The Jakarta Corruption Court sentenced 4 Customs and Excise officials to 2 years in prison for corruption in textile imports worth Rp. 1.6 trillion. The private party who bribed was sentenced to three years in prison.
This is stated in the decision of the Central Jakarta Central Jakarta District Court (PN Jakpus). The four customs officials are:
1. Head of Customs and Excise Facility Services (PFPC), Mokhammad Mukhlas
2. Head of Customs and Excise Section II for PFPC I, Kamaruddin Siregar
3. Head of Customs and Excise Section III for PFPC I, Dedi Aldrian
4. Head of Customs and Excise Section III for PFPC II, Hariyono Adi Wibowo
5. Private, Irianto.
"The defendant (Irianto, ed) did not use the textile import approval in accordance with its designation even though the defendant knew that the imported textiles were for the needs of their own production process to be processed into finished garments (confection), but the defendant deliberately sold the imported textiles to other parties in Jakarta and Bandung," the prosecutor explained in his indictment.
In his action, Irianto collaborated with Mukhlas, Kamaruddin, Dedi, and Hariyono. Then Irianto imported textiles exceeding the amount specified in the Textile and Textile Product Import Approval (PI-TPT). And before imported textiles enter the Batam Free Zone (free trade zone), Irianto first changes and reduces the numerical data (quantity) listed in the packing list document with the amount of 25-30%.
"So that the defendant (Irianto, ed) gains various advantages in that the volume of imported textiles is more than the imported documents, and makes the defendant have an additional re-allocation of 25% to 30%," said the prosecutor.
Irianto also changed the price value data listed in the invoice document so that the invoice value was smaller than the actual value. The goal is that the import duty paid is smaller than it should be.
"The invoice document and packing list document are then sent to the shipping company (shipping) as completeness for the Import Notification of Goods (PIB) document to Batam Customs and Excise to obtain an Approval Letter for the Release of Goods Outside the Customs Area (SPPB LDP) in the Batam Free Zone (free shipping). trade zone)," explained the prosecutor.
In the period 2018-2019, there were 9 textile factories closed due to not being able to compete with many imported products in Indonesia. The impact of the closed domestic textile factory, the level of domestic textile production that was closed, the level of domestic textile production decreased and thousands of workers experienced layoffs (PHK). As a result of the closing of the textile companies, it also affected the banking industry which had already provided credit facilities to these textile companies, in which the companies were unable to repay the loans/financing that had been received.
"The State Economic Loss as described above can be assessed economically as a minimum of Rp. 1,646,216,880,000," the prosecutor detailed.
Or at least around that amount, where Irianto's company contributed 2.29% of IDR 1,496,560,800,000 and the other company contributed 0.229% of IDR 149,656,080,000 of the total state economic losses due to illegal textile imports of IDR 65,352. trillion.
For the above crimes, Mukhlas, Kamaruddin, Dedi, Hariyono, and Irianto were sentenced to 8 years in prison. But what did the assembly say?
On April 7, 2021, the Jakarta Corruption Court sentenced the 4 Customs and Excise officials to 2 years in prison. Here are the details:
1. Head of Customs and Excise Facility Services (PFPC) Mokhammad Mukhlas
Sentenced to imprisonment for 2 years and a fine of Rp. 50 million. If the fine is not paid, it is replaced with imprisonment for 2 months.
2. Head of Customs and Excise Section II for PFPC I, Kamaruddin Siregar; (8 years old)
Sentenced to imprisonment for 2 years and a fine of Rp. 50 million. If the fine is not paid, it is replaced with imprisonment for 2 months.
3. Head of Customs and Excise Section III for PFPC I, Dedi Aldrian (tut 8)
Sentenced to imprisonment for 2 years and a fine of Rp. 50 million. If the fine is not paid, it is replaced with imprisonment for 2 months.
4. Head of Customs and Excise Section III for PFPC II, Hariyono Adi Wibowo. (key 8)
Sentenced to imprisonment for 2 years and a fine of Rp. 50 million. If the fine is not paid, it is replaced with imprisonment for 2 months.
5. Irianto
Sentenced to imprisonment for 3 years and a fine of Rp. 50 million. If the fine is not paid, it is replaced with imprisonment for 2 months.
On that decision, Irianto did not accept and filed an appeal. What did the assembly say?
"Strengthening the Corruption Court's Decision at the Central Jakarta District Court Number 55/Pid, Sus-TPK/2020/PN Jkt.Pst., April 7, 2021, for which the appeal was requested," said the high council chaired by James Butar Butar with members Singgih Budi Prakoso, Rusydi, Hening Tyastanto and Mohammad Lutfi on June 14, 2021.
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High judge Hening did not agree that if Irianto was sentenced to 3 years in prison, he should have been in prison for 7 years. The reason:
1.To obtain a personal gain of Rp. 183,690,395,000 in 2018 and in 2019 the Defendant imported textiles from China in massive quantities by committing a series of violations of the law.
2. The defendant bribed the state budget, namely Mockammad Mukhlas, SE, as Head of Service and Customs, Hariyono Wibowo, SE, as Section Head, Dedi Aldrian as Head of Customs Section, Kamaruddin Siregar, SS., who has the authority to implement Government policies in supervising the traffic of goods.
3. The defendant gave money to the investor from the surveyor and to the physical inspector of goods and to the supervisor, the defendant committed a violation by reducing the length of the textiles in the Packing List and Invoice, the Defendant Invoice and Packing List in accordance with the direction of the Defendant Drs. Irianto, the Defendant used a Certificate of Origin (coO) or Certificate of Origin from India to avoid restrictions on imports from China, the Defendant sold imported textiles directly to the market resulting in unemployment, in the period 2018-2019 there were 9 textile factories closed due to not being able to compete with other products. import.
4. There is a loss to the state's economy in the amount of Rp. 1,646,216,880,000.
5. The defendant bribed not to check the container, used a certificate of origin that was not true, imported goods were not produced but sold, changed the price to a smaller one, damaged the domestic textile industry so many went bankrupt, surged in imported goods, 15,633 unemployed workers, share the domestic market was destroyed, national production decreased, industrial activity decreased, many companies closed, and therefore the defendant should be sentenced to a heavier sentence than the first instance court decision.
However, the high judge, Hening, lost to 4 other judges. Finally, Irianto was sentenced to 3 years in prison.
In addition, Mukhlas, Kamaruddin, Dedi, and Hariyono also filed an appeal. The applications of Mukhlas, Kamaruddin, Dedi, and Hariyono are still being investigated by PT Jakarta and have not been decided.