Central Jakarta – Indonesia, Dr. Juniver Girsang, SH., MH. The attorney for the boss of PT Duta Palma Group or Darmex Group Surya Darmadi alias Apeng, assessed that the indictment against his client by the public prosecutor (JPU) of the Attorney General’s Office (AGO) was prepared in a hurry and imperfectly. On that basis, Juniver called his client a victim of the law enforcement process.
It is known, Surya Darmadi was charged with corruption related to the seizure of land for oil palm plantations by his company. The corruption is alleged to have caused a loss of around Rp. 86.5 trillion.
He emphasized that there was already an Omnibus Law in Law Number 11 of 2020 concerning Job Creation. In Article 110 and Article 110 b in conjunction with the Constitutional Court’s Decision Number 91/PUU-18 of 2020, it is stated that business actors still have three years to complete the administration of processing permits for the release of forest areas.
“It will only be subject to administrative sanctions for violating the said provisions,” said Juniver.
For this reason, Juniver believes that his client will not undergo the legal process as it is now if the prosecutor is not in a hurry to take steps. He also explained the basis of his assessment.
“Because several companies owned by the defendant, namely PT Palma Satu, PT Seberida Subur, and PT Panca Agrolestari still have three years until 2023 to complete all the administrative processes for obtaining the permit for the release of the forest area. Meanwhile, PT Kencana Amal Tani and Banyu Bening Utama already have rights. for business or HGU,” he said.
Charged with State Damage
The owner of PT Darmex Group or Duta Palma Surya Darmadi was charged with causing state financial loss of Rp 4,798,706,951,640 or Rp4.79 trillion and USD7,885,857.36 as well as the country’s economy of Rp73,920,690,300,000 or Rp73.92 trillion. If calculated, the total is Rp.86,547,386,723,891 or Rp.86.54 trillion.
He was indicted in the case of alleged criminal acts of corruption in oil palm plantation business activities and money laundering (TPPU). He was indicted together with the Regent of Indragiri Hulu for the 1999-2008 period, Raja Thamsir Rachman.
Prosecutors said Surya Darmadi had enriched himself by Rp7,593,068,204,327 or Rp7.59 trillion and US$7,885,857.36.
“Have committed or participated in committing acts with King Thamsir Rachman against the law, enriching oneself or another person or a corporation, harming state finances or the state economy,” said the prosecutor when reading the indictment at the Corruption Court, Central Jakarta, Thursday ( 8 /9/2022).
State financial losses were obtained based on the Report of the Financial and Development Supervisory Agency (BPKP) Number: PE.03/SR/657/D5/01/2022 dated August 25, 2022.
Meanwhile, the state’s economic losses are based on the Report of the Research and Training Institute for Economics and Business, Faculty of Economics and Business, Universitas Gadjah Mada (UGM) on August 24, 2022.
In his indictment, the prosecutor at the Attorney General’s Office (AGO) said Surya Darmadi had several meetings with King Thamsir. Surya Darmadi asked that the land clearing he had carried out in the forest area in Indragiri Hulu Regency could be approved by King Thamsir.
The land is intended for oil palm plantation business activities. Surya Darmadi’s companies, namely, PT Banyu Bening Utama, PT Palma Satu, PT Seberida Subur, and PT Panca Agro Lestari have been granted an oil palm plantation location permit by Raja Thamsir but do not have a principal permit.
A number of these companies have also been granted an oil palm Plantation Business Permit (IUP) by Raja Thamsir even though they do not have an Environmental Impact Analysis (Amdal), Environmental Management Efforts (UKL), and Environmental Monitoring Efforts (UPL).
Companies owned by Surya Darmadi carry out oil palm plantation business activities in forest areas. The absence of a forest area release permit even though it has obtained an IUP prevents the state from obtaining its rights in the form of income from payments from the Reforestation Fund (DR), Forest Resource Provisions (PSDH), and leases for the use of forest areas.
Surya Darmadi as the owner of a number of these companies is alleged to have illegally carried out plantation business in forest areas which resulted in damaged forest areas and changes in forest functions.
“The defendant as the owner of PT Banyu Bening Utama without being equipped with a Cultivation Plantation Business Permit (IUP-B) and a Processing Plantation Business Permit (IUP-P) carried out oil palm plantation business activities covering an area of 1,551 hectares and established a palm oil processing factory covering an area of nine hectares,” said the prosecutor.
(Dh.L/Ed. From various sources)