The determination of the suspect at the level of Head of Service in the Tin Case is Questionable

The nickel mining corruption case that occurred in Southeast Sulawesi also concerns the RKAB. The case involved the Director General of Energy and Mineral Resources.

KOMPAS/NORBERTUS ARYA DWIANGGA MARTIAR

The Attorney General's Office named five suspects in the alleged illegal mining corruption case at PT Timah Tbk, Friday (26/4/2024), in Jakarta.

JAKARTA, KOMPAS — The government's determination of a suspect in the case of alleged corruption of tin trading in the 2015-2022 mining business permit area of ​​PT Timah Tbk which is only at the level of head of department is being questioned. They are not considered to be the highest responsible person in the case.

The suspects are Suranto Wibowo (SW) who served as Head of Energy and Mineral Resource Agency (Kadis ESDM) from 2015 to 2019; Rusbani (BN) who served as Acting Head of Kadis ESDM in 2019; and Amir Syahbana (AS) who served as Acting Head of Kadis ESDM in 2020-2021 and now holds the position of definitive Kadis ESDM.

They are suspected of issuing the approval of the Work Plan and Budget (RKAB) unlawfully to five tin refining and processing companies (smelters), namely PT Tinindo Inter Nusa, PT Stanindo Inti Perkasa, PT Refined Bangka Tin, CV Venus Inti Perkasa, and PT Sariwiguna Bina Sentosa. However, the RKAB did not meet the requirements.

Head of the National Jatam Legal Division, Muhammad Jamil, is of the view that his party is still questioning the determination of the three suspects who are former or current Heads of the ESDM Service for Bangka Belitung Province. Because, they are not the highest responsible person at the provincial level. Jamil also doubts the provincial government's authority to grant RKAB approval for a company as large as PT Timah Tbk.

PUSPENKUM KEJAKSAAN AGUNG

The company PT Refined Bangka Tin and its assets were confiscated by investigators due to alleged involvement in a corruption case related to illegal tin mining within the mining business permit area of PT Timah Tbk, on Monday (22/4/2024).

On the other hand, the revision of the Mineral and Coal Mining Law became Law No. 3 of 2020 concerning Mineral and Coal Mining, causing changes in licensing authority from provincial governments to the central government, namely the Ministry of Energy and Mineral Resources. Looking at the period of investigation of the case, between 2015-2022, it means that from 2020 to 2022, there were parties in the central government who were responsible for approving RKAB.

Jamil also hopes that investigators will trace the parties who approved and signed the RKAB submitted by PT Timah Tbk during that period. They should be held accountable for approving an RKAB that resulted in a criminal act.

"How is it possible that the RKAB is haphazard or inconsequential but turns out to be approved? Why inconsequential? "Because it was confirmed that there was a corrupt process even though the RKAB seemed to have no problems because it was always approved," said Jamil, Thursday (2/5/2024).

According to Jamil, the process of obtaining approval for the RKAB is a very vulnerable point in mining. This can be seen from the case of nickel mining corruption in the Mandiodo Block, North Konawe, Southeast Sulawesi. The case also involves the RKAB document.

PUSPENKUM KEJAKSAAN AGUNG

The seizure of assets in the form of money suspected to be the result of corruption in tin commodity mining in the mining business license area of PT Timah Tbk from 2015 to 2022.

"The case has been decided (by the court). In that case (the case in Blok Mandiodo), former Director General of Mineral and Coal at the Ministry of Energy and Mineral Resources, Ridwan Djamaluddin, was also involved," he said.

When asked about the period of the RKAB document which was the basis for the investigators in determining the suspects, the Investigation Director at the Attorney General's Office of Special Criminal Crimes, Kuntadi, stated that the investigators examined the RKAB according to the predetermined investigation period. However, Kuntadi did not elaborate on the authorized party who gave approval. "Of course, the RKAB document from 2015 until now. That's what we investigated," he said.

Suspect Hendry Lie

In addition to the three suspects who are former or officials of the ESDM Agency of Bangka Belitung Province, investigators also named Hendry Lie as a suspect as the beneficial owner of PT Tinindo Internusa (PT TIN). However, when named as a suspect, Hendry was not present due to being sick. As of Thursday (2/5/2024), he has yet to be examined.

Nonetheless, according to Kuntadi, Hendry was already examined as a witness on February 29, 2024. He also confirmed that he would soon summon him to be examined as a suspect. On Thursday (2/5/2024), investigators examined a housewife with the initials FNY as a witness in the case.