Position Case of H. Suwarna Abdul Fatah

Source: http://www.cifor.org/ilea/_pf/1/_ref/indicators/cases/decision/suwarna_AF.htm

from:

ILEA - Integrated Law Enforcement Approach (Reducing Deforestation using Anti Corruption and Anti Money)

Credit: KPK

Position Case of H. Suwarna Abdul Fatah

Defendant/Convicted Identity:

Name: Suwarna Abdul Fattah
Place/Date of birth: Bogor, 1 January 1944
Position: Governor of East Kalimantan period of 2003-2008

Charges:

The essence of his case is the permit issuance to open land for 1 million hectares palm-oil plantation in Berau, East Kalimantan. Whereas Martias, his partner, only execute logging activity and not replant the converted land into palm oil. 

The defendant was charged guilty because: [1] Give recommendation for principle permit to open forest area and Timber Utilization Permit and also issuing provisional right for forest plantation concession (temporary HPHTP) to 11 companies under Surya Damai Group owned by Matias. [2] Give dispensation for the obligation to provide bank guarantee on Forest Resource Provision-Reforestation Fund (PSDH-DR), as one condition to obtain IPK, to the above 11 companies. 

The 11 recommended companies are:

 PT Berau Perkasa Mandiri of 18 thousand hectares,
 PT Kaltim Bhakti Sejahtera of 30 thousand ha,
 PT Marsam Citra Adiperkasa of 20 thousand ha,
 PT Bhumi Simanggiris Indah of 20 thousand ha,
 PT Tirta Madu Sawit Perkasa of 9.900 ha,
 PT Sebuku Sawit Perkada of 20 thousand ha,
 PT Bulungan Argo Jaya of 17.700 ha,
 PT Repenas Bhakti Utama of 20 thousand ha,
 PT Bulungan Hijau Perkasa of 6.000 ha,
 PT Borneo Bhakti Sejahtera of 20 thousand ha, and
 PT Bhumi Sawit Perkasa of 19.250 ha.

Suwarna acted against law along with Waskito Suryodibroto, Director General Production Forest, Ministry of Forestry; Uuh Aliyudin, Head of Regional Forestry and Estate Crop Office, East Kalimantan; and Robian, Head of Forestry Office, East Kalimantan Province; and Martias, Surya Dumai Group owner. 

Due to his act, Suwarna accused to make ten companies under Surya Dumai Group richer, because they have benefit from 697 thousand cubic meter logs from forest area, and causing loss to the country up to Rp. 346,823 billion. 

Primary Charges: Accused of conducting corruption by making himself, other people, or corporation richer, that will lead to loss of country’s finance as regulated on article 2 point 1 in connection with article 18 law No. 31/ 1999 in connection with law UU No 20/ 2001 on Fight Against Corruption in connection with 55 article 1 in connection with article 64 point 1 of the criminal code. 

Subsidiary Charges: Accused of conducting power or authority abuse as regulated in article 3 Law on Fight Against Corruption. 

JPU charged Suwarna in Corruption Court: 7 years in prison, plus Rp. 200 millions of fine or substituted with 6 months in prison.

Verdict:

Judge of Corruption Act Court [District court, 22 March 2007]: Regards that Primary Indictment is unproven [reason: [1] the recommendation letter is not regulated in kepmenhutbun SK Menhutbun No 538 /Kpts-II/1999 on Permit for Timber Utilization, therefore not against the law; [2] Initiative not come from Suwarna, but from Head of Regional Forestry and Estate Crop Office East Kalimantan].

But Suwarna proven legally and convincingly guilty for abusing his power and authority to make himself or other people and corporate richer as regulated in subsidiary indictment. Therefore Suwarna was sentenced to 18 months imprisonment and was fined of Rp. 200 million rupiahs or substitute by 3 months in prison.

Both the public prosecutor (JPU) and the defendant make a appeal to higher court.

Judge from High Court of DKI Jakarta Pusat [Higher Court level, 26 June 2007]: Regards that Suwarna conduct his deed as charged by JPU both primarily or Subsidiary. Suwarna has proven [1] issuing recommendation letter to agree on releasing forest area for 11 oil palm plantation companies. And [2] letter on principle agreement for land opening and timber utilization permit for PT Berau Perkasa Mandiri, PT Sebuku Sawit Perkasa, and PT Bumi Simanggaris Indah and [3] issuing bank guarantee dispensation for PT Tirta Madu Sawit Jaya, PT Marsam Citra Adi Perkasa, PT Bulungan Hijau Perkasa, PT Berau Perkasa Mandiri, PT Sebuku Sawit Perkasa, PT Bumi Simanggaris Indah, and PT Kaltim Bakti Sejahtera [under Surya Dumai Group].

Therefore add up jail sentence for Suwarna to become 4 years in prison and fined of Rp. 200 millions or substituted with 2 months imprisonment.

Appeal Board of Supreme Court [Supreme Court Cassation, 11 December 2007]: strengthening High Court decision.