Tin Case, Jakarta High Court Judge Triples Harvey Moeis' Prison Sentence

JAKARTA, KOMPAS - Deemed to have hurt the people's feelings, the Jakarta High Court sentenced Harvey Moeis to 20 years in prison for the tin management corruption case. The sentence is not only three times heavier than the verdict issued by the Jakarta Corruption Court, but also higher than the public prosecutor's demands.

The appellate decision regarding the defendant Harvey Moeis in the corruption case of tin management was read during a hearing at the Jakarta High Court, Thursday (13/2/2025). The verdict reading session was read by the Chief Judge Teguh Harianto alongside the panel judges Budi Susilo, Catur Iriantoro, Anthon R Saragih, and Hotma Maya Marbun. During the hearing, the defendant Harvey Moeis was absent.

The Jakarta High Court agrees with the panel of judges at the first-instance court that Harvey Moeis has been proven to have committed corruption and money laundering crimes. However, the panel of judges at the Jakarta High Court disagrees with the verdict imposed on the individual, including the obligation to pay restitution.

"The Chairman of the Panel of Judges stated, 'The defendant Harvey Moeis has been proven guilty beyond a reasonable doubt of committing corruption and money laundering crimes together as stipulated in the first primary indictment and the second primary indictment.'"

The panel of judges then revised the verdict against Harvey by imposing a 20-year prison sentence and a fine of Rp 1 billion, with an alternative of 8 months in prison. In addition, the panel of judges sentenced Harvey to pay compensation of Rp 420 billion, which if not fulfilled, would be replaced by a 10-year prison sentence.

According to the panel of judges, the aggravating factor is that the defendant Harvey Moeis does not support the government's program in eradicating corruption, collusion, and nepotism. In addition, Harvey's actions deeply hurt the people's feelings because of corruption during difficult economic times.

"There are no mitigating circumstances," said the Chief Justice.

In its consideration, the panel of judges stated their disagreement with the verdict handed down by the first-instance court because the losses incurred from the case were very significant, amounting to more than Rp 300 trillion. The case was deemed to have disturbed the sense of justice of the community and contradicted Article 33 of the 1945 Constitution.

The appellate court judges also disagree with the additional penalty in the form of paying compensation. According to the judges, Harvey played a crucial role as a liaison between illegal miners and tin smelter companies as well as illegal mining shell companies.

The appellate judges panel assessed that Harvey was proven to have enriched himself and others by Rp 420 billion, which was revealed through various transactions via PT Skyline Quantum Exchange owned by the defendant Helena Lim. Meanwhile, Helena Lim only gained a profit of Rp 900 million from the currency exchange process.

"Therefore, it is not revealed that Helena Lim enjoyed the money collected by the defendant Harvey Moeis. The imposition of compensation amounting to Rp 420 billion should only be imposed on the defendant Harvey Moeis," said the Chief Judge of the Panel."

In its consideration, the appellate court judges only focused on the financial losses to the state even though the losses due to environmental damage are much greater.

Nevertheless, the appellate court panel agrees that the state's losses due to environmental damage are real and must be held accountable by the perpetrators.

However, said the Chief Judge, the prosecution process related to state losses due to environmental damage must be carried out in an environmental court, which can be done civilly, criminally, or both. "It cannot be combined with corruption crimes," he said.

The appellate verdict is heavier than the verdict in the first instance court. In the Central Jakarta District Court, Harvey was sentenced to 6.5 years in prison, fined Rp 1 billion or an alternative of 6 months of imprisonment, and ordered to pay compensation for state financial losses amounting to Rp 210 billion or face a 2-year prison sentence. Meanwhile, the public prosecutor demanded a 12-year prison sentence for Harvey Moeis.