Jakarta, hitclubapk3 Indonesia
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Gas Director
PT Pertamina
period 2012-2014 Hari Karyuliarto and Senior Vice President (SVP) Gas & Power PT Pertamina in 2013-2014 Yenni Andayani were charged with causing losses to the state amounting to US$ 113,839,186.60 in the alleged corruption case in the procurement of Liquefied Natural Gas (LNG) at PT Pertamina in 2011-2021.
“Defendant I Hari Karyuliarto and Defendant II Yenni Andayani committed or participated in committing several acts which must be considered as a continuous act, unlawfully, committing acts of enriching themselves or other people or a corporation, which caused state financial losses to PT Pertamina (Persero) amounting to US$ 113,839,186.60,” said KPK Prosecutor Yoga Pratomo when reading the indictment at the Corruption Crime Court (Tipikor) at the Central Jakarta District Court (PN),Tuesday (23/12).
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This action was carried out together with the Main Director of PT Pertamina for the 2009-2014 period Galaila Karen Kardinah alias Karen Agustiawan.
The crime occurred at the PT Pertamina Head Office on Jalan Medan Merdeka Timur, Central Jakarta;at the Sheraton Airport Hotel in the Soekarno-Hatta Airport area, Tangerang City;at the Corpus Christi Liquefaction Office at 700 Milam St.Suite 800, Houston, USA.
The defendant’s actions
Hari is said to have not prepared guidelines for the LNG procurement process from Cheniere Energy Inc.;approved the Corpus Christi Liquefaction Term Sheet which includes a price formula without considering the price that prospective domestic buyers are willing to pay.
Hari also asked for approval from the board of directors in a circular manner before signing the Corpus Christi Liquefaction Train 1 LNG Sales and Purchase Agreement without proposing to the board of directors for a written response and approval from the GMS.
Then agree to sign the Corpus Christi Liquefaction Train 1 LNG Sales and Purchase Agreement without a binding LNG buyer;did not prepare and attach an economic, risk and mitigation study, and did not attach a draft Sales and Purchase Agreement (SPA) in the memorandum requesting approval to the board of directors regarding the decision to sign the Corpus Christi Liquefaction Train 1 LNG Sales and Purchase Agreement.
Hari also held talks with Cheniere Energy Inc.regarding plans to add Corpus Christi Liquefaction LNG since March 2014 based on potential demand, not on buyers who have signed agreements.
Furthermore, Hari agreed to a higher Train 2 price formula without a risk study or economic analysis to ensure the Corpus Christi Liquefaction Train 2 LNG price was competitive compared to LNG prices from domestic sources or other sources that use crude oil prices.
Hari proposed to Karen Agustiawan to sign a power of attorney addressed to him to sign the LNG SPA Train 2 without the support of the board of directors’ approval, a written response from the board of commissioners and the approval of the GMS and without any buyers of Corpus Christi Liquefaction LNG who had been bound by the agreement.
He also signed the LNG SPA Train 2 without the support of the board of directors’ approval, a written response from the board of commissioners and the approval of the GMS, and without any buyers of Corpus Christi Liquefaction LNG who had been bound by the agreement.
Meanwhile, Yenni proposed to Hari to sign the Circular Minutes of Directors’ Meeting (RRD) regarding the Decision on the Signing of the Purchase and Purchase Agreement for LNG Train 1 and Train 2 from Corpus Christi Liquefaction without the support of an economic, risk and mitigation study in the Corpus Christi Liquefaction LNG procurement process, and without buyers of Corpus Christi Liquefaction LNG who have been bound by the agreement.
Yenni signed the SPA Train 1 LNG Purchase between PT Pertamina and Corpus Christi Liquefaction on December 4 2013 based on a Power of Attorney from Karen Agustiawan even though not all of PT Pertamina’s directors had signed the Minutes of Directors’ Meeting (RRD) and without a written response from the PT Pertamina board of commissioners and GMS Approval, and without any buyers of Corpus Christi Liquefaction LNG who had been bound by an agreement.
For their actions, Hari and Yenny were charged with violating Article 2 paragraph 1 or Article 3 of the Corruption Eradication Law (UU Tipikor) juncto Article 55 paragraph 1 of the Criminal Code in conjunction with Article 64 paragraph 1 of the Criminal Code.
(ryn/ugo)
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