Court wants KPPU to reveal informers in tanker case
Leony Aurora, The Jakarta Post, Jakarta
The saga of Pertamina's tanker sale continues with the state oil and gas firm and its financial advisor Goldman Sachs demanding that the Business Competition Supervisory Commission (KPPU) submit files revealing the agency's informers to court.
In back-to-back court sessions held on Thursday, Pertamina and Goldman -- which challenged KPPU's ruling that the tanker sale last year was riddled with irregularities -- requested that all files used in the investigation, including classified ones, be submitted to the court for judges to consider.
The KPPU has insisted on protecting its informants' identities, citing Article 38 of Law No. 5/1999 on monopoly and unhealthy business competition, which stipulates that the identity of anyone coming to the commission with information regarding a violation of the law must be kept secret.
"Who will come forward to report (irregularities) in the future if we cannot protect their identities?" KPPU's legal representative David Tobing said after the sessions held at the Central Jakarta District Court.
Pertamina and Goldman pointed to another article in Supreme Court regulation No. 1/2003 on legal proceedings on objections to KPPU's ruling. Article 5 of the regulation says that KPPU is obligated to surrender its rulings as well as the case files to the district court.
"Without the files, the trial cannot be continued," said Timbul Lubis, one of Goldman's lawyers.
Goldman trial presiding judge Mulyani agreed with the petitioners and gave KPPU one day to surrender the remaining files to the court.
Tobing said that previously the KPPU had submitted all the files, including those with the informer's identity. However, as the judge had said that the files would be made public, it had retracted the files, ironically, with the court's approval.
"If the judge can guarantee that the informer's identity will not be revealed to the petitioners, then it's okay with us," he said. "However, the judge's attitude was clear: there will be no secrets in the trial."
The tanker saga started with Pertamina's plan to sell two Very Large Crude Carriers (VLCCs) last year. Bermuda-based Frontline Shipping Ltd was declared winner of the tender with an offer of $184 million.
KPPU's investigation found that in the second round of bidding, another company, Essar Shipping Ltd., was actually the highest bidder with $183.5 million. Frontline, through its Indonesian-based agent PT Equinox, raised its offer from $178 million to the winning bid days after.
The court was adjourned for the day and would be continued on Friday to receive the files from the KPPU.