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TEMPO.CO, Jakarta - The public prosecutor (JPU) accuses the beneficial owner or the recipient of the benefits of PT Tinindo Internusa (PT TIN), Hendry Lie, of causing state financial losses of hundreds of trillions. One of the founders and Commissioner of Sriwijaya Air is embroiled in a tin corruption case.
"Causing state financial losses of Rp 300,003,263,938,131.14 (Rp 300 trillion)," said the JPU in a hearing at the Jakarta Corruption Court on Thursday, January 30, 2025.
The prosecutor stated that the figure was based on the Financial and Development Supervisory Agency's (BPKP) calculation of alleged corruption in the trading of tin commodities in PT Timah Tbk's mining business license area (IUP) from 2015 to 2022. The BPKP issued its audit report regarding the state's losses on May 28, 2024.
The JPU mentioned that Hendry Lie instructed the General Manager of PT TIN, Rosalina, and PT TIN’s marketing officer, Fandy Lingga, to create and sign an offer letter from PT Tinindo Internusa dated August 3, 2018. The letter was related to the Offer of Cooperation in Leasing Tin Processing Equipment to PT Timah, along with other private smelters, namely PT Refined Bangka Tin, CV Venus Inti Perkasa, PT Sariwiguna Binasentosa, and PT Stanindo Inti Perkasa. PT Timah had already prepared the offer letter format for a cooperation agreement.
The JPU continued by stating that Hendry Lie, through Rosalina and Fandy Lingga, also knew and agreed to Harvey Moeis's and other private smelters' actions in negotiating with PT Timah regarding the rental of private smelters. Consequently, the rental price of the smelter was agreed upon without a thorough feasibility study or assessment.
Hendry Lie was also mentioned to have known and approved of Harvey Moeis' actions along with the senior officials of private smelters for the cooperation in the rental of tin processing equipment with PT Timah. This collaboration was not included in the work plan and budget (RKAB) of PT Timah, the five smelters, and their affiliate companies.
Hendry Lie, through Rosalina and Fandy Lingga, together with Harvey Moeis and the senior officials of PT Timah, Mochtar Riza Pahlevi, Emil Ermindra, and Alwin Albar, agreed upon the rental price of the tin processing equipment with a backdated assessment. The agreed prices were US$ 4,000 per ton for PT Refined Bangka Tin and US$ 3,700 per ton for the remaining four smelters.
"This resulted in environmental damage, both in forest areas and outside forest areas within the IUP area of PT Timah, in the form of ecological losses, environmental economic losses, and environmental restoration," said the prosecutor.
Hendry Lie, along with Fandy Lingga and Rosalina through PT Tinindo Internusa, was also mentioned as receiving payments for cooperating in leasing tin processing equipment from PT Timah. According to the prosecutor, Hendry was aware that the payment was overpriced.
In addition, the prosecutor stated that Hendry Lie, through Rosalina and Fandy Lingga, approved Harvey Moeis' request to make security payments of US$ 500-750 per ton. The money was given to Harvey Moeis, seemingly recorded as the private smelter's corporate social responsibility funds.
Hendry Lie was also mentioned as having known and approved Harvey Moeis' actions in receiving security payments facilitated by Helena, the owner of PT Quantum Skyline Exchange.
The prosecutor further mentioned that Hendry Lie instructed Fandy Lingga to attend a meeting at Novotel Pangkal Pinang Hotel with PT Timah's CEO, Mochtar Riza Pahlevi, Operations Director Alwin Albar, and 27 private smelter owners. The meeting discussed Mochtar Riza and Alwin Albar's request for 5 percent of the tin ore from the private smelters' export quota. This is because the tin ore derives from mining in the IUP area of PT Timah.
Furthermore, Hendry Lie was mentioned as having known and approved the establishment of shell companies. Namely, CV Bukit Persadaraya, CV Sekawan Makmur Sejati, and CV Semar Jaya Perkasa.
The establishment of these CV companies was considered a service partner for transportation. They received work orders or SPK for transporting ore from illegal miners within the state-owned company's IUP area. Subsequently, the tin ore was sold to PT Timah as a follow-up to the cooperation agreement in leasing processing equipment between the company and PT Tinindo Internusa.
Hendry Lie and Fandy Lingga and Rosalina allegedly transported and/or collected tin ore from illegal miners within the IUP area of PT Timah through PT Tinindo Internusa and its affiliated shell companies. He was also mentioned to have received payment for the tin ore from PT Timah originating from illegal mining.
Hendry Lie is accused of violating Article 2 paragraph (1) jo for his actions. Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001 (Corruption Law) or Article 3 jo. Article 18 of Law Number 31 of 1999 jo. Article 55 paragraph 1 of the Criminal Code (KUHP).
AMELIA RAHIMA SARI | IQBAL MUHTAROM
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