Caksono were sentenced to 4 years in prison each and a fine of IDR 250 million, subsidiary to 3 months in prison.
According to the judge, the defendants have been proven to have committed criminal acts of corruption which caused state financial losses of up to IDR 1.25 trillion in KSU and the acquisition of PT JN by PT ASDP in 2019-2022.
Case number: 68/Pid.Sus-TPK/PN.Jkt.Pst was examined and tried by the chairman of the Sunoto panel with member judges Nur Sari Baktiana and Mardiantos.The verdict was read out on Thursday, November 20.
President Prabowo Subianto then provided rehabilitation to Ira, Yusuf Hadi, and Harry Muhammad even though they were found guilty in the alleged corruption case regarding the acquisition of PT JN by ASDP .
(fra/ryn/fra)
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