Subkhan Agus Sulisto
subkhan@majalahtambang.com
Following the aarrest of former Head of SKK Rudi Rubiandini, KPK is now expanding investigation to the ministry of energy and mineral resources. It’s a momentum to sanitize oil and gas industry in Indonesia.
Profesor Rudi Rubiandini looks like riding roller coster. At the time being, he is in the lowest point and nobody knows how long he would stay in the position whereas many still great him as a dream leade in the pasti Lebaran. He was deemed as a succesful figure, working in accordance with his science and modest
Looks at what he did on Saturday, August 3, 2013. Five days before Idul Fitri. In the boisterous hometown travel, Rudi and his family members returned to his hometown, Cieunteung, Tasikmalaya, by train. He departed from Station Senen, Jakarta to Bandung where the engineer continued the trip by another train to tasikmalaya.
As the number one person in SKK Migas with salary above Rp 200 million, it’s not difficult for Rudi to charter aircraft. However, he did not do it. “I feel convienent aboard train, also avoid traffic jam if i drive personally.” Said Rudi. Media even wrote : other officials need to imitiate Rudy’s modesty.
Less than one week, the impression on Rudi changed drastically. These all started from the arrset in his official residence in Jalan Brawijaya #r 8, South Jakarta. He was supposed to receive bribe US$ 300,000 during Holy Fasting Month and US$ 400,000 after Idul Fitri.
Based on the allegation, personnel of the anti-graft commision (KPK) picked up him from his residence to KPK office on Wednesday, August 14, 2013 at 01.20 WIB. He was supposed to receive bribe from PW Kernel Oil Pte Ltd to favor the company in the tender for the export of oil belonging to the state.
The investigator team of KPK also raided working room of the Secretary General of the Ministry of energy and Mineral Resources. The team found US$ 200,000 inside the working bag of Secretary general, Waryono Karno. Personel of KPK also came to office of SKK Migas and apartment Mediterania Tower H, Jakarta Barat.
The team carrying black bag, box containing printer and a small brown box promptly entered the working room of Waryono Karno. In the raid , the hunting team found cash money amounting to US$ 200,000 and carried a number of documents.
At the nearly same time, some 30 personnel of KPK raided office of the head of SKK Migas Rudi Rubiandini where the offficers foun money around Sing $ 60,000, US$ 2000, gold coin 180 gram and documents.
Apartment Mediterania Towe H Jakarta Barat, occupied by an executive of PT Kernel Oil Pte Ltd, Simon Tanjaya, was also examined. Through his legal attorney Junimart Girsang, Simon ammited that he does not know Head of SKK Migas Rudi Rubiandini but he granted money US$ 700,000 to golf trainer of Rudi Rubiandini, Deviardi alias Ardi.
The money was granted to Ardi because Simon deemed Ardi as secretary of SKK Migas. Simon also said that he did no know whether the money was later granted to Rudi opr not. Shortly afterwards, the name of Rudi, complete with his case and photo globalized.
Leading new website, Time.com, writes title “Surprised Arrest Further Underlines Endemic Corruption in Energy Sector. ”The news was accompanied by picture of Rudi wearing prison uniform, interviewed by journalist.
Time writes, Rudi is deemed by communities as a clean figure before he was caught. The arrest of the best lecturer of ITB in 1994 is deeming as something shocking and tragic for Indonesian people. “In the country covered by bribe, Rudi is deemed as a clean and leading figure, honorable academician, commited to combating corruption in the energy sector.” Writes Time.
Economist Magazine writes with short title : Gusher. The London-based media reported among others, SKK Migas is now subordinate to the Ministry of Energy and Mineral Resources in accordance with the decision of the Constitution Court. As a result, compared to the previous period when the agency was named BP Migas, SKK Migas is now more vulnerable to financial irregularities. Hundreds of on-line media also reported case implicating Rudi.
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To the best of or beliefs, some 85% of the oil lifting in Indonesia belongs to the state, while the remainder constitutes a right of contractors. In the case of natural gas production, the state secure a right of 70%.
Decision of Head SKK Migas No.KPTS-20/BP00000/2003-SO dated April 15,2013 regarding guidance for the Appointment of Trader of Crude Oil/Condensate Belonging the States stipulates that the sales of oil belonging to the state constitutes a task of SKK Migas.
It’s strengthened by Regulation of the Minister of Energy and Mineral Resources Number 9,2013 regarding Organization and Working Mechanism of the Upstream Oil and Gas Regulation Body (SKK Migas). Article 3 letter (g) of the regulation reads, SKK Migas performs a function to appoint the seller of oil and/or natural gas belonging to the state, which can contribute profit optimally to the state.
However, nobody knows that the tender for the appointment of the trader of oil and gas belonging to the state, which is controled by SKK Migas caused disaster. KPK smelt attempt of PT Kernel Oil Pte, Ltd to bribe Rudi Rubiandini, in order to secure portion in the sales of oil and gas belonging the state. The tender would be opened on August 19, 2013.
PT Kernel Oil Pte Ltd constitutes a Singapore-based company which trades crude oil, considensate, as well as derivative products, such as gasoline, kerosene and naftha.
Deputy of Operational Control of Migas Widyawan Prawiraatmaja admitted that his side opened tender for the sales of crude oil in August 2013. Out of the 35 oil traders registered at SKK Migas, only seven oarticipated in the tender for the sales of oil from September to October 2013. PT kernel Oil Pte Ltd could not participate because it’s involved in the alleged bribery case currently being investigated by KPK. “Of the seven companies, only four meet the requirements,” said Widyawan.
Wednesday, August 21, 2013, SKK Migas stipulated Trafigura as the winner of tender for the sales of condensate belonging to the state from Senipah Field, in Delta Mahakam, East Kalimantan. “The Winner is stipulated on the basic of the highest offered premium, US$ 2.30 above ICP of Senipah condensate,” said Agus Budiyanto, Head of the Communications and Prtocoller Sub-Section of SKK 400,000 – 500,000 bareles from September to October 2013.
Kernel unlucky. SKK Migas won’t invite the company to tender in 2013 until the case is settled. Head of SKK Migas Johanes Widjanarko said that Kernel Oil is black-listed in 2013 unless the legal process is settled.
Data at the Supreme Auditor Board (BPK) show that PWT Kernel Oil Pte, Ltd has been registered at SKK Migas since the isntitution was still named BP Migas in 2010 and the company secured contract to sell crude oil belonging to the state several times.
Based on result of investigation by NGO Publish What You Pay (PWYP) Indonesia-Coalition of Civil Society for Transparency and Accountability of Extractive Industry Governance, PT Kernel Oil Pte Ltd has so far traded most of the crude oil resulting from Fields Ardjuna, Belida, Cinta, Duri, Attaka, and Senipah, besides Field Geradai, Walio Mix, Belanak, Mudi and Bontang.
The alleged bribe, said coordinator of PWYP Indonesia, maryati Abdullah, is related closely to the authority of SKK Migas to appoint the third party to sell oil belonging to the state in the production sharing contracts of oil and gas, especially for crude oil and condensate not processed by Pertamina in the country. Maryati demands evaluation for the role and authority of SKK Migas. “In addition, SKK Migas lacks supervision,” she said.
Publish What You Pay also has report on revenue from the lifting of crude oil belonging to the state from upstream oil and gas producers in 2009 and the data are different from the data by the Directorate General of Oil and Gas and SKK Migas.
According to Maryati, from EITI report in 2009, there is difference between the amount when the data were reported to EITI for the first time and the data were reported after reconciliation so that the figure cannot be reconciled,” she said.
EITI is Extractive Industries Transparency Initiative, an international standar requiring transparency in the production and payment in mineral, gas and oil industry. EITI is developed and supervised by coalition of international civil society, investors and organization.
In the previous report, said Maryati, the volume of crude oil lifting belonging to the state from the 57 upstream oil and gas producers was only 177,965,905 barrels in 2009, while the Directore General of Oil and Gas reported the lifting as much as 179,242,266 barrels or higher 1,285,361 barrels.
Following reconciliation with the 57 producers, the lifting was 179,240,272 barrels so the difference was 1,994 barrels. According to maryati, oil and gas producers did not calculate properly in conversion volume unit.
The difference related to the lifting of crude oil issued by EITI was once confirmed to Rudi Rubiandini one day before entering the holy fasting month. At the time, Rudi Rubiandini told TAMBANG Magazine that the difference is not true and the government and upstream oil and gas companies are always transparent. “I beleive that there is no difference. They are major companies. The goverment has so far been transparent,” he said.
Rudi Rubiandini also said that the seliing proceed of crude oil belonging to the state directly comes into account of the Finance Ministry and rebuked the accusation saying that SKK enjoys the selling proceeds. “SKK Migas has no account so that the proceeds are directly remitted to the Finance Ministry,” he said.
Probably SKK Migas has no account but executives of SKK surely have. T
Source : The Indonesia Energy and Mining Magazine TAMBANG volume 8 No. 99/September 2013