The Attorney General’s Office (AGO) has seized Rp 477.36 billion in compensation from Kokos Leo Lim, who was convicted in a coal procurement corruption case.
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The Attorney General Office executed a court order to seize Rp 477.36 billion (US$34.09 million) in compensation from a convict in a coal corruption case. The recovery of funds to undo state losses needs to be optimized in combating corruption.JAKARTA, KOMPAS — The Attorney General’s Office (AGO) has seized Rp 477.36 billion in compensation from Kokos Leo Lim, who was convicted in a coal procurement corruption case. This has led to a sharp increase in the attorney general\'s achievement to secure assets, at least during the last three years.
The achievement could give the AGO the momentum it needs for a further breakthrough in investigating corruption cases and at the same time recovering state funds lost to corruption.
One hundred plastic bags containing cash in Rp 100,000 denomination were displayed neatly on six wooden tables at the AGO’s office in Jakarta on Friday. A sign that reads "Rp 477,359,539,000 in total," was placed on top of the pile of money.
However during a press briefing, Attorney General Sanitiar Burhanuddin said the actual amount of the money on display was only Rp 100 billion. The money was displayed only for the press conference. The Rp 477.36 billion taken from Kokos was deposited in the state treasury by the executing prosecutor.
"Today we are executing the [recovery of funds]. Last week, the convicted [Kokos] was sent to the Cipinang class I prison," said Burhanuddin.
The execution of the court’s verdict against Kokos, who was the president director of PT Tansri Madjid Energi, was carried out by the prosecutor\'s office based on Supreme Court Decree No. 3318K/Pid.Sus/2019 dated Oct. 17, 2019.
A panel of judges of the Supreme Court, led by Krisna Harahap as the chief and including Abdul Latief and Suhadi as members, sentenced Kokos to four years in prison and a fine of Rp 200 million or an additional six months in prison in accordance with prosecutors\' demand. The convict was also required to pay Rp 477.35 billion in compensation as an additional punishment.
The law stipulates a prison sentence of four to 20 years and a fine of Rp 200 million to Rp 1 billion.
The prison sentence demanded by prosecutors in the case was the minimal term stipulated in Article 2 of Law No. 31/1999 on corruption, which was used by the prosecutors.
The law stipulates a prison sentence of four to 20 years and a fine of Rp 200 million to Rp 1 billion. Paragraph 2 of the article even states that capital punishment can be imposed in certain circumstances.
"In accordance with Article 2, we demand a sentence of at least four years on the consideration that the convict has agreed to recompense the state for losses incurred despite efforts through asset tracking and confiscation during the trial," said the head of the Jakarta Prosecutor’s Office, Warih Sadono.
Consistency Needed
AGO data show that compensation for state losses raised in the first half of the year amounted to Rp 82.34 billion. With the addition of the Rp 477.35 billion raised from the coal corruption case, the funds raised by the AGO in 2019 are the highest since 2017.
In 2018, the total amount of compensation funds was Rp 56.35 billion, while in 2017 it was Rp 173 billion.
Trisakti University criminal law lecturer Abdul Fickar Hadjar expressed hope that this achievement would give the prosecutor\'s office the momentum to make further breakthrough in eradicating corruption.
Fickar urged the AGO to be more consistent in handling corruption cases, both large and small ones. The commitment to focus on asset seizure with the aim of optimizing compensation for state losses is expected to continue and not to be selective in certain cases.
During the working meeting in December, the working program will be formulated more clearly.
Related to this, Burhanuddin also emphasized that he would immediately evaluate the performance of the prosecutor\'s office and compile new work programs. One of them would commit the AGO to further strengthen efforts to eradicate corruption, which will be focused on the recovery of state losses. "Of course, consistency is needed. During the working meeting in December, the working program will be formulated more clearly," said Burhanuddin.
Coal Procurement
Kokos’ corruption case pertains to a coal procurement project of state-owned electricity company PLN. PT Tansri Madjid Energi (TME), Kokos’ company, won the Rp 1. 4 trillion contract in a tender held by PLN’s subsidiary PLN Batubara.
However, during the process, PT TME did not carry out the coal procurement according to the contract. The quantity of coal received by PLN was far below the contractual agreement, despite the fact that PLN Batubara had paid Kokos’ company Rp 477.35 billion. The money was disbursed in two payments, namely Rp 30 billion in 2011 and the rest in 2012. In fact, the 9,000-hectare coal mine in Muara Enim, where the coal for PLN was supposed to come from, was a rubber plantation.
Kokos had been acquitted by the Jakarta Corruption Court in mid-June 2019. The panel of judges chaired by Faisal Hendri said Kokos was not proven legally and convincingly to have committed corruption. In response to the acquittal, the AGO filed an appeal with the Supreme Court.
Need to optimize
Parahyangan University criminal law lecturer Agustinus Pohan said the sentence required the convict to return money he did not own. "This is the same as seizing goods stolen from a thief. So, in fact it is not a sanction, because it is only returning assets obtained from crime. The payment of compensation cannot ease the criminal penalties," he said.
Nevertheless, he said, the inclusion of compensation in sentences should be optimized. "This is not only to return proceeds obtained through crime but also to recover losses arising from crimes," he said. (IAN/FAI)