Lawyers: Lelyana Santosa (Partner) / Dr. Julius Singara (Partner) / Hamonangan Buddhiwisnu Harahap (Senior Associate) / Yosua L. Situmorang (Associate) / Riska Fadilla (Associate)

We are pleased to announce a very good and encouraging news that the Indonesian Supreme Court has granted an appeal filed by Nur Pamudji, former President Director of PT PLN (Persero) (State Owned Electricity Company), against a decision from the Jakarta High Court to sentence him to 7 years in prison with a fine of IDR300,000,000. The Supreme Court has found that Nur Pamudji’s action does not constitute criminal offense under the prevailing laws:

"By self-adjudication, (Supreme Court) declares that the act indicted has been proven but such act does not constitute a criminal act, therefore the defendant is released from legal charges," said the Supreme Court’s spokesperson Andi Samsan Nganro (MA Bebaskan Mantan Dirut PLN Nur Pamudji - Nasional Tempo.co).

Nur Pamudji was once awarded the prestigious Bung Hatta Anti-Corruption Award for his various policies in building the integrity of PT PLN (Persero). However, later on he was accused by the Criminal Investigations Board of the Indonesian Police Force (Bareskrim Polri) and the Attorney General’s Office for committing corruption due to his policies in the procurement of high speed diesel for electric power plants of PT PLN (Persero) thereby causing losses to state finances even.  This accusation came through besides the fact that Nur Pamudji has not made any personal gain from such procurement process. This is the irony of law enforcement in Indonesia as rightly stated by Judge Suparman Nyompa, S.H., M.H., in his dissenting opinion in the judgment at the first instance, whereas:

“...Defendant Nur Pamudji should have received an award from the state for having endeavoured to use PT. PLN budget as efficiently as possible, but conversely the good intentions and hard work of the Defendant to build and increase productivity of PT. PLN by the efficient use of the budget has brought the Defendant to criminal proceedings and has now been declared as a Defendant”.

The same was stated by High Court Judge Lafat Akbar, S.H in his dissenting opinion in the appellate judgment that:

“In the procurement of Goods/Services of PT. PLN, Defendant Nur Pamudji has factually endeavoured to conserve the use of state finances and has shown an annual average saving of state finances amounting to Rp.351,016,281,301 (three hundred fifty-one billion sixteen million two hundred eighty-one thousand three hundred and one rupiah)...”

To date, we are still waiting for the full text of the Supreme Court’s Judgment.

Source:

• MA Bebaskan Mantan Dirut PLN Nur Pamudji - Nasional Tempo.co
• Mahkamah Agung Lepaskan Eks Dirut PLN Nur Pamudji dari Hukuman 7 Tahun Penjara (kompas.com)
• MA Lepas Eks Dirut PLN Nur Pamudji soal Korupsi: Bukan Pidana (cnnindonesia.com)
• Mahkamah Agung Bebaskan Eks Dirut PLN Nur Pamudji - Kabar24 Bisnis.com