The Nur Alam case’s prosecution shows that the Corruption Eradication Commission is still not serious in dealing with corruption cases that cause environmental damage. From the material in the trial, it was clear that the Corruption Eradication Commission (KPK) should have sued Nur Alam for bribes and wealth received by the company and environmental losses, which were the impact of the abuse of authority. The calculation of environmental losses must be evaluated comprehensively, including the cost of recovery and the opportunity lost that occurred.
In this demand, the Expert mentions the cost of restoring water and watersheds, but the opportunity lost due to the loss of environmental services has not been calculated. In the trial examination, the testimony of other experts only calculated the loss from the financial sale of nickel of 1.59 T. The Corruption Eradication Commission (KPK) prosecutors should have further explored the social burden (social of crime) from environmental crimes resulting from Nur Alam’s corruption. The Corruption Eradication Commission has repeatedly raised discourses to use environmental damage as a loss to the state.
In this case, the Corruption Eradication Commission’s (KPK) efforts have not yet been seen to hold corporations accountable for being actively involved in indications of bribery and money laundering. Three companies have an active role in this case, namely PT Billy Indonesia, Richcorp International Limited, and PT Sultra Timbel Mas Abadi, including the three companies’ beneficial owners.
For example, several other facts, the sale to Well Victory International Limited, have not been scrutinized. With the existence of Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations, corporations’ accountability is no longer a discourse that must be debated. A deterrent effect needs to be given to companies involved and even receive benefits from criminal acts of corruption.
In this case, the various modes of abuse of power for the issuance of extractive industry permits starting from gratuities by corporations are visible. It should be noted that the permit for PT. AHB is carried out on a backdated basis, while environmental permits are issued in only two weeks. Another method, even making environmental permits, is used to channel bribes to related parties, such as the Head of the Energy and Mineral Resources Office of Southeast Sulawesi Province.
We suspect that the issuance of permits is related to reciprocation for financing the Nur Alam Regional Head Election campaign in 2008. Auriga noted that at least 2,030 mining permits were issued one year after the election. The permit for PT AHB was initiated in 2009, meaning one year after Nur Alam was elected governor. This case is a standard mode of licensing corruption. Thus, the Corruption Eradication Commission (KPK) should be severe in prosecuting the parties involved to deter other regional heads. Given that, soon 171 regions will hold regional head elections simultaneously in 2018.
Based on the above, the Civil Society Coalition urges:
- The Corruption Eradication Commission (KPK) extends the request for criminal responsibility to include the corporations involved as per the results of the examination at the trial;
- Corruption Eradication Commission (KPK) seriously uses environmental damage valuations in calculating state losses;
- The Panel of Judges examining and deciding Nur Alam’s case must provide legal considerations that there was the involvement of the Corporation in the Nur Alam case, which the Corruption Eradication Commission (KPK) must follow up to participate in ensnaring the Corporation in this criminal act;
- The government issued a policy to impose a moratorium on the issuance of mining and other extractive business permits until the end of the political year in Indonesia;
- The government evaluates environmental permits issued for extractive industry exploitation.
Contact person:
Sahrul Gelo (Sagero Foundation): sahrul.gelo2014@gmail.com
Syahrul Fitra (AURIGA): syahrul@auriga.or.id
Pius Ginting (AEER): pius..ginting @ gmail.com
Andi Muttaqien (ELSAM): andi@elsam.or.id
Merah Johansyah (JATAM): merahjohansyah@gmail.com
Rizky Ananda (PWYP): rizkyananda1007@gmail.com
Civil Society Coalition
Sagero Foundation, Jatam, AURIGA, ELSAM, PWYP Indonesia, Aksi Ekologi dan Emansipasi Rakyat (AEER)