All Defendants in Tin Case Get Heavier Sentences

JAKARTA, KOMPAS - After Harvey Moeis, four other defendants in the tin management corruption case were sentenced more severely by the Jakarta High Court. They are Helena Lim, Mochtar Riza Pahlevi Tabrani, Suparta, and Reza Andriansyah.

The verdict for Helena Lim and her associates was read in separate but consecutive sessions by the panel of judges at the Jakarta High Court on Thursday (13/2/2025). The defendants were not present at the session.

Regarding the defendant Helena Lim, the Chief Judge H Budi Susilo stated that Helena was legally and convincingly proven to have committed corruption together with others and money laundering. Helena was sentenced to 10 years in prison and fined Rp 1 billion, with an additional 6 months of imprisonment if the fine is not paid.

The appellate panel of judges also imposed a replacement penalty of Rp 900 million, or if not fulfilled, it would be replaced with 5 years of imprisonment. This additional penalty changed from the previous verdict of Rp 210 billion because the panel of judges assessed that Helena Lim's company, PT Quantum Skyline Exchange, was only used as a place for transactions of the defendant Harvey Moeis's money. Helena was deemed to have only gained a profit from the foreign exchange transaction amounting to Rp 900 million.

I will request the Supreme Court, if this case is later appealed, to sentence him to life imprisonment. The basis is Supreme Court regulation number 1 of 2020, where the Supreme Court grants judges the authority to impose life imprisonment if the losses exceed Rp 100 billion.

Regarding Mochtar Riza Pahlevi Tabrani, as the former President Director of PT Timah Tbk, the appellate panel of judges ruled that he was legally and convincingly proven guilty of committing corruption jointly. The appellate panel of judges sentenced him to 20 years in prison and a fine of Rp 1 billion, with a subsidiary of 6 months imprisonment.

The appellate panel of judges also imposed an additional penalty of restitution on Mochtar amounting to Rp 493.3 billion, with a subsidiary sentence of 6 years imprisonment. The panel of judges considered that the defendant, as the President Director of PT Timah Tbk, had initiated illegal tin mining cooperation in the Mining Business Permit (IUP) area of PT Timah Tbk, resulting in state losses as well as environmental damage.

"There are no mitigating factors," said Chief Justice Catur Iriantoro.

In the first instance court, Mochtar was sentenced to 8 years in prison and a fine of Rp. 750 million, subsidiary to 6 months in prison.

To Suparta, as the President Director of PT Refined Bangka Tin, the appellate judges sentenced him to 19 years and a fine of Rp 1 billion, substitutable with 6 months of imprisonment. Suparta was also sentenced to pay a replacement fee of Rp 4.5 trillion or face an additional 10 years of imprisonment.

For Suparta's subordinate, namely Reza Andriansyah as Director of Business Development of PT Refined Bangka Tin, the panel of appeal judges sentenced him to 10 years in prison. Reza must also pay a fine of Rp 750 million, subsidiary to 3 months in prison.

The verdict of the appellate panel of judges was heavier than the verdict handed down by the first instance court. Previously, Suparta was sentenced to 8 years in prison, a fine of Rp1 billion, subsidiary to 6 months in prison, and to pay compensation of Rp4.5 trillion. Meanwhile, Reza was sentenced to 5 years in prison and a fine of Rp750 billion, subsidiary to 3 months in prison.

Coordinator of the Indonesian Anti-Corruption Society (MAKI) Boyamin Saiman, appreciated the verdict handed down by the Jakarta High Court to the defendants in the tin management corruption case at IUP PT Timah Tbk. However, Boyamin said, his party actually hoped that Harvey Moeis would be sentenced to life imprisonment, not just 20 years in prison.

"So, still not satisfied. So, I will ask the Supreme Court, if this case is later appealed, to sentence him to life imprisonment. The basis is Supreme Court regulation number 1 of 2020 where the Supreme Court authorizes judges to decide on life imprisonment if the loss is above IDR 100 billion," said Boyamin.

In addition, Boyamin also asked the Attorney General's Office to pursue the figure he called the most important figure in the case, namely the figure with the initials RBS. He called the RSB figure the party who received the most benefits as well as the intellectual actor of the illegal practice.

Separately, the Head of the Attorney General's Office's Legal Information Center, Harli Siregar, said that his office respects the decision taken by the Jakarta High Court. The decision shows that a higher court judge may agree or disagree with the decision of a lower court with several considerations, including aspects of legal and social justice.

"The next steps certainly depend on the defendant's attitude. According to procedural law, the high court's decision must first be notified to the parties. Furthermore, after the defendant receives a copy of the decision, he will determine his attitude within 14 days, whether to accept the decision or not," said Harli.