Former Pertamina Director to Sue BPK Audit Report in LNG Corruption Case to Administrative Court
Jakarta (ANTARA) - Hari Karyuliarto, Director of Gas at PT Pertamina (Persero) from 2012-2014, will sue the Financial Audit Board’s (BPK) Audit Report (LHP BPK) related to the alleged corruption case of liquefied natural gas (LNG) procurement to the State Administrative Court (PTUN).
According to him, the LHP, which contains details of state losses, is illegal because it was signed by an unauthorised person and falls below standards as it was conducted in violation of the Examination Standards Statement (PSP) 200 and PSP 300 guidelines.
“I am considering suing the BPK as an institution that has made errors in providing the investigative audit report,” Hari said when met after the verdict reading session at the Corruption Court in the Central Jakarta District Court (PN Jakpus) on Monday.
As such, he has not yet considered appealing the criminal verdict he received.
Hari admitted that he no longer trusts the District Court and thus chooses to sue in the PTUN.
Nevertheless, he will first consult with his legal team on whether an appeal is still necessary regarding the decision handed down to him in that case.
“So far, in these seven days, I am not thinking of appealing; I just want to pray. But we will consider it optimally,” he stated.
In the alleged corruption case of LNG procurement from Corpus Christi Liquefaction LLC (CCL) to Pertamina and related institutions from 2011-2021, Hari was sentenced to 4 years and 6 months in prison.
Additionally, Yenni Andayani, Vice President of Strategic Planning and Business Development in Pertamina’s Gas Directorate from 2012-2013, was sentenced to 3 years and 6 months in prison.
Both defendants were also fined Rp200 million each, with the provision that if not paid, it would be substituted with 80 days in prison.
In that case, Hari was found guilty, among other things, of failing to prepare guidelines for the LNG procurement process from international sources and still proceeding with the LNG procurement from Cheniere Energy Inc.
Meanwhile, Yenni was found guilty of proposing to Hari to sign the Circular Board Meeting Minutes regarding the decision on signing the LNG Train 1 and Train 2 sales and purchase agreement from CCL without supporting economic studies, risk assessments and mitigations in the CCL LNG procurement process, and without a CCL LNG buyer bound by an agreement.
As a result of their actions, a state financial loss of US$113.84 million, equivalent to Rp1.77 trillion, occurred, as two parties were unjustly enriched, namely Pertamina’s President Director from 2009-2014, Galaila Karen Kardinah alias Karen Agustiawan, and Corpus Christi.
Thus, both defendants were found to have violated Article 3 of Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption as amended and supplemented by Law No. 20 of 2001 in conjunction with Article 55 paragraph (1) first of Law No. 64 paragraph (1) of the Criminal Code.