Attorney General established two companies (corporations), PT Indosat Tbk and its subsidiary, PT Indosat Mega Media, as a suspect in a corruption case uses 2.1 gigahertz radio frequency network or 3G. Both corporations were subject to Articles 2 and 3 of Law No. 20 Year 2001 on Eradication of Corruption.
"Indosat and IM2 (PT Indosat Mega Media) named as a suspect with a warrant signed by investigation January 3, 2013," said Director of Special Criminal Investigation Attorney General Adi Toegarisman, Friday (01/04/2012), in Jakarta.
Thus, in this case, the Attorney General's investigation has established four suspects, made up of two people and two corporations. Two of the suspects is a former Managing Director of IM2 Indar Atmanto and former Director of Indosat Johnny Swandi Sjam.
According to Adi, the Corruption Act, which a suspect is that everyone, both individuals and corporations.
The case began when the government auctioning the 3G frequencies in 2007 were won by Indosat, Telkomsel and XL. PT IM2 who do not participate in the tender assessed the Attorney General put it to the network or internet data services through cooperation and made between PT Indosat IM2. Therefore, IM2 as telecommunications abusing assessed the frequency of 3G cellular mobile networks as it uses the network without government permission.
Financial and Development Supervisory Agency (BPK) has been launched, the value of state losses in the case reached $ 1.3 trillion.
Earlier, Deputy Attorney General for Special Crimes Andhi Nirwanto explained, two people have been charged, that Indar Atmanto and Johnny Swandi Sjam, known not enjoy the money that was corrupted. The beneficial is corporate, namely Indosat and IM2.
With named as a suspect, Indosat and IM2 should return the state losses of Rp 1.3 trillion. If you just set Indar and Johnny as a suspect, it is impossible to restore those two losses to the state.
"So this is an effort to maximize the Attorney General's Office refunds corrupted state. Penalty for corporations is certainly not a prison sentence, but fines to restore losses to the state," said Andhi.
Indosat has denied any abuse 2.1 GHz frequency band. Indosat IM2 assess cooperation in accordance with the rules.
According to the management of Indosat, Indosat as rents telecommunication network IMT-2000 at 2.1 GHz frequency band to IM2 as a telecommunications carrier. This is in accordance with Article 9 (2) of Law No. 36 of 1999 on Telecommunications, which states, renting a telecommunications network belonging to a telecommunication network.
Indosat also confirmed not happen transfer frequency of 2.1 GHz to Indosat IM2. Indosat also denied the state any loss due to such cooperation. Indosat claimed to have paid the non-tax revenue from the utilization of the frequency of 2.1 GHz worth Rp 1.89 trillion.
Indosat counsel, Luhut MP Pangaribuan, said that in this case should be responsible for Indosat and IM2 is because this is cooperation between companies.
"Thus, the Attorney General normatively correct steps. Which is not true is to establish people as suspects. So, I see this as a correction of the Attorney General. Besides, there really is not a common use of frequencies," said Luhut.
No corruption
Nevertheless, according to Luhut, must be careful to bring the case to court because there really is no corruption. "If you do not pay an obligation, it is not corruption. Thing that can be charged. So this is not a criminal offense, the only administration," he said.
Executive Director of Community Telecommunications Thoyib Eddy said the telecommunications industry worried about hundreds of internet service providers or Internet service provider (ISP) will be affected by this case.
"Should the Ministry of Communications and Information Technology from the beginning stating that cooperation Indosat and IM2 is appropriate to clarify the regulation back to the BPKP and the Attorney General," said Eddy.
According to Eddy, with no loss to the state declared in the case of IM2, will impact the more than 200 other ISPs with the same business model as Indosat and IM2
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