The Chairman of the Panel of Judges at the Central Jakarta Corruption Court (Tipikor), Sunoto, delivered a dissenting opinion regarding the verdict for three former high-ranking officials of PT Angkutan Sungai, Danau, dan Penyeberangan (ASDP). This significant case revolves around the acquisition of shares in PT Jembatan Nusantara (PT JN) between 2019 and 2022.
Judge Sunoto asserted that the case involving former PT ASDP President Director Ira Puspadewi, ex-Commercial and Services Director Yusuf Hadi, and former Planning and Development Director Harry Muhammad Adhi Caksono, did not constitute a corruption crime. Instead, he characterized it as an suboptimal business decision, notably lacking any element of malicious intent.
This declaration was made as he presided over the verdict hearing at the Prof.Dr. Kusumahatmaja room of the Central Jakarta Tipikor Court on Thursday, November 20, in the afternoon. In his dissenting opinion, Sunoto specifically highlighted a key objection concerning the calculation of state losses in the PT ASDP case, arguing that it relied on an assessment from an uncertified public appraisal services firm (KJPP).
The calculation in question pertained to ships, which were the primary asset objects in the acquisition process. “There are several issues that require careful consideration; the ship valuation was conducted by an expert who, in their court testimony, admitted to not possessing a KJPP certificate, lacking a formal license, and not having permits from the Ministry of Transportation,” Sunoto explained, underscoring the questionable validity of the appraisal.
Furthermore, Sunoto deemed the Corruption Eradication Commission’s (KPK) Forensic Accounting Team unqualified to calculate state losses in the PT ASDP case. This stance was reinforced by the fact that the Financial and Development Supervisory Agency (BPKP), as the officially authorized institution, explicitly refused to conduct the state loss calculation for the case.
Sunoto also referenced an audit conducted by the Supreme Audit Agency (BPK) in 2022, with its findings reported in 2023. This audit examined the propriety of PT ASDP’s investment management. The BPK concluded in its report that PT ASDP’s investment was compliant with prevailing regulations.
“The BPK did not conclude the existence of a corruption offense and did not recommend criminal charges; rather, it only provided recommendations for administrative improvements,” he stated, further supporting his argument against criminal intent.
Moving beyond financial technicalities, Sunoto elaborated that the testimonies from both witnesses and defendants during the trial showed no evidence of money transfers or the provision of facilities from the owner of PT JN to the defendants. “Mr. Adjie (PT JN’s owner) even mentioned that his offer to give a mobile phone and Madura batik to defendant Harry was rejected. Similarly, defendant Ira declined offers of pick-up services and hotel rooms,” Sunoto recounted, illustrating the absence of illicit transactions.
However, Sunoto’s perspective diverged significantly from that of other judges on the panel, including judge Nur Sari Baktiana. In contrast to his view, the Central Jakarta Tipikor Court panel sentenced former PT ASDP Indonesia Ferry President Director Ira Puspadewi to 4.5 years in prison. This sentence was considerably lower than the public prosecutor’s demand of 8.5 years for the PT ASDP corruption case.
The judicial panel also handed down four-year prison sentences each to former Commercial and Services Director Yusuf Hadi and former Planning and Development Director Harry Muhammad Adhi Caksono. All three were convicted of causing Rp 1.25 trillion in state losses through the acquisition of PT Jembatan Nusantara shares from 2019 to 2022.
KPK prosecutors asserted that the ships acquired by the defendants were old, unfit for use, and in a scuttled condition. They explained that the case originated from a business cooperation scheme (KSU) between PT ASDP and PT JN in 2019. The defendants were further accused of failing to consider the age of PT JN’s ships when determining the transaction scheme and allegedly manipulated the valuation of 53 PT JN vessels by KJPP Mutaqin Bambang Purwanto Rozak Uswatun dan Rekan (KJPP MBPRU).
Summary
The presiding judge of the Jakarta Corruption Court, Sunoto, issued a dissenting opinion in the verdict against three former directors of PT ASDP concerning the acquisition of shares in PT Jembatan Nusantara (PT JN). Sunoto argued that the case was not a criminal act of corruption, but rather a suboptimal business decision lacking malicious intent. He highlighted the calculation of state losses, which he deemed invalid due to the use of an uncertified public appraiser.
Sunoto’s dissenting opinion was based on several points, including the BPKP’s refusal to calculate state losses and the 2022 BPK audit results, which found no indication of corruption. Furthermore, there was no evidence of money transfers or the provision of facilities from the owners of PT JN to the defendants. Nevertheless, the majority of the other judges still delivered a guilty verdict, sentencing Ira Puspadewi, Yusuf Hadi, and Harry Muhammad Adhi Caksono to imprisonment, as they were deemed to have caused state losses of Rp 1.25 trillion through the acquisition of PT JN shares.
