The former President Director of PT Pelabuhan Indonesia II (Persero) (Pelindo II) Richard Joost “RJ” Lino applied for a pre-trial against the Corruption Eradication Commission (KPK) at the South Jakarta District Court on December 28, 2015. Lino challenges the KPK’s decision to name him as a graft suspect in the case of procurement Quay Container Crane (QCC) units during the 2010 fiscal year.
Lino’s legal counsel Maqdir Ismail told the press that Lino’s status as a suspect must be declared invalid because the procurement process in question did not meet the elements of tort, or misuse of authority as alleged. Maqdir argued that the direct appointment option used was within Lino’s rights as the CEO of the company.
As we all know, Lino did conduct an auction/bidding process as mandated by the law for a procurement project valued over Rp100 billion. Lino directly appointed the China-based company Wuxi Hua Dong Heavy Machinery Co. Ltd. to provide the QCC units to be used in Pontianak, Palembang and Lampung.
In his various statements in the media, Lino said that he went to the direct-appointment route because he had conducted an auction several times before for the procurement of the QCC units but the process never yielded the desired outcome. Lino stressed the growing urgency for the procurement of the project as the basis for his decision.
Maqdir also argued that the KPK had acted in a hurry when naming Lino as a suspect, for Lino was declared a suspect even though the Commission did not already have the results of the calculation of state losses caused by the supposedly faulty procurement. Maqdir has asked the KPK to postpone their examination of the case in view of the on-going pre-trial.
In response, KPK representative Priharsa Nugraha told the press that the KPK respects Lino’s decision to file the petition and that they’re ready to accept the challenge in court. The KPK believe that they’ve already acted in compliance with the procedures. Priharsa also said that the Commission would wait for a letter from the court stating that it had accepted the pre-trial. The pre-trial lawsuit, Priharsa said, would not affect KPK’s investigation process. The examination of witnesses and the possible suspects would continue as usual.
Sure enough, the KPK began examination of witnesses on the same day Lino filed for his pre-trial. Two witnesses were examined, namely the Director of Engineering and Operations of PT Jasa Peralatan Pelabuhan Indonesia (JPPI), Mashudi Sanyoto, and an official at the field of Planning and Business Development at Pelindo II by the name of Dedi Iskandar.
Experience tells us that the pre-trial process will not deter the KPK from continuing their investigation. The pre-trial petition filed by the former Secretary General of Nasdem Patrice Rio Capell, for instance, did not stop the KPK from investigating the accusation of bribes made by the disgraced Governor of North Sumatera Gatot Pujo Nugroho in relation to the case. The KPK also did not attend the inaugural session of Patrice’s pre-trial. The process ended with Patrice finally dropping his lawsuit on November 4, 2015 and shortly afterwards the indictment for the case was handed over to the prosecution. Patrice was eventually sentenced to 1 year and 6 months in prison.
By Pradnya Paramitha
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