Legal Expert Sheds Light on Conflict of Interest in Rp300 T Tin Case
Ufran Trisa, a criminal law expert from Mataram University, has raised concerns about the calculation of state losses in a corruption case involving tin commodity trading amounting to Rp300 trillion. This calculation is based on ecological losses, referring to the Study Results Report (LHK) Number VII of 2014.
According to Ufran, there is no strong argument to consider ecological losses as part of the state’s financial losses. He emphasized that ecological losses are more about environmental pollution or damage, which cannot be directly attributed to corruption.
Furthermore, the calculation of state losses should fall under the jurisdiction of the Supreme Audit Agency (BPK) mandated by the constitution, despite the decentralization of this authority to various institutions, including the Financial and Development Supervisory Agency (BPKP), following Constitutional Court Decision Number 31 of 2012.
Ufran pointed out that the discrepancy in the calculation of state losses between these two agencies often leads to legal uncertainty. This situation is exacerbated by law enforcement officials choosing to use audit results that align with the constructed case narrative.
Regarding the value of state losses in the tin case, Ufran expressed skepticism about the claims, stating that they are tendentious and questionable. Even after the conviction of the defendants, including Harvey Moeis and others, by the Jakarta Corruption Court, there is no evidence to support the alleged state losses resulting from environmental damage.
As the evidence of state losses remains unfulfilled by several convicted defendants, the Attorney General’s Office (Kejagung) has shifted its focus to five corporations implicated in the new tin case, including PT RBT, PT SIP, PT TIN, PT SB, and CV VIP, operating under the mining business permit (IUP) of PT Timah from 2015 to 2022.
Kejagung has decided to attribute environmental damage losses to these five corporations, in line with the damages caused by each company. The assigned losses for each corporation are as follows: PT RBT – Rp38 trillion, PT SB – Rp23.6 trillion, PT SIP – Rp24.1 trillion, PT TIN – Rp23.6 trillion, and CV VIP – Rp42 trillion.
“Attorney General has decided that the environmental damage losses will be imposed on the companies according to the damages caused by each respective company,” stated Deputy Attorney General for Special Crimes Febrie Adriansyah during a press conference at Kejagung, Jakarta, on Thursday, January 2, 2025.
