Verdict of the Supreme Court (MA) in the case of bioremediation PT Chevron Pacific Indonesia (PT CPI) over the convicted contractor PT CPI, Ricksy Prematuri and Herland Ompo son, allegedly a serious threat to private companies into sub-contractors other private companies that have a business relationship with government, state or local government.
In the decision by the chairman of the panel that diketok, Artidjo Alkostar, both contractor PT CPI was sentenced to 5 and 6 years in prison for being guilty of committing corruption in Chevron bioremediation project. Whereas in the case of Ricksy dissenting opinion, Judge Supreme Luhut Hutagalung Leopold cited a leaps of logic that deviate from the principles of civil law as a benchmark for examining the criminal case.
"If justified manner prosecute cases like this, the implications are very broad so that any action against the law in the execution of contracts between private with other private sector will always be used as a form of corruption if one of the private parties by chance have a contract with the state," wrote Leopold.
In his opinion, Leopold explained that the relationship between the defendant Ricksy as director of PT Green Planet Indonesia (PT GPI) by Widodo and Alexia (both employees of PT CPI) is a civil relationship, which in civil law embraced freedom of contract by the contracting parties. No party may interfere with the private sector to contract.
"It turned out as a director of PT GPI, defendant Ricksy never sued by PT CPI so that helped campurnya Attorney General in this case violates the principle of contract of the private sector and make it into strange matter and invited the big question," he wrote.
Criminalization Threats and Corruption
PT GPI and PT SGJ following an open tender support services and successful bioremediation project was selected among the bidders including defeating Edison company Effendi, the parties and expert witnesses in the case that ensnared Ricksy and this Herland.
Both companies signed a contract with PT CPI which is a government contractor and the largest crude oil producer in Indonesia. Both subcontractors PT CPI is running the activities and obtain payment of the PT CPI for bioremediation work that has been completed according to the contract. Rather than be lucky and win the tender again in the year 2011, a sudden they were accused of corruption by the Attorney General because the project has been implemented since 2006 is considered to be fictitious. The accusation is based on a fictitious project description Edison Effendi also their business competitors.
"The verdict is very dangerous because it can be jurisprudence. Ricksy and Herland or company should be sued first by PT CPI as the party contracting with them if there is a problem. But if this does not happen then the payment to them is legitimate under the contract, "said DR. Gisymar Najib Ali, SH, M Hum, Thursday (25/09/2014).
According to observers of the PSC contract law is also very concerned about the enforcement of this fair, if bioremediation projects assisted by the subcontractor then sued by the government for any reason, then in accordance with the principles of the contract, the government can only be sued PT CPI just as the party contracting with the government and wear appropriate dispute resolution mechanisms Cooperation Contract or production sharing contract (PSC).
"Once again, if the PT CPI has never complained or sued both subcontractors about this job and the fact that the PT CPI money are being used instead of the state budget, the corruption charges against the two convicts are false," he added.
Implications appeal verdict on both Chevron subcontractor is very serious, Najib further. According to prosecutors, the police or the Commission may at any time scooping subcontractor on charges of corruption when there are allegations that the companies contracting with the government, state, or local government has the potential to harm the country.
"If the decision is not immediately corrected, for example with a legal remedy Review (PK) then this sentence into a new jurisprudence where each subcontractor involved in a project activity with other private companies that have a contractual relationship with the government, state or local government could face corruption though the subcontractor was deemed to have been working on the task and paid according to the contract, "said Najib.
"On the verdict and this case as well as for the safety and survival of the company, the subcontractors are advised to refuse work in the field of bioremediation, or the like, or do not need to join the tender. Let the problem of waste into the affairs of government and Supreme Court justices. The reason is obvious because of contract with the subcontractor should definitely oil and gas companies contracting with the government so that we can be sure may be suspect, accused and convicted as Ricksy and Herland, "said Najib.