Samin Tan's Trail: Escapes KPK's Grip, Now a Suspect at the Attorney General's Office

The beneficial owner of PT Asmin Koalindo Tuhup (AKT), Samin Tan, must once again face the law. The Deputy Attorney General for Special Crimes (JAMPIDSUS) of the Attorney General’s Office has just detained him for the first 20 days in a case of alleged corruption involving deviations in the management of PT AKT’s mining operations in Murung Raya Regency, Central Kalimantan, from 2016 to 2025. “Today, the investigative team of the Deputy Attorney General for Special Crimes, based on Investigation Order Number 14 dated 25 March, about two days ago, has elevated the suspected criminal act of corruption involving deviations in the management of PT AKT’s mining in Murung Raya Regency, Central Kalimantan, to the investigation stage,” said Director of Investigations JAMPIDSUS of the Attorney General’s Office, Syarief Sulaeman Nahdi, at his office in Jakarta, early on Saturday (28/3). “Then, today we have designated one suspect, namely ST [Samin Tan], in that case,” he continued. Syarief explained that the suspect designation was made after the investigative team obtained sufficient evidence through a series of investigative actions, including examinations of witnesses and searches conducted in several areas, namely Jakarta, West Java, South Kalimantan, and Central Kalimantan. “And it should be noted that searches are still ongoing, especially in Central Kalimantan and South Kalimantan,” he added. Syarief revealed that PT AKT continued mining until 2025, even though the termination had ended as per the Minister of Energy and Mineral Resources’ Decision Number 3714 K/30/MEM/2017 dated 19 October 2017. Samin Tan, through PT AKT and its affiliates, is said to have illegally continued mining and sales using invalid permit documents. They collaborated with state officials responsible for supervising mining activities. The Attorney General’s Office, Syarief clarified, will ensure legal accountability for the aforementioned state officials. “For now, there are none yet (no suspects from state officials), but as I mentioned earlier, this constitutes a criminal act of corruption because it is suspected to involve collaboration with state officials,” he said. Syarief stated that there are state losses due to the illegal and unlawful mining activities carried out by PT AKT. The exact value of those losses is still being calculated by the Financial and Development Supervisory Agency (BPKP) audit team. Samin Tan is charged with violating Article 603 or Article 604 in conjunction with Article 20 letter a or c of Law Number 1 of 2023 on the Criminal Code (KUHP). Escaped from KPK On 15 February 2019, the Corruption Eradication Commission (KPK) announced Samin Tan as a suspect in an alleged bribery case against former Deputy Chair of Commission VII of the DPR, Eni Maulani Saragih. Samin Tan was once on the KPK’s Most Wanted List since 6 May 2020 and was arrested by the KPK on 5 April 2021 at a cafe on Jalan MH Thamrin, Central Jakarta. The Rp5 billion bribe was for facilitating the termination process of the Coal Mining Work Agreement (PKP2B) contract for PT AKT, a subsidiary of PT Borneo Lumbung Energi & Metal (BLEM). However, the Corruption Court at the Central Jakarta District Court (PN) and the Supreme Court (MA) issued an acquittal verdict for Samin Tan. The reason was that Samin Tan was considered a victim of extortion by Eni Saragih, who needed money for her husband’s candidacy in the Temanggung Regional Election, Central Java. Eni Saragih was also deemed to lack authority to handle the Generation 3 PKP2B contract between PT AKT and the Ministry of Energy and Mineral Resources. Additionally, the panel of judges considered that Samin Tan could not be charged under Article 12B of the Corruption Eradication Law (UU Tipikor) due to his status as a gratuity giver. The Samin Tan case at the cassation level was tried by Chief Judge Suhadi with member judges Suharto and Ansori respectively. The verdict was read on Thursday, 9 June 2022. Meanwhile, Eni Saragih was found guilty of receiving gratuity as per Article 12B UU Tipikor. In the verdict of Eni Saragih’s case, the panel of judges determined that she was proven to have received Rp5 billion from Samin Tan. The case implicating Samin Tan at the KPK was a development from the bribery case of the Riau-I PLTU construction cooperation contract. In that case, the KPK designated suspects Eni Saragih, shareholder of Blackgold Natural Resources Ltd Johannes B Kotjo, former General Secretary of Golkar Idrus Marham, and former President Director of the State Electricity Company (PLN) Sofyan Basir. Sofyan Basir was also acquitted.